CASS 1A.3 Responsibility for CASS operational oversight

The material in CASS 1A.3.1BG about how CASS 1A.3 fits into the FCA senior managers and certification regime for SMCR firms also applies to a CASS small firm that is an SMCR firm and the function in CASS 1A.3.1R.

1. (1)
   1. (a)

      This paragraph CASS 1A.3.1BG describes how CASS 1A.3.1AR applies to SMCR firms.

   2. (b)

      The function in CASS 1A.3.1AR is not a separate controlled function and performing that function does not require approval as an approved person.

   3. (c)

      However, nothing in paragraphs (1A) to (4) affects the requirement for the function in CASS 1A.3.1AR to be allocated to a single director or senior manager of sufficient skill and authority in accordance with CASS 1A.3.1AR and CASS 1A.3.2AR.

2. (1A)

   There are three elements of the regime for SMCR firms that are particularly relevant to CASS 1A, although they do not all apply to all SMCR firms:

   1. (a)

      a firm’s obligation to allocate certain responsibilities to its SMF managers (see SYSC 24 (Senior managers and certification regime: Allocation of prescribed responsibilities));

   2. (b)

      a firm’s obligation to ensure that one or more of its SMF managers have overall responsibility for each of its activities, business areas and management functions (see SYSC 26 (Senior managers and certification regime: Overall and local responsibility)); and

   3. (c)

      the certification regime (the certification regime is explained in SYSC 27 (Senior managers and certification regime: Certification regime) and SYSC TP 7 (Bank of England and Financial Services Act 2016: Certification and regulatory references) explains that the certification regime comes into force sometime after other parts of the senior managers and certification regime).

3. (2)
   1. (a)

      This paragraph (2) explains how CASS 1A.3.1AR applies to an SMCR firm to which SYSC 24 and SYSC 26 both apply.

   2. (b)

      The firm must allocate responsibility for the firm’s compliance with CASS to one of its SMF managers (see SYSC 24.2.1R). That responsibility is an “FCA-prescribed senior management responsibility”. The full list of FCA-prescribed senior management responsibilities is in the table in SYSC 24.2.6R.

   3. (c)

      Although the CASS function in SYSC 24.2.1R is different from the function in CASS 1A.3.1AR, the firm may allocate the function in CASS 1A.3.1AR to the SMF manager in (b).

   4. (d)

      The firm may allocate the CASS FCA-prescribed senior management responsibility described in (b) to an SMF manager who does not perform any other function coming within the FCA regime for SMF managers in SMCR firms. See SUP 10C.7 (Other overall responsibility function (SMF18)) and SUP 10C.8.1R (Other local responsibility function (SMF22)) for details. Where this is the case, the manager will be performing the other overall responsibility function or the other local responsibility function.

   5. (e)

      The firm may choose to allocate the function in CASS 1A.3.1AR to someone who is not an approved person and SMF manager. If so:

      1. (i)

         that person will be subject to the employee certification regime described in SYSC 27 (Senior managers and certification regime: (Certification Regime);

      2. (ii)

         that person will be subject to supervision by the SMF manager in (b); and

      3. (iii)

         the function in CASS 1A.3.1AR will be the CASS oversight FCA certification function in SYSC 27.8.1R.

4. (3)

   In relation to an SMCR firm to which SYSC 24 applies but SYSC 26 does not apply, the guidance in sub-paragraphs (2)(b), (2)(c), and 2(e) applies, but the guidance in sub-paragraph (2)(d) does not apply.

5. (4)
   1. (a)

      The position of an SMCR firm to which neither SYSC 24 nor SYSC 26 apply is slightly different.

   2. (b)

      The firm may choose to allocate the function in CASS 1A.3.1AR to an SMF manager.

   3. (c)

      The firm may instead choose to allocate the function in CASS 1A.3.1AR to someone who is not an SMF manager.

   4. (d)

      Where (c) applies, the person performing the function in CASS 1A.3.1AR will fall into the certification regime. The function in CASS 1A.3.1AR will be the CASS oversight FCA certification function in SYSC 27.8.1R.