(1)If a specified prosecutor thinks that for the purposes of the investigation or prosecution of [F1an indictable offence or an offence triable either way] it is appropriate to offer any person immunity from prosecution [F2for any offence] he may give the person a written notice under this subsection (an “immunity notice”).
(2)If a person is given an immunity notice, no proceedings for an offence of a description specified in the notice may be brought against that person in England and Wales or Northern Ireland except in circumstances specified in the notice.
(3)An immunity notice ceases to have effect in relation to the person to whom it is given if the person fails to comply with any conditions specified in the notice.
(4)Each of the following is a specified prosecutor—
(a)the Director of Public Prosecutions;
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)the Director of the Serious Fraud Office;
(d)the Director of Public Prosecutions for Northern Ireland;
[F4[F5(da)the Financial Conduct Authority;
(daa)the Prudential Regulation Authority;
(dab)the Bank of England, where the indictable offence or offence triable either way which is being investigated or prosecuted is an offence under the Financial Services and Markets Act 2000;]
(db)the [F6Secretary of State for Business, Energy and Industrial Strategy] , acting personally;]
(e)a prosecutor designated for the purposes of this section by a prosecutor mentioned in paragraphs (a) to [F7(db)].
(5)The Director of Public Prosecutions or a person designated by him under subsection (4)(e) may not give an immunity notice in relation to proceedings in Northern Ireland.
(6)The Director of Public Prosecutions for Northern Ireland or a person designated by him under subsection (4)(e) may not give an immunity notice in relation to proceedings in England and Wales.
[F8(6A)In exercising the power to designate a prosecutor under subsection (4)(e), the [F9Financial Conduct Authority, the Prudential Regulation Authority, the Bank of England] and the [F10Secretary of State for Business, Energy and Industrial Strategy] may each designate only—
(a)one prosecutor (a “chief prosecutor”) to act at any one time, and
(b)an alternative prosecutor (a “deputy prosecutor”) to act as a specified prosecutor—
(i)when the chief prosecutor is unavailable, or
(ii)during any period when no chief prosecutor is designated.
[F11(6B)Paragraph 8(1) of Schedule 1ZA F12... to the Financial Services and Markets Act 2000 (arrangements for discharging functions) [F13and paragraph 17(1) of Schedule 6A to the Bank of England Act 1998 (delegation of functions)] do not apply to the exercise of the powers conferred on the Financial Conduct Authority or the Prudential Regulation Authority under this Chapter.
(6BA)Paragraph 11 of Schedule 1 to the Bank of England Act 1998 (power to delegate) does not apply to the exercise of the powers conferred on the Bank of England under this Chapter.]
(6C)An immunity notice may be given by the [F14Financial Conduct Authority, the Prudential Regulation Authority, the Bank of England], the [F15Secretary of State for Business, Energy and Industrial Strategy] or a prosecutor designated by [F16any of them] under subsection (4)(e), only with the consent of the Attorney General.]
(7)An immunity notice must not be given in relation to an offence under section 188 of the Enterprise Act 2002 (c. 40) (cartel offences).
Textual Amendments
F1Words in s. 71(1) substituted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 113(2)(a), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 6
F2Words in s. 71(1) inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 113(2)(b), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 6
F3S. 71(4)(b) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 42
F4S. 71(4)(da)(db) inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 113(3)(a), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 6
F5S. 71(4)(da)-(dab) substituted for s. 71(4)(da) (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 106(2) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F6Words in s. 71(4)(db) substituted (9.11.2016) by The Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016 (S.I. 2016/992), art. 1(2), Sch. para. 10 (with art. 13)
F7Word in s. 71(4)(e) substituted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 113(3)(b), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 6
F8S. 71(6A)-(6C) inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 113(4), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 6
F9Words in s. 71(6A) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 106(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F10Words in s. 71(6A) substituted (9.11.2016) by The Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016 (S.I. 2016/992), art. 1(2), Sch. para. 10 (with art. 13)
F11S. 71(6B)(6BA) substituted for s. 71(6B) (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 106(4) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F12Words in s. 71(6B) omitted (1.3.2017) by virtue of The Bank of England and Financial Services (Consequential Amendments) Regulations 2017 (S.I. 2017/80), reg. 1, Sch. para. 17(a)
F13Words in s. 71(6B) inserted (1.3.2017) by The Bank of England and Financial Services (Consequential Amendments) Regulations 2017 (S.I. 2017/80), reg. 1, Sch. para. 17(b)
F14Words in s. 71(6C) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 106(5)(a) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F15Words in s. 71(6C) substituted (9.11.2016) by The Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016 (S.I. 2016/992), art. 1(2), Sch. para. 10 (with art. 13)
F16Words in s. 71(6C) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 106(5)(b) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
Commencement Information
I1S. 71 in force at 1.4.2006 by S.I. 2006/378, art. 5(1)