8(1)Section 168 (appointment of investigator in specific cases) is amended as follows.U.K.
(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.”
Commencement Information
I1Sch. 12 para. 8 in force at 24.1.2013 for specified purposes by S.I. 2013/113, art. 2(1)(b), Sch. Pt. 2
I2Sch. 12 para. 8 in force at 1.4.2013 in so far as not already in force by S.I. 2013/423, art. 3, Sch.