C11C12C13C14C15C16C21C18C24C26C25 Part XI Information Gathering and Investigations

Annotations:
Modifications etc. (not altering text)
C11

Pt. 11 modified (1.12.2001) by S.I. 2001/2657, arts. 1(1), 18(2) (which was revoked (8.10.2001) by S.I. 2001/3083, arts. 1(2), 23); S.I. 2001/3538, art. 2(1)

Pt. 11 modified (1.12.2001) by S.I. 2001/3083, arts. 1(2), 18(2)(4); S.I. 2001/3538, art. 2(1)

Pt. 11 extended (with modifications) (1.12.2001) by S.I. 2001/3646, arts. 1(1), 6-9

C13

Pt. 11 applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 19, Sch. para. 2

C21

Pt. 11 applied (with modifications) (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services Act 2012 (Consumer Credit) Order 2013 (S.I. 2013/1882), arts. 1(1), 3(5)

C24

Pt. 11 applied (with modifications) (12.12.2014) by The Immigration Act 2014 (Bank Accounts) Regulations 2014 (S.I. 2014/3085), regs. 1, 14

Powers to gather information

C1C2C3C4C5C17C23C22C21C27165F2Regulators power to require information F1: authorised persons etc.

C6C191

F5Either regulator may, by notice in writing given to an authorised person, require him—

a

to provide specified information or information of a specified description; or

b

to produce specified documents or documents of a specified description.

C6C7C192

The information or documents must be provided or produced—

a

before the end of such reasonable period as may be specified; and

b

at such place as may be specified.

C193

An officer who has written authorisation from the F6regulator to do so may require an authorised person without delay—

a

to provide the officer with specified information or information of a specified description; or

b

to produce to him specified documents or documents of a specified description.

C194

This section applies only to information and documents reasonably required in connection with the exercise by F7either regulator of functions conferred on it by or under this Act.

C8C9C195

F3The regulator in question may require any information provided under this section to be provided in such form as it may reasonably require.

C8C10C196

F4The regulator in question may require—

a

any information provided, whether in a document or otherwise, to be verified in such manner, or

b

any document produced to be authenticated in such manner,

as it may reasonably require.

7

The powers conferred by subsections (1) and (3) may also be F8exercised—

a

by either regulator, to impose requirements on a person who is connected with an authorised person;

b

by the FCA, to impose requirements on an operator, trustee or depositary of a scheme recognised under section F14... 272 who is not an authorised person;

c

by the FCA, to impose requirements on a recognised investment exchange;

d

by the FCA, to impose requirements on a person who is connected with a recognised investment exchange.

F15e

by either regulator, to impose requirements on a person who provides any service to an insurance undertaking, reinsurance undertaking or third-country insurance undertaking.

8

“Authorised person” includes a person who was at any time an authorised person but who has ceased to be an authorised person.

C209

“Officer” means an officer of F9the regulator exercising the power and includes a member of F10that regulator's staff or an agent of F11that regulator.

C2010

“Specified” means—

a

in subsections (1) and (2), specified in the notice; and

b

in subsection (3), specified in the authorisation.

11

For the purposes of this section, a person is connected with F12another person (“A”) if he is or has at any relevant time been—

a

a member of A’s group;

b

a controller of A;

c

any other member of a partnership of which A is a member; or

d

in relation to A, a person mentioned in Part I of Schedule 15 F13(reading references in that Part to the authorised person as references to A).