C1 Part VIIIF2Provisions relating to market abuse

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)

Miscellaneous

128 Suspension of investigations.

1

If the F1FCA considers it desirable or expedient because of the exercise or possible exercise of a F3relevant power, it may direct a recognised investment exchange F5, recognised clearing house or recognised CSD—

a

to terminate, suspend or limit the scope of any inquiry which the exchange F6, clearing house or central securities depository is conducting under its rules; or

b

not to conduct an inquiry which the exchange F7, clearing house or central securities depository proposes to conduct under its rules.

2

A direction under this section—

a

must be given to the exchange F8, clearing house or central securities depository concerned by notice in writing; and

b

is enforceable, on the application of the F1FCA, by injunction or, in Scotland, by an order under section 45 of the M1Court of Session Act 1988.

F43

In this section “relevant power” means the FCA’s power—

a

to impose a penalty or publish a statement of censure under section 123;

b

to impose a prohibition under section 123A;

c

to impose a suspension or restriction under section 123B;

d

to appoint a person to conduct an investigation under section 168 in a case falling within subsection (2)(d) of that section; or

e

to appoint a person to conduct an investigation under section 169 (investigation etc in support of an overseas regulator) in a case falling within subsection (2A) of that section.