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SCHEDULES

[F1SCHEDULE 17AU.K. Further provision in relation to exercise of Part 18 functions [F2, or other FMI functions,] by Bank of England

Textual Amendments

F1Sch. 17A inserted (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. 29(2), 122(3), Sch. 7 (with Sch. 20); S.I. 2013/113, art. 2(1)(b)(c), Sch. Pts. 2, 3; S.I. 2013/423, art. 3, Sch.

F2Words in Sch. 17A heading inserted (1.1.2024 at 1.00 a.m. for specified purposes, 1.8.2024 in so far as not already in force) by Financial Services and Markets Act 2023 (c. 29), ss. 50(5), 86(3); S.I. 2023/1382, regs. 10(f), 11(b)

Part 2U.K.Application of provisions of this Act in relation to Bank of England

Information gathering and investigationsU.K.

11(1)The powers conferred by section 165(1) and (3) (power to require information) are exercisable by the Bank or (as the case may be) its officers to impose requirements on—U.K.

(a)a recognised clearing house;

[F3(aa)a recognised CSD;

[F4(ab)a third country CSD, in relation to any services referred to in the Annex to the CSD regulation which the third country CSD provides in the United Kingdom;]]

[F5(ac)a third country central counterparty and any person to whom that central counterparty has outsourced operational functions, services or activities.]

(b)a person who for the purposes of section 165 is connected with a recognised clearing house [F6, a third country central counterparty] [F7[F8or a recognised CSD] (as the case may be)].

(2)The information or documents that the Bank may require to be provided or produced are limited to—

(a)information or documents reasonably required in connection with the exercise by the Bank of functions conferred on it by or under this Part of this Act;

(b)information or documents reasonably required in connection with the exercise by the Bank of any of its other functions in pursuance of its financial stability objective; F9...

(c)information or documents which the Bank reasonably considers may enable or assist the FCA in discharging functions conferred on the FCA by or under this Act [F10; and

[F11(d)information or documents reasonably required in connection with the exercise by the Bank of its functions—

(i)under—

(aa)the EMIR regulation,

(bb)the CSD regulation,

(cc)any EU regulation originally made under the CSD Regulation which is [F12assimilated direct] legislation, or

(dd)any subordinate legislation made under the CSD Regulation on or after IP completion day;

(ii)in connection with Article 4 or 15 of the SFT regulation; or

(iii)under any subordinate legislation made under the SFT regulation on or after IP completion day.]

(3)In consequence of the provision made by sub-paragraph (2), section 165(4) is not to apply in relation to section 165(1) and (3) as applied by this paragraph.]]

Textual Amendments

F3Sch. 17A para. 11(1)(aa)(ab) inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), regs. 1, 2(39)(c)(i) (with regs. 7(4), 9(1))

F7Words in Sch. 17A para. 11(1)(b) inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), regs. 1, 2(39)(c)(ii) (with regs. 7(4), 9(1))

F11Sch. 17A para. 11(2)(d) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 116(b) (as amended by S.I. 2020/1301, regs. 1, 3, Sch. para. 33(j)); 2020 c. 1, Sch. 5 para. 1(1)