Part 5Miscellaneous

Chapter 2Provision of investigative assistance to overseas regulators

322Authorisation of the provision of investigative assistance

(1)

This section makes provision about how the Secretary of State authorises R to assist O for the purposes of section 319(1)(c).

(2)

The Secretary of State may authorise R to assist O either—

(a)

in relation to one or more specific requests for assistance, or

(b)

generally in respect of requests for assistance of a particular description (including in respect of requests from particular overseas regulators).

(3)

The Secretary of State may withdraw any general authorisation given under subsection (2)(b).

(4)

The Secretary of State must publish—

(a)

any general authorisation given under subsection (2)(b);

(b)

notice of any withdrawal of a general authorisation under subsection (3).

(5)

In considering whether to authorise R to assist O (whether specifically or generally), the Secretary of State must have regard to whether—

(a)

O’s request for assistance is made under, or in accordance with, the terms of an arrangement or agreement (other than a qualifying cooperation arrangement) to which the United Kingdom is a party (and, where it is, the Secretary of State must also have regard to the terms of the arrangement or agreement);

(b)

it would be more appropriate, in relation to the matter in respect of which R’s assistance is requested, for—

(i)

any of R’s powers under the relevant enactment concerned to be exercised solely on behalf of R (and not by virtue of this Chapter), or

(ii)

for functions to be exercised by another person or body in the United Kingdom or in a country or territory other than the country or territory of O;

(c)

R assisting O would be contrary to the public interest.

(6)

In authorising R to assist O, the Secretary of State may impose conditions on R doing so.

(7)

The conditions that may be imposed include conditions—

(a)

requiring R, before assisting O, to obtain an undertaking from O that any information obtained by R in assisting O will not be used, or will only be used, for specified purposes;

(b)

requiring R not to use specified powers that would otherwise be available to R in assisting O;

(c)

requiring R to assist O by using specified powers available to R only in a specified manner;

(d)

requiring R to assist O only in respect of specified matters.

(8)

In subsection (7), “specified” means specified in a condition imposed by the Secretary of State under subsection (6).