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Financial Services and Markets Act 2000

Financial Services and Markets Act 2000 s 131L

s 131L Offences

(1) If a relevant person (“A”) fails to comply with a requirement imposed on A under section 131E or 131F the FCA may certify that fact in writing to the court. (2) If the court is satisfied that A failed without reasonable excuse to comply with the requirement, it may deal with A (and where A is a body corporate, any director or officer) as if A (or as the case may be the director or officer) were in contempt; and “officer”, in relation to a limited liability partnership, means a member of the limited liability partnership. (3) A relevant person (“B”) who, in purported compliance with a requirement imposed on B under section 131E or 131F— (a) provides information which B knows to be false or misleading in a material particular, or (b) recklessly provides information which is false or misleading in a material particular, is guilty of an offence. (4) A person guilty of an offence under subsection (3) is liable— (a) on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both. (5) Any person who intentionally obstructs the exercise of any rights conferred by a warrant under section 131FB is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 5 on the standard scale, or both. (6) In relation to any contravention by a person, the FCA may not exercise both— (a) its powers under section 131G(2), and (b) its powers under subsection (1). (7) In this section— “court” means— the High Court; in Scotland, the Court of Session; “relevant person” means— an authorised person, a person who has been an authorised person, a person who is for the purposes of section 165 connected with an authorised person or with a person within paragraph (b).

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