C5C6C7C8Part XV The Financial Services Compensation Scheme

Annotations:
Modifications etc. (not altering text)
C6

Pt. 15 modified (29.9.2008 at 8.00 a.m.) by The Bradford & Bingley plc Transfer of Securities and Property etc. Order 2008 (S.I. 2008/2546), art. 29 (with art. 30(6))

C7

Pt. 15 modified (7.10.2008 at 9.30 a.m.) by The Heritable Bank plc Transfer of Certain Rights and Liabilities Order 2008 (S.I. 2008/2644), art. 14 (with art. 15(8)

Information and documents

C1219 Scheme manager’s power to require information.

1

The scheme manager may, by notice in writing given to the relevant person in respect of whom a claim is made under the scheme or to a person otherwise involved, require that person—

a

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

b

to produce specified documents or documents of a specified description.

C2C3C42

The information or documents must be provided or produced—

a

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

b

in the case of information, in such manner or form as may be specified.

3

This section applies only to information and documents the provision or production of which the scheme manager considers—

a

to be necessary for the fair determination of the claim; or

b

to be necessary (or likely to be necessary) for the fair determination of other claims made (or which it expects may be made) in respect of the relevant person concerned.

C2C3C44

If a document is produced in response to a requirement imposed under this section, the scheme manager may—

a

take copies or extracts from the document; or

b

require the person producing the document to provide an explanation of the document.

C2C3C45

If a person who is required under this section to produce a document fails to do so, the scheme manager may require the person to state, to the best of his knowledge and belief, where the document is.

6

If the relevant person is insolvent, no requirement may be imposed under this section on a person to whom section 220 or 224 applies.

C2C3C47

If a person claims a lien on a document, its production under this Part does not affect the lien.

8

“Relevant person” has the same meaning as in section 224.

9

“Specified” means specified in the notice given under subsection (1).

10

A person is involved in a claim made under the scheme if he was knowingly involved in the act or omission giving rise to the claim.