C4C5C6C7Part 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Pt. 11 modified (1.12.2001) by S.I. 2001/2657, arts. 1(1), 18(2) (which was revoked (8.10.2001) by S.I. 2001/3083, arts. 1(2), 23); S.I. 2001/3538, art. 2(1)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

Conduct of investigations

C1C2175 Information and documents: supplemental provisions.

1

If the Authority or an investigator has power under this Part to require a person to produce a document but it appears that the document is in the possession of a third person, that power may be exercised in relation to the third person.

C32

If a document is produced in response to a requirement imposed under this Part, the person to whom it is produced may—

a

take copies or extracts from the document; or

b

require the person producing the document, or any relevant person, to provide an explanation of the document.

C33

If a person who is required under this Part to produce a document fails to do so, the Authority or an investigator may require him to state, to the best of his knowledge and belief, where the document is.

C34

A lawyer may be required under this Part to furnish the name and address of his client.

5

No person may be required under this Part to disclose information or produce a document in respect of which he owes an obligation of confidence by virtue of carrying on the business of banking unless—

a

he is the person under investigation or a member of that person’s group;

b

the person to whom the obligation of confidence is owed is the person under investigation or a member of that person’s group;

c

the person to whom the obligation of confidence is owed consents to the disclosure or production; or

d

the imposing on him of a requirement with respect to such information or document has been specifically authorised by the investigating authority.

C36

If a person claims a lien on a document, its production under this Part does not affect the lien.

7

“Relevant person”, in relation to a person who is required to produce a document, means a person who—

a

has been or is or is proposed to be a director or controller of that person;

b

has been or is an auditor of that person;

c

has been or is an actuary, accountant or lawyer appointed or instructed by that person; or

d

has been or is an employee of that person.

8

“Investigator” means a person appointed under section 167 or 168(3) or (5).