COMP TP 1 Transitional Provisions
COMP TP 1.1 Transitional Provisions Table
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
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Material to which the transitional provision applies |
Transitional Provision |
Transitional provision: dates in force |
Handbook Provisions: 12 coming into force |
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1 |
R |
Indefinitely |
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(1) |
[deleted]21 |
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(2) |
[deleted]21 7 |
7 | |||||
(3) |
A claim in connection with protected investment business includes a claim in respect of a pending application. |
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(4) |
Where the claim is in respect of 21a pending application, the FSCS must apply the rules of the relevant former scheme, as they applied to the default before commencement.21 |
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(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. |
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(6) |
[deleted]21 |
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(7) |
[deleted]21 |
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(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). |
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2 |
R |
Expired5 5 |
5 | 5 | |||
3 |
R |
Expired5 5 |
5 | 5 | |||
4 |
R |
Expired5 5 |
5 | 5 | |||
5 |
R |
[deleted]21 |
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1 | |||||||
6 |
G |
[deleted]21 |
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1 | |||||||
7 |
G |
[deleted]21 1 |
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8 |
Amendments introduced by the Compensation Sourcebook (Amendment No.2) Instrument 2003. |
R |
[deleted]21 |
2 | |||
9 |
R |
Expired5 5555 |
5 | 5 | |||
103 |
R3 |
[deleted] |
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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 |
[deleted] |
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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 |
[deleted] |
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133 |
FEES 6.5.7 R (4), FEES 6.5.10 R, and FEES 6.5.13 R (2)4 4 |
R3 |
[deleted] |
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143 |
FEES 6.5.7 R (5), FEES 6.5.11 R, and FEES 6.5.13 R (2)4 4 |
[deleted] |
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615 |
COMP 5.4.4 R (4)(a) and COMP 5.4.4 R (4)(b) |
R |
[deleted]21 |
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816 |
R |
[deleted]21 |
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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 |
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1118 |
R |
[deleted]21 |
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1019 |
Amendments to COMP 10.2.3 R introduced by the Financial Services Compensation Scheme 11(Limits Amendment) Instrument 2009 |
R |
Provisions and definitions arising out of (2) only apply to defaults on or occurring after 1 January 2010. |
From 1 January 2010 indefinitely |
1 January 2010 |
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1220 |
R |
[deleted]21 |
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1321 |
R |
[deleted] |
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1322 |
R |
[deleted] |
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1323 |
R |
[deleted] |
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1524 |
R |
[deleted]21 |
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1425 |
The21 amendment of all references in COMP (other than in 21the heading in respect of COMP 12.2.4 R) to “overall net claim” to “overall claim” |
R |
The changes referred to in (2) made by the Financial Services Compensation Scheme (Banking Compensation Reform) Instrument 2009 do not apply in relation to a claim against a relevant person that was in default before 31 December 2010. |
From 31 December 2010 indefinitely |
From 31 December 2010 |
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1426 |
R |
[deleted]21 |
16 | ||||
1627 |
COMP 4.2.2 R(9) |
R |
The changes referred to in (2), made by the Compensation Sourcebook (Occupational Pension Scheme Trustees) Instrument 2011 do not apply in relation to a claim against a relevant person that was in default before 1 October 2011. |
From 1 October 2011 indefinitely |
From 1 October 201117 |
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1728 |
R |
[deleted]21 |
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1729 |
R |
[deleted] |
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1730 |
R |
[deleted] |
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1731 |
R |
[deleted] |
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1732 |
R |
[deleted] |
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1833 |
Amendments introduced by Annex A and Part 1 of Annex B of the Compensation Sourcebook (Amendment No 9) Instrument 2012. |
R |
The changes referred to in (2) do not apply in relation to a claim against a relevant person that was in default before 1 October 2012. Notwithstanding the above21 the changes to COMP 12.2.10 R apply irrespective of when the default occurred. |
From 1 October 2012 indefinitely |
From 1 October 2012 |
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1934 |
Amendments introduced by the Compensation Sourcebook (Investments by Large Unincorporated Associations and Certain Large Partnerships) Instrument 2013 |
R |
The changes referred to in (2) do not apply in relation to a claim against a relevant person that was in default before 13 December 2013. |
From 13 December 2013 indefinitely |
From 13 December 2013 |
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2035 |
All the rules and guidance in COMP applicable to protected home finance mediation. |
R |
The compensation scheme does not provide cover for claims in respect of any mortgage mediation activity relating to a second charge regulated mortgage contract if: (1) the relevant person was in default before 21 March 2016; or (2) the basis for the claim arose before 21 March 2016. |
From 21 March 2016 indefinitely |
Not applicable |
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35 |
Amendments introduced by the Compensation Sourcebook (Large unincorporated associations) Instrument 2013 |
R |
[deleted]21 |
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36 |
R |
[deleted]21 |
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2137 |
COMP 10.2.3R(2), (3) and (4) |
R |
The rules referred to in (2) do not apply in relation to a claim against a relevant person, or against a successor, that was in default before 29 April 2016. Instead, COMP 10.2.3R(5) will continue to apply to such claims. |
From 29 April 2016 indefinitely |
29 April 2016 |
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2138 |
R |
The changes referred to in (2) do not apply to a claim against a relevant person, or against a successor, that was in default before 29 April 2016. |
From 29 April 2016 indefinitely |
29 April 2016 |
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2139 |
Amendments introduced by the Compensation Sourcebook (Amendment No 10) Instrument 2016 |
R |
Where a claim is against a successor that is not an authorised person, provisions and definitions arising out of (2) only apply if the default occurs on or after 29 April 2016 and the transfer, under which the successor assumed responsibility for liabilities arising from acts or omissions of the relevant person, occurred on or after 1 April 2013. |
From 29 April 2016 indefinitely |
29 April 2016 |
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2339A |
Amendments introduced by the Financial Services Compensation Scheme (Extension of Scope to Recognised Investment Exchanges) Instrument 2017 |
R |
The changes referred to in (2) do not apply in relation to a claim against a recognised investment exchange, or against a successor, arising from acts or omissions before 3 January 2018. |
From 3 January 2018 indefinitely |
3 January 2018 |
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2240 |
Amendments introduced by the Financial Services Compensation Scheme (Funding and Scope) Instrument 2017 |
R |
The changes referred to in column (2) do not apply in relation to a claim against a relevant person, or against a successor, that was in default before 1 April 2018. |
From 1 April 2018 indefinitely |
1 April 2018 |