Status: You are viewing the version of the handbook as on 2009-03-31.

COMP TP 1 Transitional Provisions

COMP TP 1.1 Transitional Provisions Table

(1)

(2)

(3)

(4)

(5)

(6)

Material to which the transitional provision applies

Transitional Provision

Transitional provision: dates in force

Handbook Provisions coming into force

1

COMP 5

R

Protected claims

Indefinitely

Commencement

(1)

A claim for a protected deposit or under a protected contract of insurance includes a claim in respect of an article 9 default, subject to (2)

(2)

A claim must be treated as a claim in relation to a protected contract of insurance under COMP 5.4.5 R if the conditions in article 9A or 710(1)(a)-(d) of the compensation transitionals order are satisfied.

Commencement but on 6 December 2006 for article 9A of the compensation transitionals order7

(3)

A claim in connection with protected investment business includes a claim in respect of a pending application.

(4)

Where the claim is in respect of an article 9 default or a pending application, the FSCS must apply the rules of the relevant former scheme, as they applied to the default before commencement, unless (2) applies.

(5)

The rules of each investment business compensation scheme are amended so that references to the person managing the scheme are replaced by references to the FSCS.

(6)

The rules of the Friendly Societies Protection Scheme are amended so that:

(a)

references to the person managing the scheme are replaced by references to the FSCS; and

(b)

References to functions conferred upon the Friendly Societies Protection Scheme Board are replaced by references to functions conferred upon the FSCS.

(7)

Where the default occurs after commencement, a claim for a protected deposit includes a claim that arose before commencement in respect of:

(a)

a deposit within the meaning of the Banking Act 1987; and

(b)

a claim in respect of a protected investment within the meaning of section 27 of the Building Societies Act 1986.

(8)

Where the default occurs after commencement, a claim in connection with protected investment business includes a claim that could have been entertained under an investment business compensation scheme (provided that the person making the claim has not also made a pending application arising out of the same set of facts).

2

COMP 13.5 andCOMP 13.6

R

Expired5

5
5 5

3

COMP 13.4.6 R andCOMP 13.6.7 R

R

Expired5

5
5 5

4

COMP 13.5.8 R

R

Expired5

5
5 5

5

COMP 6.2.1 R

R

Credit unions

Indefinitely

Commencement

In relation to a claim or potential claim referred to in (1) or (2), a relevant person is also any credit union which:

(1)

becomes unable, or is likely to become unable, to satisfy claims against it which relate to deposits which were accepted before 2 July 2002; or

(2)

(a)

has ceased to have Part IV permission by virtue of article 3(4) of the Financial Services and Markets Act 2000 (Permission and Applications) (Credit Unions etc.) Order 2002 (SI 2002/704) (failure to comply with a direction to re-apply for Part IV permission); and

(b)

thereafter, becomes unable, or is likely to become unable, to satisfy claims against it which relate to deposits which were accepted on or after 2 July 2002 but before the date on which it ceased to have Part IV permission.1

6

COMP 6.2.1 R

G

In consequence of transitional provision 5R, compensation can be provided:

(a)

in respect of a credit union which is unable, or likely to become unable, to satisfy claims for protected deposits accepted before 2 July 2002; and

(b)

where a credit union has ceased to hold a Part IV permission (because of failure to comply with a direction to re-apply for the Part IV permission), for protected deposits accepted on or after 2 July 2002 but before the date at which it ceased to have the Part IV permission.1

7

COMP 6.2.1 R

G

In consequence of transitional provision 5R(1), a credit union becomes a relevant person in respect of deposits accepted before 2 July 2002.1

8

Amendments introduced by the Compensation Sourcebook (Amendment No.2) Instrument 2003.

R

Provisions and definitions arising out of (2) only apply to defaults, or circumstances giving rise to arrangements made under COMP 3.3.1 R or to measures taken under COMP or to measures taken under COMP 3.3.3 R, occurring after the date in (6)

Indefinitely

1 December 20032

9

COMP 13.6.8 R

R

Expired5

5555
5 5

103

COMP 5.7.1 R, COMP 13.4.7 R and COMP 13.6.9 R3

R3

Rules not in effect.3

31 October 2004 to 13 January 20053

31 October 20043

113

FEES 6.3.1 R, FEES 6.3.22 R, FEES 6.4.8 R, FEES 6.4.6 R, FEES 6.5.1 R and FEES 6.5.6 R4

4

R3

With regard to contribution group A.18 Mortgage lenders, advisers and arrangers, the management expenses levy and compensation costs levy for 2005/2006 may also take account of expenditure in the period 31 October 2004 to 31 March 2005.3

31 October 2004 to 31 March 20063

31 October 20043

123

FEES 6.5.7 R (4), FEES 6.3.22 R, FEES 6.4.6 R, FEES 6.4.8 R, FEES 6.5.1 R, and FEES 6.5.6 R4

4

R3

With regard to contribution group A.19 General insurance mediation, the management expenses levy and compensation costs levy for 2005/2006 may also take account of expenditure in the period 14 January 2005 to 31 March 2005.3

14 January 2005 to 31 March 20063

31 October 20043

133

FEES 6.5.7 R (4), FEES 6.5.10 R, and FEES 6.5.13 R (2)4

4

R3

For the period 31 October 2004 to 31 March 2006 the tariff base will be the annual income (relating to the relevant contribution group) reported in accordance with note 3 to AUTH 4 Annex 2 R or, if the firm prefers, that amount of its annual income which is attributable to business conducted with eligible claimants but only if the firm notifies FSCS of the amount by 28 February 2005.3

31 October 2004 to 31 March 20063

31 October 20043

143

FEES 6.5.7 R (5), FEES 6.5.11 R, and FEES 6.5.13 R (2)4

4

For the period 14 January 2005 to 31 March 2006 the tariff base will be the annual income (relating to the relevant contribution group) reported in accordance with note 3 to AUTH 4 Annex 2 R or, if the firm prefers, that amount of its annual income which is attributable to business conducted with eligible claimants but only if the firm notifies FSCS of the amount by 28 February 2005.3

14 January 2005 to 31 March 20063

31 October 20043

615

COMP 5.4.4 R (4)(a) and COMP 5.4.4 R (4)(b)

R

The changes to COMP 5.4.4 R (4) made in the Compensation Sourcebook (Amendment No 7) Instrument 2006 do not apply in relation to defaults declared before 6 June 2006.

Indefinitely

6 June 2006

816

COMP 10.2.3 R

R

The change to the limit for protected deposits made by the Compensation Sourcebook (Protected Deposits Limit) Instrument 2007 does not apply in relation to a claim against a relevant person that was in default before 1 October 2007.

From 1 October 2007 indefinitely

Amended with effect from 1 October 2007

917

Amendments introduced by the Compensation Sourcebook (Amendment No 8) Instrument 2008

R

Provisions and definitions arising out of (2) only apply to defaults on or occurring after 7 October 2008

From 7 October 2008 indefinitely

7 October 2008