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Status: Please note you should read all Brexit changes to the FCA Handbook and BTS alongside the main FCA transitional directions. Where these directions apply the 'standstill', firms have the choice between complying with the pre-IP completion day rules, or the post-IP completion day rules. To see a full list of Handbook modules affected, please see Annex B to the main FCA transitional directions.

APER 1.1A 7Application

Who?

APER 1.1A.1 R RP

1 APER applies to FCA-approved persons who are approved to perform a controlled function in SUP 10A (FCA Approved Persons in Appointed Representatives).5

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APER 1.1A.1A G RP

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What?

APER 1.1A.2 R RP
  1. (1)

    1APER applies to the performance by an approved person of FCA controlled functions in SUP 10A (FCA Approved Persons in Appointed Representatives5) (whether or not approval has been sought and granted).3

  2. (2)

    APER also applies to the performance by an approved person of any other functions in relation to the carrying on of a regulated activity by their authorised approved person employer.3

  3. (3)

    Subject to (4), APER does not apply to conduct to which COCON applies.3

  4. (4)

    APER applies to conduct to which COCON does not apply under COCON 1.1.8AR (To what conduct does it apply?).3

  5. (5)

    APER does not apply to conduct unless it is within the scope of section 64A of the Act (Rules of conduct).5

APER 1.1A.3 G RP

The functions described in APER 1.1A.2R1are called accountable functions.

APER 1.1A.4 G RP

[deleted]64

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Where?

APER 1.1A.5 G RP

The territorial scope of the approved persons regime64 is set out in SUP 10A.145.

Coverage of APER

APER 1.1A.6 G RP

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APER 1.1A.7 G RP

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APER 1.1A.8 G RP

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APER 1.1A.9 G RP

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APER 1.1A.10 E

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APER 1.1A.11 G

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APER 1.2 Purpose

APER 1.2.1 G

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APER 1.2.1A G RP

3The Statements of Principle contained in APER 2 are rules made 2under section 64A(1)(a) 2of the Act (Rules of conduct). 2

APER 1.2.2 G RP
APER 1.2.3 G RP

The Code of Practice for Approved Persons sets out descriptions of conduct which, in the opinion of the FCA3, do or2 do not comply with a Statement of Principle2. The Code of Practice for Approved Persons also sets out, in certain cases, factors which, in the opinion of the FCA3, are to be taken into account in determining whether or not an approved person's conduct complies with a Statement of Principle.2

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APER 1.2.4 G

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APER 1.2.5 G RP

As set out in SUP 10A.3.1 R (Provisions related to the Act)3, a function is a controlled function only to the extent that it is performed under an arrangement entered into by:

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  1. (1)

    a firm; or

  2. (2)

    a contractor of the firm;

in relation to the carrying on by the firm of a regulated activity.

APER 1.2.6 G

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APER 1.2.7 G

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APER 1.2.8 G

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APER 1.2.9 G

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