SYSC 22.1 Application
General application
1This chapter applies to all firms (subject to SYSC 22.1.5R).
Activities covered
This chapter is not limited to regulated activities or other specific types of activities.
Territorial scope and overseas firms
There is no territorial limitation on the application of this chapter, subject to SYSC 22.1.5R and SYSC 22.1.6R.
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.
This chapter does not apply to:2
- (1)
an overseas firm that does not have an establishment in the United Kingdom; 2
- (2)
a UCITS qualifier (see section 266 of the Act (Disapplication of rules));2
- (3)
an AIFM qualifier; or2
- (4)
an incoming EEA firm that is an EEA pure reinsurer.2
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.
- (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)
For the purpose of (1), paragraph (4A)(c) of the definition of employee (someone employed elsewhere in the group) does not apply.