The Crime and Courts Act 2013 (Deferred Prosecution Agreements) (Amendment of Specified Offences) Order 2018

Statutory Instruments

2018 No. 1170

Criminal Law, England And Wales

The Crime and Courts Act 2013 (Deferred Prosecution Agreements) (Amendment of Specified Offences) Order 2018

Made

18th September 2018

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the power conferred by paragraph 31 of Schedule 17 to the Crime and Courts Act 2013(1).

In accordance with section 58(4)(h) of the Crime and Courts Act 2013, a draft of this instrument has been laid before Parliament and approved by resolution of each House of Parliament.

Citation and commencement

1.  This Order may be cited as the Crime and Courts Act 2013 (Deferred Prosecution Agreements) (Amendment of Specified Offences) Order 2018 and comes into force at the end of the period of 21 days beginning with the day on which it is made.

Amendment of Part 2 of Schedule 17 to the Crime and Courts Act 2013

2.—(1) Part 2 of Schedule 17 to the Crime and Courts Act 2013 (offences in relation to which a deferred prosecution agreement may be entered into) is amended as follows.

(2) In paragraph 22, omit sub-paragraph (e).

(3) After paragraph 26, insert—

“26ZA.   An offence under any of the following sections of the Financial Services Act 2012(2)—

(a) section 89 (misleading statements);

(b) section 90 (misleading impressions);

(c) section 91 (misleading statements etc. in relation to benchmarks).”.

Lucy Frazer

Parliamentary Under-Secretary of State

Ministry of Justice

18th September 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends Schedule 17 to the Crime and Courts Act 2013 (“the Act”).

Section 45 of, and Schedule 17 to, the Act make provision for deferred prosecution agreements (“DPA”). A DPA is an agreement between a prosecutor and an organisation facing prosecution for an alleged economic or financial offence specified in Schedule 17. The Financial Services Act 2012 repealed the offences of making misleading statements and practices under section 397 of the Financial Services and Markets Act 2000, and replaced it with offences concerning misleading statements and impressions under sections 89, 90 and 91 of the Financial Services Act 2012.

This Order removes the offences under section 397 of the Financial Services and Markets Act 2000 from Part 2 of Schedule 17 to the Act ( offences in relation to which a DPA may be entered into), and includes the offences under sections 89, 90 and 91 of the Financial Services Act 2012 instead.

No impact assessment has been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2013 c. 22.

(2)

2012 c. 21. Sections 89 to 91 were amended by regulations 15(2) to (4) of S.I. 2016/680.