Part XXVI Notices
Publication
F1391B.Publication: special provisions relating to the transparency obligations directive
(1)
This section applies where a decision notice, final notice or notice under section 89M relates to the imposition of a sanction or measure to which Article 29(1) of the transparency obligations directive applies.
(2)
Where the FCA publishes information under section 391(4) or subsection (3) about a matter to which a decision notice or a notice under section 89M relates and the person to whom the notice is given refers the matter to the Tribunal—
(a)
the FCA must include information to that effect in the publication at the time of the publication, or,
(b)
if the matter is referred to the Tribunal after the publication, the FCA must update the publication or publish that information separately.
(3)
Subject to subsection (4), where the FCA gives a final notice or a notice under section 89M, it must publish information on the type and nature of the breach and the identity of the person on whom the sanction or measure is imposed.
(4)
Information about a matter to which a final notice or a notice under section 89M relates may be published anonymously where—
(a)
the sanction is imposed on an individual and, following an obligatory prior assessment, publication of personal data is found to be disproportionate;
(b)
failing to publish anonymously would seriously jeopardise the stability of the financial system or an ongoing official investigation; or
(c)
failing to publish anonymously would cause, insofar as it can be determined, disproportionate and serious damage to the persons involved.
(5)
Where subsection (4) applies, the FCA may make such arrangements as to the publication of information (including as to the timing of publication) as are necessary to preserve the anonymity of the person on whom the sanction or measure is imposed.
(6)
In this section, the “transparency obligations directive” has the same meaning as in section 103(1).