[F1Part 8AU.K.Short selling

Textual Amendments

F1Pt. 8A inserted (8.6.2010) by Financial Services Act 2010 (c. 28), ss. 8, 26(2)(b)

Power to require informationU.K.

131EPower to require informationU.K.

(1)The [F2FCA] may, by notice in writing, require a person F3...—

(a)to provide specified information or information of a specified description; or

(b)to produce specified documents or documents of a specified description.

(2)This section applies only to information and documents that the [F2FCA] reasonably requires for the purpose of [F4the exercise by it of functions under the short selling regulation].

(3)Information or documents required under this section must be provided or produced—

(a)before the end of such reasonable period as may be specified; and

(b)at such place as may be specified.

(4)The [F2FCA] may require any information provided under this section to be provided in such form as it may reasonably require.

(5)The [F2FCA] may require—

(a)any information provided, whether in a document or otherwise, to be verified in such manner as it may reasonably require; or

(b)any document produced to be authenticated in such manner as it may reasonably require.

[F5(5A)The [F2FCA's] powers under this section may be exercised on a request made in the exercise of functions under the short selling regulation by—

(a)the competent authority for the purposes of that regulation of an EEA State other than the United Kingdom, or

(b)ESMA.

(5B)If a request of the kind mentioned in subsection (5A) has been made to the [F2FCA], the [F2FCA] must, in deciding whether or not to exercise its powers under this section in response to the request, consider whether it is necessary to do so to comply with the short selling regulation.]

(6) In this section “ specified ” means specified in the notice.

F6(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F2Word in Pt. 8A substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 25(1), 122(3) (with s. 25(2), Sch. 20); S.I. 2013/423, art. 3, Sch.