Section 219: Scheme manager's power to require information., Financial Services and Markets Act 2000

The scheme manager may, by notice in writing require a person—

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

to produce specified documents or documents of a specified description.

A requirement may be imposed only—

on a person (P) against whom a claim has been made under the scheme,

on a person (P) who is unable or likely to be unable to satisfy claims under the scheme against P,

on a person (P) who is an insurer who has been given financial assistance under section 217ZA,

on a person ("the Third Party") whom the scheme manager thinks was knowingly involved in matters giving rise to a claim against another person (P) under the scheme, ...

on a person ("the Third Party") whom the scheme manager thinks was knowingly involved in matters giving rise to the actual or likely inability of another person (P) to satisfy claims under the scheme , or

on a person ("the Third Party") whom the scheme manager thinks is or was at any relevant time involved in any contract of insurance or in the administration of any trust arrangement relating to a funeral plan contract entered into or carried out by a person (P)—

against whom a claim has been made under the scheme, or

who is unable or likely to be unable to satisfy claims under the scheme against P.

For the purposes of subsection (1A)(b) , (d) and (e)(ii) whether P is unable or likely to be unable to satisfy claims shall be determined in accordance with provision to be made by the scheme (which may, in particular—

apply or replicate, with or without modifications, a provision of an enactment;

confer discretion on a specified person).

The information or documents must be provided or produced—

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

in the case of information, in such manner or form as may be specified.

This section applies only to information and documents the provision or production of which the scheme manager considers to be necessary (or likely to be necessary) for the fair determination of claims which have been or may be made against P.

Where a stabilisation power under Part 1 of the Banking Act 2009 has been exercised in respect of a bank, building society or credit union, the scheme manager may by notice in writing require the bank, building society or credit union, or the Bank of England, to provide information that the scheme manager requires for the purpose of determining the matters mentioned in section 214D(2)(a) and (b) above.

If a document is produced in response to a requirement imposed under this section, the scheme manager may—

take copies or extracts from the document; or

require the person producing the document to provide an explanation of the document.

If a person who is required under this section to produce a document fails to do so, the scheme manager may require the person to state, to the best of his knowledge and belief, where the document is.

If P is insolvent, no requirement may be imposed under this section on a person to whom section 220 or 224 applies.

If a person claims a lien on a document, its production under this Part does not affect the lien.

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"Specified" means specified in the notice given under subsection (1).

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Section 219: Scheme manager's power to require information.

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