Financial Services and Markets Bill - continued        House of Lords

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  PART XI
  INFORMATION GATHERING AND INVESTIGATIONS
 
Powers to gather information
Authority's power to require information.     160. - (1) The Authority may, by notice in writing given to an authorised person, require him-
 
 
    (a) to provide specified information or information of a specified description; or
 
    (b) to produce specified documents or documents of a specified description.
      (2) The information or documents must be provided or produced-
 
 
    (a) before the end of such reasonable period as may be specified; and
 
    (b) at such place as may be specified.
      (3) An officer who has written authorisation from the Authority to do so may require an authorised person without delay-
 
 
    (a) to provide the officer with specified information or information of a specified description; or
 
    (b) to produce to him specified documents or documents of a specified description.
      (4) This section applies only to information and documents reasonably required in connection with the exercise by the Authority of functions conferred on it by or under this Act.
 
      (5) The Authority may require any information provided under this section to be provided in such form as it may reasonably require.
 
      (6) The Authority may require-
 
 
    (a) any information provided, whether in a document or otherwise, to be verified in such manner, or
 
    (b) any document produced to be authenticated in such manner,
       as it may reasonably require.
 
      (7) The powers conferred by subsections (1) and (3) may also be exercised to impose requirements on-
 
 
    (a) a person who is connected with an authorised person;
 
    (b) an operator, trustee or depositary of a scheme recognised under section 265 or 267 who is not an authorised person;
 
    (c) a recognised investment exchange or recognised clearing house.
      (8) "Authorised person" includes a person who was at any time an authorised person but who has ceased to be an authorised person.
 
      (9) "Officer" means an officer of the Authority and includes a member of the Authority's staff or an agent of the Authority.
 
      (10) "Specified" means-
 
 
    (a) in subsections (1) and (2), specified in the notice; and
 
    (b) in subsection (3), specified in the authorisation.
      (11) For the purposes of this section, a person is connected with an authorised person ("A") if he is or has at any relevant time been-
 
 
    (a) a member of A's group;
 
    (b) a controller of A;
 
    (c) any other member of a partnership of which A is a member; or
 
    (d) in relation to A, a person mentioned in Part I of Schedule 15.
Reports by skilled persons.     161. - (1) The Authority may, by notice in writing given to a person to whom subsection (2) applies, require him to provide the Authority with a report on any matter about which the Authority has required or could require the provision of information or production of documents under section 160.
 
      (2) This subsection applies to-
 
 
    (a) an authorised person ("A"),
 
    (b) any other member of A's group,
 
    (c) a partnership of which A is a member, or
 
    (d) a person who has at any relevant time been a person falling within paragraph (a), (b) or (c),
       who is, or was at the relevant time, carrying on a business.
 
      (3) The Authority may require the report to be in such form as may be specified in the notice.
 
      (4) The person appointed to make a report required by subsection (1) must be a person-
 
 
    (a) nominated or approved by the Authority; and
 
    (b) appearing to the Authority to have the skills necessary to make a report on the matter concerned.
      (5) It is the duty of any person who is providing (or who at any time has provided) services to a person to whom subsection (2) applies in relation to a matter on which a report is required under subsection (1) to give a person appointed to provide such a report all such assistance as the appointed person may reasonably require.
 
      (6) The obligation imposed by subsection (5) is enforceable, on the application of the Authority, by an injunction or, in Scotland, by an order for specific performance under section 45 of the Court of Session Act 1988.
 
 
Appointment of investigators
Appointment of persons to carry out general investigations.     162. - (1) If it appears to the Authority or the Secretary of State ("the investigating authority") that there is good reason for doing so, the investigating authority may appoint one or more competent persons to conduct an investigation on its behalf into-
 
 
    (a) the nature, conduct or state of the business of an authorised person or of an appointed representative;
 
    (b) a particular aspect of that business; or
 
    (c) the ownership or control of an authorised person.
      (2) If a person appointed under subsection (1) thinks it necessary for the purposes of his investigation, he may also investigate the business of a person who is or has at any relevant time been-
 
 
    (a) a member of the group of which the person under investigation ("A") is part; or
 
    (b) a partnership of which A is a member.
      (3) If a person appointed under subsection (1) decides to investigate the business of any person under subsection (2) he must give that person written notice of his decision.
 
      (4) The power conferred by this section may be exercised in relation to a former authorised person (or appointed representative) but only in relation to-
 
 
    (a) business carried on at any time when he was an authorised person (or appointed representative); or
 
    (b) the ownership or control of a former authorised person at any time when he was an authorised person.
      (5) "Business" includes any part of a business even if it does not consist of carrying on regulated activities.
 
Appointment of persons to carry out investigations in particular cases.     163. - (1) Subsection (3) applies if it appears to an investigating authority that there are circumstances suggesting that-
 
 
    (a) a person may have contravened any regulation made under section 137; or
 
    (b) a person may be guilty of an offence under section 172, 186, 339 or 391(1) or under Schedule 4.
      (2) Subsection (3) also applies if it appears to an investigating authority that there are circumstances suggesting that-
 
 
    (a) an offence under section 22(1) or 390 or under Part V of the Criminal Justice Act 1993 may have been committed;
 
    (b) there may have been a breach of the general prohibition;
 
    (c) there may have been a contravention of section 19 or 233; or
 
    (d) market abuse may have taken place.
      (3) The investigating authority may appoint one or more competent persons to conduct an investigation on its behalf.
 
      (4) Subsection (5) applies if it appears to the Authority that there are circumstances suggesting that-
 
 
    (a) a person may have contravened section 18;
 
    (b) a person may be guilty of an offence under any enactment other than this Act-
 
      (i) which the Authority has power to prosecute under this Act; but
 
      (ii) which it would not otherwise have power to investigate;
 
    (c) an authorised person may have contravened a rule made by the Authority;
 
    (d) an individual may not be a fit and proper person to perform functions in relation to a regulated activity carried on by an authorised or exempt person;
 
    (e) an individual may have performed or agreed to perform a function in breach of a prohibition order;
 
    (f) an authorised or exempt person may have failed to comply with section 54(6);
 
    (g) an authorised person may have failed to comply with section 57(1) or (2);
 
    (h) a person in relation to whom the Authority has given its approval under section 57 may not be a fit and proper person to perform the function to which that approval relates; or
 
    (i) a person may be guilty of misconduct for the purposes of section 64.
      (5) The Authority may appoint one or more competent persons to conduct an investigation on its behalf.
 
      (6) "Investigating authority" means the Authority or the Secretary of State.
 
 
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