SCHEDULE 1Application and modification of the Act and secondary legislation
Offences8
1
Section 398 of the Act47 (misleading FCA or PRA: residual cases) applies in respect of requirements imposed by or under these Regulations and by or under the EU Securitisation Regulation 2017 as it applies in respect of requirements imposed by or under the Act.
2
Section 399 of the Act (misleading the CMA) does not apply.
3
Section 40048 (offences by bodies corporate etc.) applies in respect of offences under the Act as applied by these Regulations as it applies in respect of offences under the Act.
4
Section 401 of the Act49 (proceedings for offences) applies in respect of offences under the Act as applied by these Regulations as it applies in respect of offences under the Act, as if—
a
subsection (1)(c) were omitted;
b
references to the Secretary of State were omitted;
5
Section 402 of the Act (power of FCA to institute proceedings for certain other offences) does not apply; and
6
Section 40352 of the Act (jurisdiction and procedure in respect of offences) applies in respect of offences under the Act as applied by these Regulations as they apply in respect of offences under the Act, as if in subsection (7) for the words from “or an offence” to the end were omitted.