SCHEDULES

SCHEDULE 12Amendments of Parts 11 and 23 of FSMA 2000

PART 1Part 11 of FSMA 2000: information gathering and investigations

I11

1

Section 165 (power to require information) is amended as follows.

2

In subsection (1), for “The Authority” substitute “ Either regulator ”.

3

In subsection (3), for “Authority” substitute “ regulator ”.

4

In subsection (4), for “the Authority” substitute “ either regulator ”.

5

In subsections (5) and (6) for “The Authority”, in each place, substitute “ The regulator in question ”.

6

In subsection (7), for the words from “exercised” to the end substitute

exercised—

a

by either regulator, to impose requirements on a person who is connected with an authorised person;

b

by the FCA, to impose requirements on an operator, trustee or depositary of a scheme recognised under section 270 or 272 who is not an authorised person;

c

by the FCA, to impose requirements on a recognised investment exchange;

d

by the FCA, to impose requirements on a person who is connected with a recognised investment exchange.

7

In subsection (9)—

a

for “the Authority”, in the first place, substitute “ the regulator exercising the power ”,

b

for “the Authority's” substitute “that regulator's”, and

c

for “the Authority”, in the second place, substitute “ that regulator ”.

8

In subsection (11)—

a

in the opening words, for “an authorised person” substitute “ another person ”, and

b

in paragraph (d), at the end insert “ (reading references in that Part to the authorised person as references to A) ”.

9

In the heading, for “Authority's” substitute “Regulators'”.