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Financial Services and Markets Act 2000

Financial Services and Markets Act 2000

2000 CHAPTER 8

Commentary on Sections

Part Xxvii: Offences

Section 402: Power of the Authority to institute proceedings for certain other offences

712.This section allows the Authority to prosecute in England, Wales or Northern Ireland two criminal offences which are not in this Act.  These are the offences of insider dealing (Part V of the Criminal Justice Act 1993) and breach of the Money Laundering Regulations 1993 (regulation 5).

713.Subsections (2) and (3) give the Treasury the power to set conditions relating to the way in which the Authority can bring proceedings for these offences.  For example, the Treasury could require the Authority to comply with the Code for Crown Prosecutors.

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