Section 122G Publication of information and corrective statements by issuersF1

United Kingdom

(1)

If condition A or B is met, the FCA may require an issuer F2or emission allowance market participant to publish—

(a)

specified information; or

(b)

a specified statement.

(2)

Condition A is met if the FCA considers that the publication of the information or statement is necessary for the purpose of protecting—

(a)

the interests of users of financial markets and exchanges in the United Kingdom; or

(b)

the orderly operation of financial markets and exchanges in the United Kingdom.

(3)

Condition B is met if—

(a)

the information or statement corrects false or misleading information made public, or a false or misleading impression given to the public, by that person; and

(b)

the FCA considers that the publication of the information is necessary for the purpose of the exercise by it of functions under the market abuse regulation or F3under supplementary market abuse legislation.

(4)

Information or statements required to be published under this section must be published—

(a)

before the end of such reasonable period as may be specified; and

(b)

by any method as may be specified.

(5)

If a person fails to comply with a requirement to publish information or a statement under this section, the FCA may publish the information or statement.

(6)

But before doing so, the FCA must give that person an opportunity to make representations to it regarding its decision to publish the information or statement under subsection (5).

(F47)

In this section—

“emission allowance market participant” has the same meaning as in Article F53.1.20 (definitions) of the market abuse regulation; and
“specified” means specified by the FCA.

(8)

For the meaning of “issuer”, see section 131AB.

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)
F2: Words in s. 122G(1) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 2 para. 9(2) (with reg. 7)
F3: Words in s. 122G(3)(b) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 5(4); 2020 c. 1, Sch. 5 para. 1(1)
F4: S. 122G(7) substituted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 2 para. 9(3) (with reg. 7)
F5: Word in s. 122G(7) substituted (19.2.2019) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(2), 3

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)