Schedule 8: Cash access services Part 1 – New Part 8B of FSMA 2000 Supervision of designated persons Section 131Y: Information gathering and investigations
This section gives the FCA powers to obtain information and documents reasonably required by the FCA in connection with the exercise of functions under this Part, and the ability to investigate designated persons for the purposes of this Part. Such powers are intended to give the FCA the ability to collect information to inform reports to assist HM Treasury in preparing a policy statement and designating persons (see section 131Q), and to carry out their own functions under this Part 8B.
	This is achieved by applying Part 11 (information gathering and investigations) FSMA 2000 (see subsection (1)) with the exceptions of sections of 165A to 165C; 169; and 169A (see subsection (2)). These exceptions relate to powers of the Prudential Regulation Authority (165A to 165C) and assistance to overseas regulators (169 and 169A), which are not relevant to this Part 8B regime.
	Subsection (3) applies the provisions in Part 11 of FSMA 2000 to persons who are designated under this Part (relevant current account providers and operators of cash coordination arrangements, as per section 131R). All sections of Part 11, including powers relation to both information gathering and investigations, are applied to such designated persons, except those listed in subsection (2).
	Subsection (4) applies provisions in Part 11 that relate to information gathering only (i.e. not investigations) to persons who are not designated under this Part but may have relevant information to support the FCA in exercising its functions under this Part (see subsection 5).
	Subsection (5) lists the non-designated persons that are in scope of the FCA’s information gathering powers specified in subsection (4). The persons are:
relevant current account providers who are not a designated person;
operators of a cash access coordination arrangements who are not a designated person;
operators of, or infrastructure providers in relation to, a payment system, who are not designated;
any other person who provides cash access services and is not a designated person; and
any other person who provides a relevant service to a person mentioned in paragraph (a), (b), (c) or (d) and is not a designated person.
	Subsections (6) and (7) define terms used in subsection (5). Any references to a "payment system", an "operator" and "infrastructure provider" in relation to a payment system, have the same meanings as in Part 5 of the Financial Services (Banking Reform) Act 2013 (see section 110 of that Act). Any references to a "relevant service" in subsection 5(e) is a service provided in connection with the provision of cash access services.
	Subsection (8) clarifies that, for the purposes of its application to this Part 8B, any reference in Part 11 to "either regulator" is to the FCA only.