C1Part V Performance of Regulated Activities
F1Performance of controlled functions without approval
Ss. 63A-63D and preceding cross-heading inserted (8.6.2010) by Financial Services Act 2010 (c. 28), ss. 11, 26(2)(b)
63CStatement of policy
1
The Authority must prepare and issue a statement of its policy with respect to—
a
the imposition of penalties under section 63A; and
b
the amount of penalties under that section.
2
The Authority's policy in determining whether a penalty should be imposed, and what the amount of a penalty should be, must include having regard to—
a
the conduct of the person on whom the penalty is to be imposed;
b
the extent to which the person could reasonably be expected to have known that a controlled function was performed without approval;
c
the length of the period during which the person performed a controlled function without approval; and
d
whether the person on whom the penalty is to be imposed is an individual.
3
The Authority's policy in determining whether a penalty should be imposed on a person must also include having regard to the appropriateness of taking action against the person instead of, or in addition to, taking action against an authorised person.
4
A statement issued under this section must include an indication of the circumstances in which the Authority would expect to be satisfied that a person could reasonably be expected to have known that the person was performing a controlled function without approval.
5
The Authority may at any time alter or replace a statement issued under this section.
6
If a statement issued under this section is altered or replaced, the Authority must issue the altered or replaced statement.
7
The Authority must, without delay, give the Treasury a copy of any statement which it publishes under this section.
8
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.
9
The Authority may charge a reasonable fee for providing a person with a copy of the statement.
10
In exercising, or deciding whether to exercise, its power under section 63A in the case of any particular person, the Authority must have regard to any statement of policy published under this section and in force at a time when the person concerned performed a controlled function without approval.
Pt. V (ss. 56-71) modified (1.12.2001) by S.I. 2001/3592, arts. 1(2), 114(3)(a), 128(3)(a) (with art. 23(2))