PART 6Monitoring of compliance and enforcement
CHAPTER 6Misleading the FCA
Proceedings for offence37
1
Proceedings for an offence under regulation 34 (misleading the FCA) may be instituted—
a
in England and Wales only by the FCA or by or with the consent of the Director of Public Prosecutions, or
b
in Northern Ireland only by the FCA or by or with the consent of the Director of Public Prosecutions for Northern Ireland.
2
In exercising its power to institute proceedings for an offence under regulation 34, the FCA must comply with any conditions or restrictions imposed in writing by the Treasury in relation to such proceedings.
3
Conditions or restrictions may be imposed under paragraph (2) in relation to—
a
proceedings generally; or
b
such proceedings, or categories of proceedings, as the Treasury may direct.