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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 19 December 2012 - onwards

109. Payment to Treasury of penalties received by Financial Services Authority

(1) The Financial Services Authority ("the FSA") must in respect of its financial year beginning with 1 April 2012 and each subsequent financial year pay to the Treasury its penalty receipts after deducting its enforcement costs.

(2) The FSA's "penalty receipts" in respect of a financial year are any amounts received by it during the year by way of penalties imposed under FSMA 2000.

(3) The FSA's "enforcement costs" in respect of a financial year are the expenses incurred by it during the year in connection with -

(a) the exercise, or consideration of the possible exercise, of any of its enforcement powers in particular cases, or

(b) the recovery of penalties imposed under FSMA 2000.

(4) For this purpose the FSA's enforcement powers are -

(a) its powers under any of the provisions mentioned in subsection (5),

(b) its powers under any other enactment specified by the Treasury by order,

(c) its powers in relation to the investigation of relevant offences, and