CHAPTER 5U.K. ADMINISTRATIVE MEASURES AND SANCTIONS

Article 31U.K.Exercise of supervisory powers and imposition of sanctions

1.F1... When determining the type and level of administrative sanctions, [F2the FCA must] take into account all relevant circumstances, including, where appropriate:

(a)the gravity and duration of the infringement;

(b)the degree of responsibility of the person responsible for the infringement;

(c)the financial strength of the person responsible for the infringement, as indicated, for example, by the total turnover of a legal person or the annual income of a natural person;

(d)the importance of the profits gained or losses avoided by the person responsible for the infringement, insofar as they can be determined;

(e)the level of cooperation of the person responsible for the infringement with the [F3FCA], without prejudice to the need to ensure disgorgement of profits gained or losses avoided by that person;

(f)previous infringements by the person responsible for the infringement; and

(g)measures taken by the person responsible for the infringement to prevent its repetition.

F42.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments