Part XXVII Offences
Institution of proceedings
401 Proceedings for offences.
F1(1)
In this section “offence” means—
(a)
an offence under this Act,
(b)
an offence under subordinate legislation made under this Act, or
(c)
an offence under Part 7 of the Financial Services Act 2012 (offences relating to financial services).
(2)
Proceedings for an offence may be instituted in England and Wales only—
(a)
by the F2appropriate regulator or the Secretary of State; or
(b)
by or with the consent of the Director of Public Prosecutions.
(3)
Proceedings for an offence may be instituted in Northern Ireland only—
(a)
by the F3appropriate regulator or the Secretary of State; or
(b)
by or with the consent of the Director of Public Prosecutions for Northern Ireland.
F4(3A)
For the purposes of subsections (2)(a) and (3)(a), the PRA is the “appropriate regulator” in respect of each of the following offences—
(a)
an offence under section 55P(10) where the contravention is of a requirement imposed by the PRA;
(b)
an offence under section 56(4) where the prohibition order is made by the PRA;
(c)
an offence under section 177(3) where the investigation is being, or is likely to be, conducted on behalf of the PRA;
(d)
an offence under section 177(4) where the requirement is imposed by the PRA;
(e)
an offence under section 177(6) where the warrant is issued as a result of information on oath given by the PRA or a person appointed by the PRA to conduct an investigation on its behalf;
(f)
an offence under section 191F(1) where the notice should have been given to the PRA;
(g)
an offence under any of section 191F(2) to F5(4) and (5) to (7) where the notice, approval or information was given to or by the PRA;
(h)
an offence under section 366(3), unless the activity of effecting or carrying out long-term contracts of insurance is not to any extent a PRA-regulated activity;
(i)
an offence under section 398(1) where the information was given to the PRA.
F6(3AB)
For the purposes of subsections (2)(a) and (3)(a), the Bank of England is the “appropriate regulator” in respect of an offence under section 191F(4A).
(3B)
For the purposes of subsections (2)(a) and (3)(a), the FCA is the “appropriate regulator” in respect of any other offence.
F7(4)
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(5)
In exercising its power to institute proceedings for an offence, the F8appropriate regulator must comply with any conditions or restrictions imposed in writing by the Treasury.
(6)
Conditions or restrictions may be imposed under subsection (5) in relation to—
(a)
proceedings generally; or
(b)
such proceedings, or categories of proceedings, as the Treasury may direct.
402 Power of F9FCA to institute proceedings for certain other offences.
(1)
Except in Scotland, the F10FCA may institute proceedings for an offence under—
(a)
Part V of the M1Criminal Justice Act 1993 (insider dealing); F11. . .
(b)
prescribed regulations relating to money laundering. F12 or
(c)
Schedule 7 to the Counter-Terrorism Act 2008 (terrorist financing or money laundering).
(2)
In exercising its power to institute proceedings for any such offence, the F13FCA must comply with any conditions or restrictions imposed in writing by the Treasury.
(3)
Conditions or restrictions may be imposed under subsection (2) in relation to—
(a)
proceedings generally; or
(b)
such proceedings, or categories of proceedings, as the Treasury may direct.
403 Jurisdiction and procedure in respect of offences.
(1)
A fine imposed on an unincorporated association on its conviction of an offence is to be paid out of the funds of the association.
(2)
Proceedings for an offence alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).
(3)
Rules of court relating to the service of documents are to have effect as if the association were a body corporate.
(4)
In proceedings for an offence brought against an unincorporated association—
(a)
section 33 of the M2Criminal Justice Act 1925 and Schedule 3 to the M3Magistrates’ Courts Act 1980 (procedure) apply as they do in relation to a body corporate;
(b)
section 70 of the M4Criminal Procedure (Scotland) Act 1995 (procedure) applies as if the association were a body corporate;
(c)
section 18 of the M5Criminal Justice (Northern Ireland) Act 1945 and Schedule 4 to the M6Magistrates’ Courts (Northern Ireland) Order 1981 (procedure) apply as they do in relation to a body corporate.
(5)
Summary proceedings for an offence may be taken—
(a)
against a body corporate or unincorporated association at any place at which it has a place of business;
(b)
against an individual at any place where he is for the time being.
(6)
Subsection (5) does not affect any jurisdiction exercisable apart from this section.
(7)
“Offence” means an offence under this Act F14or an offence under Part 7 of the Financial Services Act 2012 (offences relating to financial services).