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NEWS
The Cabinet Office (CO) has published the agenda of the Specialised Committee on the implementation of the Windsor Framework meeting that took place on 18 July 2024, and a joint statement given by the UK government and European Commission following the meeting. This meeting was co-chaired by officials from the European Commission and the UK government. Points of discussion included the outstanding implementation issues of the Windsor Framework, the joint consultative working group, engagement with Northern Ireland Stakeholders as well as a review of developments in the areas of agri-food, customs, medicines and trade.
NEWS
The Cabinet Office (CO) has published two letters between itself and the Home Office regarding the future implementation of the Safety of Rwanda (Asylum and Immigration) Bill, if it gains Royal Assent. The first letter is from the Director General, Propriety and Constitution Group in the Cabinet Office, Darren Tierney, to the Permanent Secretary at the Home Office, Sir Matthew Rycroft KCMG CBE. In this letter, Tierney provides draft guidance to the Civil Service highlighting that the decision to comply with a Rule 39 indication is one for Ministers to take, and that civil servants, operating under the Civil Service Code, are required to implement any such decision made by Ministers. Tierney has said that final guidance will be provided when the Bill becomes law. The second letter is from Rycroft to Cabinet Secretary and Head of the Civil Service, Simon Case CVO. In this letter, Rycroft has said that guidance will be issued to those involved in removals to Rwanda and revised guidance given to caseworkers. Rycroft has said that the amendment will require caseworkers to immediately refer a case, where a Rule 39 measure is indicated, to Ministers to decide on how to proceed. As with the first letter, Rycroft has said that the guidance may change as the Bill goes through Parliament.
PRACTICE NOTES
Background to investment research rules This Practice Note explains the Financial Conduct Authority's (FCA) rules on investment research, which are contained in Chapter 12 of the Conduct of Business sourcebook (COBS 12). The COBS 12 requirements concern conflicts of interest and set out specific requirements relating to the production and dissemination of investment research and non-independent research. Prior to 3 January 2018, COBS 12 implemented Articles 24 and 25 of Commission Directive 2006/73/EC (MiFID Implementing Directive) which itself implemented the Markets in Financial Instruments Directive (Directive 2004/39/EC) (MiFID). MiFID was replaced by the recast Markets in Financial Instruments Directive (Directive 2014/65/EU) (MiFID II Directive) and the Markets in Financial Instruments Regulation (Regulation (EU) 600/2014) (MiFIR) (together the MiFID II framework). Both the MiFID II Directive and MiFIR entered into force on 2 July 2014. As amended, the majority of the MiFID II framework has applied since 3 January 2018, and EU Member States had until 3 July 2017 to transpose the provisions of MiFID II into national law. Consequently, the FCA amended COBS 12 to reflect the requirements
PRACTICE NOTES
Scope of this Practice Note The Financial Conduct Authority’s (FCA) rules in chapter 4 of the Conduct of Business sourcebook (COBS 4) apply generally to firms when communicating with a client or potential client when carrying on designated investment business or MiFID, equivalent third country or optional exemption business and when communicating or approving a financial promotion in relation to investment business. This Practice Note explains the FCA’s rules on approving and confirming compliance of financial promotions and record keeping (contained in the Conduct of Business sourcebook (COBS) at COBS 4.10 and 4.11). This Practice Note is part of a series that examines the rules in COBS 4 and should be read in conjunction with the following Practice Notes: • Introduction to the FCA COBS 4 rules • Application of the FCA's COBS 4 rules • FCA COBS 4 rules—Putting together financial promotions • FCA COBS 4 rules—Form and content of promotions • COBS 4—Past, simulated past and future performance • COBS 4—Direct offers and cold calls • COBS 4—Promotion of restricted mass market investments
PRACTICE NOTES
Scope of this Practice Note The Financial Services Authority’s (FCA) rules in chapter 4 of the Conduct of Business sourcebook (COBS 4) apply generally to firms when communicating with a client or potential client when carrying on designated investment business or MiFID, equivalent third country or optional exemption business and when communicating or approving a financial promotion in relation to investment business. This Practice Note explains what direct offer financial promotions and cold calls are and which of the FCA rules apply to them. This Practice Note is part of a series that examines the rules in COBS 4 and should be read in conjunction with the following Practice Notes: • Introduction to the FCA COBS 4 rules • Application of the FCA's COBS 4 rules • FCA COBS 4 rules—Putting together financial promotions • FCA COBS 4 rules—Form and content of promotions • COBS 4—Direct offers and cold calls • COBS 4—Approving and confirming compliance of financial promotions and record keeping • COBS 4—Promotion of restricted mass market investments and non-mass market investments Also, see Practice Note:
