PART 3Regulation of public offers and admissions to trading
Further powers of FCA
Appointment by FCA of persons to carry out investigations44
1
Paragraph (3) applies if it appears to the FCA that there are circumstances suggesting that—
a
there may have been a contravention of an applicable provision, or
b
a person who was at the material time a relevant officer of a person to whom an applicable provision has applied has been knowingly concerned in a contravention by that person of an applicable provision.
2
“Relevant officer” of a person means—
a
a director or other similar officer of the person, or
b
if the affairs of the person are managed by its members, a member of the person.
3
The FCA may appoint one or more competent persons to conduct an investigation on its behalf.
4
Part 11 of FSMA 2000 applies in relation to an investigation under paragraph (3) as if—
a
the investigator were appointed under section 167(1) of that Act;
b
references to the investigating authority in relation to the investigator were references to the FCA;
c
references to the offences mentioned in section 168 of that Act were to the offence under section 85 of that Act;
d
references to an authorised person were references to the person under investigation.