Waiver by Consent
We may offer a 'general' waiver to firms (referred to as waivers with consent under section 148(2) of the Financial Services & Markets Act (2000)).
We may do this in exceptional circumstances where we consider that a waiver should apply to a number of firms (for example, where an unmodified rule may not meet the circumstances of a particular category of firm). In these cases we will tell the firms concerned that the waiver is available. We will do this either by contacting them individually or by publishing details of the availability of the waiver.
What you need to do
To take advantage of any of the waivers or modifications listed below, write to the Central Waivers Team, FSA, 25 The North Colonnade, Canary Wharf, London E14 5HS, confirming that you agree to comply with the conditions placed on use of the waiver/modification, as set out in the Waiver Direction.
See the list below for waivers or modifications currently available.
These waivers are current as at 9 September 2008 and we update this information monthly, new waivers added during the last month will be shown in bold text. Where a table is blank, no waivers have yet been approved.
| BIPRU |
|---|
| Modification by consent - BIPRU 7.11.26(2) and BIPRU 7.11.39(2) Available to any BIPRU firm that does not have FSA approval to determine their specific risk instruments via VAR model |
| Modification by consent - BIPRU 9.3 Available to any UK Banks who have issued asset backed securities, backed for providers by credit card receivables |
| CASS |
Modification by consent - CASS rule 2.3.2 and 2.3.4 |
| COLL |
Modification by Consent of COLL 5.6.22R |
| CRED |
| Modification by Consent - CRED 8.2.1, 8.3.1, 8.4.1, 9.1.5, 9.3.7, 10.5.1 & SUP 16.7.63. Available to Credit Unions that have contracts to take part in the Growth Fund 2 Initiative |
| DISP |
| Modification by consent of certain DISP rules Available only to providers of personal current accounts with overdraft facilities |
| GENPRU and INSPRU |
Modification by consent of GENPRU 2 Annex 7R and INSPRU 2.1.33R |
| INSPRU |
Modification by consent of INSPRU 3.1.46R Modification by consent of INSPRU 2.1.22R |
| IPRU(INS) |
| Modification by consent of IPRU(INS) 9.17, 9.19, 9.20 & 9.20A Available to insurance firm's whose business is in run off |
| FSA guidance on IPRU(INS) Appendix 9.2 Form 20A instruction 2 Available to non-life insurance firms |
| SUP |
| Modification by consent - SUP 16.12.5R (Note 5), SUP 16.12.11R (Note 5), SUP 16.12.15R (Note 5), SUP 16.12.22AR (Note 5) and SUP 16.12.25AR (Note 5) Available to firms with a CAD2 waiver |
| Modification by consent - SUP 16.12.13, 16.12.17, 16.12.24 & 16.12.27 Available to UCITS investment firms, BIPRU 50k firms, BIPRU 125k firms or BIPRU limited activity 730k firms. |
| Modification by Consent of SUP 16.11 Available to providers of Home Reversion and Home Purchase Plans |

