(1)The Treasury may make regulations to enable the Financial Conduct Authority to make arrangements for monitoring and enforcing compliance with the prohibition imposed on banks and building societies by section 40 [F1and the requirements imposed on them by sections 40A, 40B and 40G] .
(2)The regulations may (in particular)—
(a)provide for the Financial Conduct Authority to be given free access to the information to which banks and building societies are given access when carrying out status checks under section 40 [F2or immigration checks under section 40A] ;
(b)apply, or make provision corresponding to, any of the provisions of the Financial Services and Markets Act 2000, including in particular those mentioned in subsection (3), with or without modification.
(3)The provisions are—
(a)provisions about investigations, including powers of entry and search and criminal offences;
(b)provisions for the grant of an injunction (or, in Scotland, an interdict) in relation to a contravention or anticipated contravention;
(c)provisions giving the Financial Conduct Authority powers to impose disciplinary measures (including financial penalties) or to give directions;
(d)provisions giving a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) or the Financial Conduct Authority powers to make subordinate legislation;
(e)provisions for the Financial Conduct Authority to charge fees.
Textual Amendments
F1Words in s. 41(1) inserted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 3(2); S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)
F2Words in s. 41(2)(a) inserted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 3(3); S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)
Commencement Information
I1S. 41 in force at 14.7.2014 by S.I. 2014/1820, art. 2(a)