6

Fitness and Propriety Transitional Provisions

6.1

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

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

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

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

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

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.