C5C6C7C8C9C11C14C13C16 Part XI Information Gathering and Investigations
Pt. 11 applied (with modifications) (1.5.2009 for certain purposes and 1.11.2009 otherwise) by The Payment Services Regulations 2009 (S.I. 2009/209), regs. 1(2), 95, Sch. 5 para. 3 (with reg. 3) (as amended (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 155(6)(c) (with Sch. 2 para. 156); and (26.6.2017) by The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692), reg. 1(2), Sch. 7 para. 24(9) (with regs. 8, 15))
Pt. 11 applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 19, Sch. para. 2
Pt. 11 applied (with modifications) (30.4.2011) by The Electronic Money Regulations 2011 (S.I. 2011/99), reg. 62, Sch. 3 para. 3 (with reg. 3) (as amended (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 196(5)(c); and (14.2.2014 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2014 (S.I. 2014/366), arts. 1(4), 18(4)(b); and (10.1.2020) by The Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (S.I. 2019/1511), regs. 1(2), 19 and (31.12.2020) by S.I. 2018/1201, reg. 1(3), Sch. 2 para. 21(3)(a)-(c) (with reg. 4, Sch. 3 Pt. 1) (with further transitional provisions in Sch. 3 Pt. 1A as inserted by S.I. 2019/405, regs. 1, 10 and as amended by S.I. 2019/1010, regs. 1(3), 7; S.I. 2019/1212, regs. 1(2), 7; and S.I. 2020/56, regs. 1, 8))
Pt. 11 applied (with modifications) (15.1.2013) by The Payments in Euro (Credit Transfers and Direct Debits) Regulations 2012 (S.I. 2012/3122), reg. 1, Sch. para. 2 (as amended (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 248(6)(b))
Pt. 11 applied (with modifications) (E.W.) (9.7.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Referral Fees) Regulations 2013 (S.I. 2013/1635), regs. 1, 13
Pt. 11 applied (with modifications) (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services Act 2012 (Consumer Credit) Order 2013 (S.I. 2013/1882), arts. 1(1), 3(5)
Pt. 11 modified (temp. to 1.4.2014) (31.12.2013) by The Financial Services and Markets Act 2000 (Consumer Credit) (Transitional Provisions) Order 2013 (S.I. 2013/3128), arts. 1(1), 4(1)(2)
Pt. 11 applied (with modifications) (12.12.2014) by The Immigration Act 2014 (Bank Accounts) Regulations 2014 (S.I. 2014/3085), regs. 1, 14
Appointment of investigators
I1C1C12C14C15C18168 Appointment of persons to carry out investigations in particular cases.
1
Subsection (3) applies if it appears to an investigating authority that there are circumstances suggesting that—
F7a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
a person may be guilty of an offence under section 177, F8191F, 346 or 398(1) or under Schedule 4.
2
Subsection (3) also applies if it appears to an investigating authority that there are circumstances suggesting that—
a
b
there may have been a breach of the general prohibition;
F10ba
an authorised person may have contravened section 20 in relation to a credit-related regulated activity;
c
there may have been a contravention of section 21 or 238; or
d
market abuse may have taken place.
C23
The investigating authority may appoint one or more competent persons to conduct an investigation on its behalf.
C3C174
Subsection (5) applies if it appears to F11an investigating authority that there are circumstances suggesting that—
a
a person may have contravened section 20;
b
a person may be guilty of an offence under prescribed regulations relating to money laundering;
F1ba
a person may be guilty of an offence under Schedule 7 to the Counter-Terrorism Act 2008 (terrorist financing or money laundering);
F13ca
a recognised investment exchange may have contravened the recognition requirements (within the meaning of Part 18);
d
an individual may not be a fit and proper person to perform functions in relation to a regulated activity carried on by an authorised or exempt person;
e
an individual may have performed or agreed to perform a function in breach of a prohibition order;
f
F14a person may have failed to comply with section 56(6);
g
an authorised person may have failed to comply with section 59(1) or (2);
h
F4ha
a person may have performed a controlled function without approval for the purposes of section 63A;
j
a person may have contravened any provision made by or under this Act for the purpose of implementing the markets in financial instruments directive F16...
F20ja
a person may have contravened—
i
any provision made by or under this Act for the purpose of implementing the alternative investment fund managers directive; or
ii
any provision made by the Alternative Investment Fund Managers Regulations 2013; or
F17k
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.
C2C175
The F18investigating authority may appoint one or more competent persons to conduct an investigation on its behalf.
C17F196
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.
Pt. 11 modified (1.12.2001) by S.I. 2001/2657, arts. 1(1), 18(2) (which was revoked (8.10.2001) by S.I. 2001/3083, arts. 1(2), 23); S.I. 2001/3538, art. 2(1)
Pt. 11 modified (1.12.2001) by S.I. 2001/3083, arts. 1(2), 18(2)(4); S.I. 2001/3538, art. 2(1)
Pt. 11 extended (with modifications) (1.12.2001) by S.I. 2001/3646, arts. 1(1), 6-9