SCHEDULES
SCHEDULE 12

Amendments of Parts 11 and 23 of FSMA 2000
PART 1

Part 11 of FSMA 2000: information gathering and investigations
4
In section 165C (orders under section 165A(2)(d)) for subsection (1) substitute—
1
The Treasury may make an order under section 165A(2)(d) only if either or both of the following conditions is met in relation to the provision made by the order.
1A
Condition A is that the Treasury consider that—
a
the activities carried on by the prescribed person or persons of the prescribed description, or the way in which those activities (or any part of them) are carried on, or
b
any failure to carry on those activities (or any part of them),
pose, or would be likely to pose, a serious threat to the stability of the UK financial system.
1B
Condition B is that the provision implements all or part of a recommendation made by the Financial Policy Committee of the Bank of England under section 9P of the Bank of England Act 1998.
Sch. 12 para. 4 in force at 1.4.2013 by S.I. 2013/423, art. 3, Sch.