PART 4Conduct of persons working in financial services sector

Offence

I138Institution of proceedings

1

In this section “an offence” means an offence under section 36.

2

Proceedings for an offence may be instituted in England and Wales only—

a

by the FCA, the PRA 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 FCA, the PRA or the Secretary of State, or

b

by or with the consent of the Director of Public Prosecutions for Northern Ireland.

4

In exercising its power to institute proceedings for an offence, the FCA or the PRA must comply with any conditions or restrictions imposed in writing by the Treasury.

5

Conditions or restrictions may be imposed under subsection (4) in relation to—

a

proceedings generally, or

b

such proceedings, or categories of proceedings, as the Treasury may direct.