Part 8A

Short selling

Power to require information

Power to require information
131E
1
The
FCA
may, by notice in writing, require a person
...—
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
FCA
reasonably requires for the purpose of
the exercise by it of functions under the
short selling regulation
or 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
FCA
may require any information provided under this section to be provided in such form as it may reasonably require.
5
The
FCA
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.
5A
The
FCA's
powers under this section may be exercised on a request made in the exercise of
relevant functions
by—
a
an overseas regulator, or
b
ESMA.
5B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
In this section—
- “
overseas regulator
” means—
  1. 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
  2. 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—
  1. in relation to a competent authority of an EEA State, its functions under the EU short selling regulation;
  2. in relation to ESMA, its functions under the EU short selling regulation;
  3. 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.
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. 8A inserted (8.6.2010) by Financial Services Act 2010 (c. 28), ss. 8, 26(2)(b)
Words in s. 131E(2) substituted (1.11.2012) by The Financial Services and Markets Act 2000 (Short Selling) Regulations 2012 (S.I. 2012/2554), regs. 1(1), 2(3)(b)
S. 131E(6) substituted (31.12.2020) by The Short Selling (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1321), regs. 1(2), 2(2)(d) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
S. 131E(5A)(a) substituted (31.12.2020) by The Short Selling (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1321), regs. 1(2), 2(2)(b)(ii) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 131E(5A) substituted (31.12.2020) by The Short Selling (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1321), regs. 1(2), 2(2)(b)(i) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
S. 131E(5B) omitted (31.12.2020) by virtue of The Short Selling (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1321), regs. 1(2), 2(2)(c) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 131E(2) inserted (31.12.2020) by The Short Selling (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1321), regs. 1(2), 2(2)(a) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
S. 131E(5A)(5B) inserted (1.11.2012) by The Financial Services and Markets Act 2000 (Short Selling) Regulations 2012 (S.I. 2012/2554), regs. 1(1), 2(3)(c)
S. 131E(7) omitted (1.11.2012) by virtue of The Financial Services and Markets Act 2000 (Short Selling) Regulations 2012 (S.I. 2012/2554), regs. 1(1), 2(3)(d)
Word in s. 131E(1) omitted (1.11.2012) by virtue of The Financial Services and Markets Act 2000 (Short Selling) Regulations 2012 (S.I. 2012/2554), regs. 1(1), 2(3)(a)
Word in Pt. 8A substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 25(1), 122(3) (with s. 25(2), Sch. 20); S.I. 2013/423, art. 3, Sch.
Pt. 8A omitted (14.1.2025 for specified purposes) by virtue of The Short Selling Regulations 2025 (S.I. 2025/29), reg. 2(2)(3), Sch. 2 para. 1(2) (with reg. 27)