FCA Handbook - GEN 1.3 Emergency

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GEN 1.3 Emergency

The FCA recognises that there may be occasions when, because of a particular emergency, a person (generally a firm, but in certain circumstances, for example in relation to price stabilising rules, an unauthorised person) may be unable to comply with a particular rule in the Handbook. The purpose of GEN 1.3.2 R is to provide appropriate relief from the consequences of contravention of such a rule in those circumstances.

(1)
If any emergency arises which:
1. (a)
  makes it impracticable for a person to comply with a particular rule in the Handbook;
2. (b)
  could not have been avoided by the person taking all reasonable steps; and
3. (c)
  is outside the control of the person, its associates and agents (and of its and their employees);
the person will not be in contravention of that rule to the extent that, in consequence of the emergency, compliance with that rule is impracticable.
(2)
Paragraph (1) applies only for so long as:
1. (a)
  the consequences of the emergency continue; and
2. (b)
  the person can demonstrate that it is taking all practicable steps to deal with those consequences, to comply with the rule, and to mitigate losses and potential losses to its clients (if any).
(3)
The person must notify the FCA as soon as practicable of the emergency and of the steps it is taking and proposes to take to deal with the consequences of the emergency.
(4)
A notification under (3) must be given to or addressed and delivered in accordance with SUP 15.7 (Form and method of notification) (whether or not the person is a firm). If the person is not a firm, the notification must be given to or addressed for the attention of:Contact Centre, The Financial Conduct Authority, 12 Endeavour Square, London, E20 1JN (tel: 0300 500 0597).

A firm should continue to keep the FCA informed of the steps it is taking under GEN 1.3.2 R (3), in order to comply with its obligations under Principle 11 (Relations with regulators).

In the context of GEN 1.3.2 R, an action is not practicable if it involves a person going to unreasonable lengths.

GEN 1.3.2 R operates on the FCA's rules . It does not affect the FCA's powers to take action against a firm in an emergency, based on contravention of other requirements and standards under the regulatory system . For example, the FCA may exercise its own-initiative power in appropriate cases to vary a firm's Part 4A permission based on a failure or potential failure to satisfy the threshold conditions (see SUP 7 (Individual requirements) and SUP 6B (Variation and cancellation of permission and imposition of requirements on the FCA's own initiative)).