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Status: You are viewing the version of the handbook as on 2012-12-13.

COBS TP 2 Other Transitional Provisions

1(1)

(2)

(3)

(4)

(5)

(6)

Material to which the transitional provision applies

Transitional provision2

Transitional provision:2 dates in force

Handbook provisions:2 coming into force

42.-1

COBS 4

R

Expired15

15151515
15 15

2.1

COBS 6.1

G

(1) If a firm provides services of an ongoing nature to an existing client it need not provide information to that client that it would be required to provide under COBS to a new client but which it was not required to provide under COB.

(2) Services of an ongoing nature include safekeeping and administration investments and managing investments,

From 1 November 2007 indefinitely

1 November 2007

2.2

COBS 6.1

G

(1) If a firm provides a service for an existing client that is not of an ongoing nature and which relates to the same particular type of designated investment as a previous service, the firm need not provide information to that client that it would be required to provide under COBS 6.1 to a new client but which it was not required to provide under COB.

(2) But a firm should ensure that the client has received all relevant information in relation to a subsequent transaction, such as details of product charges that differ from those described in respect of a previous transaction.

From 1 November 2007 indefinitely

1 November 2007

[deleted]6

6
6 6 6 6 6

[deleted]6

6 6 6 6 6

62.2B

COBS 6.3

15

R

Expired15

15
15 15

62.2C

COBS 6.3

15

G

Expired15

15
15 15

2.3

COBS 10.1.2 R

R

Expired15

15
15 15

2.4

COBS 10.1.2 R

G

Expired15

15
15 15

42.4A

COBS 11.2

R

Expired15

515
1551515 15

42.4B

COBS 11.2

G5

Expired15

515
1551515 15

52.4C

COBS 11.2

R

Expired15

15
15 15

52.4D

COBS 11.2

R

Expired15

15
15 15

42.4E5

5

COBS 12.2 and COBS 12.3

R

Expired15

151515
15 15

42.4F5

5

COBS 12.2 and COBS 12.3

G

Expired15

15515155151515155151551515
15 15

42.4G5

5

COBS 12.2 and COBS 12.3

R

Expired15

155151551515151515
15 15

2.5

COBS 13

R

Expired15

1515
15

12

15

122.5A

COBS 13.4.2 R

R

A firm may rely on COBS 13.4.2R (5) (as introduced by the Retail Distribution Review (Key Features Illustrations) Instrument 2011) as if it was in force from 1 October 2012.

1 October 2012 until 31 December 2012

31 December 2012

2.6

COBS 14.1 and COBS 14.2

R

Expired15

1515
15 15

102.6A

COBS 14.2 and COBS 14.3

Expired15

15
15 15

Expired15

2.7

COBS 15

R

Expired15

15
15 15

2.8

COBS 16.3 (Periodic statements)

G

This transitional rule applies in relation to a periodic reporting period for a periodic statement that includes 1 November 2007.

A firm may choose to comply with either COBS 16.3 or COB 8.2 in providing any periodic statement2 in relation to which this rule applies.

From 1 November 2007 indefinitely

1 November 2007

42.8A

COBS 18

R

Expired15

515
15 15

42.8B

COBS 18

G

Expired15

515
15 15

42.8C

COBS 18

R

Expired15

515
15 15

42.8D

COBS 18

G

[deleted]7

57
7 7

42.8E

COBS 18

R

Expired15

15
15 15

2.9

COBS 20.2.1 G to COBS 20.2.23 R; COBS 20.2.26 R8 to COBS 20.2.41 G

814

R

The provisions listed in column (2) do not apply to a firm if, and to the extent that, they are inconsistent with an arrangement that was formally approved by the FSA, a previous regulator or a court of competent jurisdiction, on or before 20 January 2005.

From 1 November 2007 indefinitely

1 November 2007

82.9A

COBS 20.2.24 R to COBS 20.2.25A R (Charging payments of compensation and redress to a with-profits fund)

R

The provisions listed in column (2) do not apply to a firm if, and to the extent that, they are inconsistent with an arrangement that was formally approved by the FSA, a previous regulator or a court of competent jurisdiction, on or before 31 July 2009.

From 31 July 2009 indefinitely

31 July 2009

2.10

COBS 20.2.42R (3) (Policyholder advocate: appointment and role)

R

The provision listed in column (2) does not apply to a firm if it is already carrying out a reattribution and the process is substantially underway to the extent that it has on or before 31 October 2007 appointed a policyholder advocate.

