SCHEDULE 1Administration and enforcement of Parts 3, 4, and 5

PART 3Administrative sanctions and offences

Offences

Misleading the FCA or PRA16

1

A person must not, for the purposes of compliance or purported compliance with a requirement imposed by or under these Regulations or by Article 28 of the markets in financial instruments regulation knowingly or recklessly give a regulator information which is false or misleading in a material particular.

2

A person must not provide information to another person—

a

knowing; or

b

being reckless as to whether,

the information is false or misleading in a material particular and knowing that the information is to be provided to, or to be used for the purposes of providing information to, a regulator in connection with the discharge of its functions under these Regulations or with respect to Article 28 of the markets in financial instruments regulation.

3

A person who contravenes sub-paragraph (1) or (2) is guilty of an offence.

4

A person guilty of an offence under this paragraph is liable—

a

on summary conviction—

i

in England and Wales, to a fine;

ii

in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum; or

b

on conviction on indictment, to a fine.