[F1 OffencesU.K.
Textual Amendments
F1Sch. 17A inserted (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. 29(2), 122(3), Sch. 7 (with Sch. 20); S.I. 2013/113, art. 2(1)(b)(c), Sch. Pts. 2, 3; S.I. 2013/423, art. 3, Sch.
30U.K.Section 398 (misleading the FCA: residual cases) applies to information given to the Bank in purported compliance with—
(a)a requirement that is imposed by or under any provision of Part 18 of this Act that relates to a recognised clearing house;
(b)a requirement that is imposed under any other provision of this Act by the Bank; or
(c)a requirement that is imposed by any qualifying EU provision specified, or of a description specified, for the purposes of this paragraph by the Treasury by order.
31(1)Section 401 (proceedings for an offence) applies to the Bank as if for the purposes of subsections (2)(a) and (3)(a) of that section the Bank were an appropriate regulator in respect of each of the following offences—U.K.
(a)an offence under section 177(3) where the investigation is being, or is likely to be, conducted on behalf of the Bank;
(b)an offence under section 177(4) where the requirement is imposed by the Bank;
(c)an offence under section 177(6) where the warrant is issued as a result of information on oath given by the Bank or a person appointed by it to conduct an investigation on its behalf;
(d)an offence under section 398(1) where the information was given to the Bank.
(2)Section 401(3B) has effect subject to the provision made by this paragraph (so that the FCA is not the appropriate regulator for the purposes of subsections (2)(a) and (3)(a) in respect of the above offences).]