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Application provision

1.1 Unless otherwise stated, this Part applies to:

  1. (1) a firm that, on the effective date, has a Part 4A permission for effecting contracts of insurance or carrying out contracts of insurance and which will with effect from 1 January 2016 be:
    1. (a) a UK Solvency II firm;
    2. (b) a third country branch undertaking (other than a Swiss general insurer); or
    3. (c) a UK ISPV;
  2. (2) the Society, as modified by 9; and
  3. (3) managing agents, as modified by 9.

1.1

19/08/2015

Unless otherwise stated, this Part applies to:

  1. (1) a firm that, on the effective date, has a Part 4A permission for effecting contracts of insurance or carrying out contracts of insurance and which will with effect from 1 January 2016 be:
    1. (a) a UK Solvency II firm;
    2. (b) a third country branch undertaking (other than a Swiss general insurer); or
    3. (c) a UK ISPV;
  2. (2) the Society, as modified by 9; and
  3. (3) managing agents, as modified by 9.

1.2

01/10/2015

In this Part, the following definitions shall apply:

candidate

means a person in respect of whom a firm has made a pending application.

commencement date

means 7 March 2016.

continued approval

means approval to perform a senior insurance management function under section 59 of FSMA, granted pursuant to a grandfathering notification.

effective date

means 19 August 2015.

equivalent function

means a senior insurance management function or an FCA function that, in either case, is specified in 6 as equivalent, for the purposes of articles 2(3)(b) and 11(c) of the Transitional Order, to a pre-implementation controlled function.

FCA activities

means a function which would, except for any of the following provisions in SUP TP 7.2.3R of the FCA Handbook, be an FCA governing function:

    1. (1) Part 1 (Solvency II firms other than insurance special purpose vehicles and third-country insurance and reinsurance undertakings) Notes 1 and 2;
    2. (2) Part 2 (Insurance special purpose vehicles) Notes 1 and 2; and
    3. (3) Part 3 (Third-country insurance and reinsurance undertakings) Note 1.

FCA controlled function

means a controlled function specified by the FCA under section 59 of FSMA.

FCA function

means any of the functions specified in column 3 (FCA controlled functions) of the table set out in 6.

grandfathering notification

means a notice required to be sent to the PRA under article 2(1) or 11(b) of the Transitional Order, including any update to such a notice.

pending application

means an application for approval under section 60 of FSMA which:

    1. (1) has been received by the FCA or PRA from the firm on or before the commencement date, and
    2. (2) has not been determined or withdrawn.

pre-implementation controlled function

means any of the controlled functions listed in column 1 of the table in 6.

senior insurance management function

means a function specified as a controlled function in Insurance - Senior Insurance Management Functions 2 in relation to the carrying on of a regulated activity by a firm.

Transitional Order

means the Financial Services (Banking Reform) Act 2013 (Transitional and Savings Provisions) Order 2015 (SI 2015/492).