C2Part XIII Incoming Firms: Intervention by Authority
Interpretation
C1I1194 General grounds on which power of intervention is exercisable.
1
The Authority may exercise its power of intervention in respect of an incoming firm if it appears to it that—
a
the firm has contravened, or is likely to contravene, a requirement which is imposed on it by or under this Act (in a case where the Authority is responsible for enforcing compliance in the United Kingdom);
b
the firm has, in purported compliance with any requirement imposed by or under this Act, knowingly or recklessly given the Authority information which is false or misleading in a material particular; or
c
it is desirable to exercise the power in order to protect the interests of actual or potential customers.
2
Subsection (3) applies to an incoming EEA firm falling within sub-paragraph (a) or (b) of paragraph 5 of Schedule 3 which is exercising an EEA right to carry on any Consumer Credit Act business in the United Kingdom.
3
The Authority may exercise its power of intervention in respect of the firm if F1the Office of Fair Trading has informed the Authority that—
a
the firm,
b
any of the firm’s employees, agents or associates (whether past or present), or
c
if the firm is a body corporate, a controller of the firm or an associate of such a controller,
has done any of the things specified in paragraphs (a) to (d) of section 25(2) of the M1Consumer Credit Act 1974.
4
“Associate”, “Consumer Credit Act business” and “controller” have the same meaning as in section 203.
Pt. 13 modified (1.12.2001) by S.I. 2001/3592, arts. 1(2), 114(3)(a) (with art. 23(2))
Pt. 13 extended (1.12.2001) by S.I. 2001/2636, arts. 1(2)(b), 32; S.I. 2001/3538, art. 2(1)
Pt. 13 extended (5.10.2001 for specified purposes otherwise 1.12.2001) by S.I. 2001/3084, art. 2(7); S.I. 2001/3538, art. 2(1)
Pt 13 excluded (1.12.2001) by S.I. 2001/3592, art. 107(2) (with art. 23(2))