Part XXIII Public Record, Disclosure of Information and Co-operation
The public record
I1347 The record of authorised persons etc.
1
The F9FCA must maintain a record of every—
b
authorised unit trust scheme;
F10ba
authorised contractual scheme;
c
authorised open-ended investment company;
d
recognised scheme;
e
recognised investment exchange;
F5f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
individual to whom a prohibition order relates;
F2ha
person to whom subsection (2A) applies; and
i
person falling within such other class (if any) as the F9FCA may determine.
2
The record must include such information as the F9FCA considers appropriate and at least the following information—
a
in the case of a person appearing to the F9FCA to be an authorised person—
i
information as to the services which he holds himself out as able to provide; and
ii
any address of which the F9FCA is aware at which a notice or other document may be served on him;
b
in the case of an authorised unit trust scheme, the name and address of the manager and trustee of the scheme;
F11ba
in the case of an authorised contractual scheme, the name and address of the operator and depositary of the scheme;
c
in the case of an authorised open-ended investment company, the name and address of—
i
the company;
ii
if it has only one director, the director; and
iii
its depositary (if any);
d
in the case of a recognised scheme, the name and address of—
i
the operator of the scheme; and
ii
any representative of the operator in the United Kingdom;
f
in the case of an individual to whom a prohibition order relates—
i
his name; and
ii
details of the effect of the order;
g
in the case of a person who is an approved person—
i
his name;
ii
the name of the relevant authorised person;
iii
if the approved person is performing a controlled function under an arrangement with a contractor of the relevant authorised person, the name of the contractor.
F32A
This subsection applies to—
a
an appointed representative to whom subsection (1A) of section 39 applies for whom the applicable register (as defined by subsection (1B) of that section) is the record maintained by virtue of subsection (1)(ha) above;
b
a person mentioned in subsection (1)(a) of section 39A if—
i
the contract with an authorised person to which he is party complies with the applicable requirements (as defined by subsection (7) of that section), and
ii
the authorised person has accepted responsibility in writing for the person's activities in carrying on investment services business (as defined by subsection (8) of that section); and
c
any person not falling within paragraph (a) or (b) in respect of whom the F9FCA considers that a record must be maintained for the purpose of securing compliance with Article 23.3 of the markets in financial instruments directive (registration of tied agents).
3
4
But if the F9FCA decides not to remove the entry, it must—
a
make a note to that effect in the record; and
b
state why it considers that the person has ceased to be a person to whom that paragraph applies.
5
The F9FCA must—
a
make the record available for inspection by members of the public in a legible form at such times and in such place or places as the F9FCA may determine; and
b
provide a certified copy of the record, or any part of it, to any person who asks for it—
i
on payment of the fee (if any) fixed by the F9FCA; and
ii
in a form (either written or electronic) in which it is legible to the person asking for it.
6
The F9FCA may—
a
publish the record, or any part of it;
b
exploit commercially the information contained in the record, or any part of that information.
7
“Authorised unit trust scheme”, F12“authorised contractual scheme”, “authorised open-ended investment company” and “recognised scheme” have the same meaning as in Part XVII, and associated expressions are to be read accordingly.
8
“Approved person” means a person in relation to whom the F8FCA or the PRA has given its approval under section 59 and “controlled function” and “arrangement” have the same meaning as in that section.
9
“Relevant authorised person” has the meaning given in section 66.
347AF4Duty of PRA to disclose information relevant to the record
1
The PRA must, for the purpose of assisting the FCA to comply with its duty under section 347—
a
notify the FCA if the information included in the record as required under section 347(2)(a) appears to the PRA to be incomplete or inaccurate,
b
if it makes a prohibition order relating to an individual, provide the FCA with information falling within section 347(2)(f) in relation to that order,
c
where it is the appropriate regulator in relation to an approved person, provide the FCA with information falling within section 347(2)(g) in relation to that approved person, and
d
where the FCA has notified the PRA that it considers it appropriate to include in the record information of a certain description, disclose to the FCA such information of that description as the PRA has in its possession.
2
The duty to provide information under this section does not apply to information which the PRA reasonably believes is in the possession of the FCA.
3
Subsection (1) does not require or authorise the disclosure of information whose disclosure is prohibited by or under section 348.
4
This section is without prejudice to any other power to disclose information.
5
In this section references to the “record” are to the record maintained under section 347.