Section 97

Subsection (2) applies if it appears to the FCA that there are circumstances suggesting that— there may have been a contravention of— a provision of this Part or of Part 6 rules, ... or any other provision of qualifying transparency legislation, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a person who was at the material time a director of a person mentioned in section 91(1), ... ... or section 91(1B) (ignoring paragraph (a)(i) of that provision), has been knowingly concerned in a contravention by that person of— a provision of this Part or of Part 6 rules, ... or any other provision of qualifying transparency legislation, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a person who was at the material time a relevant officer of a person mentioned in section 91(1B) (ignoring paragraphs (a)(ii) and (b) of that provision) has been knowingly concerned in a contravention by that person of qualifying transparency legislation; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The FCA may appoint one or more competent persons to conduct an investigation on its behalf. Part XI applies to an investigation under subsection (2) as if— the investigator were appointed under section 167(1); references to the investigating authority in relation to him were to the FCA; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . references to an authorised person were references to the person under investigation. In this section “relevant officer” has the meaning given by section 91(2B).

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Source: legislation.gov.uk · retrieved 2026-09-04