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Regulators: Criminal Prosecutions

Volume 699: debated on Wednesday 5 March 2008

asked Her Majesty's Government:

Further to the Written Answer by Lord Davies of Oldham on 28 January (Official Report, 28/1/08; col. WA 91-92) on regulators: criminal prosecutions, what were the categories of offences for which the prosecutions were brought. [HL2165]

Financial Services Authority —the FSA's prosecutions fall into two categories: prosecutions brought under the Financial Services and Markets Act 2000 and prosecutions under the Industrial and Provident Societies Act 1965.

Offences under the Industrial and Provident Societies Act 1965 usually relate to the failure of industrial or provident societies to provide the FSA with financial or other documents (such as balance sheets) when they are to do so. The FSA brought 41 prosecutions under this Act in the relevant period.

There have been three prosecutions under the Financial Services and Markets Act 2000. These prosecutions were for unauthorised deposit taking, making a misleading statement to the market and for offences relating to acting as an unauthorised stockbroker.

Private Security Industry Act 2001—these offences are prosecuted by a range of different authorities, including the Crown Prosecution Service, local authorities and the Security Industry Authority itself.

Of the 335 prosecutions under the Private Security Industry Act 2001 from 2004 to 2006, 306 prosecutions were for offences related to carrying out licensable activities without a licence.

Other prosecutions were for a range of offences, such as using an unlicensed wheel-clamping operative, or offences related to the Security Industry Authority's powers of entry and inspection.

Statistics Board/Office for National Statistics—all prosecutions brought by the Office for National Statistics were brought under the Statistics of Trade Act 1947. These offences usually relate to the failure to provide the Office for National Statistics with information when requested to do so in accordance with the Statistics of Trade Act.