PART 2Amendments to the Act
CHAPTER 7Part 11 of the Act: information gathering and investigations
Introduction42
Part 11 of the Act (information gathering and investigations) is amended as follows.
Section 165A (PRA’s power to require information: financial stability)43
1
Section 165A61 (PRA’s power to require information: financial stability) is amended as follows.
2
In subsection (8), in the definition of “management”, for “Annex II to the UCITS Directive” substitute “Schedule 6 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 200162”.
3
In subsection (9)(b)63, for the words from “meaning given” to the end substitute “same meaning as in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (see article 3(1) of that Order).”.
Section 167 (appointment of persons to carry out general investigations)44
Omit section 167(3A)64 (investigations of persons in other EEA States).
Section 168 (appointment of persons to carry out investigations in particular cases)45
In section 168 (appointment of investigators: particular cases), in subsection (4)—
a
in paragraph (jc)(ii)65 for “a directly applicable EU regulation made” substitute “any retained EU direct legislation originally made under the market abuse regulation or any subordinate legislation (within the meaning of the Interpretation Act 1978) made on or after exit day”;
b
in paragraph (k)66 for “qualifying EU provision” substitute “qualifying provision”.
Section 169 (investigations etc. in support of overseas regulator)46
Section 169A (support of overseas regulator with respect to financial stability)47
In section 169A69 (support of overseas regulator with respect to financial stability), in subsection (4)(b) for “169(3), (4)(a) and (d), (5) and (6)” substitute “169(4)(a) and (d) and (5)”.