Financial Services and Markets Act 2000

Changes over time for: Section 97

Alternative versions:

Changes to legislation:

Financial Services and Markets Act 2000, Section 97 is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Section 97:

s. 97(1)(a)(ii) substituted by S.I. 2019/707 reg. 31(a) (This amendment not applied to legislation.gov.uk. Reg. 31(a)(b) substituted immediately before IP completion day by virtue of S.I. 2019/1234, regs. 1(3), 18)
s. 97(1)(b)(ii) substituted by S.I. 2019/707 reg. 31(b) (This amendment not applied to legislation.gov.uk. Reg. 31(a)(b) substituted immediately before IP completion day by virtue of S.I. 2019/1234, regs. 1(3), 18)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Act power to apply conferred (temp. until 15.5.2039) by 2014 c. 21 s. 79(4)
Act power to apply conferred (temp. until 15.5.2039) by 2014 c. 21 s. 81(10)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Pt. 20C inserted by 2016 c. 14 s. 30(3)
s. 31(1)(aa) inserted by 2021 c. 22 s. 22(2)
s. 32A inserted by 2021 c. 22 s. 22(3)
s. 32A power to apply (with modifications) conferred by 2021 c. 22 s. 23(10)
s. 36A and cross-heading inserted by 2021 c. 22 s. 22(4)
s. 71J and cross-heading inserted by 2021 c. 22 Sch. 8 para. 4
s. 86(9A) inserted by S.I. 2019/707 reg. 8(9) (This amendment not applied to legislation.gov.uk. Reg. 8(6)-(10) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 13(c))
s. 87A(11) inserted by S.I. 2019/707 reg. 10(5) (This amendment not applied to legislation.gov.uk. Reg. 10(4)(5) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 15(b))
s. 124(10)(c)(i) word omitted by S.I. 2019/310 reg. 5(11)(b) (This amendment not applied to legislation.gov.uk. Reg. 5(11)(b) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(2)(e))
s. 129(7)(a) word inserted by S.I. 2019/310 reg. 5(12)(a)(i) (This amendment not applied to legislation.gov.uk. Reg. 5(12)(a)(b) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(2)(f))
s. 129(7)(c) omitted and word by S.I. 2019/310 reg. 5(12)(a)(ii) (This amendment not applied to legislation.gov.uk. Reg. 5(12)(a)(b) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(2)(f))
s. 214(5A) inserted by 2021 c. 22 Sch. 8 para. 8
s. 234I(9) inserted by 2024 c. 13 Sch. 29 para. 3(2)
s. 234J(6) inserted by 2024 c. 13 Sch. 29 para. 3(3)
s. 367A inserted by 2021 c. 22 Sch. 8 para. 10
s. 395(13)(h)(i) inserted by 2021 c. 22 Sch. 8 para. 12(2)(c)
s. 395(13)(bc)-(be) word inserted by 2021 c. 22 Sch. 8 para. 12(2)(b)
s. 395(14) inserted by 2021 c. 22 Sch. 8 para. 12(3)
s. 398(8) applied by S.I. 2024/102 reg. 34(7)reg. 34(8)(f)
s. 427A(3) words substituted by 2002 c. 40 Sch. 17 para. 59 (This amendment not applied to legislation.gov.uk. The Financial Services and Markets Act 2000 does not contain a section 427A.)
Sch. 1ZA para. 32(c) and word inserted by 2021 c. 22 Sch. 8 para. 18
Sch. 2A para. 19(2)(b)(iia) inserted by 2023 c. 29 Sch. 10 para. 19(a)
Sch. 2A 2B power to apply (with modifications) conferred by 2021 c. 22 s. 23(10)
Sch. 2A power to apply (with modifications) conferred by 2021 c. 22 s. 23(10)
Sch. 2B inserted by 2021 c. 22 Sch. 7
Sch. 2B power to apply (with modifications) conferred by 2021 c. 22 s. 23(10)
Sch. 6 para. 4A(8) inserted by S.I. 2024/1083 reg. 10(b)
Sch. 11A para. 5(3) inserted by S.I. 2019/707 reg. 38(5)(b) (This amendment not applied to legislation.gov.uk. Reg. 38(2)-(5)(7)(8) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 20)
Sch. 17A para. 12 words substituted by S.I. 2019/662 reg. 13(1) (This amendment not applied to legislation.gov.uk. Reg. 13(1) substituted (25.6.2020) by S.I. 2020/646, regs. 1(2)(c), 11(3))

97 Appointment by [F1FCA] of persons to carry out investigations.U.K.

This section has no associated Explanatory Notes

(1)Subsection (2) applies if it appears to the [F1FCA] that there are circumstances suggesting that—

[F2(a)there may have been a contravention of—

(i)a provision of this Part or of Part 6 rules, F3... [F4or]

[F5(ii)any other provision of qualifying transparency legislation, [F6or]]

[F7(iii)[F8any provision of, or made in accordance with, the prospectus regulation;]]

(b)a person who was at the material time a director of a person mentioned in section 91(1), F9... [F10[F11or (1A),] or section 91(1B) (ignoring paragraph (a)(i) of that provision),] has been knowingly concerned in a contravention by that person of—

(i)a provision of this Part or of Part 6 rules, F12... [F13or]

[F14(ii)any other provision of qualifying transparency legislation, [F15or]]

[F16(iii)[F17any provision of, or made in accordance with, the prospectus regulation;]]]

[F18(ba)a person who was at the material time a relevant officer of a person mentioned in section 91(1B) (ignoring paragraphs (a)(ii) and (b) of that provision) has been knowingly concerned in a contravention [F19by that person of qualifying transparency legislation;]

F20(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The [F1FCA] may appoint one or more competent persons to conduct an investigation on its behalf.

(3)Part XI applies to an investigation under subsection (2) as if—

(a)the investigator were appointed under section 167(1);

(b)references to the investigating authority in relation to him were to the [F1FCA];

(c)[F22references to the offences mentioned in section 168 were to [F23the offences under section 85];]

(d)references to an authorised person were references to the person under investigation.

[F24(4)In this section “relevant officer” has the meaning given by section 91(2B).]]

Textual Amendments

F1Words in ss. 89A-97 substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 16(2)(3)(g), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.