PRACTICE NOTES
Scope of this Practice Note The Financial Services Authority’s (FCA) rules in chapter 4 of the Conduct of Business sourcebook (COBS 4) apply generally to firms when communicating with a client or potential client when carrying on designated investment business or MiFID, equivalent third country or optional exemption business and when communicating or approving a financial promotion in relation to investment business. This Practice Note is part of a series that examines the rules in COBS 4 and should be read in conjunction with the following Practice Notes: • Introduction to the FCA COBS 4 rules • Application of the FCA's COBS 4 rules • FCA COBS 4 rules—Putting together financial promotions • FCA COBS 4 rules—Form and content of promotions • COBS 4—Direct offers and cold calls • COBS 4—Approving and confirming compliance of financial promotions and record keeping • COBS 4—Promotion of restricted mass market investments and non-mass market investments Also, see Practice Notes: Application of the UK financial promotion regime to cryptoassets, which contains details about how COBS 4 requirements have been extended to the
PRACTICE NOTES
Scope of this Practice Note The Financial Conduct Authority’s (FCA) rules in chapter 4 of the Conduct of Business sourcebook (COBS 4) apply generally to firms when communicating with a client or potential client when carrying on designated investment business or MiFID, equivalent third country or optional exemption business and when communicating or approving a financial promotion in relation to investment business. This Practice Note discusses COBS 4.12A and COBS 4.12B which contain rules which relate to the promotion of restricted mass market investments (RMMIs)) and non-mass market investments (NMMIs). It also discusses the rules in COBS 4.13 concerning the marketing of undertakings for collective investment in transferable securities (UCITS). This Practice Note is part of a series that examines the rules in COBS 4 and should be read in conjunction with the following Practice Notes: • Introduction to the FCA COBS 4 rules • Application of the FCA's COBS 4 rules • FCA COBS 4 rules—Putting together financial promotions • FCA COBS 4 rules—Form and content of promotions • COBS 4—Past, simulated past
PRECEDENTS
A: General information Date of monitoring review Person conducting monitoring review B: Consolidated data Criteria Over the last 12 months Number of suspected Accounts Rules compliance breaches reported internally to the COFA Number of actual Accounts Rules compliance breaches (serious and non-serious) Number of serious Accounts Rules compliance breaches Number of Accounts Rules compliance breaches reported to the SRAIf different to ‘Number of serious compliance breaches’, state why C: Data by compliance breach category Category of compliance breach Over the last 12 months A: Client money used for a non-permitted purpose B: Client money paid into office account C: Client money incorrectly withheld from client account D: Incorrect withdrawal from client account E: Delay paying in client money F:
COL
GLOSSARY
Combined Construction and Operating Licence: part of the US regulatory environment relating to new nuclear build.
PRECEDENTS
A: General information Date of monitoring review [insert date of monitoring review] Person conducting monitoring review [insert name] B: Consolidated data Criteria Over the last 12 months Number of suspected compliance breaches reported internally to the COLP [insert number] Number of actual compliance breaches (serious and non-serious) [state how many of the suspected compliance breaches were assessed to be compliance breaches] Number of serious compliance breaches [insert number] Number of compliance breaches reported to the SRAIf different to ‘Number of serious compliance breaches’, state why [insert number] C: Data by compliance breach category Category of compliance breach Over
PRECEDENTS
It is not realistic to monitor every area of compliance every month. We take a risk-based approach by monitoring different areas of compliance each month. This means our approach varies depending on the particular compliance area we are monitoring. On occasion, we will review areas of compliance in response to a particular event, eg as a result of a compliance breach or new guidance issued by a regulator. 1 General information Date of review Person conducting review [Insert date] [Insert name and role] 2 Review and findings Data point Comments/findings Areas
GLOSSARY
Committee on Medical Aspects of Radiation in the Environment: An independent advisory committee comprised of experts appointed from academic institutions and responsible for advising on the health impacts associated with natural and man-made radiation.