Part XXVII Offences
Institution of proceedings
401 Proceedings for offences.
(1)
In this section “offence” means an offence under this Act or subordinate legislation made under this Act.
(2)
Proceedings for an offence may be instituted in England and Wales only—
(a)
by the Authority or the Secretary of State; or
(b)
by or with the consent of the Director of Public Prosecutions.
(3)
Proceedings for an offence may be instituted in Northern Ireland only—
(a)
by the Authority or the Secretary of State; or
(b)
by or with the consent of the Director of Public Prosecutions for Northern Ireland.
(4)
Except in Scotland, proceedings for an offence under section 203 may also be instituted by the Director General of Fair Trading.
(5)
In exercising its power to institute proceedings for an offence, the Authority must comply with any conditions or restrictions imposed in writing by the Treasury.
(6)
Conditions or restrictions may be imposed under subsection (5) in relation to—
(a)
proceedings generally; or
(b)
such proceedings, or categories of proceedings, as the Treasury may direct.