SCHEDULES
SCHEDULE 12Amendments of Parts 11 and 23 of FSMA 2000
PART 1Part 11 of FSMA 2000: information gathering and investigations
I1I28
1
Section 168 (appointment of investigator in specific cases) is amended as follows.
2
In subsection (1)—
a
omit paragraph (a), and
b
in paragraph (b), for “191” substitute “
191F
”
.
3
In subsection (2)—
a
in paragraph (a), for “or 397” substitute “
or under Part 7 of the Financial Services Act 2012
”
, and
b
after paragraph (b) insert—
ba
an authorised person may have contravened section 20 in relation to a credit-related regulated activity;
4
In subsection (4)—
a
in the opening words, for “the Authority” substitute “
an investigating authority
”
,
b
in paragraph (c), for “Authority” substitute “
investigating authority
”
,
c
after that paragraph insert—
ca
a recognised investment exchange may have contravened the recognition requirements (within the meaning of Part 18);
d
in paragraph (f), for “an authorised or exempt person” substitute “
a person
”
,
e
in paragraph (h), for “the Authority” substitute “
a regulator
”
,
f
in paragraph (j), omit the words from “or by any” to the end, and
g
for paragraph (k) substitute—
k
a person may have contravened a qualifying EU provision that is specified, or of a description specified, for the purposes of this subsection by the Treasury by order.
5
In subsection (5), for “Authority” substitute “
investigating authority
”
.
6
For subsection (6) substitute—
6
Investigating authority” means—
a
in subsections (1) to (3), the FCA, the PRA or the Secretary of State;
b
in subsections (4) and (5), the FCA or the PRA.