SCHEDULES

SCHEDULE 12Amendments of Parts 11 and 23 of FSMA 2000

PART 1Part 11 of FSMA 2000: information gathering and investigations

1

(1)

Section 165 (power to require information) is amended as follows.

(2)

In subsection (1), for “The Authority” substitute “ Either regulator ”.

(3)

In subsection (3), for “Authority” substitute “ regulator ”.

(4)

In subsection (4), for “the Authority” substitute “ either regulator ”.

(5)

In subsections (5) and (6) for “The Authority”, in each place, substitute “ The regulator in question ”.

(6)

In subsection (7), for the words from “exercised” to the end substitute“exercised—

(a)

by either regulator, to impose requirements on a person who is connected with an authorised person;

(b)

by the FCA, to impose requirements on an operator, trustee or depositary of a scheme recognised under section 270 or 272 who is not an authorised person;

(c)

by the FCA, to impose requirements on a recognised investment exchange;

(d)

by the FCA, to impose requirements on a person who is connected with a recognised investment exchange.”.

(7)

In subsection (9)—

(a)

for “the Authority”, in the first place, substitute “ the regulator exercising the power ”,

(b)

for “the Authority's” substitute “that regulator's”, and

(c)

for “the Authority”, in the second place, substitute “ that regulator ”.

(8)

In subsection (11)—

(a)

in the opening words, for “an authorised person” substitute “ another person ”, and

(b)

in paragraph (d), at the end insert “ (reading references in that Part to the authorised person as references to A) ”.

(9)

In the heading, for “Authority's” substitute “Regulators'”.