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Status: You are viewing the version of the handbook as on 2005-06-30.

ENF 2.2 Introduction

ENF 2.2.1G

This chapter is divided into two parts. The first part of the chapter, ENF 2.3 to ENF 2.9, relates to the main provisions of the Act on information gathering and investigations. It outlines:

  1. (1)

    the FSA's powers to gather information, and to appoint investigators;

  2. (2)

    the powers of investigators appointed by the FSA; and

  3. (3)

    the FSA's policy on the use of its powers in each of the following circumstances:

    1. (a)

      to gather information from firms and unauthorised incoming ECA providers and to conduct investigations of firms, approved persons, individuals involved in firms, appointed representatives, small e-money issuers and unauthorised incoming ECA providers, including issuing preliminary findings letters;21

    2. (b)

      to investigate suspected market misconduct;

    3. (c)

      to investigate unauthorised business;

    4. (d)

      to conduct investigations to assist overseas authorities; and

    5. (e)

      to investigate collective investment schemes.

ENF 2.2.2G

The second part of the chapter, ENF 2.10 to ENF 2.15, relates to provisions that apply to investigations generally. It outlines:

  1. (1)

    the provisions of the Act relating to protected items, banking confidentiality and the admissibility of statements made to investigators;

  2. (2)

    the FSA's powers to control and direct investigations;

  3. (3)

    the FSA's policy on:

    1. (a)

      notification to the person under investigation;

    2. (b)

      publicity;

    3. (c)

      use of voluntary interviews rather than compulsory ones; and

    4. (d)

      interview procedures; and

  4. (4)

    the FSA's powers to enforce requirements on persons to cooperate with its information gathering and investigative powers.