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The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017
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Changes over time for: Cross Heading: Offences
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- 21/07/2018
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OffencesU.K.
Misleading the FCA or PRAU.K.
16.—(1) A person must not, for the purposes of compliance or purported compliance with a requirement imposed by or under these Regulations or by Article 28 of the markets in financial instruments regulation knowingly or recklessly give a regulator information which is false or misleading in a material particular.
(2) A person must not provide information to another person—
(a)knowing; or
(b)being reckless as to whether,
the information is false or misleading in a material particular and knowing that the information is to be provided to, or to be used for the purposes of providing information to, a regulator in connection with the discharge of its functions under these Regulations or with respect to Article 28 of the markets in financial instruments regulation.
(3) A person who contravenes sub-paragraph (1) or (2) is guilty of an offence.
(4) A person guilty of an offence under this paragraph is liable—
(a)on summary conviction—
(i)in England and Wales, to a fine;
(ii)in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment, to a fine.
Restriction on penaltiesU.K.
17.—(1) A person who is convicted of an offence under these Regulations or under the Act as applied by these Regulations is not subsequently liable to a penalty under paragraph 11 in respect of the same acts or omissions that constituted the offence.
(2) A person who is liable to a penalty under paragraph 11 is not subsequently liable for an offence under these Regulations in respect of the same acts or omissions that constituted the contravention of a requirement imposed by or under these Regulations for the purposes of that penalty.
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