SUP 8.2 Introduction

Under section 138A12of the Act (Modification or waiver of rules), the appropriate regulator12 may, on the application or with the consent of a firm, direct that its 9rules:

1. (1)

   are not to apply to the firm; or

2. (2)

   are to apply to the firm with such modifications as may be specified.

12SUP 8.2.1 G does not apply to:

1. (1)

   rules made by either regulator under section 137O of the Act;

2. (2)

   rules made by the FCA under sections 247 or 248 of the Act.

The directions referred to in SUP 8.2.1 G (1) and SUP 8.2.1 G (2) are collectively referred to in the Handbook as waivers.

Section 250 of the Act and regulation 7 of the OEIC Regulations allow the FCA12 to waive the application of certain rules in COLL to:

1. (1)

   a person, as respects a particular AUT or ICVC, on the application or with the consent of that person; and

2. (2)

   an AUT or ICVC on the application or with the consent of the manager and trustee (in the case of an AUT) or the ICVC and its depositary (in the case of an ICVC).2

Those persons to whom section 250and regulation 7 of the OEIC Regulations are relevant, but who are not firms, should follow SUP 8 as if they were firms.

Section 250 of the Act and regulation 7 of the OEIC Regulations work by giving effect to section 138A12of the Act in respect of waivers given under section 250(2) and (3) and regulation 7(1) and (2) of the OEIC Regulations.