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

F1CHAPTER 3BDisciplinary measures in respect of recognised bodies

312EPublic censure

(1)

If the appropriate regulator considers that a recognised body F2or data reporting service provider has contravened a relevant requirement imposed on the body F3or provider, it may publish a statement to that effect.

F4(1A)

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(2)

Where the FCA is the appropriate regulator, a requirement is a “relevant requirement” for the purposes of this Chapter if it is—

(a)

a requirement that is imposed by or under any provision of this Part that relates to a recognised investment exchange F5or data reporting service provider,

(b)

a requirement that is imposed under any other provision of this Act by the FCA that relates to a recognised investment exchange,

(c)

a requirement that is imposed by a F6qualifying provision specified, or of a description specified, for the purposes of this subsection by the Treasury by order, or

(d)

a requirement that is imposed by this Act and whose contravention constitutes an offence that the FCA has power to prosecute under this Act (see section 401).

(3)

Where the Bank of England is the appropriate regulator, a requirement is a “relevant requirement” for the purposes of this Chapter if it is—

(a)

a requirement that is imposed by or under any provision of this Part that relates to a recognised clearing house F7, third country central counterparty or a recognised CSD,

(b)

a requirement that is imposed under any other provision of this Act by the Bank,

(c)

a requirement that is imposed by F8or under a F9qualifying provision specified, or of a description specified, for the purposes of this subsection by the Treasury by order, or

(d)

a requirement that is imposed by this Act and whose contravention constitutes an offence that the Bank has power to prosecute under this Act (see section 401, as applied by paragraph 31 of Schedule 17A).

F10(4)

In this Chapter “data reporting service provider” has the meaning given by regulation 2 of the F11Data Reporting Services Regulations 2024.