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.