C3C4C5C6 Part XV The Financial Services Compensation Scheme
Pt. 15 modified (29.9.2008 at 8.00 a.m.) by The Bradford & Bingley plc Transfer of Securities and Property etc. Order 2008 (S.I. 2008/2546), art. 29 (with art. 30(6))
Pt. 15 modified (7.10.2008 at 9.30 a.m.) by The Heritable Bank plc Transfer of Certain Rights and Liabilities Order 2008 (S.I. 2008/2644), art. 14 (with art. 15(8)
Pt. 15 modified (8.10.2008 at 12.15 p.m.) by The Kaupthing Singer & Friedlander Limited Transfer of Certain Rights and Liabilities Order 2008 (S.I. 2008/2674), art. 15 (with art. 16(8))
Miscellaneous
C1I1224 Scheme manager’s power to inspect documents held by Official Receiver etc.
1
If, as a result of the insolvency or bankruptcy of a relevant person F3or relevant exchange, F1or a successor falling within section 213(1)(b), any documents have come into the possession of a person to whom this section applies, he must permit any person authorised by the scheme manager to inspect the documents for the purpose of establishing—
a
the identity of persons to whom the scheme manager may be liable to make a payment in accordance with the compensation scheme; or
b
the amount of any payment which the scheme manager may be liable to make.
2
A person inspecting a document under this section may take copies or extracts from the document.
C23
In this section “relevant person” means a person who was—
a
an authorised person at the time the act or omission which may give rise to the liability mentioned in subsection (1)(a) took place; or
b
an appointed representative at that time.
4
But a person who, at that time—
a
qualified for authorisation under Schedule 3, and
b
fell within a prescribed category,
is not to be regarded as a relevant person for the purposes of this section in relation to any activities for which he had permission as a result of any provision of, or made under, that Schedule unless he had elected to participate in the scheme in relation to those activities at that time.
F24A
In this section “relevant exchange” means a body corporate or unincorporated association carrying on a regulated activity relating to a trading facility at the time the act or omission which may give rise to the liability mentioned in subsection (1)(a) took place.
5
This section applies to—
a
the Official Receiver;
b
the Official Receiver for Northern Ireland; and
c
the Accountant in Bankruptcy.
Pt. XV (ss. 212-224) excluded (27.4.2002) by The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544), art. 9J (as inserted by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2002 (S.I. 2002/682), arts. 1(2), 4)
Pt. XV (ss. 212-224) modified (2.7.2002) by The Financial Services and Markets Act 2000 (Consequential Amendments and Transitional Provisions) (Credit Unions) Order 2002 (S.I. 2002/1501), art. 5