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23.—(1) If a person fails to comply with a requirement imposed on that person under regulation 7 or regulation 13, the FCA may certify that fact in writing to the court.
(2) If the court is satisfied that the person failed without reasonable excuse to comply with the requirement, it may deal with the person as if that person were in contempt.
(3) A person commits an offence if that person discloses information in contravention of regulation 11 or 12, or publishes information in contravention of regulation 21.
(4) A person guilty of an offence under paragraph (3) is liable—
(a)on summary conviction—
(i)in England and Wales, to imprisonment for a term not exceeding three months, to a fine or to both,
(ii)in Scotland or Northern Ireland, to imprisonment for a term not exceeding three months, to a fine not exceeding the statutory maximum or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(5) It is a defence for a person charged with an offence under paragraph (3) of disclosing or publishing information to prove that they reasonably believed—
(a)that the disclosure or publication was lawful; or
(b)that the information had already and lawfully been made available to the public.
(6) In this regulation, “court” means—
(a)the High Court;
(b)in Scotland, the Court of Session.
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