F1PART 9CPrudential regulation of FCA investment firms

Annotations:
Amendments (Textual)

Disciplinary measures for non-authorised parent undertakings

143YStatement of policy for penalties under section 143W

1

The FCA must prepare and issue a statement of policy with respect to—

a

the imposition of penalties under section 143W, and

b

the amount of penalties under that section.

2

The FCA's policy in determining what the amount of a penalty should be must include having regard to—

a

the seriousness of the contravention,

b

the extent to which the contravention was deliberate or reckless, and

c

whether the person on whom the penalty is to be imposed is an individual.

3

The FCA may at any time alter or replace a statement issued under this section.

4

If a statement issued under this section is altered or replaced, the FCA must issue the altered or replacement statement.

5

In exercising, or deciding whether to exercise, a power under section 143W(2) in the case of any particular contravention, the FCA must have regard to any statement of policy published under this section and in force at a time when the contravention occurred.

6

A statement under this section must be published by the FCA in the way appearing to the FCA to be best calculated to bring it to the attention of the public.

7

The FCA must, without delay, give the Treasury a copy of any statement which it publishes under this section.

8

The FCA may charge a reasonable fee for providing a person with a copy of a statement published under this section.