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SCHEDULES

SCHEDULE 12Amendments of Parts 11 and 23 of FSMA 2000

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

1(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'”.