Section 9Y Directions requiring information or documentsF1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 9Y(2) words substituted by Bank of England and Financial Services Act 2016 Sch. 2 para. 13(2)
s. 9Y(3) word substituted by Bank of England and Financial Services Act 2016 Sch. 2 para. 13(3)
s. 9Y(4)(a) word omitted by Bank of England and Financial Services Act 2016 Sch. 2 para. 13(4)(a)
s. 9Y(4)(b) omitted by Bank of England and Financial Services Act 2016 Sch. 2 para. 13(4)(b)

(1)

The Bank may exercise the powers conferred by this section where it considers that information or documents are reasonably required in connection with the exercise by the Bank of its functions in pursuance of the Financial Stability Objective.

(2)

The Bank may give a direction to the FCA F2requiring it —

(a)

to provide the Bank with specified information or information of a specified description, or

(b)

to produce to the Bank specified documents or documents of a specified description.

(3)

The direction may relate to information or documents which are held by persons other than the F3FCA and which the FCA has power to obtain or whose production the FCA has power to require.

(4)

Any information or documents to which the direction relates are—

(a)

where the information or documents are held by a person in relation to whom the powers conferred by subsections (1) and (3) of section 165 of FSMA 2000 are exercisable, to be taken to be information or documents to which that section applies by virtue of subsection (4) of that section, F4...

F5(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

The information or documents must be provided or produced before the end of such period as may be specified.

(6)

The Bank may require any information provided under this section to be provided in such form as it may require.

(7)

The Bank may require—

(a)

any information provided, whether in a document or otherwise, to be verified in such manner as it may require;

(b)

any document produced to be authenticated in such manner as it may require.

Annotations

Textual amendments

F1: Pt. 1A inserted (24.1.2013 for the insertion of ss. 9I(2), 9L, 9N for specified purposes and for the insertion of s. 9ZA, 19.2.2013 for the insertion of s. 9B for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 4(1), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(b)(c)(2), Sch. Pts. 2, 3, 4; S.I. 2013/423, art. 3, Sch.
F2: Words in s. 9Y(2) substituted (1.3.2017) by Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 13(2) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F3: Word in s. 9Y(3) substituted (1.3.2017) by Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 13(3) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F4: Word in s. 9Y(4)(a) omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 13(4)(a) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F5: S. 9Y(4)(b) omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 13(4)(b) (with Sch. 3); S.I. 2017/43, reg. 2(g)

Notes on Power of Bank to require FCA ... to provide information

Textual amendments

F2: Words in s. 9Y cross-heading omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 13(5) (with Sch. 3); S.I. 2017/43, reg. 2(g)