• Part 3 Part 3 Publication of Rules and regulatory material [effective from 6th December 2009]

    Inserted by QFCRA RM02/2009 (as from 6th December 2009).

    • INAP 3.1.1 Definitions — pt3 [effective from 6th December 2009]

      In this part:

      Chief Executive Officer means the Chief Executive Officer of the Regulatory Authority.

      regulatory material means the following:

      (a) a waiver or modification notice under the Financial Services Regulations (or a notice revoking or varying such a notice);
      (b) guidance issued by the Regulatory Authority, other than guidance issued to an authorised firm or person individually;
      (c) a form approved or otherwise prescribed (however described) by the Regulatory Authority under any Regulations;
      (d) an approval, notice, policy or other instrument made or issued (however described) by the Regulatory Authority under any Regulations, other than an instrument made or issued for an authorised firm or person individually;

      and includes any provision of any regulatory material.

      Rules include any provision of any Rules.

      Amended by QFCRA RM/2010-04 (as from 1st October 2010)

    • INAP 3.1.2 Approved websites [effective from 6th December 2009]

      (1) The Chief Executive Officer may approve websites for this part.
      (2) The Regulatory Authority may enter into agreements or arrangements to ensure that users can authenticate an approved website or material on an approved website
      Inserted by QFCRA RM02/2009 (as from 6th December 2009).

    • INAP 3.1.3 Publication and authorisation of Rules and regulatory material [effective from 6th December 2009]

      (1) The Regulatory Authority may publish written or electronic versions of any Rules or regulatory material, whether as made or issued (however described) or as amended from time to time.

      Note 'Written' includes printed (see glossary, def writing).
      (2) The Regulatory Authority may authorise any of these versions (or any format of any of these versions).
      Inserted by QFCRA RM02/2009 (as from 6th December 2009).

    • INAP 3.1.4 Authorised electronic versions — Rules and regulatory material [effective from 6th December 2009]

      (1) An electronic copy of any Rules or regulatory material is an authorised electronic version if —
      (a) it is an electronic copy of a version authorised by the Regulatory Authority that is accessed at, or downloaded from, an approved website in a format authorised by the Chief Executive Officer, by notice published on an approved website; or
      (b) it is an electronic copy of a version authorised by the Regulatory Authority and is in the format in which it is authorised by the authority.
      Example of electronic format that may be authorised

      a locked pdf file
      (2) It is presumed, unless the contrary is proved —
      (a) that an internet site purporting to be an approved website is an approved website; and
      (b) that an electronic copy of any Rules or regulatory material accessed at, or downloaded from, an approved website and purporting to be authorised by the Regulatory Authority (however expressed) is an authorised electronic version of the Rules or regulatory material; and
      (c) that any other electronic copy of any Rules or regulatory material purporting to be authorised by the Regulatory Authority (however expressed) is an authorised electronic version of the Rules or regulatory material; and
      (d) that an authorised electronic version of any Rules or regulatory material purporting to be a version of the Rules or regulatory material as made or issued (however described) correctly shows the Rules or regulatory material as made or issued; and
      (e) that an authorised electronic version of any Rules or regulatory material purporting to be a version of the Rules or regulatory material as in force (however described) at any time or during any period correctly shows the Rules or regulatory material as in force at that time or during that period.
      Examples for par (e)
      1 A statement 'Effective: 1 October 2008' or 'Effective: 1/10/08' in an authorised electronic version of any Rules means that the version correctly shows the Rules as in force on 1 October 2008.
      2 A statement "Effective: 7 April 2008—30 September 2008' or 'Effective: 7/4/08—30/9/08' in an authorised electronic version of any Rules means that the version correctly shows the Rules as in force during the period from 7 April 2008 to 30 September 2008 (both dates included).
      Inserted by QFCRA RM02/2009 (as from 6th December 2009).

    • INAP 3.1.5 Authorised written versions — Rules and regulatory material [effective from 6th December 2009]

      (1) A written copy of any Rules or regulatory material is an authorised written version if —
      (a) it is a written copy of a version authorised by the Regulatory Authority; or
      (b) it is a written copy produced directly from an authorised electronic version of the Rules or regulatory material.
      Example

      An authorised electronic version of any Rules is downloaded from an approved website and printed. The printed copy is an authorised written version of the Rules.
      (2) It is presumed, unless the contrary is proved —
      (a) that a written copy of any Rules or regulatory material purporting to be authorised by the Regulatory Authority (however expressed) is an authorised written version of the Rules or regulatory material; and
      (b) that an authorised written version of any Rules or regulatory material purporting to be a version of the Rules or regulatory material as made or issued (however described) correctly shows the Rules or regulatory material as made or issued; and
      (c) that an authorised written version of any Rules or regulatory material purporting to be a version of the Rules or regulatory material as in force (however described) at any time or during any period correctly shows the Rules or regulatory material as in force at that time or during that period.
      Examples for par (c)

