Explanatory Notes

Financial Services and Markets Act 2000

2000 CHAPTER 8

14 June 2000

Commentary on Sections

Part Vi: Official Listing

Section 97:  Appointment by competent authority of persons to carry out investigations

189.This section allows the competent authority to appoint investigators if it appears to it that there are circumstances suggesting that there may have been a breach of the listing rules; that a director or former director of an issuer was knowingly concerned in a breach; or that there has been a contravention of the criminal offences in sections 83, 85, or 98.  The section applies  the provisions of Part XI as if the investigator were appointed under section 167(1).  This means that the procedures set out in section 170 must be followed and that the investigator will have the powers set out in section 171.