OMPS 1.2 Parts of the Handbook applicable to oil market participants
The parts of the Handbook and their applicability to oil market participants are listed in OMPS 1.2.2 G. Oil market participants should read applicable parts of the Handbook to find out what the detailed regulatory requirements for oil market participants are.
Parts of the Handbook applicable to oil market participants
This table belongs to OMPS 1.2.1 G
Part of Handbook |
Applicability to oil market participants |
|
High Level Standards |
Principles for Businesses (PRIN) |
This applies. |
Senior management arrangements, Systems and Controls (SYSC) |
This applies. |
|
This applies8. |
||
Threshold Conditions (COND) |
This applies. |
|
Statements of Principle and Code of Practice for Approved Persons (APER) |
If an oil market participant has an appointed representative, APER applies to approved persons in relation to that appointed representative8. |
|
The Fit and Proper test for Employees and Senior Personnel6 (FIT) |
This applies. |
|
The Financial Stability and Market Confidence sourcebook (FINMAR) |
This is unlikely to be of relevance to the business of an energy market participant. |
|
General provisions (GEN) |
This applies. |
|
Prudential standards |
Interim Prudential sourcebooks (IPRU) |
Chapter 1 (Application and General) of IPRU(INV) (Interim Prudential sourcebook: Investment Businesses) applies. Chapter 3 (Financial resources for Securities and Futures Firms which are not MiFID investment firms9) of IPRU(INV) applies, with the following qualifications: (a) to an oil market participant only if it is a member of a recognised investment exchange or a designated investment exchange which is, under the rules of that exchange, entitled to trade with other members: see IPRU(INV) 3-1A.9 (b) [deleted]9 (c) [deleted]9 [deleted]9 The other IPRU sourcebooks do not apply. 22222722 |
[deleted]9 |
[deleted]9 |
|
[deleted]9 |
[deleted]9 |
|
[deleted]9 |
[deleted]9 |
|
Business standards |
[deleted] |
[deleted] |
Conduct of Business sourcebook (COBS) |
Only some parts of COBS apply to oil market activity: see COBS 18.2 |
|
Client assets sourcebook (CASS) |
This applies |
|
Market Conduct sourcebook (MAR) |
This applies; however MAR 2 (Stabilisation)4 is likely to be of only marginal relevance to the business of an oil market participant. MAR 5 (Multilateral Trading Facilities) applies to an oil market participant that operates an 5MTF, and MAR 5A (Organised trading facilities) applies to an oil market participant that operates an OTF. 5 |
|
Training and Competence sourcebook (TC) |
TC (Rules and guidance) will apply where an oil market participant conducts activities set out in TC App 1 for retail clients. However, all oil market participant are subject to the competent employees rule in SYSC. |
|
Regulatory processes |
[deleted] |
[deleted] |
Supervision manual (SUP) |
This applies, with the following qualifications: (a) in SUP 3 (Auditors), only some provisions apply if IPRU(INV) 3 (Financial Resources for Securities and Futures Firms which are not MiFID investment firms9) does not apply to an oil market participant: see SUP 3.1.2R;8 (c) SUP 16.7 (Financial reports) does not apply to the firm if IPRU(INV) 3 does not apply: see SUP 16.1.3R and SUP16.7.5G; (Transaction reporting) does not apply to an oil market participant which is not a9 third country investment firm: (e) SUP App 2 (Insurers: Scheme of operations) does not apply. 22101055 |
|
Decision Procedure and Penalties manual (DEPP) |
This applies. |
|
Redress |
Dispute resolution: Complaints sourcebook (DISP) |
Oil market participants are subject to the Compulsory Jurisdiction of the Financial Ombudsman Service. However, a firm which does not, and notifies the FCA under DISP 1.1.12 R that it does not, conduct business with eligible complainants (persons eligible to have a complaint considered under the Financial Ombudsman Service, as defined in DISP 2.4) will be exempt from the rules on treating complainants fairly (DISP 1.2 to DISP 1.11 and from the Financial Ombudsman Funding rules (FEES 5.1 to FEES 5.7). |
Compensation sourcebook (COMP) |
COMP applies to all firm. However, oil market participants that do not conduct business that could give rise to a protected claim by an eligible claimant as defined and have no reasonable likelihood of doing so can gain exemption under FEES 6.2 from some compensation scheme levies. |
|
This applies. |
||
Specialist sourcebooks |
Collective Investment Schemes sourcebook COLL |
This does not3 apply to an oil market participant.3 3 |
This does not apply to an oil market participant. |
||
[deleted] |
[deleted] |
|
Professional firms sourcebook (PROF) |
None of the other specialist sourcebooks applies. |
|
Deleted |
||
Recognised Investment Exchange and Recognised Clearing House sourcebook (REC) |
||
Special guides |
Special guide for service companies (SERV) |
This does not apply because oil market participant is defined to exclude a service company. |
Special guide for energy market participants (EMPS) |
This does not apply because energy market participant is defined to exclude an oil market participant. |
|
Special guide for oil market participants (OMPS) |
This applies. |
|
Schedules |
Summary schedules 1. Record keeping requirements 2. Notification requirements 3. Fees and other required payments 4. Powers exercised in making the Handbook 5. Rights of action for damages 6. Rules that can be waived 7. Releases |
These apply, but only to the extent that the sourcebook or manual to which they relate applies. |
Glossary of definitions |
This applies. |
|
Index |
This applies. |
The following Regulatory Guides may also be relevant to oil market participants:
1. The Enforcement Guide (EG)