      See examples for rule 3.1.4(2)(e).
      (3) Subrule (2) does not limit rule 3.1.4(2) (Authorised electronic versions — Rules and regulatory material).
      Amended by QFCRA RM/2012-2 (as from 1st February 2013)

    • INAP 3.1.6 Notice of certain matters [effective from 6th December 2009]

      (1) Proof is not required about —
      (a) the making or issue (however described) of any Rules or regulatory material; or
      (b) the provisions of any Rules or regulatory material, whether as made or issued (however described) or as in force from time to time; or
      (c) the commencement, amendment, repeal, modification, waiver or expiry (however described) of any Rules or regulatory material; or
      (d) amendments or other changes made under rule 3.1.7 (Preparation of Rules and regulatory material for publication); or
      (e) the authorisation under this part of an electronic or written version of any Rules or regulatory material; or
      (f) whether a website is an approved website; or
      (g) the publication of anything on an approved website.
      (2) A court or tribunal may inform itself of anything mentioned in subrule (1) in any way it considers appropriate.
      Examples of ways that may be appropriate
      1 using a version of any Rules or regulatory material downloaded from an approved website using the internet
      2 using information obtained from an approved website using the internet
      3 using an authorised written version of any Rules or regulatory material
      (3) However, the court or tribunal must consider whether any source that it intends to use appears to be a reliable source of information.
      (4) For subrule (3), an authorised electronic or written version of any Rules or regulatory material is a reliable source of information.
      (5) This rule does not limit any other provision of a law, Regulations or Rules.
      Inserted by QFCRA RM02/2009 (as from 6th December 2009).

    • INAP 3.1.7 Preparation of Rules and regulatory material for publication [effective from 6th December 2009]

      (1) In preparing a written or electronic version of any Rules or regulatory material for publication, the Regulatory Authority may —
      (a) make editorial amendments, and other textual amendments of a technical or formal nature; and
      (b) make other editorial changes by way of format, layout, presentation or printing style.
      (2) However, this rule does not permit the making of any amendment of any Rules or regulatory material that would change the legal effect of the Rules or regulatory material.
      (3) For this rule, an editorial amendment is an amendment that —
      (a) updates or corrects a reference to, or to any provision of, any law or other instrument; or
      (b) goes only to a matter of spelling, punctuation, or the use (or non-use) of conjunctives, disjunctives or capitals; or
      (c) numbers or paragraphs (to any level) any provision, or changes the order of definitions or other provisions, of any Rules or regulatory material; or
      (d) changes the naming or numbering of a provision of any Rules or regulatory material; or
      (e) replaces a reference to a provision of any law or other instrument with a different form of reference to the provision; or
      (f) changes the way of referring to or expressing a number, year, date, time, amount of money, quantity, measurement or any similar matter; or
      (g) changes the form, layout or wording of any definition; or
      (h) updates a reference to the heading of a provision of any law or other instrument; or
      (i) omits the enacting or making words (however described) of any Rules or regulatory material (including any signatures); or
      (j) omits a provision of any Rules or regulatory material that has expired or the operation of which is exhausted or spent; or
      (k) inserts, omits or changes anything not forming part of any Rules or regulatory material, including, for example, any table of contents (however described) or endnote; or
      (l) is consequential on any other editorial amendment.
      (4) Any Rules or regulatory material amended or otherwise changed under this rule has effect for all purposes, on and after publication by the Regulatory Authority, as if the changes had been made by other Rules or regulatory material of the same kind.
      (5) In this rule:

      law means —
      (a) a law of any jurisdiction; and
      (b) any regulations, rules or other instruments (however described and whether legislative or administrative) made or in force under a law of any jurisdiction;
      and includes the QFC Law or any other law of the State and any Regulations or Rules.
      Inserted by QFCRA RM02/2009 (as from 6th December 2009).

    • INAP 3.1.8 Authorisation to exercise certain functions under pt 3 etc [effective from 6th December 2009]

      (1) The Chief Executive Officer may authorise employees of the Regulatory Authority to exercise for the authority functions under or in relation to any of the following provisions of this part:
      •   rule 3.1.3 (Publication and authorisation of Rules and regulatory material)
      •   rule 3.1.7 (Preparation of Rules and regulatory material for publication).
      (2) A function mentioned in subrule (1) that is exercised by an employee authorised under that subrule is taken to have been exercised by the Regulatory Authority.
      Inserted by QFCRA RM02/2009 (as from 6th December 2009).