Financial Services and Markets Act 2000

MiscellaneousU.K.

96 Obligations of issuers of listed securities.U.K.

(1)Listing rules may—

(a)specify requirements to be complied with by issuers of listed securities; and

(b)make provision with respect to the action that may be taken by the [F1FCA] in the event of non-compliance.

(2)If the rules require an issuer to publish information, they may include provision authorising the [F1FCA] to publish it in the event of his failure to do so.

(3)This section applies whenever the listed securities were admitted to the official list.

Textual Amendments

F1Words in ss. 89A-97 substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 16(2)(3)(g), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.

Modifications etc. (not altering text)

C1S. 96 applied by 2009 c. 1, s. 39B(2) (as inserted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 39)

C2S. 96 applied by 2009 c. 1, s. 48L(6A) (as inserted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 53(6))

F2 96A Disclosure of information requirementsU.K.

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Textual Amendments

F296B[F3Disclosure rules: persons responsible for compliance]U.K.

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Textual Amendments

F3Words in s. 96B heading substituted (8.11.2006) by Companies Act 2006 (c. 46), ss. 1272, 1300(1)(a), Sch. 15 para. 7(a)

F296CSuspension of tradingU.K.

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Textual Amendments

97 Appointment by [F1FCA] of persons to carry out investigations.U.K.

(1)Subsection (2) applies if it appears to the [F1FCA] that there are circumstances suggesting that—

[F4(a)there may have been a contravention of—

(i)a provision of this Part or of Part 6 rules, F5...

[F6(ii)any other provision of qualifying transparency legislation, or]

[F7(iii)any provision of, or made in accordance with, the prospectus regulation;]

(b)a person who was at the material time a director of a person mentioned in section 91(1), F8... [F9or (1A), or section 91(1B) (ignoring paragraph (a)(i) of that provision),] has been knowingly concerned in a contravention by that person of—

(i)a provision of this Part or of Part 6 rules, F10...

[F11(ii)any other provision of qualifying transparency legislation, or]

[F12(iii)any provision of, or made in accordance with, the prospectus regulation;]]

[F13(ba)a person who was at the material time a relevant officer of a person mentioned in section 91(1B) (ignoring paragraphs (a)(ii) and (b) of that provision) has been knowingly concerned in a contravention [F14by that person of qualifying transparency legislation;]

F15(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The [F1FCA] may appoint one or more competent persons to conduct an investigation on its behalf.

(3)Part XI applies to an investigation under subsection (2) as if—

(a)the investigator were appointed under section 167(1);

(b)references to the investigating authority in relation to him were to the [F1FCA];

(c)references to the offences mentioned in section 168 were to [F17the offences under section 85];

(d)references to an authorised person were references to the person under investigation.

[F18(4)In this section “relevant officer” has the meaning given by section 91(2B).]]

Textual Amendments

F1Words in ss. 89A-97 substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 16(2)(3)(g), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.

F4S. 97(1)(a)(b) substituted (8.11.2006) by Companies Act 2006 (c. 46), ss. 1272, 1300(1)(a), Sch. 15 para. 8

F9Words in s. 97(1)(b) substituted (26.11.2015) by The Transparency Regulations 2015 (S.I. 2015/1755), regs. 1(3), 4(3)(a)(i)

[F1997A.Reporting of infringementsU.K.

(1)This section applies to a person—

(a)who is the employer of any employees, and

(b)who—

(i)provides regulated financial services,

(ii)carries on regulated activities in reliance on the exemption in section 327, or

(iii)is a recognised investment exchange, a recognised clearing house, a recognised CSD F20... or a third country central counterparty.

(2)The person must have in place appropriate internal procedures for the person’s employees to report, through an independent channel, contraventions and potential contraventions of—

(a)the prospectus regulation, F21...

[F22(b)any EU regulation, originally made under the prospectus regulation, which is retained EU law, or

(c)any subordinate legislation (within the meaning of the Interpretation Act 1978) made under the prospectus regulation on or after IP completion day.]

(3)In this section—

  • “employer” and “employee” have the same meaning given in section 230(1) to (5) of the Employment Rights Act 1996;

  • “regulated financial services” has the meaning given by section 1H.]

Textual Amendments

F20Words in s. 97A(1)(b)(iii) omitted (31.12.2020) by virtue of The Prospectus (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1234), regs. 1(4), 7(2) (with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1234, reg. 29(2))); 2020 c. 1, Sch. 5 para. 1(1)

F2398 Advertisements etc. in connection with listing applications.U.K.

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Textual Amendments

F2499 Fees.U.K.

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Textual Amendments

F24S. 99 omitted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Financial Services Act 2012 (c. 21), ss. 16(14)(c), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.

F25100 Penalties.U.K.

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Textual Amendments

F25S. 100 omitted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Financial Services Act 2012 (c. 21), ss. 16(14)(d), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.

F26100AExercise of powers where UK is host member stateU.K.

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Textual Amendments

101 Listing rules: general provisions.U.K.

F27(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F28Part 6 rules] may authorise the [F29FCA] to dispense with or modify the application of the rules in particular cases and by reference to any circumstances.

F30(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27S. 101(1) omitted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Financial Services Act 2012 (c. 21), ss. 16(14)(e), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.

F29Words in s. 101(2) substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 16(2)(3)(h), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.

F30S. 101(3)-(8) omitted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Financial Services Act 2012 (c. 21), ss. 16(14)(e), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.

F31102 Exemption from liability in damages.U.K.

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Textual Amendments

F31S. 102 omitted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Financial Services Act 2012 (c. 21), ss. 16(14)(f), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.