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Financial Services (Banking Reform) Act 2013

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Changes over time for: Section 38

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Financial Services (Banking Reform) Act 2013, Section 38 is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

38Institution of proceedingsU.K.

This section has no associated Explanatory Notes

(1)In this section “an offence” means an offence under section 36.

(2)Proceedings for an offence may be instituted in England and Wales only—

(a)by the FCA, the PRA or the Secretary of State, or

(b)by or with the consent of the Director of Public Prosecutions.

(3)Proceedings for an offence may be instituted in Northern Ireland only—

(a)by the FCA, the PRA or the Secretary of State, or

(b)by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(4)In exercising its power to institute proceedings for an offence, the FCA or the PRA must comply with any conditions or restrictions imposed in writing by the Treasury.

(5)Conditions or restrictions may be imposed under subsection (4) in relation to—

(a)proceedings generally, or

(b)such proceedings, or categories of proceedings, as the Treasury may direct.

Commencement Information

I1S. 38 in force at 7.3.2016 by S.I. 2015/490, art. 2(1)(c) (with savings and transitional provisions in S.I. 2015/492 (as amended by S.I. 2015/1660))

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