Modifications etc. (not altering text)
C1Pt. 8 applied (with modifications) (18.6.2012) by The Recognised Auction Platforms Regulations 2011 (S.I. 2011/2699), regs. 1(2)(b), 6, Sch. 1 (as amended (3.1.2018) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) (No.2) Regulations 2017 (S.I. 2017/1255), regs. 2(b), 9)
(1)The Treasury may from time to time issue written guidance for the purpose of helping relevant authorities to determine the action to be taken in cases where behaviour occurs which is behaviour—
(a)with respect to which the power in section 123 appears to be exercisable; and
(b)which appears to involve the commission of an offence under [F1Part 7 of the Financial Services Act 2012] or Part V of the M1Criminal Justice Act 1993 (insider dealing).
(2)The Treasury must obtain the consent of the Attorney General and the Secretary of State before issuing any guidance under this section.
(3)In this section “relevant authorities”—
(a)in relation to England and Wales, means the Secretary of State, the [F2FCA], the Director of the Serious Fraud Office and the Director of Public Prosecutions;
(b)in relation to Northern Ireland, means the Secretary of State, the [F2FCA], the Director of the Serious Fraud Office and the Director of Public Prosecutions for Northern Ireland.
(4)Subsections (1) to (3) do not apply to Scotland.
(5)In relation to Scotland, the Lord Advocate may from time to time, after consultation with the Treasury, issue written guidance for the purpose of helping the [F2FCA] to determine the action to be taken in cases where behaviour mentioned in subsection (1) occurs.
Textual Amendments
F1Words in s. 130(1)(b) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 9 para. 9(4) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F2Word in ss. 121-130A substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 9 para. 9(1)(2) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
Marginal Citations