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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.

You are viewing the version of the document as on 2022-07-29.

FPCOB 10.1 Application and purpose

Application

FPCOB 10.1.1R

1This chapter applies to a funeral plan provider that enters into a funeral plan contract, under which it undertakes to secure that another person provides a funeral for the covered individual on their death.

Purpose

FPCOB 10.1.2G

1The purpose of the requirements in this chapter is to provide certainty at the point of sale of a funeral plan contract that an appropriate funeral services provider will provide the services required under the contract at no additional cost to the customer or the covered individual’s estate.

Arrangements with the funeral services provider

FPCOB 10.1.3R

1A firm must, within 30 days of the customer’s purchase of a funeral plan contract, make appropriate arrangements for the funeral to be carried out. The arrangements must:

  1. (1)

    be legally enforceable;

  2. (2)

    be made with a funeral services provider that is located within a reasonable distance of the covered individual’s address, unless:

    1. (a)

      it is clear from the nature of the funeral plan contract that this was not the intention of both the funeral services provider and the customer; or

    2. (b)

      the customer agrees otherwise;

  3. (3)

    identify the business name and address of the funeral services provider (including, as appropriate, the relevant branch) that will carry out the funeral; and

  4. (4)

    be such as to ensure that neither the customer nor the covered individual’s estate are required to make further payments to the funeral services provider to provide the funeral in accordance with the funeral plan contract.

FPCOB 10.1.4R

1Following compliance with FPCOB 10.1.3R, the firm must within 2 business days provide the customer with a notification of:

  1. (1)

    the name, address and contact details of the relevant funeral services provider; and

  2. (2)

    a summary of the arrangements made with the funeral services provider,

in accordance with FPCOB 6.2 (Means of communication to customers).

FPCOB 10.1.5R

1The firm must provide the notification in FPCOB 10.1.4R to the nominated representative at the same time as it is provided to the customer unless the circumstances in FPCOB 9.3.7R apply.

FPCOB 10.1.6R

1The firm must regularly review the arrangements under FPCOB 10.1.3R to ensure that the funeral services provider will provide the services required under the funeral plan contract.

FPCOB 10.1.7G

1For the purposes of FPCOB 10.1.6R, a review should take place at least every 12 months.

FPCOB 10.1.8R

1If at any time after a firm has complied with FPCOB 10.1.3R, a firm becomes aware that the funeral services provider is unable or likely to be unable to provide the services required under the funeral plan contract, the firm must make alternative arrangements with another funeral services provider, at no additional cost to the customer or covered individual.

FPCOB 10.1.9R

1In accordance with FPCOB 6.2, the firm must notify:

  1. (1)

    the customer; and

  2. (2)

    the nominated representative, unless the FPCOB 9.3.6R circumstances apply,

of any new arrangements made under FPCOB 10.1.8R as soon as practicable and in any event, within 2 business days of making the arrangements.

FPCOB 10.1.10G

1A funeral plan provider should consider its arrangements in respect of subsisting funeral plans and whether those arrangements would meet the purpose of the requirements in this section, what steps it might take to change those arrangements as a result and what notifications to make to the customer and the nominated representative.

FPCOB 10.1.11R
  1. (1)

    1This rule applies to a funeral plan provider which has assumed the undertaking under a funeral plan contract to provide, or secure the provision of, a funeral as a result of a transfer of the contract.

  2. (2)

    2The firm must notify the customer and nominated representative that a transfer of the funeral plan contract has taken place within 30 days of the completion of the transfer.

  3. (3)

    The firm must ensure that arrangements meeting the requirements of FPCOB 10.1.3R are in place within 30 days of the completion of the transfer.

  4. (4)

    If, as a result of the firm’s compliance with this rule, there are any changes to the arrangements under the contract, the firm must notify the customer and the nominated representative in compliance with FPCOB 10.1.4R and FPCOB 10.1.5R.