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—

C1C2a

person who appears to the Authority to be an authorised person;

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;

C3C4h

approved person; and

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.