C1C2C3C4C5C7 Part XI Information Gathering and Investigations

Annotations:
Modifications etc. (not altering text)
C1

Pt. 11 modified (1.12.2001) by S.I. 2001/2657, arts. 1(1), 18(2) (which was revoked (8.10.2001) by S.I. 2001/3083, arts. 1(2), 23); S.I. 2001/3538, art. 2(1)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

C3

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

Conduct of investigations

C6171 Powers of persons appointed under section 167.

1

An investigator may require the person who is the subject of the investigation (“the person under investigation”) or any person connected with the person under investigation—

a

to attend before the investigator at a specified time and place and answer questions; or

b

otherwise to provide such information as the investigator may require.

2

An investigator may also require any person to produce at a specified time and place any specified documents or documents of a specified description.

3

A requirement under subsection (1) or (2) may be imposed only so far as the investigator concerned reasonably considers the question, provision of information or production of the document to be relevant to the purposes of the investigation.

F13A

Where the investigation relates to a recognised investment exchange, an investigator has the additional powers conferred by sections 172 and 173 (and for this purpose references in those sections to an investigator are to be read accordingly).

4

For the purposes of this section and section 172, a person is connected with the person under investigation (“A”) if he is or has at any relevant time been—

a

a member of A’s group;

b

a controller of A;

c

a partnership of which A is a member; or

d

in relation to A, a person mentioned in Part I or II of Schedule 15.

5

“Investigator” means a person conducting an investigation under section 167.

6

“Specified” means specified in a notice in writing.

F27

The reference in subsection (3A) to a recognised investment exchange does not include a reference to an overseas investment exchange (as defined by section 313(1)).