C5C6C7C8C9C11C14C13C16C18C17 Part XI Information Gathering and Investigations

Annotations:
Modifications etc. (not altering text)
C5

Pt. 11 modified (1.12.2001) by S.I. 2001/2657, arts. 1(1), 18(2) (which was revoked (8.10.2001) by S.I. 2001/3083, arts. 1(2), 23); S.I. 2001/3538, art. 2(1)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

C7

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

C14

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)

C16

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

Appointment of investigators

I1C1C12C14C15C20168 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—

F7a

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

b

a person may be guilty of an offence under section 177, F8191F, 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) F21or 333GF9or under Part 7 of the Financial Services Act 2012 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;

F10ba

an authorised person may have contravened section 20 in relation to a credit-related regulated activity;

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.

C3C194

Subsection (5) applies if it appears to F11an investigating 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;

F1ba

a person may be guilty of an offence under Schedule 7 to the Counter-Terrorism Act 2008 (terrorist financing or money laundering);

C4C10c

F2a person may have contravened a rule made by the F12investigating authority;

F13ca

a recognised investment exchange may have contravened the recognition requirements (within the meaning of Part 18);

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

F14a 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 F15a regulator has given its approval under section 59 may not be a fit and proper person to perform the function to which that approval relates; F3. . .

F4ha

a person may have performed a controlled function without approval for the purposes of section 63A;

i

a person may be guilty of misconduct for the purposes of section 66 F5; F6...

j

a person may have contravened any provision made by or under this Act for the purpose of implementing the markets in financial instruments directive F16...

F20ja

a person may have contravened—

i

any provision made by or under this Act for the purpose of implementing the alternative investment fund managers directive; F22...

ii

any provision made by the Alternative Investment Fund Managers Regulations 2013; F23...

F24iii

any provision made by or under this Act for the purpose of implementing the UCITS Directive; or

iv

any provision made by the Undertakings for Collective Investment in Transferable Securities Regulations 2011; or.

F17k

a person may have contravened a qualifying EU provision that is specified, or of a description specified, for the purposes of this subsection by the Treasury by order.

C2C195

The F18investigating authority may appoint one or more competent persons to conduct an investigation on its behalf.

C19F196

Investigating authority” means—

a

in subsections (1) to (3), the FCA, the PRA or the Secretary of State;

b

in subsections (4) and (5), the FCA or the PRA.