F1Part 8AShort selling
Breach of short selling rules etc
131JImposition of penalties under section 131G: statement of policy
1
The Authority must prepare and issue a statement of its policy with respect to—
a
the imposition of penalties under section 131G; and
b
the amount of penalties under that section.
2
The Authority's policy in determining what the amount of a penalty should be must include having regard to—
a
the seriousness of the contravention;
b
the extent to which the contravention was deliberate or reckless; and
c
whether the person on whom the penalty is to be imposed is an individual.
3
The Authority may at any time alter or replace a statement issued under this section.
4
If a statement issued under this section is altered or replaced, the Authority must issue the altered or replaced statement.
5
The Authority must, without delay, give the Treasury a copy of any statement which it publishes under this section.
6
A statement issued under this section must be published by the Authority in the way appearing to the Authority to be best calculated to bring it to the attention of the public.
7
The Authority may charge a reasonable fee for providing a person with a copy of the statement.
8
In exercising, or deciding whether to exercise, a power under section 131G in the case of any particular contravention, the Authority must have regard to any statement of policy published under this section and in force at a time when the contravention occurred.
Pt. 8A inserted (8.6.2010) by Financial Services Act 2010 (c. 28), ss. 8, 26(2)(b)