Section 402: Power of FCA to institute proceedings for certain other offences.

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

Part XXVII: Offences

Except in Scotland, the FCA may institute proceedings for an offence under—

Part V of the Criminal Justice Act 1993 (insider dealing); . . .
prescribed regulations relating to money laundering. or
Schedule 7 to the Counter-Terrorism Act 2008 (terrorist financing or money laundering).

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

Conditions or restrictions may be imposed under subsection (2) in relation to—

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

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