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

ENF 1.4 The structure of the Enforcement manual

The Enforcement manual

ENF 1.4.1G

ENF 2 (Information gathering and investigation powers) outlines the FSA's information gathering and investigation powers under the Act (including its power to conduct investigations to assist overseas authorities), and its approach to the use of those powers.

ENF 1.4.2G

ENF 3 (Variation of Part IV permission on the FSA's own initiative) outlines the FSA's powers, policies and procedures for exercising its own-initiative powers to impose limitations or requirements on a firm's permitted business.

ENF 1.4.3G

ENF 4 (Intervention against incoming firms) is concerned with the FSA's power to intervene against incoming EEA firms and incoming Treaty firms and the FSA's policy for exercising that power.

ENF 1.4.4G

ENF 5 (Cancellation of permission) outlines the FSA's powers to cancel a firm'spermission, the procedures for exercising those powers and the FSA's approach to their exercise.

ENF 1.4.5G

ENF 6 (Injunctions) describes the FSA's powers to apply to court for injunctions, and the FSA's approach to using those powers.

ENF 1.4.6G

ENF 7 (Withdrawal of approval) describes the FSA's power to withdraw approval from approved persons, the FSA's procedure and approach in relation to the exercise of this power, other powers that may be relevant when the FSA considers the exercise of the withdrawal power, and the effect of the FSA's decision to withdraw approval.

ENF 1.4.7G

ENF 8 (Prohibition of individuals) outlines the FSA's power to make a prohibition order, the policy and procedure for exercising that power, the effect of the decision to make a prohibition order, and the FSA's policy in relation to applications by individuals to have a prohibition order varied or revoked.

ENF 1.4.8G

ENF 9 (Restitution and redress) outlines the FSA's power to apply to the court for an order for restitution, the FSA's administrative power to require restitution, the FSA's policy concerning the use of its powers to obtain restitution, and the way in which the court or the FSA will determine the amount of restitution.

ENF 1.4.9G

ENF 10 (Insolvency proceedings and orders against debt avoidance) outlines the FSA's powers to seek insolvency orders from the court, the exercise of the FSA's rights to be involved in insolvency regimes concerning firms and unauthorised persons, and the policies in those areas.

ENF 1.4.10G

ENF 11 (Discipline of firms and approved persons: the FSA's general approach) explains the FSA's policy on private warnings, the criteria which the FSA will use when it decides whether to take disciplinary action against firms and approved persons; its enforcement policy relating to approved persons; the enforcement of the Principles; guidance on the standard of reasonable care required by some rules; and the FSA's approach where disciplinary action may also be taken by other UK or overseas authorities.

ENF 1.4.11G

ENF 12 (Discipline of firms and approved persons: public censures and public statements) describes the FSA's powers to impose public censures and public statements and its approach to the exercise of those powers.

ENF 1.4.12G

ENF 13 (Discipline of firms and approved persons: financial penalties) describes the FSA's powers to impose financial penalties (except those relating to market abuse), and the FSA's policy on the exercise of those powers. In particular, it contains a list of some of the factors which the FSA may take into account when it decides the level of a financial penalty.

ENF 1.4.13G

ENF 14 (Sanctions for market abuse) describes the FSA's powers to impose financial penalties for market abuse, and contains a statement of policy with a non-exhaustive list of some of the factors which the FSA may take into account when it decides the level of a financial penalty. The chapter also refers to the FSA's power to publish a statement that a person has engaged in market abuse. It also considers the FSA's approach to market abuse cases where there may have been a breach of the Principles, and the FSA's approach to market abuse cases where other regulatory authorities may also be involved.

ENF 1.4.14G

ENF 15 (Prosecution of criminal offences) sets out the FSA's policy on the use of its prosecution powers under sections 401 (Proceedings for offences) and 402 (Power of the FSA to institute proceedings for certain other offences) of the Act.

ENF 1.4.15G

ENF 16 (Collective investment schemes) sets out the FSA's policies and procedures on the use of its enforcement powers in relation to AUTs, ICVCs, and recognised schemes.

ENF 1.4.16G

ENF 17 (Disqualification of auditors and actuaries) describes the FSA's policy on its power to disqualify an auditor or actuary from acting as an auditor or actuary of a firm, where he has failed to comply with a duty imposed on him under the Act.

ENF 1.4.17G

ENF 18 (Disapplication orders against members of the professions) describes the FSA's policy on its power to make an order disapplying members of the professions' exemption from the general prohibition on conducting regulated activities without authorisation.

ENF 1.4.18G

1ENF 19 (Directions against incoming ECA providers) describes the FSA's policy on its power to make a direction against an incoming ECA provider.