Part XVIIIRecognised investment exchanges, clearing houses , CSDs and other parties

F1CHAPTER 2APerformance of functions of recognised bodies

Prohibition

309EOffence of breaching prohibition

(1)

An individual who performs a function, or agrees to perform a function, in breach of a Part 18 prohibition order is guilty of an offence.

(2)

An individual who commits an offence under this section is liable—

(a)

on summary conviction in England and Wales, to a fine;

(b)

on summary conviction in Scotland, to a fine not exceeding level 5 on the standard scale;

(c)

on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale.

(3)

In proceedings for an offence under this section, it is a defence for the individual to show that the individual took all reasonable precautions and exercised all due diligence to avoid committing the offence.