PART 5Designation of competent authorities and powers of FCA
Power of the FCA to require informationI17
1
In this regulation a “non-authorised counterparty” is—
a
a financial counterparty which is not an authorised person; F1...
b
a non-financial counterpartyF2; or
c
an entity referred to in Article 4(1)(a)(v) of the EMIR regulation which is not an authorised person.
2
Where—
a
a non-authorised counterparty is subject to an obligation under the EMIR regulation, or
b
it is necessary for the FCA to determine whether a person is subject to an obligation under the EMIR regulation,
paragraph (3) applies.
3
The FCA may, by notice in writing, require the counterparty or person—
a
to provide specified information or information of a specified description; or
b
to produce specified documents or documents of a specified description,
so that it can verify whether the non-authorised counterparty or person has complied with, or is subject to, the EMIR regulation.
4
The information or documents must be provided or produced—
a
before the end of such reasonable period as may be specified;
b
at such place as may be specified.
5
This regulation applies only to information and documents reasonably required in connection with the exercise by the FCA of its functions under the EMIR regulation.
6
The FCA may require any information provided under this regulation to be provided in such a form as it may reasonably require.
7
The FCA may require—
a
any information provided, whether in a document or otherwise, to be verified in such a manner, or
b
any document produced to be authenticated in such a manner,
as it may reasonably require.
8
A requirement imposed under this regulation is a “relevant requirement” for the purposes of sections 380 (injunctions) and 382 (restitution orders) of the Act55.
9
In this regulation, “specified” means specified in the notice.