This rule only applies to records in relation to the following questions in Part One of SYSC 22 Annex 1R (Template for regulatory references given by relevant authorised persons and disclosure requirements):
question (E) (fit and proper); and
question (F) (disciplinary action).
A firm does not breach the requirements of this chapter by failing to include information in a reference that it would otherwise have to include if:
it is still required to give the reference;
it should give the reference based on the records it does have; and
it will not breach the requirements of this chapter by failing to include information in a reference if the reason for this is that it does not have the necessary records, as long as it is not required to have those records by some other requirement in the Handbook outside this chapter or some other requirement of or under the regulatory system.
SYSC 22.9.1R applies to keeping records created before the date this chapter came into force as well as ones created afterwards.
A full scope regulatory reference firm does not breach the requirements of this chapter by failing to include something in a reference because it destroyed the relevant records before the date this chapter came into force in accordance with the record keeping requirements applicable to it at the time of destruction.