Part VIII

Provisions relating to market abuse

Other administrative powers

Publication of corrective statements generally
122H
1
If condition A or B is met, the FCA may, by notice in writing, require a person to publish—
a
specified information; or
b
a specified statement
correcting false or misleading information made public, or a false or misleading impression given to the public, by that person.
2
Condition A is met if the FCA considers that the publication of the information or statement is necessary for the purpose of protecting—
a
the interests of users of financial markets and exchanges in the United Kingdom; or
b
the orderly operation of financial markets and exchanges in the United Kingdom.
3
Condition B is met if the FCA considers that the publication of the information or statement is necessary for the purpose of the exercise by it of functions under the market abuse regulation or
under supplementary market abuse legislation
.
4
Information or statements required to be published under this section must be published—
a
before the end of such reasonable period as may be specified; and
b
by any method as may be specified.
5
If a person fails to comply with a requirement to publish information or a statement under this section the FCA may publish the information or statement.
6
But before doing so, the FCA must give that person an opportunity to make representations to it regarding its decision to publish the information or statement under subsection (5).
7
In this section “specified” means specified in the notice.
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)
Words in s. 122H(3) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 5(5); 2020 c. 1, Sch. 5 para. 1(1)
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)