Securities Markets Order, 2013 · As enacted · Part II
41. Statement of policy
Official textFrom Attorney General's Chambers, unchanged
The Authority must prepare and issue a statement of its policy with respect to-
{a} the imposition of penalties under section 39; and
{b/ the amount of penalties under this section.
The Authority's policy in determining the amount of a penalty must have regard to -
{a}
the seriousness of the misconduct in question in relation to the nature of the principle or requirement concerned;
{b/ the extent to which that misconduct was deliberate or reckless; and
{c} whether the person on whom the penalty is to be imposed is an individual.
The Authority may at any time alter or replace a statement issued under this section.
If a statement issued under this section is altered or replaced, the
Authority must issue the altered or replaced statement.
The Authority must publish a statement issued under this section in the manner that appears to the Authority to be best calculated to bring it to the attention of the public.
{6)
The Authority may charge a reasonable fee for providing a person with a copy of the statement.
In exercising or deciding whether to exercise its power under section 39
in the case of any particular misconduct, the Authority must have regard to any statement of policy published under this section and in force at the time when the misconduct in question occurred.
Part III
Market Operators and Market Infrastructure
Part IV
Self-Regulating Organisations
Part X
Part X.
Part VI
Public Company Statements and Reporting Requirements
Part VII
Capital Markets Services Licence and Representative'S Licence
Part VIII
Books, Audit and Client'S Assets
Part IX
Part X
Intervention Powers of Authority
Part XI
Complaints Committee and Investor Compensation Scheme
Part XII
Financial Markets Services Panel
Part XIII