Part VIIIU.K. Penalties for Market Abuse

Modifications etc. (not altering text)

The codeU.K.

119 The code.U.K.

(1)The [F1FCA] must prepare and issue a code containing such provisions as the [F1FCA] considers will give appropriate guidance to those determining whether or not behaviour amounts to market abuse.

(2)The code may among other things specify—

(a)descriptions of behaviour that, in the opinion of the [F1FCA], amount to market abuse;

(b)descriptions of behaviour that, in the opinion of the [F1FCA], do not amount to market abuse;

(c)factors that, in the opinion of the [F1FCA], are to be taken into account in determining whether or not behaviour amounts to market abuse.

[F2(d)descriptions of behaviour that are accepted market practices in relation to one or more specified markets;

(e)descriptions of behaviour that are not accepted market practices in relation to one or more specified markets.]

[F3(2A) In determining, for the purposes of subsections (2)(d) and (2)(e) or otherwise, what are and what are not accepted market practices, the [F1FCA] must have regard to the factors and procedures laid down in Articles 2 and 3 respectively of Commission Directive 2004/72/ EC of 29 April 2004 implementing Directive 2003/6/ EC of the European Parliament and of the Council.]

(3)The code may make different provision in relation to persons, cases or circumstances of different descriptions.

(4)The [F1FCA] may at any time alter or replace the code.

(5)If the code is altered or replaced, the altered or replacement code must be issued by the [F1FCA].

(6)A code issued under this section must be published by the [F1FCA] in the way appearing to the [F1FCA] to be best calculated to bring it to the attention of the public.

(7)The [F1FCA] must, without delay, give the Treasury a copy of any code published under this section.

(8)The [F1FCA] may charge a reasonable fee for providing a person with a copy of the code.

Textual Amendments