Transitional Provisions and Schedules
DEPP TP 1
Transitional provisions applying to the Decision Procedure and Penalties Manual
1. Table DEPP TP 1| (1) |
(2)
Material to which the transitional provision applies | (3) |
(4)
Transitional provision |
(5)
Transitional provision dates in force: |
(6)
Handbook provision coming into force |
| 1 | DEPP | G | GEN contains some transitional provisions that apply throughout the Handbook and which are designed to ensure a smooth transition at commencement. | From commencement | (Various dates) |
| 2 | DEPP 6.7 (Discount for early settlement), | G | These provisions (in summary, relating to the discount scheme) apply only to cases where investigators are appointed on or after 20 October 2005. | From 20 October 2005 | 20 October 2005 |
| 3 | DEPP | G |
DEPP 1 to DEPP 5 take effect on 28 August 2007, save to the extent described below: DEPP 1 to DEPP 5 do not apply to any statutory notice or related notice issued on or after 28 August where a warning notice, first supervisory notice or decision notice was given by the FSA before 28 August in relation to the same matter. The procedure to be followed in respect of such statutory notices or related notices given on or after 28 August will be the same as that described in the Decision making manual (DEC) immediately before DEPP comes into effect. | From 28 August 2007 | 28 August 2007 |
| 4 | DEPP | G |
DEPP 6 takes effect on 28 August 2007, save to the extent described below. The FSA's policy in respect of the imposition and amount of penalty will continue to be as described in the Enforcement manual (ENF) in relation to any statutory notice or related notice given on or after 28 August where a warning notice, first supervisory notice or decision notice was given by the FSA before 28 August in relation to the same matter. | From 28 August 2007 | 28 August 2007 |
- 28/08/2007
DEPP Sch 1
Record keeping requirements
- 06/01/2010
DEPP Sch 1.1
See Notes
| There are no record-keeping requirements in DEPP. |
- 06/01/2010
DEPP Sch 2
Notification requirements
- 06/01/2010
DEPP Sch 2.1
See Notes
| There are no notification requirements in DEPP. |
- 06/01/2010
DEPP Sch 3
Fees and other required payments
- 06/01/2010
DEPP Sch 3.1
See Notes
| There are no requirements for fees in DEPP. |
- 06/01/2010
DEPP Sch 3.2
See Notes
| The FSA's power to impose financial penalties is contained in: | |
| Section 206 (Financial penalties) of the Act | |
| Part III of Schedule 1 (The Financial Services Authority) to the Act | |
| the Money Laundering Regulations | |
| the Transfer of Funds (Information on the Payer) Regulations 2007 (SI 2007/3298) | |
| the RCB Regulations | |
| the Payment Services Regulations | |
- 06/01/2010
DEPP Sch 4
Powers Exercised
- 06/01/2010
DEPP Sch 4.1
See Notes
| The following powers and related provisions in or under the Act have been exercised by the FSA to make the statements of policy in DEPP: | |
| Section 69 (Statement of policy) (including as applied by paragraph 1 of Schedule 5 to the Payment Services Regulations) | |
| Section 93(1) (Statement of policy) | |
| Section 124(1) (Statement of policy) | |
| Section 157(1) (Guidance) | |
| Section 169(9) (Investigations etc in support of overseas regulator) (including as applied by paragraph 3 of Schedule 5 to the Payment Services Regulations) | |
| Section 192N (Imposition of penalties under section 192K: statement of policy) | |
| Section 210(1) (Statements of policy) (including as applied by regulation 86(6) of the Payment Services Regulations) | |
| Section 249 (Disciplinary measures) | |
| Section 312J (Statement of policy) | |
| Section 345D (Imposition of penalties on auditors or actuaries: statement of policy) | |
| Section 395 (The Authority's procedures) (including as applied by paragraph 7 of Schedule 5 to the Payment Services Regulations) | |
| Paragraph 16 (Penalties) of Schedule 1 (The Financial Services Authority) | |
- 06/01/2010
DEPP Sch 4.2
See Notes
| The following additional powers and related provisions have been exercised by the FSA to make the statements of policy in DEPP: | |
| Regulation 42 (Guidance) of the RCB Regulations | |
| Regulation 44 (Warning notices and decision notices) of the RCB Regulations | |
| Regulation 86 (Proposal to take disciplinary measures) of the Payment Services Regulations | |
| Regulation 93 (Guidance) of the Payment Services Regulations | |
- 06/03/2010
DEPP Sch 5
Rights of action for damages
- 06/01/2010
DEPP Sch 5.1
See Notes
| There are no rules in DEPP. |
- 06/01/2010
DEPP Sch 6
Rules that can be waived
- 06/01/2010
DEPP Sch 6.1
See Notes
| There are no rules in DEPP. |
- 06/01/2010