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Financial Services and Markets Act 2000
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Changes over time for: Section 401
Version Superseded: 01/04/2013
Alternative versions:
- 18/06/2001- Amendment
- 01/04/2003- Amendment
- 16/06/2006
Point in time - 01/04/2013- Amendment
- 26/07/2013- Amendment
- 01/04/2014- Amendment
- 18/09/2016- Amendment
- 16/12/2016- Amendment
- 01/01/2018- Amendment
- 14/11/2018- Amendment
- 01/01/2019- Amendment
- 30/09/2020- Amendment
- 31/12/2020- Amendment
- 31/05/2021- Amendment
- 30/01/2024- Amendment
- 01/11/2024- Amendment
Status:
Point in time view as at 16/06/2006. This version of this provision has been superseded.
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Financial Services and Markets Act 2000, Section 401 is up to date with all changes known to be in force on or before 09 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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401 Proceedings for offences.U.K.
This section has no associated Explanatory Notes
(1)In this section “offence” means an offence under this Act or subordinate legislation made under this Act.
(2)Proceedings for an offence may be instituted in England and Wales only—
(a)by the Authority or the Secretary of State; or
(b)by or with the consent of the Director of Public Prosecutions.
(3)Proceedings for an offence may be instituted in Northern Ireland only—
(a)by the Authority or the Secretary of State; or
(b)by or with the consent of the Director of Public Prosecutions for Northern Ireland.
(4)Except in Scotland, proceedings for an offence under section 203 may also be instituted by [F1the Office of Fair Trading]
(5)In exercising its power to institute proceedings for an offence, the Authority must comply with any conditions or restrictions imposed in writing by the Treasury.
(6)Conditions or restrictions may be imposed under subsection (5) in relation to—
(a)proceedings generally; or
(b)such proceedings, or categories of proceedings, as the Treasury may direct.
Textual Amendments
F1Words in s. 401 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 278(1), 279, Sch. 25 para. 40(17); S.I. 2003/766, art. 2, Sch. (with art. 3)
Modifications etc. (not altering text)
C1S. 401 applied (1.12.2001) by S.I. 1995/1537, reg. 23(6) (as amended (1.12.2001) by S.I. 2001/3649, arts. 1, 509(g))
C2S. 401 amended (1.12.2001) by S.I. 2001/2657, arts. 1(1), 10(8), 11(8), 13(1)(3) (which was revoked (8.10.2001) by S.I. 2001/3083, arts. 1(2), 23); S.I. 2001/3538, art. 2(1)
S. 401 amended (1.12.2001) by S.I. 2001/3083, arts. 1(2), 10(8), 11(8), 13(1); S.I. 2001/3538, art. 2(1)
S. 401 modified (1.12.2001) by S.I. 2001/3646, arts. 1(1), 12(2), 13(3)
C3S. 401 applied by Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), s. 15A(7) (as substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1), Sch. 1 para. 232(2) (with arts. 6, 11, 12))
C4S. 401 applied (with modifications) (7.6.2010) by The Credit Rating Agencies Regulations 2010 (S.I. 2010/906), reg. 27
C5S. 401(2)(3)(5)(6) applied (6.3.2008) by The Regulated Covered Bonds Regulations 2008 (S.I. 2008/346), reg. 38(2)
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