- Latest available (Revised)
- Point in Time (01/04/2013)
- Original (As enacted)
Version Superseded: 01/03/2017
Point in time view as at 01/04/2013. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Financial Services and Markets Act 2000, Section 165A is up to date with all changes known to be in force on or before 21 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The [F3PRA] may, by notice in writing given to a person to whom this section applies, require the person—
(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 to—
(a)a person who has a legal or beneficial interest in any of the assets of a relevant investment fund;
(b)a person who is responsible for the management of a relevant investment fund;
(c)a person (a “service provider”) who provides any service to an authorised person;
(d)a person prescribed by an order made by the Treasury or any person of a description prescribed by such an order (and see also section 165C);
(e)a person who is connected with a person to whom this section applies as a result of any of the above paragraphs.
(3)This section applies only to information and documents that the [F3PRA] considers are, or might be, relevant to the stability of one or more aspects of the UK financial system.
(4)A notice may be given to a service provider, or to a person who is connected with a service provider, only if the [F3PRA] considers that—
(a)the service or the way in which it (or any part of it) is provided, or
(b)any failure to provide the service (or any part of it),
poses, or would be likely to pose, a serious threat to the stability of the UK financial system.
(5)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.
(6)The [F3PRA] may require any information provided under this section to be provided in such form as it may reasonably require.
(7)The [F3PRA] 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.
(8)In this section—
“management” includes any of the activities listed in Annex II to the UCITS directive;
“relevant investment fund” means an investment fund whose assets consist of or include financial instruments which—
are traded in the United Kingdom; or
were issued by a body incorporated in the United Kingdom;
“service” includes facility;
“specified” means specified in the notice.
(9)For the purposes of the definition of “relevant investment fund”—
(a)arrangements may constitute an investment fund even if there is only one person participating in the arrangements; and
(b)the reference to financial instruments has the meaning given by Article 4.1(17) of the markets in financial instruments directive.
(10)For the purposes of this section a person is connected with another person (“A”) if the person is or has at any relevant time been—
(a)a member of A's group;
(b)a controller of A;
(c)any other member of a partnership of which A is a member; or
(d)in relation to A, a person mentioned in Part 1 of Schedule 15 (reading references in that Part to the authorised person as references to A).]
Textual Amendments
F1S. 165A-165C inserted (8.6.2010) by Financial Services Act (c. 28), {ss. 18(2)}, 26(2)
F2Word in s. 165A heading substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 12 para. 2(b) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F3Word in s. 165A substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 12 para. 2(a) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: