Part V

Performance of Regulated Activities

Conduct

Conduct: statements and codes
64
1
The Authority may issue statements of principle with respect to the conduct expected of approved persons.
2
If the Authority issues a statement of principle under subsection (1), it must also issue a code of practice for the purpose of helping to determine whether or not a person’s conduct complies with the statement of principle.
3
A code issued under subsection (2) may specify—
a
descriptions of conduct which, in the opinion of the Authority, comply with a statement of principle;
b
descriptions of conduct which, in the opinion of the Authority, do not comply with a statement of principle;
c
factors which, in the opinion of the Authority, are to be taken into account in determining whether or not a person’s conduct complies with a statement of principle.
4
The Authority may at any time alter or replace a statement or code issued under this section.
5
If a statement or code is altered or replaced, the altered or replacement statement or code must be issued by the Authority.
6
A statement or code issued under this section must be published by the Authority in the way appearing to the Authority to be best calculated to bring it to the attention of the public.
7
A code published under this section and in force at the time when any particular conduct takes place may be relied on so far as it tends to establish whether or not that conduct complies with a statement of principle.
8
Failure to comply with a statement of principle under this section does not of itself give rise to any right of action by persons affected or affect the validity of any transaction.
9
A person is not to be taken to have failed to comply with a statement of principle if he shows that, at the time of the alleged failure, it or its associated code of practice had not been published.
10
The Authority must, without delay, give the Treasury a copy of any statement or code which it publishes under this section.
11
The power under this section to issue statements of principle and codes of practice—
a
includes power to make different provision in relation to persons, cases or circumstances of different descriptions; and
b
is to be treated for the purposes of section 2(4)(a) as part of the Authority’s rule-making functions.
12
The Authority may charge a reasonable fee for providing a person with a copy of a statement or code published under this section.
13
“Approved person” means a person in relation to whom the Authority has given its approval under section 59.