Financial Services Act 2012
2012 CHAPTER 21
Commentary
Part 5 – Inquiries and Investigations
Investigations
Section 74: Duty of PRA to investigate and report on possible regulatory failure
533.Section 74 requires the PRA to investigate events and to report to the Treasury on the result of the investigation. The duty applies where events have occurred which relate to PRA-authorised persons, which have or may have caused serious harm to the values underpinning the PRA’s objectives (the safety and soundness of those persons or the adequate degree of protection for policyholders) or where relevant public expenditure (as defined in section 75) has been incurred in respect of a PRA-authorised person, and where those events may not have occurred but for a serious failure in the legislative regime for regulation or its operation. The duty applies where the PRA itself is satisfied that the test is met (unless the Treasury directs the PRA that an investigation is not required) or where the Treasury direct the PRA that the test is met.
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