SCHEDULES

F1SCHEDULE 17A Further provision in relation to exercise of Part 18 functions , or other FMI 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 F3... an offence under prescribed regulations relating to money laundering;

(b)

a F4clearing house F2or a central securities depository F4person 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 F5qualifying 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.

F6(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7F8(g)

a person may be guilty of an offence under section 398(1), as applied by paragraph 30 of this Schedule;

(h)

a Tier 2 third country central counterparty may have contravened the requirements of the EMIR regulation.

F9(i)

an individual may not be a fit and proper person to perform functions in relation to an activity carried on by a relevant recognised body;

(j)

an individual may have performed, or agreed to perform, a function in breach of a Part 18 prohibition order;

(k)

a relevant recognised body may have failed to comply with section 309F(1);

(l)

a relevant recognised body may have failed to comply with section 309G(1);

(m)

a person in relation to whom the Bank has given approval under section 309G may not be a fit and proper person to perform the function to which that approval relates;

(n)

a person may have performed a designated senior management function without approval under section 309G (see section 309U(3));

(o)

a person may be guilty of misconduct for the purposes of section 309Z2.

(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).