C4C5C6C7C8C9C13C11C15C17C16C19C21C22C20C23C24C25C28C26C29C31C32C30 Part XI Information Gathering and Investigations

Annotations:
Modifications etc. (not altering text)
C4

Pt. 11 modified (1.12.2001) by S.I. 2001/2657, arts. 1(1), 18(2) (which was revoked (8.10.2001) by S.I. 2001/3083, arts. 1(2), 23); S.I. 2001/3538, art. 2(1)

Pt. 11 modified (1.12.2001) by S.I. 2001/3083, arts. 1(2), 18(2)(4); S.I. 2001/3538, art. 2(1)

Pt. 11 extended (with modifications) (1.12.2001) by S.I. 2001/3646, arts. 1(1), 6-9

C6

Pt. 11 applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 19, Sch. para. 2

C13

Pt. 11 applied (with modifications) (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services Act 2012 (Consumer Credit) Order 2013 (S.I. 2013/1882), arts. 1(1), 3(5)

C15

Pt. 11 applied (with modifications) (12.12.2014) by The Immigration Act 2014 (Bank Accounts) Regulations 2014 (S.I. 2014/3085), regs. 1, 14

C19

Pt. 11 applied (with modifications) (18.9.2016) by The Payment Accounts Regulations 2015 (S.I. 2015/2038), reg. 1(2)(b), Sch. 7 para. 2

C21

Pt. 11 applied (with modifications) (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 1 para. 19(1) (with reg. 7)

C22

Pt. 11 applied (with modifications) (3.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Data Reporting Services Regulations 2017 (S.I. 2017/699), regs. 1(2)(a)(b), 33

C23

Pt. 11 applied (with modifications) (13.1.2018) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(6), Sch. 6 para. 4 (with reg. 3) (as amended by S.I. 2018/1201, reg. 1(3), Sch. 2 para. 72(3) (with reg. 4, Sch. 3 Pt. 2) (as amended by S.I. 2020/56, regs. 1, 8))

C28

Pt. 11 modified (E.W.S.) (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 82(13)

C26

Pt. 11 applied (with modifications) (1.1.2019) by The Securitisation Regulations 2018 (S.I. 2018/1288), reg. 1, Sch. 1 para. 3 (with Sch. 1 paras. 13, 14)

C29

Pt. 11 applied (with modifications) (10.6.2019) by The Proxy Advisors (Shareholders Rights) Regulations 2019 (S.I. 2019/926), regs. 1, 20, 22 (as amended by S.I. 2020/628, regs. 1(4), 15(5))

Appointment of investigators

C1C2C3C10C13C14C18C28C27167 Appointment of persons to carry out general investigations.

C121

If it appears to F3an investigating authority that there is good reason for doing so, the investigating authority may appoint one or more competent persons to conduct an investigation on its behalf into—

a

the nature, conduct or state of the business of F10a person to whom subsection (1A) applies or an appointed representative;

b

a particular aspect of that business; or

c

the ownership or control of F11a person to whom subsection (1A) applies.

F81A

This subsection applies to the following persons—

a

a recognised investment exchange;

b

an authorised person;

c

a relevant parent undertaking of an FCA investment firm;

d

a person who provides a service to an FCA investment firm or to a relevant parent undertaking of such a firm.

2

If a person appointed under subsection (1) thinks it necessary for the purposes of his investigation, he may also investigate the business of a person who is or has at any relevant time been—

a

a member of the group of which the person under investigation (“A”) is part; F5...

b

a partnership of which A is a member F6; or

F4c

where A is an insurance undertaking, reinsurance undertaking or third-country insurance undertaking, a person who provides services to A.

3

If a person appointed under subsection (1) decides to investigate the business of any person under subsection (2) he must give that person written notice of his decision.

F73A

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

F94A

The power conferred by this section may be exercised in relation to a person who has at any time been an authorised person or a person described in subsection (1A)(c) or (d) but only in relation to—

a

business carried on at any time when the person was an authorised person or a person described in subsection (1A)(c) or (d), or

b

the ownership or control of the person at such a time.

4B

The power conferred by this section may be exercised in relation to a person who has at any time been an appointed representative but only in relation to business carried on at any time when the person was an appointed representative.

5

Business” includes any part of a business even if it does not consist of carrying on regulated activities.

F25A

“Investigating authority” means—

a

in relation to a recognised investment exchange, the Secretary of State or the FCA;

b

in relation to an authorised person or former authorised person, the FCA or the PRA;

c

in relation to an appointed representative or former appointed representative, the FCA or the PRA.

F12d

in relation to a person who is, or has at any time been, a person described in subsection (1A)(c) or (d) who is not an authorised person, the FCA.

F16

References in subsection (1) to a recognised investment exchange do not include references to an overseas investment exchange (as defined by section 313(1)).