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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 28 November 2017 - onwards

Regulation 5D Power of the Bank to require a report by a skilled person

(1) This regulation applies where the Bank has required or could require a person on whom it could impose a requirement under regulation 5A(2) ("the person concerned") to provide information or to produce documents under regulation 5A so that the Bank can verify whether -

(a) a settlement internaliser has complied with Article 9(1) of the CSD regulation, or

(b) a person is a settlement internaliser,

("the matter concerned").

(2) The Bank may appoint a person to provide the Bank with a report on the matter concerned.

(3) The Bank must give notice of an appointment under paragraph (2) to the person concerned.

(4) The person appointed to make a report must be a person appearing to the Bank to have the skills necessary to make a report on the matter concerned.

(5) 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,