The Financial Services and Markets Act 2000 (Communications by Auditors) Regulations 2001

Citation, commencement and interpretation U.K.

1.—(1) These Regulations may be cited as the Financial Services and Markets Act 2000 (Communications by Auditors) Regulations 2001 and come into force on the day on which section 19 of the Act (the general prohibition) comes into force.

(2) In these Regulations—

“the Act” means the Financial Services and Markets Act 2000;

“the person concerned” means—

(a)

in relation to an auditor of an authorised person [F1 or recognised body], that authorised person [F1 or recognised body];

(b)

in relation to an auditor of a person who has close links (within the meaning of section 343 of the Act) with an authorised person [F2 or recognised body], that authorised person [F2 or recognised body];

[F3 “recognised body” has the meaning given by section 313(1) of the Act;]

“relevant requirement” means—

(a)

a requirement which is imposed by or under any provision of the Act other than Part VI (listing) and which relates to authorisation under the Act (whether by way of permission under Part IV of the Act or otherwise) or to the carrying on of any regulated activity; F4 ...

(aa)

[F5 a requirement which is a relevant requirement within the meaning of section 312E(2) or (3) of the Act; or]

(b)

a requirement which is imposed by or under any other Act and whose contravention constitutes an offence which the [F6 FCA, the PRA or the Bank of England as appropriate] has power to prosecute under the Act(1).

Textual Amendments

F1 Words in reg. 1(2) substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 26(2)(a)(i) (with regs. 7(4), 9(1))

F2 Words in reg. 1(2) substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 26(2)(a)(ii) (with regs. 7(4), 9(1))

F3 Words in reg. 1(2) inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 26(2)(b) (with regs. 7(4), 9(1))

F4 Word in reg. 1(2) revoked (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 51(2)(b)(i)

F5 Words in reg. 1(2) inserted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 51(2)(b)(ii)

F6 Words in reg. 1(2) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 51(2)(b)(iii)

Commencement Information

I1 Reg. 1 in force at 1.12.2001, see reg. 1(1)

(1)

See in particular section 402 of the Act (power of the Authority to institute proceedings for offences under other enactments).