F1PART VUNAUTHORISED PERSONS CARRYING ON INSURANCE F11DISTRIBUTION ACTIVITIES
Word in Pt. V heading substituted (1.10.2018) by The Insurance Distribution (Regulated Activities and Miscellaneous Amendments) Order 2018 (S.I. 2018/546), arts. 1(2), 7(2)
Interpretation92
In this Part—
“designated professional body” means a body which is for the time being designated by the Treasury under section 326 of the Act (designation of professional bodies);
“insurance F12distribution activity” means any regulated activity of the kind specified by article 21, 25(1) or (2), 39A or 53, or, so far as relevant to any of those articles, article 64, which is carried on in relation to a contract of insurance;
“the record” means the record maintained by F2the FCA under section 347 of the Act (public record of authorised persons etc.);
“recorded insurance intermediary” has the meaning given by article 93(4);
“a relevant member”, in relation to a designated professional body, means a member (within the meaning of section 325(2) of the Act) of the profession in relation to which that designated professional body is established, or a person who is controlled or managed by one or more such members.
Duty to maintain a record of unauthorised persons carrying on insurance F13distribution activities93
1
Subject to articles 95 and 96, F3the FCA must include in the record every person who—
a
b
as a result of information obtained by virtue of article 94, appears to F3the FCA to fall within paragraph (3).
2
A person falls within this paragraph if he is, or has entered into a contract by virtue of which he will be, an appointed representative who carries on any insurance F13distribution activity.
3
A person falls within this paragraph if—
a
he is a relevant member of a designated professional body who carries on, or is proposing to carry on, any insurance F13distribution activity; and
b
the general prohibition does not (or will not) apply to the carrying on of those activities by virtue of section 327 of the Act (exemption from the general prohibition).
F143A
An application for inclusion in the record made by a person who falls within paragraph (2) or (3) must be determined by the FCA before the end of the period of 3 months beginning with the date on which it received the completed application.
3B
A notification by a designated professional body in accordance with article 94 is to be treated as an application for inclusion in the record for the purposes of paragraph (3A).
4
In this Part, “recorded insurance intermediary” means a person who is included in the record by virtue of paragraph (1).
5
The record must include—
a
in the case of any recorded insurance intermediary, its address; and
b
in the case of a recorded insurance intermediary which is not an individual, the name of the individuals who are responsible for the management of the business carried on by the intermediary, so far as it relates to insurance F13distribution activities.
Members of designated professional bodies94
1
A designated professional body must, by notice in writing, inform F5the FCA of—
a
the name,
b
the address, and
c
in the case of a relevant member which is not an individual, the name of the individuals who are responsible for the management of the business carried on by the member, so far as it relates to insurance F15distribution activities,
of any relevant member who falls within paragraph (2).
2
A relevant member of a designated professional body falls within this paragraph if, in accordance with the rules of that body, he carries on, or proposes to carry on any insurance F15distribution activity but does not have, and does not propose to apply for, Part IV permission on the basis that the general prohibition does not (or will not) apply to the carrying on of that activity by virtue of section 327 of the Act.
3
A designated professional body must also, by notice in writing, inform F6the FCA of any change in relation to the matters specified in sub-paragraphs (a) to (c) of paragraph (1).
4
5
F6The FCA may give directions to a designated professional body as to the manner in which the information referred to in paragraphs (1), (3) and (4) must be provided.
Exclusion from record where not fit and proper to carry on insurance F16distribution activities95
1
If it appears to F7the FCA that a person who falls within article 93(2) (appointed representatives) (“AR”) is not a fit and proper person to carry on insurance F17distribution activities, it may decide not to include him in the record or, if that person is already included in the record, to remove him from the record.
F181A
In making a determination as to whether a person is a fit and proper person for the purposes of paragraph (1), the FCA must consider whether the relevant registration conditions under Article 3 of the insurance distribution directive are met.
2
Where F7the FCA proposes to make a determination under paragraph (1), it must give AR a warning notice.
3
If F7the FCA makes a determination under paragraph (1), it must give AR a decision notice.
4
If F7the FCA gives AR a decision notice under paragraph (3), AR may refer the matter to the Tribunal.
5
F7The FCA may, on the application of AR, revoke a determination under paragraph (1).
6
If F7the FCA decides to grant the application, it must give AR written notice of its decision.
7
If F7the FCA proposes to refuse the application, it must give AR a warning notice.
8
If F7the FCA decides to refuse the application, it must give AR a decision notice.
9
If F7the FCA gives AR a decision notice under paragraph (8), AR may refer the matter to the Tribunal.
10
Sections 393 and 394 of the Act (third party rights and access to F8FCA or PRA material) apply to a warning notice given in accordance with paragraph (2) or (7) and to a decision notice given in accordance with paragraph (3) or (8).
Pt. 5 inserted (31.10.2004 for specified purposes, 14.1.2005 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2003 (S.I. 2003/1476), arts. 1(3), 13