GEN 2

Interpreting the Handbook

GEN 2.1

Introduction

Application

GEN 2.1.2

See Notes

handbook-rule
This chapter applies to every person to whom any provision in the Handbook applies. In relation to a provision other than a rule, the rules in this chapter apply as if they were part of that provision.

The Reader's Guide

GEN 2.1.10

See Notes

handbook-guidance
The Reader's Guide supplements this chapter. It provides an introduction to the structure and contents of the Handbook and its related materials, explaining how the different modules fit together and how to interpret and use the Handbook.

GEN 2.2

Interpreting the Handbook

Purposive interpretation

GEN 2.2.1

See Notes

handbook-rule
Every provision in the Handbook must be interpreted in the light of its purpose.

GEN 2.2.2

See Notes

handbook-guidance
The purpose of any provision in the Handbook is to be gathered first and foremost from the text of the provision in question and its context among other relevant provisions. The guidance given on the purpose of a provision is intended as an explanation to assist readers of the Handbook. As such, guidance may assist the reader in assessing the purpose of the provision, but it should not be taken as a complete or definitive explanation of a provision's purpose.

Evidential provisions

GEN 2.2.3

See Notes

handbook-rule

Any rule in the Handbook which has the status letter "E" in the margin or heading:

  1. (1) is to be taken also to provide that contravention of the rule does not give rise to any of the consequences provided for by provisions of the Act other than section 149 (Evidential provisions); and
  2. (2) incorporates the status letter "E" in the margin or heading as part of the rule.

GEN 2.2.4

See Notes

handbook-guidance
  1. (1) The rules to which section 149 of the Act applies ("evidential provisions") are identified in the Handbook by the status letter "E" in the margin or heading.
  2. (2) Other provisions in the Handbook, although also identified by the status letter "E" in the margin or heading, are actually not rules but provisions in codes and GEN 2.2.3 R does not apply to them. These code provisions are GEN 2.1.4 E, and those provisions in the Code of Practice for Approved Persons (APER 3 and APER 4) and the Code of Market Conduct (MAR 1) with the status letter "E".

GEN 2.2.5

See Notes

handbook-guidance
Chapter 6 of the Reader's Guide contains an explanation of the significance of the status letters R, E, G, D, UK, EU, P and C, and includes further information on Handbook provisions, including evidential provisions.

Use of defined expressions

GEN 2.2.6

See Notes

handbook-guidance
Expressions with defined meanings appear in italics in the Handbook.

GEN 2.2.7

See Notes

handbook-rule

In the Handbook (except IPRU, unless otherwise indicated):

  1. (1) an expression in italics which is defined in the Glossary has the meaning given there; and
  2. (2) an expression in italics which relates to an expression defined in the Glossary must be interpreted accordingly.

GEN 2.2.8

See Notes

handbook-guidance

Examples of related expressions are:

  1. (1) "advice on investments" and "advise on investments", which should be interpreted by reference to "advising on investments";
  2. (2) "closely linked", which should be interpreted by reference to "close links";
  3. (3) "controls" and "controlled", which should be interpreted by reference to "control"; and
  4. (4) "effect", as for example in "effect a life policy", which should be interpreted by reference to "effecting contracts of insurance".

GEN 2.2.9

See Notes

handbook-guidance
Unless the context otherwise requires, where italics have not been used, an expression bears its natural meaning (subject to the Interpretation Act 1978; see GEN 2.2.11 R to GEN 2.2.12 G).

GEN 2.2.10

See Notes

handbook-guidance
The Interim Prudential sourcebooks (IPRU) have individual arrangements for defined terms and each contains rules or guidance on its own arrangements. In respect of those sourcebooks, reliance should not be placed on the definitions which appear in the Glossary unless otherwise indicated.

Application of the Interpretation Act 1978

GEN 2.2.11

See Notes

handbook-rule
The Interpretation Act 1978 applies to the Handbook.

