ENF 12
Discipline: public censures and public statements
ENF 12.1
Application
- 01/12/2004
ENF 12.1.1
See Notes
This chapter applies to any firm or person who may be the subject of public censure or a public statement. The Act empowers the FSA to issue a public censure or public statement in the following circumstances:
- (1) the FSA may issue a public censure on a firm under section 205 of the Act (Public censure) where it considers that the firm has contravened a requirement imposed on it by or under the Act;
- (2) the FSA may issue a public statement of misconduct on an approved person under section 66 of the Act (Disciplinary powers) where it considers that he is guilty of misconduct; misconduct is defined in the Act as failure to comply with a Statement of Principle issued by the FSA under section 64 of the Act (Conduct: statements and codes), or being knowingly concerned in a contravention by a firm of a requirement imposed on that firm by or under section 66 of the Act;
- (3) the FSA may issue a public statement under section 123 of the Act (Power to impose penalties in cases of market abuse) where a person has engaged in market abuse; this is considered separately in ENF 14 (Sanctions for market abuse);
- (4) the FSA may issue a public statement under section 91 of the Act (Penalties for breach of Part 6 rules of listing rules) where there has been a contravention of the listing rules (the powers relating to the UKLA are dealt with in the listing rules and related guidance).
- 01/12/2004
ENF 12.1.2
See Notes
- 01/12/2004
ENF 12.2
Purpose
- 01/12/2004
ENF 12.2.1
See Notes
- 01/12/2004
ENF 12.2.2
See Notes
- 01/12/2004
ENF 12.3
Factors in determining whether to issue a public censure or public statement
- 01/12/2004
ENF 12.3.1
See Notes
- 01/12/2004
ENF 12.3.2
See Notes
- 01/12/2004
ENF 12.3.3
See Notes
- 01/12/2004