• Skilled Persons

    • 203. Reports by skilled persons

      (1) This section applies where the Regulator has required or could require a person to whom subsection (2) applies (the "Person Concerned") to provide information or produce Documents with respect to any matter (the "Matter Concerned").
      (2) This subsection applies to —
      (a) an Authorised Person or Recognised Body ("A");
      (b) any other member of A's Group;
      (c) a Partnership of which A is a member; or
      (d) a person who has at any relevant time been a person falling within paragraph (a), (b) or (c);
      who is, or was at the relevant time, carrying on a business.
      (3) The Regulator may either —
      (a) by notice in writing given to the Person Concerned, require the Person Concerned to provide the Regulator with a report on the Matter Concerned; or
      (b) itself appoint a person to provide the Regulator with a report on the Matter Concerned.
      (4) When acting under subsection (3)(a), the Regulator may require the report to be in such form as may be specified in the notice.
      (5) The Regulator must give notice of an appointment under subsection (3)(b) to the Person Concerned.
      (6) The person Appointed to make a report —
      (a) must be a person appearing to the Regulator to have the skills necessary to make a report on the Matter Concerned; and
      (b) where the appointment is to be made by the Person Concerned, must be a person nominated or approved by the Regulator.
      (7) It is the duty of —
      (a) the Person Concerned; and
      (b) any person who is providing (or who has at any time provided) services to the Person Concerned in relation to the Matter Concerned;
      to give the person Appointed to prepare a report such assistance as the Appointed person may reasonably require.
      (8) The obligation imposed by subsection (7) is enforceable, on the application of the Regulator, by an injunction.
      (9) The Regulator may make Rules providing for expenses incurred by it in relation to an appointment under subsection (3)(b) to be payable as a fee by the Person Concerned.

    • 204. Appointment of skilled person to collect and update information

      (1) This section applies if the Regulator considers that an Authorised Person or Recognised Body ("A") has contravened a Rule made by the Regulator to collect, and keep up to date, information of a description specified in the Rules.
      (2) The Regulator may either —
      (a) require A to appoint a skilled person to collect or update the information; or
      (b) itself appoint a skilled person to do so.
      (3) References in this section to a skilled person are to a person —
      (a) who appears to the Regulator to have the skills necessary to collect or update the information in question; and
      (b) where the appointment is to be made by A, nominated or approved by the Regulator.
      (4) The Regulator must notify A of an appointment under subsection (2)(b).
      (5) The skilled person may require any person to provide all such assistance as the skilled person may reasonably require to collect or update the information in question.
      (6) A requirement imposed under subsection (5) is enforceable, on the application of the Regulator, by an injunction.
      (7) A contractual or other requirement imposed on a person ("P") to keep any information in confidence does not apply if —
      (a) the information is or may be relevant to anything required to be done as a result of this section;
      (b) A or a skilled person requests or requires P to provide the information for the purpose of securing anything required to be done as a result of this section is done; and
      (c) the Regulator has approved the making of the request or the imposition of the requirement before it is made or imposed.
      (8) A may provide information (whether received under subsection (7) or otherwise) that would otherwise be subject to a contractual or other requirement to keep it in confidence if it is provided for the purposes of anything required to be done as a result of this section.
      (9) The Regulator may make Rules providing for expenses incurred by it in relation to an appointment under subsection (2)(b) to be payable as a fee by A.