GEN 2.2.12

See Notes

handbook-guidance

The application of the Interpretation Act 1978 to the Handbook has the effect, in particular, that:

  1. (1) expressions in the Handbook used in the Act have the meanings which they bear in the Act, unless the contrary intention appears;
  2. (2) where reference is made in the Handbook to an enactment, it is a reference to that enactment as amended, and includes a reference to that provision as extended or applied by or under any other enactment, unless the contrary intention appears; and
  3. (3) unless the contrary intention appears:
    1. (a) words in the Handbook importing the masculine gender include the feminine and words importing the feminine gender include the masculine;
    2. (b) words in the Handbook in the singular include the plural and words in the plural include the singular.

Civil partnership - references to stepchildren etc

GEN 2.2.12A

See Notes

handbook-rule
Any reference in a provision of the Handbook made before 5 December 2005 to a stepchild, step-parent, stepdaughter, stepson, stepbrother or stepsister is to be interpreted in accordance with section 246 of the Civil Partnership Act 2004.

GEN 2.2.12B

See Notes

handbook-guidance
GEN 2.2.12A R and sections 246 and 247 of the Civil Partnership Act 2004 amend each reference in the Handbook to a stepchild, step-parent and certain related expressions to take account of civil partnerships. As a result a reference (for example) to a stepchild of a person (A) includes a reference to the child of the civil partner of A where that child is not A's child.

Cross-references in the Handbook

GEN 2.2.13

See Notes

handbook-rule
A reference in the Handbook to another provision in the Handbook is a reference to that provision as amended from time to time.

References to writing

GEN 2.2.14

See Notes

handbook-rule
If a provision in the Handbook refers to a communication, notice, agreement or other document "in writing" then, unless the contrary intention appears, it means in legible form and capable of being reproduced on paper, irrespective of the medium used. Expressions related to writing must be interpreted accordingly.

GEN 2.2.15

See Notes

handbook-guidance

GEN 2.2.14 R means that, for example, electronic media may be used to make communications which are required by a provision of the Handbook to be "in writing", unless a contrary intention appears, or the use of electronic media would contravene some other requirement such as the requirement to treat customers fairly under Principle 6. GEN 2.2.14 R does not, however, affect any other legal requirement which may apply in relation to the form or manner of executing a document or agreement.

GEN 2.2.16

See Notes

handbook-guidance
"Document" is a defined term in the Glossary, the definition of which includes information recorded in any form, including electronic form.

Activities covered by general rules

GEN 2.2.17

See Notes

handbook-rule

A general rule (that is a rule made section 138 of the Act (General rule-making power)) is to be interpreted as:

  1. (1) applying to a firm with respect to the carrying on of all regulated activities, except to the extent that a contrary intention appears; and
  2. (2) not applying to a firm with respect to the carrying on of unregulated activities, unless and then only to the extent that a contrary intention appears.

Continuity of authorised partnerships and unincorporated associations

GEN 2.2.18

See Notes

handbook-rule
  1. (1) If a firm, which is a partnership or unincorporated association, is dissolved, but its authorisation continues to have effect under section 32 of the Act (Partnerships and unincorporated associations) in relation to any partnership or unincorporated association which succeeds to the business of the dissolved firm, the successor partnership or unincorporated association is to be regarded as the same firm for the purposes of the Handbook unless the context otherwise requires.
  2. (2) [deleted]
  3. (3) [deleted]

GEN 2.2.19

See Notes

handbook-guidance
In principle, it is possible to view a change of partners in a partnership, or a change in the membership of the unincorporated association, as the formation of a new partnership or association. GEN 2.2.18 R reflects section 32 of the Act (Partnerships and unincorporated associations), which provides for the continuing authorisation of partnerships and unincorporated associations following a change in partners or members if certain conditions are satisfied. GEN 2.2.18 R ensures a similar effect to section 32 in relation to the status of the partnership or unincorporated associations as a "firm" or "authorised person" for the purposes of the Handbook.

Designated investment exchanges

GEN 2.2.20

See Notes

handbook-guidance
In the Glossary, the definition of designated investment exchange lists certain investment exchanges. Further information on designated investment exchanges, including guidance on the addition of an investment exchange to the list, is set out in GEN 2 Annex 1 and the obligation to pay the application fee is set out in FEES 3.2.

GEN 2 Annex 1

Designated investment exchanges

See Notes

handbook-guidance