SCHEDULES

SCHEDULE 2Prudential regulation of FCA investment firms

PART 2Minor and consequential amendments

8

(1)

In section 168(4), after paragraph (i) insert—

“(ia)

a person may have failed to comply with section 143R;

(ib)

an individual may have performed or agreed to perform a function in breach of a Part 9C prohibition order;

(ic)

a person may have failed to comply with section 143S(6);”.

(2)

Section 171 (powers of person appointed under section 167) is amended as follows.

(3)

In subsection (1), for the words before paragraph (a) substitute “ An investigator may require a person to whom subsection (1A) applies— ”.

(4)

After subsection (1) insert—

“(1A)

This subsection applies to the following persons—

(a)

the person who is the subject of the investigation (“the person under investigation”);

(b)

any person connected with the person under investigation;

(c)

where the person under investigation is an FCA investment firm, a person who provides, or has provided, a service to the firm or to a relevant parent undertaking of the firm;

(d)

where the person under investigation is a relevant parent undertaking of an FCA investment firm, a person who provides, or has provided, a service to the parent undertaking or to the firm.”