F1F2Part 8AShort selling

Power to require information

131EPower to require information

(1)

The F3FCA may, by notice in writing, require a person F4...—

(a)

to provide specified information or information of a specified description; or

(b)

to produce specified documents or documents of a specified description.

(2)

This section applies only to information and documents that the F3FCA reasonably requires for the purpose of F5the exercise by it of functions under the short selling regulation F6or to respond to a request referred to in subsection (5A).

(3)

Information or documents required under this section must be provided or produced—

(a)

before the end of such reasonable period as may be specified; and

(b)

at such place as may be specified.

(4)

The F3FCA may require any information provided under this section to be provided in such form as it may reasonably require.

(5)

The F3FCA may require—

(a)

any information provided, whether in a document or otherwise, to be verified in such manner as it may reasonably require; or

(b)

any document produced to be authenticated in such manner as it may reasonably require.

F7(5A)

The F3FCA's powers under this section may be exercised on a request made in the exercise of F8relevant functions by—

F9(a)

an overseas regulator, or

(b)

ESMA.

F10(5B)

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F11(6)

In this section—

“overseas regulator” means—

(a)

the competent authority of an EEA State for the purposes of the short selling regulation, as that regulation has effect in the European Union (the “EU short selling regulation”); or

(b)

the authority of a third country which is not an EEA State which exercises functions corresponding to those of a competent authority under the EU short selling regulation;

“relevant functions” means—

(a)

in relation to a competent authority of an EEA State, its functions under the EU short selling regulation;

(b)

in relation to ESMA, its functions under the EU short selling regulation;

(c)

in relation to an authority of a third country which is not an EEA state, its functions corresponding to the functions referred to in paragraph (a);

“specified” means specified in the notice.

F12(7)

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