C5C6C7C8Part XI Information Gathering and Investigations
Pt. 11 applied (with modifications) (1.5.2009 for certain purposes and 1.11.2009 otherwise) by The Payment Services Regulations 2009 (S.I. 2009/209), regs. 1(2), 95, Sch. 5 para. 3 (with reg. 3) (as amended (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 155(6)(c) (with Sch. 2 para. 156); and (26.6.2017) by The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692), reg. 1(2), Sch. 7 para. 24(9) (with regs. 8, 15))
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
Pt. 11 applied (with modifications) (30.4.2011) by The Electronic Money Regulations 2011 (S.I. 2011/99), reg. 62, Sch. 3 para. 3 (with reg. 3) (as amended (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 196(5)(c); and (14.2.2014 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2014 (S.I. 2014/366), arts. 1(4), 18(4)(b); and (10.1.2020) by The Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (S.I. 2019/1511), regs. 1(2), 19 and (31.12.2020) by S.I. 2018/1201, reg. 1(3), Sch. 2 para. 21(3)(a)-(c) (with reg. 4, Sch. 3 Pt. 1) (with further transitional provisions in Sch. 3 Pt. 1A as inserted by S.I. 2019/405, regs. 1, 10 and as amended by S.I. 2019/1010, regs. 1(3), 7; S.I. 2019/1212, regs. 1(2), 7; and S.I. 2020/56, regs. 1, 8))
Appointment of investigators
I1C1168 Appointment of persons to carry out investigations in particular cases.
1
Subsection (3) applies if it appears to an investigating authority that there are circumstances suggesting that—
a
a person may have contravened any regulation made under section 142; or
b
a person may be guilty of an offence under section 177, 191, 346 or 398(1) or under Schedule 4.
2
Subsection (3) also applies if it appears to an investigating authority that there are circumstances suggesting that—
a
an offence under section 24(1) or 397 or under Part V of the M1Criminal Justice Act 1993 may have been committed;
b
there may have been a breach of the general prohibition;
c
there may have been a contravention of section 21 or 238; or
d
market abuse may have taken place.
C23
The investigating authority may appoint one or more competent persons to conduct an investigation on its behalf.
C34
Subsection (5) applies if it appears to the Authority that there are circumstances suggesting that—
a
a person may have contravened section 20;
b
a person may be guilty of an offence under prescribed regulations relating to money laundering;
C4c
an authorised person may have contravened a rule made by the Authority;
d
an individual may not be a fit and proper person to perform functions in relation to a regulated activity carried on by an authorised or exempt person;
e
an individual may have performed or agreed to perform a function in breach of a prohibition order;
f
an authorised or exempt person may have failed to comply with section 56(6);
g
an authorised person may have failed to comply with section 59(1) or (2);
h
a person in relation to whom the Authority has given its approval under section 59 may not be a fit and proper person to perform the function to which that approval relates; or
i
a person may be guilty of misconduct for the purposes of section 66.
C25
The Authority may appoint one or more competent persons to conduct an investigation on its behalf.
6
“Investigating authority” means the Authority or the Secretary of State.
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