Part VI Official Listing

Miscellaneous

97 Appointment by F1FCA of persons to carry out investigations.

(1)

Subsection (2) applies if it appears to the F1FCA that there are circumstances suggesting that—

F2(a)

there may have been a contravention of—

(i)

a provision of this Part or of Part 6 rules, or

(ii)

a provision otherwise made in accordance with the prospectus directive or the transparency obligations directive;

(b)

a person who was at the material time a director of a person mentioned in section 91(1), F3... F4or (1A), or section 91(1B) (ignoring paragraph (a)(i) of that provision), has been knowingly concerned in a contravention by that person of—

(i)

a provision of this Part or of Part 6 rules, or

(ii)

a provision otherwise made in accordance with the prospectus directive or the transparency obligations directive;

F5(ba)

a person who was at the material time a relevant officer of a person mentioned in section 91(1B) (ignoring paragraphs (a)(ii) and (b) of that provision) has been knowingly concerned in a contravention by that person of—

(i)

a provision of the transparency rules, or

(ii)

a provision otherwise made in accordance with the transparency obligations directive;

(c)

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

there may have been a contravention of section F785 or 87G.

(2)

The F1FCA 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 F1FCA;

(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.

F8(4)

In this section “relevant officer” has the meaning given by section 91(2B).