C1 Part VIIIF2Provisions relating to market abuse

Annotations:

F1Powers to require information and supplemental provisions

Annotations:
Amendments (Textual)

122CPower to require information: supplementary

1

If a document is produced in response to a requirement imposed under section 122B, the FCA may—

a

take copies of, or extracts from, the document; or

b

require the person producing the document, or any relevant person, to provide an explanation of the document.

2

In subsection (1)(b) “relevant person”, in relation to a person who is required to produce a document, means a person who—

a

has been, is, or is proposed to be, a director or controller of that person;

b

has been or is an auditor of that person;

c

has been or is an actuary, accountant or lawyer appointed or instructed by that person; or

d

has been or is an employee of that person.

3

If a person who is required under section 122B to produce a document fails to do so, the FCA may require the person to state, to the best of the person’s knowledge and belief, where the document is.

4

A lawyer may be required under section 122B to provide the name and address of the lawyer’s client.

5

A person (“P”) may not be required under section 122A or 122B to disclose information or produce a document in respect of which P owes an obligation of confidence by virtue of carrying on the business of banking unless condition A, B or C is met.

6

Condition A is met if the FCA suspects that P or a member of P’s group—

a

has contravened Article 14 (prohibition of insider dealing and of unlawful disclosure of inside information) or Article 15 (prohibition of market manipulation) of the market abuse regulation; or

b

has contravened, or been knowingly concerned in the contravention of—

i

a provision of the market abuse regulation other than Article 14 or 15 of that regulation; or

ii

a provision of a supplementary EU regulation.

7

Condition B is met if the FCA suspects that the person to whom the obligation of confidence is owed or a member of that person’s group—

a

has contravened Article 14 or Article 15 of the market abuse regulation; or

b

has contravened, or been knowingly concerned in the contravention of—

i

a provision of the market abuse regulation other than Article 14 or 15 of that regulation; or

ii

a provision of a supplementary EU regulation.

8

Condition C is met if the person to whom the obligation of confidence is owed consents to the disclosure or production.

9

If a person claims a lien on a document, its production under section 122B does not affect the lien.