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CP13/6 - CRD IV for Investment Firms - Financial Conduct Authority

CP13/6 - CRD IV for Investment Firms - Financial Conduct Authority

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FCA 2013/xx<br />

given or requirement imposed in relation to a rule listed in column A of the<br />

table in IFPRU 1.5R has effect.<br />

Duration of transitional<br />

1.3 R This section applies to each waiver or requirement in IFPRU 1.2R, until the<br />

direction given in respect of that waiver or requirement ceases to have effect<br />

on its terms, or is revoked, whichever is the earlier.<br />

Transitional<br />

1.4 R Subject to IFPRU TP 1.7R and TP 1.8R, each waiver given or a requirement<br />

imposed in relation to a FCA rule listed in column A of the tables in IFPRU<br />

TP 1.10R (Internal model waivers) and TP 1.11R (Other waivers) is to be<br />

treated as a permission given by the FCA to the firm under the EU CRR<br />

article listed in the same row in column B of those tables.<br />

1.5 R Each permission given in accordance with IFPRU TP 1.4R shall continue in<br />

<strong>for</strong>ce and effect until the expiry date specified in the direction of the relevant<br />

waiver or in the written notice of the requirement issued under section 55L<br />

of the Act.<br />

1.6 Where a waiver listed in IFPRU TP 1.10R (Internal model waivers) and TP<br />

1.11R (Other waivers) specifies that it applies to a firm on a consolidated<br />

basis in accordance with a relevant provision in BIPRU 8 (Group risk<br />

consolidation), the permission shall apply to the firm on the basis of its<br />

consolidated situation in accordance with article 11 of the EU CRR<br />

(Application of requirements on a consolidated basis: general treatment).<br />

1.7 R A waiver listed in IFPRU TP 1.10R (Internal model waivers) only has effect<br />

in accordance with this TP where the firm has confirmed to the FCA that it<br />

materially complies with the requirements relevant to the rules listed in<br />

Column A of the table, as waived or modified by the waiver, and any<br />

conditions relevant to the application of the waiver.<br />

1.8 R A waiver listed in IFPRU TP 1.11R (Other waivers) does not have effect in<br />

accordance with this TP if the firm ceased to comply with the rules listed in<br />

Column A of the table, as modified or waived by the waiver, or any<br />

conditions relevant to the application of the waiver.<br />

Meaning of permission<br />

1.9 R For the purpose of IFPRU TP 1, “permission” means a direction given by the<br />

FCA under any EU CRR article listed in column B of the tables in IFPRU<br />

1.9R (Internal waivers) and IFPRU TP 1.10R (Other waivers) in the exercise<br />

of the discretion af<strong>for</strong>ded to it as a competent authority.<br />

Tables<br />

1.10 R Table on internal model waivers<br />

Page 153 of 197

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