Misconduct

Bank of England and Financial Services Bill [Lords] – in the House of Commons at 5:00 pm on 19th April 2016.

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Amendment proposed: 8, page 20, line 10, at end add

“and insert—

‘(6) Where the authorised person mentioned in subsection (5) is a relevant authorised person, as defined under section 71A of the Financial Services and Markets Act 2000, subsection (5)(d) does not apply and subsections (7) and (8) do apply.

(6A) If the FCA satisfies itself that a person (P), who is a senior manager in relation to a relevant authorised person, is guilty of misconduct by virtue of subsections (5)(a)-(c), then P shall be guilty of misconduct, subject only to subsection (8).

(6B) But P is not guilty of misconduct by virtue of subsections (5)(a)-(c) and (7) if P satisfies the FCA that P had taken such steps as a person in P’s position could reasonably be expected to take to avoid the contravention occurring (or continuing).””—(Richard Burgon.)

Question put, That the amendment be made.

The House divided:

Ayes 246, Noes 300.

Division number 240 Bank of England and Financial Services Bill [Lords] — Misconduct

Aye: 246 MPs

No: 301 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

Question accordingly negatived.

Clause 36