Textual Amendments
F1 Ss. 84-87R and cross-headings substituted for ss. 84-87 (1.7.2005) by The Prospectus Regulations 2005 (S.I. 2005/1433), reg. 2(1), Sch. 1 para. 5
F2Ss. 102A-103 substituted for s. 103 (1.7.2005) by The Prospectus Regulations 2005 (S.I. 2005/1433), reg. 2(1), Sch. 1 para. 11
Modifications etc. (not altering text)
C1Pt. 6 (ss. 72-103) applied (with modifications) (1.12.2001) by S.I. 1995/1537, Sch. 4 (as amended (1.12.2001) by S.I. 2001/3649, arts. 1, 511)
Textual Amendments
F3Ss. 96A-96C inserted (17.3.2005) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2005 (S.I. 2005/381), regs. 1(3)(b), 4, Sch. 1 para. 6
(1)Subsection (2) applies if it appears to the competent authority that there are circumstances suggesting that—
(a)there may have been a [F4contravention of a provision of this Part or of Part 6 rules or a provision otherwise made in accordance with the prospectus directive];
[F5(b)a person who was at the material time [F6a person mentioned in section 91(1) or (1A) has been knowingly concerned in a contravention of a provision of this Part or of Part 6 rules or a provision otherwise made in accordance with the prospectus directive by that person]]
(c)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)there may have been a contravention of section 83, 85 [F8, 87G] or 98.
(2)The competent authority may appoint one or more competent persons to conduct an investigation on its behalf.
(3)Part XI applies to an investigation under subsection (2) as if—
(a)the investigator were appointed under section 167(1);
(b)references to the investigating authority in relation to him were to the competent authority;
(c)references to the offences mentioned in section 168 were to those mentioned in subsection (1)(d);
(d)references to an authorised person were references to the person under investigation.
Textual Amendments
F4Words in s. 97(1)(a) (which were in part substituted (1.7.2005) by the words "Part 6 rules" by S.I. 2005/381, reg. 1(2), Sch. 1 para. 7(a)) substituted (1.7.2005) by The Prospectus Regulations 2005 (S.I. 2005/1433), reg. 2(1), Sch. 1 para. 8(a)
F5S. 97(1)(b) substituted (1.7.2005) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2005 (S.I. 2005/381), regs. 1(2), 4, Sch. 1 para. 7(b)
F6Words in s. 97(1)(b) substituted (1.7.2005) by The Prospectus Regulations 2005 (S.I. 2005/1433), reg. 2(1), Sch. 1 para. 8(b)
F7S. 97(1)(c) repealed (1.7.2005) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2005 (S.I. 2005/381), regs. 1(2), 4, Sch. 1 para. 7(c)
F8Words in s. 97(1)(d) inserted (1.7.2005) by The Prospectus Regulations 2005 (S.I. 2005/1433), reg. 2(1), Sch. 1 para. 8(c)