Part XXIII Public Record, Disclosure of Information and Co-operation
The public record
I1347 The record of authorised persons etc.
1
The Authority must maintain a record of every—
b
authorised unit trust scheme;
c
authorised open-ended investment company;
d
recognised scheme;
e
recognised investment exchange;
f
recognised clearing house;
g
individual to whom a prohibition order relates;
i
person falling within such other class (if any) as the Authority may determine.
2
The record must include such information as the Authority considers appropriate and at least the following information—
a
in the case of a person appearing to the Authority to be an authorised person—
i
information as to the services which he holds himself out as able to provide; and
ii
any address of which the Authority is aware at which a notice or other document may be served on him;
b
in the case of an authorised unit trust scheme, the name and address of the manager and trustee of the scheme;
c
in the case of an authorised open-ended investment company, the name and address of—
i
the company;
ii
if it has only one director, the director; and
iii
its depositary (if any);
d
in the case of a recognised scheme, the name and address of—
i
the operator of the scheme; and
ii
any representative of the operator in the United Kingdom;
e
in the case of a recognised investment exchange or recognised clearing house, the name and address of the exchange or clearing house;
f
in the case of an individual to whom a prohibition order relates—
i
his name; and
ii
details of the effect of the order;
g
in the case of a person who is an approved person—
i
his name;
ii
the name of the relevant authorised person;
iii
if the approved person is performing a controlled function under an arrangement with a contractor of the relevant authorised person, the name of the contractor.
3
If it appears to the Authority that a person in respect of whom there is an entry in the record as a result of one of the paragraphs of subsection (1) has ceased to be a person to whom that paragraph applies, the Authority may remove the entry from the record.
4
But if the Authority decides not to remove the entry, it must—
a
make a note to that effect in the record; and
b
state why it considers that the person has ceased to be a person to whom that paragraph applies.
5
The Authority must—
a
make the record available for inspection by members of the public in a legible form at such times and in such place or places as the Authority may determine; and
b
provide a certified copy of the record, or any part of it, to any person who asks for it—
i
on payment of the fee (if any) fixed by the Authority; and
ii
in a form (either written or electronic) in which it is legible to the person asking for it.
6
The Authority may—
a
publish the record, or any part of it;
b
exploit commercially the information contained in the record, or any part of that information.
7
“Authorised unit trust scheme”, “authorised open-ended investment company” and “recognised scheme” have the same meaning as in Part XVII, and associated expressions are to be read accordingly.
8
“Approved person” means a person in relation to whom the Authority has given its approval under section 59 and “controlled function” and “arrangement” have the same meaning as in that section.
9
“Relevant authorised person” has the meaning given in section 66.