[F114(1)The power conferred by section 168(5) (appointment of persons to carry out investigations in particular cases) is exercisable by the Bank.U.K.
(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)a clearing house [F2or a central securities depository] may have contravened any [F3qualifying provision] that is specified, or of a description specified, for the purposes of this sub-paragraph by the Treasury by order;
(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).]
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 para. 14(2)(a)-(e) inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), regs. 1, 2(39)(f)(i) (with regs. 7(4), 9(1))
F3Words in Sch. 17A para. 14(2)(d) substituted (31.12.2020) by The Investment Exchanges, Clearing Houses and Central Securities Depositories (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/662), regs. 1(3), 13(3)(a) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
F4Sch. 17A para. 14(2)(f) omitted (31.12.2020) by virtue of The Investment Exchanges, Clearing Houses and Central Securities Depositories (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/662), regs. 1(3), 13(3)(b) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
F5Sch. 17A para. 14(2)(g)(h) inserted (31.12.2020) by The Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2020 (S.I. 2020/646), regs. 1(3), 2(5)(c) (with savings in S.I. 2019/680, reg. 11 as amended by S.I. 2020/646, reg. 12)