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.
Restriction on penalties17
1
A person who is convicted of an offence under these Regulations or under the Act as applied by these Regulations is not subsequently liable to a penalty under paragraph 11 in respect of the same acts or omissions that constituted the offence.
2
A person who is liable to a penalty under paragraph 11 is not subsequently liable for an offence under these Regulations in respect of the same acts or omissions that constituted the contravention of a requirement imposed by or under these Regulations for the purposes of that penalty.