From 1 November 2007 – until completion of the firm's reattribution

1 November 2007

2.11

COBS TP 2.9

G

The rules and guidance on treating with-profits policyholders fairly (COBS 20.2.1 GCOBS 20.2.41 G;) may be contrary to, or inconsistent with, some arrangements that were formally approved by the FSA, a previous regulator or a court of competent jurisdiction, on or before 20 January 2005. The effect of TP 2.9 is that these rules do not apply to such arrangements if, and to the extent that, it is inconsistent with them.

A firm should be mindful, however, that, even if some or all of these rules are disapplied, the firm is still subject to the rules in the rest of the Handbook, including Principle 6.

14

From 1 November 2007 indefinitely

1 November 2007

42.12

COBS

R

[deleted]7

57
7 7

42.13

COBS

R

[deleted]7

57
7 7

82.14

COBS 20.2.24 R to COBS 20.2.25A R

R

(1) COBS 20.2.24 R to COBS 20.2.25A R have effect in relation to payments of compensation and redress arising out of events occurring on or after 31 July 2009.

(2) For payments of compensation and redress arising out of events occurring before 31 July 2009, COBS 20.2.23 R to COBS 20.2.25 R apply as they were in force on 30 July 2009.

From 31 July 2009 indefinitely

31 July 200913

132.15

The changes to COBS set out in Annex H of the Electronic Money and Payment Services Instrument 2011

R

In relation to a person deemed to have been granted authorisation by virtue of regulation 74 of the Electronic Money Regulations, the changes effected by the Annex listed in column (2) do not apply and COBS 5 and COBS 15.3.1 R, COBS 15.3.4 R and COBS 15.4, as they were in force as at 29 April 2011, will apply from 30 April 2011 for as long as that person is deemed to be authorised by virtue of regulation 74 of the Electronic Money Regulations.

30 April 2011

30 April 2011

92.16

COBS 9.4.10 G; COBS 13 Annex 2; COBS 13 Annex 3; COBS 14.2.1 R

R

Expired15

15
15 15

92.17

COBS 9.4.10 G; COBS 13 Annex 2; COBS 13 Annex 3; COBS 14.2.1 R

G

Expired15

15
15 15

142.18

COBS 20.2.53 R to COBS 20.2.60 G, SUP App 2.15G

R

(1) Unless (2) applies, and subject to (3), a firm that has ceased to effect new contracts of insurance in a with-profits fund must submit to the FSA a run-off plan of the type described in COBS 20.2.53R (2); COBS 20.2.56 R, and COBS 20.2.57 G, if it has not done so already, by 31 December 2012, regardless of when it closed to new business.

(2) Paragraph (1) does not apply to a firm if, and to the extent that, to comply would be contrary to or inconsistent with an arrangement that was formally approved by a court of competent jurisdiction, on or before 1 April 2012.

(3) A firm required by (1) above to produce a run-off plan:

(a) should consider the guidance in SUP App 2.15.6 G, 2.15.7G (11), 2.15.13 G, 2.15.14 G and 2.15.15 G to continue to apply to it, as appropriate;

(b) may demonstrate compliance with the guidance in SUP App 2.15.2 G, 2.15.3 G, 2.15.4 G and 2.15.5 G by reference to existing documents created by or for the firm, provided that it submits copies of relevant extracts to the FSA;

(c) may disregard the remaining provisions in SUP App 2.15G if to do so would be consistent with meeting the requirements of COBS 20.2.56R (1); and

(d) may otherwise tailor the run-off plan to reflect the fact that the fund in question has already been closed.

From 1 April 2012 indefinitely

1 November 2007 and 1 April 2012

142.19

COBS 20.2.53 R to COBS 20.2.60 G

G

The effect of COBS TP 2.18 is that firms which were not required to submit a run-off plan to the FSA because they ceased to effect new contracts of insurance before 1 November 2007 or because of previous transitional provisions in COBS, will need to submit a version of a run-off plan to the FSA, taking into account the fact that the fund has already closed, by 31 December 2012. However, this will not apply to the extent that it would be inconsistent with a formally approved court scheme.

From 1 April 2012 indefinitely

1 November 2007 and 1 April 2012

142.20

COBS 20.2.28 R

R

Expired15

15

142.21

COBS 20.2.36 R to COBS 20.2.36A R

R

Firms which retain strategic investments in reliance on decisions made by the firm's governing body appropriately taking into account COBS 20.2.36 G prior to 1 April 2012 are deemed to be compliant with COBS 20.2.36 R and COBS 20.2.36A R until 1 October 2012.

From 1 April 2012 to 1 October 2012

1 April 2012

142.22

COBS 20.5.1 R to COBS 20.5.5 R

R

Expired15

15
15 15