connected person
- (1) (in relation to the FSA's consideration of an application for, or of whether to vary or cancel, a Part IV permission ) (in accordance with section 49(1)of the Act (Persons connected with an applicant)) any person appearing to the FSA to be, or likely to be, in a relationship with the applicant or person given permission, which is relevant.
- (2) (in relation to the
FSA's
power to gather information under section 165 of the Act (Authority's power to require information)) (in accordance with section 165(11) of the Act) a person who has, or has at any relevant time had, the following relationship withan authorised person ("A"):
- (a) he is a member of A's group;
- (b) he is a controller of A;
- (c) he is a member of a partnership of which A is a member;
- (d) he is or has been an employee of A;
- (e) if A is a body corporate, he is or has been an officer, or manager or agent of A or of a parent undertaking of A;
- (f) if A is a partnership, he is or has been a member, manager or agent of A;
- (g) if A is an unincorporated association of persons which is neither a partnership nor an unincorporated friendly society, he is or has been an officer, manager, or agent of A;
- (h) if A is a friendly society, he is or has been an officer or manager of A ("officer" and "manager" having the same meaning as in section 119(1) of the Friendly Societies Act 1992);
- (i) if A is a building society, he is or has been an officer of A ("officer" having the same meaning as in section 119(1) of the Building Societies Act 1986);
- (j) if A is an individual, he is or has been an agent of A.
- (3) (in relation to the FSA's powers of investigation under sections 171 and 172 of the Act (Powers of persons appointed under section 167; Additional power of persons appointed as a result of section 168(1) or (4))) (in accordance with section 171(4) of the Act) a person who has, or has at any relevant time had, the following relationship with a person under investigation ("P"):
- (a) he has the relationship specified in any of paragraphs (2) (a), (b) or (d) to (j) to P (where references in those paragraphs to A are taken to be references to P);
- (b) it is a partnership of which P is a member;
- (c) he is the partner, manager, employee, agent, appointed representative, or, where applicable, tied agent,67 banker, auditor, actuary or solicitor of:
- (i) P; or
- (ii) a parent undertaking of P; or
- (iii) a subsidiary undertaking of P; or
- (iv) a subsidiary undertaking of a parent undertaking of P; or
- (v) a parent undertaking of a subsidiary undertaking of P.3
- (4) to follow31