Status: You are viewing the version of the handbook as on 2005-06-30.

COB TP 4 Miscellaneous transitional provisions applying to all firms

COB TP 4.4 157

611

(1)

(2)

(3)

(4)

(5)

(6)

Material to which the transitional provision applies

Transitional provision

Transitional provision: dates in force

Handbook provision: coming into force

1

COB 6.5.40 R (3)(k) and (l)

R

Expired15

1515
15 15

2

COB 6.5.18 and COB 6.6

R

Expired15

1515

From 1 November 2002 to 5 April 2003

1 November 20021

3

COB 6.8.26and COB 6.8.28

R

Expired15

1515
15 15

4

COB 3.8.4 R (3), 3.9.7R (1), COB 3.13.4 R

R

Expired15

1515
15 15

5

COB 4.2.15E (2), 4.3.15E (22), COB 5.5.3 R, COB 5.5.5 E, COB 5.5.9 R - COB 5.5.12 R

R, E, G

A firm is not required to comply with the amendments to the rules in column (2) made by the Statutory Status Disclosure Instrument 2003 until 1 October 2004; to the extent that a firm continues to rely upon terms of business (including a client agreement) given to or made with a client before 1 October 2004, the firm does not need to comply with the amendments to COB 4.2.15 E made by that Instrument until the firm's terms of business is next updated.

From 1 March 2003

1 March 2003

6

COB 8.1.15 E (2), COB 10.6.8 E (1)

R

The amendments to COB 8.1.15E(2) and COB 10.6.8E(1) and (8) made by the Statutory Status Disclosure Instrument 2003 do not apply to a firm:

(1) in relation to a confirmation of a transaction under COB 8.1 (Confirmation of transactions); and

(2) in relation to the scheme documents referred to in COB 10.6 (Scheme documents for an unregulated collective investment scheme);

until, as appropriate, the firm's system for producing confirmations or the scheme documents are next updated by thefirm.

From 1 March 2003

1 March 2003

7

COB 4.2.5 R

R

ATS terms of business

A service company, or a firm that is undertaking oil market activity or other energy market activity, that operates an ATS as at the day on which COB 4.2.17 E comes into force is not required to provide terms of business to a customer who has commenced using the ATS before that day.

Indefinitely

1 January 20042

8

COB 4.2.5 R and COB 4.2.10 R

R

A firm need not, by reason of COB 4.2.17 E, amend, or give notice of an amendment to, its terms of business to include provision about the additional matters in COB 4.2.17 E in respect of a customer to whom it has provided terms of business before the day on which COB 4.2.17 E comes into force.

Indefinitely

1 January 20042

9

Rules in the Handbook

R

Classification of CISs. If a firm at any time before 1 September 2003 classified a collective investment scheme in accordance with COB 4.1 (Client classification) as in force at that time, it will not contravene any of the rules in the Handbook by treating the scheme in accordance with that classification.

From 1 September 2003

Various 4

10

COB 7.1.14 R

R

UCITS management company COB 7.1.14 R does not take effect in relation to any discretionary management undertaken in accordance with a client agreement entered into before 12 February 2004.

From 13 February 2004 to 12 February 2007

13 February 20043

11

COB 5.4.4 E (6)

R

Expired15

15
15 515

12

COB 3.9.31 R (3)

R

Expired15

15
15 15

13 6

COB 6.2.46 R13

613

R 6

Simplified prospectus requirements for section 264 schemes6

A firm may comply with COB 6.2.22 R (Schemes) instead of COB 6.2.46 R13 (Requirement to offer a simplified prospectus for section 264 schemes), if the EEA State in which the recognised scheme is established has not implemented the obligations of the UCITS Directive in relation to the simplified prospectus, until the earlier of: 6

(1) the date that the relevant obligations of the UCITS Directive have been implemented in that EEA State; and 6

(2) 30 September 2004 or, if later, the date when the relevant provisions of the UCITS Directive have been implemented in the UK. 6

13

From 1 April 2004 until 30 September 2004, or, if later, the date when the relevant provisions of theUCITS Directivehave been implemented in theUK6

1 April 20046

141115

COB 6.11.91115

R11

Annual report to with-profits policyholders11

A firm must produce its first report to with-profits policyholders under COB 6.11.9 in respect of the part of its financial year that follows the date on which PRU 7.4 (With-profits Insurance Capital Component) comes into force.11

From 30 April 200411

30 April 200411

1512

COB 6.6.51 R, COB 6.6.52 R, COB 6.6.84 R

R

As an alternative to complying with the provisions of COB 6.6.51 R, COB 6.6.52 R or COB 6.6.84 R, a firm will satisfy its obligations if it complies with the version of the rule in force on 20 April 2005.

21 April 2005 - 1 August 2005

21 April 2005

1613

COB 6.2.26 R to COB 6.2.45 R

R

Simplified prospectus requirements for simplified prospectus schemes

A firm need not comply with the rules specified in column (2) to the extent that it complies with the provisions of COB 6.2 (Provision of key features or simplified prospectus) that relate to key features schemes and ensures that every key features for the scheme which is offered to a client or provided to a private customer is produced in accordance with the applicable requirements of COB 6.5 (Content of key features and important information: life policies, schemes, ISA cash deposit components and stakeholder pension schemes).

From 1 May 2005

30 September 2005