Part VIII

Provisions relating to market abuse

Powers to require information and supplemental provisions

Offences
122F
1
If a person (“A”) fails to comply with a requirement imposed on A under section 122B or 122C the FCA may certify that fact in writing to the court.
2
If the court is satisfied that A failed without reasonable excuse to comply with the requirement, it may deal with A (and where A is a body corporate, any director or other officer) as if A (or as the case may be the director or officer) were in contempt.
3
A person (“B”) who, in purported compliance with a requirement imposed on B under section 122B or 122C—
a
provides information which B knows to be false or misleading in a material particular; or
b
recklessly provides information which is false or misleading in a material particular;
is guilty of an offence.
4
A person guilty of an offence under subsection (3) is liable—
a
on summary conviction—
i
in England and Wales, to imprisonment for a term not exceeding three months or a fine, or both;
ii
in Scotland, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both;
iii
in Northern Ireland, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.
5
Any person who intentionally obstructs the exercise of any rights conferred by a warrant under section 122D is guilty of an offence and liable on summary conviction—
a
in England and Wales, to imprisonment for a term not exceeding three months or a fine, or both;
b
in Scotland, to imprisonment for a term not exceeding three months or a fine not exceeding level 5 on the standard scale, or both;
c
in Northern Ireland, to imprisonment for a term not exceeding three months or a fine not exceeding level 5 on the standard scale, or both.
6
In this section—
a
“court” means—
i
the High Court;
ii
in Scotland, the Court of Session;
b
“officer”, in relation to a limited liability partnership, means a member of the partnership.
Pt. 8 heading substituted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 9(2)
Ss. 122A-122I and cross-headings inserted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 9(4)
Pt. 8 applied (with modifications) (18.6.2012) by The Recognised Auction Platforms Regulations 2011 (S.I. 2011/2699), regs. 1(2)(b), 6, Sch. 1 (as amended (3.1.2018) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) (No.2) Regulations 2017 (S.I. 2017/1255), regs. 2(b), 9)