F1SCHEDULE 17A Further provision in relation to exercise of Part 18 functions by Bank of England
Part 2Application of provisions of this Act in relation to Bank of England
Information gathering and investigations
14
(1)
The power conferred by section 168(5) (appointment of persons to carry out investigations in particular cases) is exercisable by the Bank.
(2)
That power is exercisable if it appears to the Bank that there are circumstances suggesting that—
(a)
a clearing house F2or a central securities depository may be guilty of an offence under section 398(1) or an offence under prescribed regulations relating to money laundering;
(b)
a clearing house F2or a central securities depository may have contravened a rule made by the Bank under this Part of this Act;
(c)
a clearing house F2or a central securities depository may have contravened the recognition requirements;
(d)
(e)
a clearing house F2or a central securities depository may have breached the general prohibition.
F4(f)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(g)
a third country central counterparty may be guilty of an offence under section 398(1);
(h)
a Tier 2 third country central counterparty may have contravened the requirements of the EMIR regulation.
(3)
In addition to the powers conferred by section 171, a person conducting an investigation under section 168(5) as a result of this paragraph is to have the powers conferred by sections 172 and 173 (and for this purpose the references in those sections to an investigator are to be read accordingly).