Status: Please note you should read all Brexit changes to the FCA Handbook and BTS alongside the main FCA transitional directions. Where these directions apply the 'standstill', firms have the choice between complying with the pre-IP completion day rules, or the post-IP completion day rules. To see a full list of Handbook modules affected, please see Annex B to the main FCA transitional directions.

REC 4.2F Information gathering power on FCA’s own initiative

  1. (1)

    1While the FCA will seek to obtain information from an RIE in the context of an open, cooperative and constructive relationship with the RIE, where it appears to the FCA that obtaining information in that context will not achieve the necessary results, the FCA or (as the case may be) its officers may, under section 165(7) of the Act, by notice in writing, require any of the following persons to provide or produce specified information or information of a specified description, at a specified place and before the end of a reasonable period, in such form and with such verifications or authentications as it may reasonably require:

    1. (a)

      the RIE; or

    2. (b)

      a person who is connected with the RIE.

  2. (2)

    Under section 165(11) of the Act, a person is connected with a recognised body if he is or has at any relevant time been:

    1. (a)

      a member of the RIE's group; or

    2. (b)

      a controller of the RIE; or

    3. (c)

      any other member of a partnership of which the RIE is a member; or

    4. (d)

      a person mentioned in Part I of Schedule 15 of the Act (reading references in that Part to the ‘authorised person’ as references to the RIE).