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Financial Services and Markets Act 2000

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This is the original version (as it was originally enacted).

167Appointment of persons to carry out general investigations

Explanatory NotesShow EN

(1)If it appears to the Authority or the Secretary of State (“the investigating authority”) that there is good reason for doing so, the investigating authority may appoint one or more competent persons to conduct an investigation on its behalf into—

(a)the nature, conduct or state of the business of an authorised person or of an appointed representative;

(b)a particular aspect of that business; or

(c)the ownership or control of an authorised person.

(2)If a person appointed under subsection (1) thinks it necessary for the purposes of his investigation, he may also investigate the business of a person who is or has at any relevant time been—

(a)a member of the group of which the person under investigation (“A”) is part; or

(b)a partnership of which A is a member.

(3)If a person appointed under subsection (1) decides to investigate the business of any person under subsection (2) he must give that person written notice of his decision.

(4)The power conferred by this section may be exercised in relation to a former authorised person (or appointed representative) but only in relation to—

(a)business carried on at any time when he was an authorised person (or appointed representative); or

(b)the ownership or control of a former authorised person at any time when he was an authorised person.

(5)“Business” includes any part of a business even if it does not consist of carrying on regulated activities.

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