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Change 1
As published
101 Prosecution of offences, recovery of costs or expenses.
(1) Summary proceedings for an offence under this Act may be instituted by the FCA or by any person aggrieved.
(1A) In the application of subsection (1) to Scotland, the reference to the FCA is to be read as a reference to the Lord Advocate.
(1B) Summary proceedings for an offence under a provision listed in subsection (1C) may also be commenced by the PRA , in the circumstances specified in that subsection in relation to that provision, after notifying the FCA .
(1C) The provisions and the circumstances are—
(a) section 32 (audit of exempt societies and branches), if the failure referred to in subsection (4) of that section is a failure to comply with a direction given by the PRA under subsection (2) of that section;
(b) section 39C (power to require accounts of past years to be audited), if the failure referred to in subsection (2) of that section is a failure to comply with a direction given by the PRA under subsection (1) of that section; and
(c) section 98 (offences), if the neglect or refusal referred to in subsection (1)(b) of that section relates to an act or information required by the PRA.
(2) Any costs or expenses ordered or directed by the FCA or the PRA to be paid by any person under this Act shall be recoverable summarily as a civil debt.
(3) In the application of subsection (2) above to Scotland, the word “summarily” shall be omitted.
Your change, as a redline
101 Prosecution of offences, recovery of costs or expenses.
(1) Summary proceedings for an offence under this Act may be instituted by the FCA or by any person aggrieved.
(1A) In the application of subsection (1) to Scotland, the reference to the FCA is to be read as a reference to the Lord Advocate.
(1B) Summary proceedings for an offence under a provision listed in subsection (1C) may also be commenced by the PRA , in the circumstances specified in that subsection in relation to that provision, after notifying the FCA .
(1C) The provisions and the circumstances are—
(a) section 32 (audit of exempt societies and branches), if the failure referred to in subsection (4) of that section is a failure to comply with a direction given by the PRA under subsection (2) of that section;
(b) section 39C (power to require accounts of past years to be audited), if the failure referred to in subsection (2) of that section is a failure to comply with a direction given by the PRA under subsection (1) of that section; and
(c) section 98 (offences), if the neglect or refusal referred to in subsection (1)(b) of that section relates to an act or information required by the PRA.
(2) Any costs or expenses ordered or directed by the FCA or the PRA to be paid by any person under this Act shall be recoverable summarily as a civil debt.
(3) In the application of subsection (2) above to Scotland, the word “summarily” shall be omitted.
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