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Financial Services and Markets Act 2000
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Changes over time for: Section 130
Alternative versions:
- 01/12/2001- Amendment
- 01/04/2013- Amendment
- 03/07/2016- Amendment
- 08/12/2017
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Financial Services and Markets Act 2000, Section 130 is up to date with all changes known to be in force on or before 12 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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130 Guidance.U.K.
This section has no associated Explanatory Notes
[F1(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—
(a)it appears a person has contravened Article 14 (prohibition of insider dealing and of unlawful disclosure of inside information) or Article 15 (prohibition of market manipulation) of the market abuse regulation; and
(b)in so doing the person appears to have committed an offence under Part 7 of the Financial Services Act 2012 or Part 5 of the Criminal 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 [F3mentioned in subsection (1)].
Textual Amendments
F1S. 130(1) substituted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 9(12)(a)
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.
F3Words in s. 130(5) substituted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 9(12)(b)
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