Section 312FA: Central securities depositories: further disciplinary measures

Financial Services and Markets Act 2000 · 2000 c. 8View on legislation.gov.uk

Part XVIII: Recognised investment exchanges, clearing houses , CSDs and other parties — CHAPTER 3B: Disciplinary measures in respect of recognised bodies

If the Bank of England considers that a contravention by a recognised CSD of a relevant requirement occurred with the consent or connivance of, or was attributable to any neglect on the part of, a member of the management body or other person who effectively controls the business of the recognised CSD, the Bank of England may do one or both of the following—

publish a statement to that effect;
impose on that person a penalty, in respect of the contravention, of such amount as it considers appropriate.

If the Bank of England considers that a member of the management body or other person who effectively controls the business of a recognised CSD is responsible for a contravention by the central securities depository of a relevant requirement, it may do one or more of the following—

publish a statement to that effect;
impose on that person a penalty, in respect of the contravention, of such amount as it considers appropriate;
prohibit that person from holding an office or position involving responsibility for taking decisions about the management of the recognised CSD.

A prohibition under subsection (2)(c) may apply—

for a specified period,
until further notice, or
for repeated serious contraventions, permanently.

The Bank of England may, on the application of the person subject to a prohibition under subsection (2)(c), vary or revoke the prohibition.

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