The FCA must prepare and issue a statement of its policy with respect to the type and level of administrative sanctions it may impose on a relevant person.

The FCA’s policy in determining the type and level of administrative sanctions to be imposed must take into account all relevant circumstances including, where appropriate, the matters referred to in Article 31(1) of the market abuse regulation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The F1FCA may at any time alter or replace a statement issued under this section.

If a statement issued under this section is altered or replaced, the F1FCA must issue the altered or replacement statement.

When imposing, or deciding whether to impose, an administrative sanction on a relevant person the FCA must have regard to any statement published under this section in force at the time of the contravention.

A statement issued under this section must be published by the F1FCA in the way appearing to the F1FCA to be best calculated to bring it to the attention of the public.

The F1FCA may charge a reasonable fee for providing a person with a copy of a statement published under this section.

The F1FCA must, without delay, give the Treasury a copy of any statement which it publishes under this section.

In this section—

• “administrative sanction” means—

  1. a

     a penalty or statement of censure imposed or published under section 123;

  2. b

     a prohibition imposed under section 123A; or

  3. c

     a suspension or restriction imposed under section 123B; and

• “relevant person” means a person—

  1. a

     who has contravened Article 14 (prohibition of insider dealing and of unlawful disclosure of inside information) or Article 15 (prohibition of market manipulation) of the market abuse regulation;

  2. b

     who has contravened, or been knowingly concerned in the contravention of—

     1. i

        a provision of the market abuse regulation other than Article 14 or 15 of that regulation; or

     2. ii

        a provision of a supplementary EU regulation; or

  3. c

     who has contravened—

     1. i

        any requirement imposed on the person under section 122A, 122B, 122C, 122G, 122H, 122I, F7122IA, 123A or 123B; or

     2. ii

        in the case of a person other than an authorised person, any requirement relating to the market abuse regulation or a supplementary EU regulation imposed on the person under Part 11.