C9C8C14C15C16C24Part XXVII Offences

Annotations:
Modifications etc. (not altering text)
C9

Pt. 27 applied (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2013 (S.I. 2013/1881), arts. 1(2)(6), 50(3)

C8

Pt. 27 applied (with modifications) (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services Act 2012 (Consumer Credit) Order 2013 (S.I. 2013/1882), arts. 1(1), 3(12)

C14

Pt. 27 modified (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 1 para. 23 (with reg. 7)

C15

Pt. 27 applied (with modifications) (3.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Data Reporting Services Regulations 2017 (S.I. 2017/699), regs. 1(2)(a)(b), 38

Miscellaneous offences

F2397 Misleading statements and practices.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C1C2C3C6C7C10C11C12C13C17C23C18C19C22398 Misleading F1FCA or PRA: residual cases.

C4C5C211

A person who, in purported compliance with any requirement F5falling within subsection (1A) knowingly or recklessly gives F3a regulator information which is false or misleading in a material particular is guilty of an offence.

F41A

A requirement falls within this subsection if it is imposed by or under—

a

this Act;

b

the Alternative Investment Fund Managers Regulations 2013;

F14ba

the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701);

c

the short selling regulation;

d

Regulation (EU) No 345/2013 of the European Parliament and the Council of 17 April 2013 on European venture capital funds; F9...

e

Regulation (EU) No 346/2013 of the European Parliament and the Council of 17 April 2013 on European social entrepreneurship funds. F10; F11...

F15ea

any directly applicable EU regulation made under the markets in financial instruments directive;

eb

the markets in financial instruments regulation and any directly applicable EU regulation made under it; or

F8f

Regulation (EU) No 2015/760 of the European Parliament and of the Council of 29th April 2015 on European Long-term Investment Funds F13...F12; F17...

g

the market abuse regulation.F18...

F16h

the EU Benchmarks Regulation 2016.F19; F22...

F20i

the MMF Regulation.F23; or

F21j

the prospectus regulation (as defined by section 103).

2

Subsection (1) applies only to a requirement in relation to which no other provision of this Act creates an offence in connection with the giving of information.

C4C53

A person guilty of an offence under this section is liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to a fine.

C20399 Misleading F6the CMA.

Section 44 of the M1Competition Act 1998 (offences connected with the provision of false or misleading information) applies in relation to any function of F7the Competition and Markets Authority under this Act as if it were a function under Part I of that Act.