Regulation 5A Power of the Bank to require informationF1

(1)

This regulation applies where it is necessary for the Bank to determine whether—

(a)

a settlement internaliser has complied with the first sub-paragraph of Article 9(1) of the CSD regulation or regulation 5N; or

(b)

a person is a settlement internaliser.

(2)

The Bank may, by giving notice in writing, require a person—

(a)

to provide specified information or information of a specified description, or

(b)

to provide specified documents or documents of a specified description,

so that it can verify whether the settlement internaliser has complied with the first sub-paragraph of Article 9(1) of the CSD regulation or regulation 5N, or whether the person is a settlement internaliser.

(3)

The information or documents must be provided or produced—

(a)

before the end of such reasonable period as may be specified; and

(b)

at such place as may be specified.

(4)

This regulation applies only to information and documents reasonably required in connection with the exercise by the Bank of its functions under the CSD regulation.

(5)

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

(6)

The Bank may require—

(a)

any information provided, whether in a document or otherwise, to be verified in such a manner, or

(b)

any document produced to be authenticated in such a manner,

as it may reasonably require.

(7)

A requirement imposed under this regulation is a relevant requirement for the purposes of sections 380 (injunctions) and 382 (restitution orders) of the Act as applied to the Bank by paragraphs 26 and 27 of Schedule 17A to the Act.

(8)

In this regulation, “specified” means specified in the notice.

Annotations

Textual amendments

F1: Pts. 4-8 and Pt. 9 heading inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), regs. 1, 5(9) (with regs. 7(4), 9(1))

Notes on the whole SI

Textual amendments

F1: Regulations revoked (14.12.2023 for the revocation of reg. 10) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 1 Pt. 2 (with s. 1(4)); S.I. 2023/1382, reg. 2(c)(vii)