Transitional Provisions and Schedules
BCOBS TP 1
Transitional Provision
(1) | (2) | (3) | (4) | (5) | (6) |
Materials to which the transitional provision applies | Transitional provision | Transitional provisions: dates in force | Handbook provisions: coming into force | ||
1 | BCOBS | R | Expired | ||
2 | BCOBS 4.1.1 R | R | Expired | ||
3 | BCOBS 4.1.1 R | G | Expired | ||
4 | BCOBS 4.1.1 R | R | Expired | ||
5 | BCOBS 5.1.13 R | R | Expired | ||
6 | BCOBS 4.1.1 R | R | Expired | ||
7 | BCOBS 4.2.2 G | R | Expired |
- 01/07/2012
BCOBS Sch 1
Record-keeping requirements
- 01/11/2009
Notes: | |
1 | The aim of the guidance in the following table is to give the reader a quick overall view of the relevant record-keeping requirements. |
2 | It is not a complete statement of those requirements and should not be relied on as if it were. |
Handbook reference | Subject of record | When record must be made | Contents of record | Retention period |
BCOBS 6.2.3 R | Cancellation: exercise of right | Exercise of the right to cancel | Date of exercise | At least three years |
- 01/11/2009
BCOBS Sch 2
Notification requirements
- 01/11/2009
There
are no requirements for notification in BCOBS.
- 01/11/2009
BCOBS Sch 3
Fees and other required payments
- 01/11/2009
There
are no requirements for fees or other payments in BCOBS.
- 01/11/2009
BCOBS Sch 4
Powers exercised
- 01/11/2009
BCOBS Sch 4.1
See Notes
- 01/11/2009
BCOBS Sch 4.2
See Notes
- 01/11/2009
BCOBS Sch 5
Rights of action for damages
- 01/11/2009
5.1 | The table below sets out the rules in BCOBS contravention of which by an authorised person may be actionable under section 150 of the Act (Actions for damages) by a person who suffers loss as a result of the contravention. |
5.2 | If a "Yes" appears in the column headed "For private person?", the rule may be actionable by a private person under section 150 (or, in certain circumstances, his fiduciary or representative; see article 6(2) and (3)(c) of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 (SI 2001/2256)). A "Yes" in the column headed "Removed" indicates that the FSA has removed the right of action under section 150(2) of the Act. If so, a reference to the rule in which it is removed is also given. |
5.3 | The column headed "For other person?" indicates whether the rule may be actionable by a person other than a private person (or his fiduciary or representative) under article 6(2) and (3) of those Regulations. If so, an indication of the type of person by whom the rule may be actionable is given. |
Rule | Right of action under section 150 | |||
For private person? | Removed? | For other person? | ||
Any rule in BCOBS which prohibits an authorised person from seeking to make provision excluding or restricting any duty or liability | Yes | No | Yes | Any other person |
All other rules in BCOBS | Yes | No | No |
- 01/11/2009
BCOBS Sch 6
Rules that can be waived
- 01/11/2009
6.1 | As a result of regulation 10 of the Regulatory Reform (Financial Services and Markets Act 2000) Order 2007 (SI 2007/1973) the FSA has power to waive all its rules. However, if the rules incorporate requirements laid down in European directives, it will not be possible for the FSA to grant a waiver that would be incompatible with the United Kingdom's responsibilities under those directives. |
- 01/11/2009