Section 122F: Offences, Financial Services and Markets Act 2000

If a person ("A") fails to comply with a requirement imposed on A under section 122B or 122C the FCA may certify that fact in writing to the court.

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 other officer) as if A (or as the case may be the director or officer) were in contempt.

A person ("B") who, in purported compliance with a requirement imposed on B under section 122B or 122C—

provides information which B knows to be false or misleading in a material particular; or

recklessly provides information which is false or misleading in a material particular;

is guilty of an offence.

A person guilty of an offence under subsection (3) is liable—

on summary conviction—

in England and Wales, to imprisonment for a term not exceeding three months or a fine, or both;

in Scotland, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both;

in Northern Ireland, to imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both;

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

Any person who intentionally obstructs the exercise of any rights conferred by a warrant under section 122D is guilty of an offence and liable on summary conviction—

in England and Wales, to imprisonment for a term not exceeding three months or a fine, or both;

in Scotland, to imprisonment for a term not exceeding three months or a fine not exceeding level 5 on the standard scale, or both;

in Northern Ireland, to imprisonment for a term not exceeding three months or a fine not exceeding level 5 on the standard scale, or both.

In this section—

"court" means—

the High Court;

in Scotland, the Court of Session;

"officer", in relation to a limited liability partnership, means a member of the partnership.

Section 122F: Offences

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