Related links

PS22/15 - "Strengthening individual accountability in insurance: responses to CP26/14, CP7/15 and CP13/15" https://www.bankofengland.co.uk/prudential-regulation/publication/2015/strengthening-individual-accountability-in-insurance-responses
Admin Instrument (No 2) 2015 - PRA Rulebook: Administration Instrument (No 2) 2015 https://www.bankofengland.co.uk/prudential-regulation/publication/2015/pra-rulebook-administration-instrument-no-2-2015
PS12/17 - Strengthening individual accountability in banking and insurance: amendments and optimisations https://www.bankofengland.co.uk/prudential-regulation/publication/2016/strengthening-accountability-in-banking-and-insurance-amendments-and-optimisations
Legislation.gov.uk http://www.legislation.gov.uk/
Eur-Lex http://eur-lex.europa.eu/en/index.htm
SS35/15 - Strengthening individual accountability in insurance http://www.bankofengland.co.uk/prudential-regulation/publication/2015/strengthening-individual-accountability-in-insurance-ss
SS5/16 - Corporate governance: Board responsibilities https://www.bankofengland.co.uk/prudential-regulation/publication/2016/corporate-governance-board-responsibilities-ss

Chapters

  • 1 Application
  • 2 Scope of Conduct Standards
  • 3 Conduct Standards
  • 4 Lloyd’s

1

Application

1.1

Unless otherwise stated, this Part applies to:

  1. (1) a UK Solvency II firm;
  2. (2) in accordance with Insurance General Application 3, the Society, as modified by 4;
  3. (3) in accordance with Insurance General Application 3, managing agents, as modified by 4;
  4. (4) a third country branch undertaking (other than a Swiss general insurer);
  5. (5) a UK ISPV; and
  6. (6) in relation to any of the foregoing firms, any person who is a Conduct Rules non-executive director or who is approved under section 59 of FSMA by either:
    1. (a) the PRA; or
    2. (b) the FCA, in relation to a relevant senior management function.

2

Scope of Conduct Standards

2.1

If you are a natural person who is approved under section 59 of FSMA by either:

  1. (1) the PRA; or
  2. (2) the FCA, in relation to a relevant senior management function,

you must comply at all times with all of the conduct standards.

2.1A

If you are a Conduct Rules non-executive director, you must comply at all times with the conduct standards specified in 3.1 to 3.3, 3.7 and 3.8.

2.2

A firm must require:

  1. (1) any person performing a key function to observe the conduct standards specified in 3.1 to 3.3;
  2. (2) any key function holder (other than a notified non-executive director and an authorised UK representative) to observe the conduct standards specified in 3.4 to 3.8, in addition to complying with (1); and
  3. (3) any notified non-executive director to observe the conduct standards specified in 3.7 and 3.8, in addition to complying with (1).

3

Conduct Standards

3.1

Individual Conduct Standard 1: You must act with integrity.

3.2

Individual Conduct Standard 2: You must act with due skill, care and diligence.

3.3

Individual Conduct Standard 3: You must be open and co-operative with the FCA, the PRA and other regulators.

3.4

Senior Insurance Manager Conduct Standard 1: You must take reasonable steps to ensure that the business of the firm for which you are responsible is controlled effectively.

3.5

Senior Insurance Manager Conduct Standard 2: You must take reasonable steps to ensure that the business of the firm for which you are responsible complies with the relevant requirements and standards of the regulatory system.

3.6

Senior Insurance Manager Conduct Standard 3: You must take reasonable steps to ensure that any delegation of your responsibilities is to an appropriate person and that you oversee the discharge of the delegated responsibility effectively.

3.7

Senior Insurance Manager Conduct Standard 4: You must disclose appropriately any information of which the FCA or the PRA would reasonably expect to have notice.

3.8

Senior Insurance Manager Conduct Standard 5: When exercising your responsibilities, you must pay due regard to the interests of current and potential future policyholders in ensuring the provision by the firm of an appropriate degree of protection for their insured benefits.

4

Lloyd’s

4.1

This Part applies to the Society and managing agents separately.