F1SCHEDULE 1ZAThe Financial Conduct Authority
PART 3Penalties and fees
Penalties
20
(1)
The FCA must in respect of each of its financial years pay to the Treasury its penalty receipts after deducting its enforcement costs.
(2)
The FCA's “penalty receipts” in respect of a financial year are any amounts received by it during the year by way of penalties imposed under this Act.
(3)
The FCA's “enforcement costs” in respect of a financial year are the expenses incurred by it during the year in connection with—
(a)
the exercise, or consideration of the possible exercise, of any of its enforcement powers in particular cases, or
(b)
the recovery of penalties imposed under this Act F2or under a provision mentioned in sub-paragraph (4A).
(4)
For this purpose the FCA's enforcement powers are—
(a)
its powers under any of the provisions mentioned in section 133(7A),
(b)
its powers under section 56 (prohibition orders),
(c)
its powers under Part 25 of this Act (injunctions and restitution),
F3(ca)
its powers under the relevant competition provisions (as applied by Part 16A of this Act),
(d)
its powers under any other enactment specified by the Treasury by order,
(e)
its powers in relation to the investigation of relevant offences, and
(f)
its powers in England and Wales or Northern Ireland in relation to the prosecution of relevant offences.
F4(4A)
The relevant competition provisions” are—
(a)
section 31E of the Competition Act 1998 (enforcement of commitments);
(b)
section 34 of that Act (enforcement of directions);
(c)
section 36 of that Act (penalties);
(d)
section 40A of that Act (penalties: failure to comply with requirements);
(e)
section 174A of the Enterprise Act 2002 (penalties).
(5)
“Relevant offences” are—
(a)
offences under F5this Act,
(b)
offences under subordinate legislation made under F6this Act,
(c)
offences falling within section 402(1) F7...,
F8(ca)
offences under Part 1 of the Competition Act 1998,
(cb)
offences under Part 4 of the Enterprise Act 2002,
(d)
offences under Part 7 of the Financial Services Act 2012, and
(e)
any other offences specified by the Treasury by order.
(6)
The Treasury may give directions to the FCA as to how the FCA is to comply with its duty under sub-paragraph (1).
(7)
The directions may in particular—
(a)
specify descriptions of expenditure that are, or are not, to be regarded as incurred in connection with either of the matters mentioned in sub-paragraph (3),
(b)
relate to the calculation and timing of the deduction in respect of the FCA's enforcement costs, and
(c)
specify the time when any payment is required to be made to the Treasury.
(8)
The directions may also require the FCA to provide the Treasury at specified times with specified information relating to—
(a)
penalties that the FCA has imposed under this Act, or
(b)
the FCA's enforcement costs.
(9)
The Treasury must pay into the Consolidated Fund any sums received by them under this paragraph.