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Status: You are viewing the version of the handbook as on 2005-06-30.

DEC 4.6 Decisions to apply to the civil courts and to prosecute criminal offences1

DEC 4.6.1G

A decision to begin, or discontinue, proceedings using the powers listed in DEC 1.1.3 G will be made by the RDC Chairman or, in an urgent case and if the Chairman is not available, by an RDC Deputy Chairman and where possible, but subject to the need to act swiftly, one other RDC member.

DEC 4.6.2G

In an exceptionally urgent case the matter will be decided by the director of Enforcement or, in his absence, another member of the FSA's executive of at least director of division level. An exceptionally urgent case in these circumstances is one where FSA staff believe that a decision to begin proceedings using the powers in DEC 1.1.3 G:

  1. (1)

    should be taken before it is possible to follow the procedure described in DEC 4.6.1 G; and

  2. (2)

    is necessary to protect the interests of consumers or potential consumers.

DEC 4.6.2AG

2Decisions to prosecute for criminal offences under the legislation listed in DEC 1.1.4 G may be taken by the procedure described in DEC 4.6.1 G and DEC 4.6.2 G, or alternatively may be taken under executive procedures.

DEC 4.6.2BG

2In determining which procedure should be followed in deciding to prosecute for an offence under the legislation listed in DEC 1.1.4 G, the FSA will have regard to the seriousness of the offence involved, the size and profile of the defendant and the complexity of the issues. The less serious the offence and the less complex the issues, the more likely the decision to prosecute will be taken under executive procedures.

DEC 4.6.3G

Decisions to bring proceedings using the powers in DEC 1.1.3 G do not involve any of the procedures relating to the giving of statutory notices including the procedures described in DEC 4.4 relating to representations. Further details about the FSA's policy and procedures in the use of the powers to apply to the civil courts for injunctions, restitution orders, insolvency orders, collective investment scheme related orders and the powers to prosecute criminal offences are contained in ENF 6 (Injunctions), ENF 9 (Restitution and redress), ENF 10 (Insolvency proceedings and orders against debt avoidance), ENF 16 (Collective investment schemes) and ENF 15 (Prosecution of criminal offences) respectively.