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Section 128B Relevance of information given and action taken by other regulatory authorities.F1C1

United Kingdom

C2(1)

The following provisions apply in the case of—

(a)

a person whose principal place of business is in a country or territory outside the United Kingdom, or

(b)

a person whose principal business is other than investment business;

and in relation to such a person “the relevant regulatory authority” means the appropriate regulatory authority in that country or territory or, as the case may be, in relation to his principal business.

(2)

The Secretary of State may regard himself as satisfied with respect to any matter relevant for the purposes of this Part if—

(a)

the relevant regulatory authority informs him that it is satisfied with respect to that matter, and

(b)

he is satisfied as to the nature and scope of the supervision exercised by that authority.

(3)

In making any decision with respect to the exercise of his powers under this Part in relation to any such person, the Secretary of State may take into account whether the relevant regulatory authority has exercised, or proposes to exercise, its powers in relation to that person.

(4)

The Secretary of State may enter into such arrangements with other regulatory authorities as he thinks fit for the purposes of this section.

(5)

Where any functions under this Part have been transferred to a designated agency, nothing in this section shall be construed as affecting the responsibility of the Secretary of State for the discharge of Community obligations or other international obligations of the United Kingdom.

Annotations

Textual amendments

F1

Ch. XV (ss. 128A, 128B, 128C) inserted by Companies Act 1989 (c.40, SIF 27), s. 196

Modifications

C1

S. 128B: certain functions of the Secretary of State made exercisable jointly by the Secretary of State and the Treasury (7.6.1992) by S.I. 1992/1315, art. 4, Sch. 2 para.5.

C2

S. 128B(1)–(4): certain functions transferred by S.I. 1990/354, art. 4(3)(c)

Notes on the whole Act

Textual amendments

F1

Act repealed (1.12.2001) by The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), arts. 1, 3(1)(c) (with savings in art. 292)

Notes on Part I

Modifications

C1

Pt. I (ss. 1-128) amended (S.) (22.5.2000) by S.I. 2000/121, regs. 1, 37, Sch. 2

C2

Pt. I (ss. 1–128): power to modify conferred (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 89, 124(3), Sch. 14 para. 9(c)

Notes on Chapter XV

Textual amendments

F1

Ch. XV (ss. 128A, 128B, 128C) inserted by Companies Act 1989 (c.40, SIF 27), s. 196