Part VI Official Listing

Miscellaneous

97 Appointment by F1FCA of persons to carry out investigations.

(1)

Subsection (2) applies if it appears to the F1FCA that there are circumstances suggesting that—

F2(a)

there may have been a contravention of—

(i)

a provision of this Part or of Part 6 rules, F3... F4or

F5(ii)

any other provision of qualifying transparency legislation, F6or

F7(iii)

F8any provision of, or made in accordance with, the prospectus regulation;

(b)

a person who was at the material time a director of a person mentioned in section 91(1), F9... F10F11or (1A), or section 91(1B) (ignoring paragraph (a)(i) of that provision), has been knowingly concerned in a contravention by that person of—

(i)

a provision of this Part or of Part 6 rules, F12... F13or

F14(ii)

any other provision of qualifying transparency legislation, F15or

F16(iii)

F17any provision of, or made in accordance with, the prospectus regulation;

F18(ba)

a person who was at the material time a relevant officer of a person mentioned in section 91(1B) (ignoring paragraphs (a)(ii) and (b) of that provision) has been knowingly concerned in a contravention F19by that person of qualifying transparency legislation;

F20(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

The F1FCA may appoint one or more competent persons to conduct an investigation on its behalf.

(3)

Part XI applies to an investigation under subsection (2) as if—

(a)

the investigator were appointed under section 167(1);

(b)

references to the investigating authority in relation to him were to the F1FCA;

(c)

F22references to the offences mentioned in section 168 were to F23the offences under section 85;

(d)

references to an authorised person were references to the person under investigation.

F24(4)

In this section “relevant officer” has the meaning given by section 91(2B).