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To access the FCA Handbook Archive choose a date between 1 January 2001 and 31 December 2004.

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SYSC 22.1 Application

General application

SYSC 22.1.1R

1This chapter applies to all firms (subject to SYSC 22.1.5R).

Activities covered

SYSC 22.1.2GRP

This chapter is not limited to regulated activities or other specific types of activities.

Territorial scope and overseas firms

SYSC 22.1.3R

There is no territorial limitation on the application of this chapter, subject to SYSC 22.1.5R and SYSC 22.1.6R.

SYSC 22.1.4GRP

One effect of SYSC 22.1.3R is that the obligation to provide a reference can apply even if the employee worked in an overseas office of the employer.

SYSC 22.1.5RRP

This chapter does not apply to:2

  1. (1)

    an overseas firm that does not have an establishment in the United Kingdom; 2

  2. (2)

    a UCITS qualifier (see section 266 of the Act (Disapplication of rules));2

  3. (3)

    an AIFM qualifier; or2

  4. (4)

    an incoming EEA firm that is an EEA pure reinsurer.2

SYSC 22.1.6RRP

For an incoming firm or any other overseas firm, SYSC 22.2.2R (Obligation to give references) only applies if the current or former employee in question (defined as “P” in SYSC 22.2.2R) is or was an employee of its branch in the United Kingdom and only relates to their activities as such.

SYSC 22.1.7RRP
  1. (1)

    In order to decide whether someone is an employee of a branch, the Glossary definition of employee is applied to the branch as if the branch and the firm of which it forms part were separate firms.

  2. (2)

    For the purpose of (1), paragraph (4A)(c) of the definition of employee (someone employed elsewhere in the group) does not apply.