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Application provision

1.1 Unless otherwise stated, this Part applies to:

  1. (1) a UK Solvency II firm;
  2. (2) in accordance with Insurance General Application 3, the Society, as modified by 5;
  3. (3) in accordance with Insurance General Application 3, managing agents, as modified by 5;
  4. (4) a third country branch undertaking (other than a Swiss general insurer); and
  5. (5) a UK ISPV.

6.1

07/03/2016

The requirements of 2.4 - 2.6 do not apply to a firm in respect of any person who has continued approval in relation to that firm.

6.2

07/03/2017

The requirements of 2.42.6 do not apply to a firm in respect of a key function holder in relation to any key function held by that person as at 7 March 2016 at that firm.

6.3

07/03/2017

The requirement to request regulatory references from a full scope regulatory reference firm in accordance with the requirements of 2.6(2) does not apply to a firm in respect of an application for approval as an approved person made before 7 March 2017.

6.4

07/03/2017

Item (F) in the regulatory reference template does not require disclosure of disciplinary action that took place before 7 March 2017 if the firm’s records do not show whether the conduct that was subject to disciplinary action amounted to a breach of the individual conduct requirements referred to in item (F) in the regulatory reference template.

6.5

10/12/2019

The requirement to obtain regulatory references in accordance with 2.5 does not apply to a firm in respect of any person to the extent that: 

  1. (1) the firm is deciding whether the person is fit and proper for the purpose of issuing a certificate to perform a certification function; and
  2. (2) immediately prior to 10 December 2019 the person performed the same certification function for the firm.

6.6

10/12/2019

Item (F) in the regulatory reference template does not require disclosure of disciplinary action that took place in respect of a certification employee (other than a key function holder) prior to 10 December 2019 if the firm’s records do not show whether the conduct that was subject to disciplinary action amounted to a breach of the individual conduct requirements referred to in item (F) in the regulatory reference template.