Article 31 Exercise of supervisory powers and imposition of sanctions
United Kingdom
F1... When determining the type and level of administrative sanctions, F2the FCA must take into account all relevant circumstances, including, where appropriate:
the gravity and duration of the infringement;
the degree of responsibility of the person responsible for the infringement;
the financial strength of the person responsible for the infringement, as indicated, for example, by the total turnover of a legal person or the annual income of a natural person;
the importance of the profits gained or losses avoided by the person responsible for the infringement, insofar as they can be determined;
the level of cooperation of the person responsible for the infringement with the F3FCA, without prejudice to the need to ensure disgorgement of profits gained or losses avoided by that person;
previous infringements by the person responsible for the infringement; and
measures taken by the person responsible for the infringement to prevent its repetition.
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Annotations
Textual amendments
- F1
Words in Art. 31(1) omitted (31.12.2020) by virtue of The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 14(2)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Art. 31(1) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 14(2)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in Art. 31(1)(e) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 14(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Art. 31(2) omitted (31.12.2020) by virtue of The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 14(2)(b); 2020 c. 1, Sch. 5 para. 1(1)