Section 122F OffencesF1

(1)

If a person (“A”) fails to comply with a requirement imposed on A under section 122B or 122C the FCA may certify that fact in writing to the court.

(2)

If the court is satisfied that A failed without reasonable excuse to comply with the requirement, it may deal with A (and where A is a body corporate, any director or other officer) as if A (or as the case may be the director or officer) were in contempt.

(3)

A person (“B”) who, in purported compliance with a requirement imposed on B under section 122B or 122C—

(a)

provides information which B knows to be false or misleading in a material particular; or

(b)

recklessly provides information which is false or misleading in a material particular;

is guilty of an offence.

(4)

A person guilty of an offence under subsection (3) is liable—

(a)

on summary conviction—

(i)

in England and Wales, to imprisonment for a term not exceeding three months or a fine, or both;

(ii)

in Scotland, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both;

(iii)

in Northern Ireland, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

(5)

Any person who intentionally obstructs the exercise of any rights conferred by a warrant under section 122D is guilty of an offence and liable on summary conviction—

(a)

in England and Wales, to imprisonment for a term not exceeding three months or a fine, or both;

(b)

in Scotland, to imprisonment for a term not exceeding three months or a fine not exceeding level 5 on the standard scale, or both;

(c)

in Northern Ireland, to imprisonment for a term not exceeding three months or a fine not exceeding level 5 on the standard scale, or both.

(6)

In this section—

(a)

“court” means—

(i)

the High Court;

(ii)

in Scotland, the Court of Session;

(b)

“officer”, in relation to a limited liability partnership, means a member of the partnership.

Annotations

Textual amendments

F1: Ss. 122A-122I and cross-headings inserted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 9(4)

Notes on Part VIII

Textual amendments

F1: Pt. 8 heading substituted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 9(2)

Modifications

C1: Pt. 8 applied (with modifications) (18.6.2012) by The Recognised Auction Platforms Regulations 2011 (S.I. 2011/2699), regs. 1(2)(b), 6, Sch. 1 (as amended (3.1.2018) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) (No.2) Regulations 2017 (S.I. 2017/1255), regs. 2(b), 9)