Section 192Y Power to impose penalty or issue censureF1
This section applies if the PRA is satisfied that a company which is or has been a financial holding company or a mixed financial holding company (“the company”) has contravened a requirement imposed by—
this Part;
a direction given to the company by the PRA under section 192T;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 192XA rules; or
the capital requirements regulation or an instrument made under that regulation.
The PRA may impose a penalty of such amount as it considers appropriate on—
the company; or
any person who was knowingly concerned in the contravention.
The PRA may, instead of imposing a penalty on a person, publish a statement censuring the person.
The PRA may not take action against a person under this section after the end of the limitation period unless, before the end of that period, it has given a warning notice to the person under section 192Z.
“The limitation period” means the period of 3 years beginning with the first day on which the PRA knew of the contravention.
For this purpose the PRA is to be treated as knowing of a contravention if it has information from which the contravention can reasonably be inferred.
Annotations
Textual amendments
- F1
Pt. 12B inserted (28.12.2020 for specified purposes, 29.12.2020 in so far as not already in force) by The Financial Holding Companies (Approval etc.) and Capital Requirements (Capital Buffers and Macro-prudential Measures) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1406), regs. 1(3)(a)(b), 2(7) (with reg. 5)
- F2
S. 192Y(1)(c) omitted (9.6.2021) by virtue of Financial Services Act 2021 (c. 22), s. 49(5), Sch. 3 para. 17(a) (with Sch. 3 Pt. 4); S.I. 2021/671, reg. 2(d)
- F3
S. 192Y(1)(ca) inserted (9.6.2021) by Financial Services Act 2021 (c. 22), s. 49(5), Sch. 3 para. 17(b) (with Sch. 3 Pt. 4); S.I. 2021/671, reg. 2(d)
- F4
S. 192Y(1)(d) substituted (9.6.2021) by Financial Services Act 2021 (c. 22), s. 49(5), Sch. 3 para. 8 (with Sch. 3 Pt. 4); S.I. 2021/671, reg. 2(d)