204. Appointment of skilled person to collect and update information
Past version: effective from 20/10/2015 - 19/10/2015
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(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.