C10C11C12C13C15C20C17C21C23C22C25C27C28C26C29C30C32C31C33C35C36C38C34C39C41C42C43 Part XI Information Gathering and Investigations

Annotations:
Modifications etc. (not altering text)
C10

Pt. 11 modified (1.12.2001) by S.I. 2001/2657, arts. 1(1), 18(2) (which was revoked (8.10.2001) by S.I. 2001/3083, arts. 1(2), 23); S.I. 2001/3538, art. 2(1)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

C12

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

C20

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)

C21

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

C25

Pt. 11 applied (with modifications) (18.9.2016) by The Payment Accounts Regulations 2015 (S.I. 2015/2038), reg. 1(2)(b), Sch. 7 para. 2

C27

Pt. 11 applied (with modifications) (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 1 para. 19(1) (with reg. 7)

C28

Pt. 11 applied (with modifications) (3.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Data Reporting Services Regulations 2017 (S.I. 2017/699), regs. 1(2)(a)(b), 33

C32

Pt. 11 modified (E.W.S.) (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 82(13)

C31

Pt. 11 applied (with modifications) (1.1.2019) by The Securitisation Regulations 2018 (S.I. 2018/1288), reg. 1, Sch. 1 para. 3 (with Sch. 1 paras. 13, 14)

C33

Pt. 11 applied (with modifications) (10.6.2019) by The Proxy Advisors (Shareholders Rights) Regulations 2019 (S.I. 2019/926), regs. 1, 20, 22 (as amended by S.I. 2020/628, regs. 1(4), 15(5))

C41

Pt. 11 applied (with modifications) (30.1.2024 for specified purposes) by The Securitisation Regulations 2024 (S.I. 2024/102), reg. 2(1)(e)(2), Sch. 1 para. 10 (with reg. 52(3), Sch. 3)

C42

Pt. 11 applied (with modifications) (30.1.2024 for specified purposes) by The Public Offers and Admissions to Trading Regulations 2024 (S.I. 2024/105), regs. 2(2)(3), 44(4) (with regs. 48-50)

Conduct of investigations

C1C2C14C16C24C37C40176 Entry of premises under warrant.

C3C4C181

A justice of the peace may issue a warrant under this section if satisfied on information on oath given by or on behalf of the Secretary of State, F4either regulator or an investigator that there are reasonable grounds for believing that the first, second or third set of conditions is satisfied.

C5C3C4C182

The first set of conditions is—

a

that a person on whom an information requirement has been imposed has failed (wholly or in part) to comply with it; and

b

that on the premises specified in the warrant—

i

there are documents which have been required; or

ii

there is information which has been required.

C3C4C183

The second set of conditions is—

a

that the premises specified in the warrant are premises of F10a person to whom subsection (3A) applies;

b

that there are on the premises documents or information in relation to which an information requirement could be imposed; and

c

that if such a requirement were to be imposed—

i

it would not be complied with; or

ii

the documents or information to which it related would be removed, tampered with or destroyed.

F93A

This subsection applies to the following persons—

a

an authorised person;

b

an appointed representative;

c

a relevant parent undertaking of an FCA investment firm;

d

a person who provides a service to an FCA investment firm or to a relevant parent undertaking of such a firm.

C3C44

The third set of conditions is—

a

that an offence mentioned in section 168 for which the maximum sentence on conviction on indictment is two years or more has been (or is being) committed by any person;

b

that there are on the premises specified in the warrant documents or information relevant to whether that offence has been (or is being) committed;

c

that an information requirement could be imposed in relation to those documents or information; and

d

that if such a requirement were to be imposed—

i

it would not be complied with; or

ii

the documents or information to which it related would be removed, tampered with or destroyed.

C6C3C4C195

A warrant under this section shall authorise a constable—

a

to enter the premises specified in the warrant;

b

to search the premises and take possession of any documents or information appearing to be documents or information of a kind in respect of which a warrant under this section was issued (“the relevant kind”) or to take, in relation to any such documents or information, any other steps which may appear to be necessary for preserving them or preventing interference with them;

c

to take copies of, or extracts from, any documents or information appearing to be of the relevant kind;

d

to require any person on the premises to provide an explanation of any document or information appearing to be of the relevant kind or to state where it may be found; and

e

to use such force as may be reasonably necessary.

C19F35A

A warrant under this section may be executed by any constable.

C195B

The warrant may authorise persons to accompany any constable who is executing it.

C195C

The powers in subsection (5) may be exercised by a person authorised by the warrant to accompany a constable; but that person may exercise those powers only in the company of, and under the supervision of, a constable.

C7C3C4C196

In England and Wales, sections 15(5) to (8) and section F716(3) to (12) of the M1Police and Criminal Evidence Act 1984 (execution of search warrants and safeguards) apply to warrants issued under this section.

C3C4C197

In Northern Ireland, Articles 17(5) to (8) and F818(3) to (12) of the M2Police and Criminal Evidence (Northern Ireland) Order 1989 apply to warrants issued under this section.

F5C8C3C4C198

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C3C199

In the application of this section to Scotland—

a

for the references to a justice of the peace substitute references to a justice of the peace or a sheriff; and

b

for the references to information on oath substitute references to evidence on oath.

C1910

“Investigator” means a person appointed under section 167 or 168(3) or (5).

C9C1911

“Information requirement” means a requirement imposed—

a

by F6a regulator under section F11F187C, 87J, 165 F2, 165A, 169A or 175; F12or

F13aa

by the FCA under regulation 26, 28 or 33 of the Public Offers and Admissions to Trading Regulations 2024; or

b

by an investigator under section 171, 172, 173 or 175.