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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 March 2014 - onwards
Version 3 of 3

78. Conduct of investigation

(1) Where a regulator is required by section 73, 74 or 76A or under section 77 to carry out an investigation, it is for the regulator to decide how it is to be carried out, but this is subject to the following provisions.

(2) In carrying out such an investigation, the regulator must have regard to the desirability of minimising any adverse effect that the carrying out of the investigation may have on the exercise by the regulator of any of its other functions.

(3) The regulator may postpone the start of, or suspend, an investigation if it considers it necessary to do so to avoid a material adverse effect on the exercise by it of any of its other functions.

(4) The regulator must notify the Treasury if it postpones the start of, or suspends, an investigation under subsection (3), and the notification must specify when the investigation will begin or resume.

(5) The Treasury may, by a direction to the regulator, control -

(a) the scope of the investigation;