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Criminal Justice Act 1993
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- 1993 c. 36
- SCHEDULE 1
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- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
- Act transitional provisions for effects of SI 2002/3150 by S.R. 2003/346 art. 3-6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 61A inserted by S.I. 2009/1941 Sch. 1 para. 141
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Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/120 art. 2 Sch. commences (2002 c. 29)
- S.I. 2003/333 art. 2 commences (2002 c. 29)
- S.I. 2003/3103 art. 2 commences (2003 c. 41)
- S.I. 2006/1439 art. 2 commences (2006 c. 15)
- S.I. 2006/3200 art. 2 commences (2006 c. 35)
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2008/2860 art. 3 4 Sch. 1 commences (2006 c. 46)
- S.I. 2009/2565 art. 2 commences (2006 c. 15)
- S.R. 2003/345 art. 3 commences (S.I. 2002/3150 (N.I.))
Market informationE+W+S+N.I.
2(1)An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows that—E+W+S+N.I.
(a)the information which he had as an insider was market information; and
(b)it was reasonable for an individual in his position to have acted as he did despite having that information as an insider at the time.
(2)In determining whether it is reasonable for an individual to do any act despite having market information at the time, there shall, in particular, be taken into account—
(a)the content of the information;
(b)the circumstances in which he first had the information and in what capacity; and
(c)the capacity in which he now acts.
3An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows—E+W+S+N.I.
(a)that he acted—
(i)in connection with an acquisition or disposal which was under consideration or the subject of negotiation, or in the course of a series of such acquisitions or disposals; and
(ii)with a view to facilitating the accomplishment of the acquisition or disposal or the series of acquisitions or disposals; and
(b)that the information which he had as an insider was market information arising directly out of his involvement in the acquisition or disposal or series of acquisitions or disposals.
4For the purposes of paragraphs 2 and 3 market information is information consisting of one or more of the following facts—E+W+S+N.I.
(a)that securities of a particular kind have been or are to be acquired or disposed of, or that their acquisition or disposal is under consideration or the subject of negotiation;
(b)that securities of a particular kind have not been or are not to be acquired or disposed of;
(c)the number of securities acquired or disposed of or to be acquired or disposed of or whose acquisition or disposal is under consideration or the subject of negotiation;
(d)the price (or range of prices) at which securities have been or are to be acquired or disposed of or the price (or range of prices) at which securities whose acquisition or disposal is under consideration or the subject of negotiation may be acquired or disposed of;
(e)the identity of the persons involved or likely to be involved in any capacity in an acquisition or disposal.
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