ENF 15.8 Liaison with other prosecuting authorities

The FSA has power to prosecute offences under the Act in England or Wales and in Northern Ireland. In addition the following authorities also have that power:

1. (1)

   in England and Wales: the Secretary of State for Trade and Industry, the Director General of Fair Trading (in relation to offences involving the Consumer Credit Act), the Crown Prosecution Service and, in cases of serious or complex fraud, the Serious Fraud Office;

2. (2)

   in Northern Ireland: the Secretary of State for Trade and Industry, the Director of Public Prosecutions in Northern Ireland, and in cases of serious or complex fraud, the Serious Fraud Office.

The FSA has no power to prosecute offences under the Act in Scotland where prosecution will remain the responsibility of the Crown Office.

The FSA has agreed guidelines that will establish a framework for liaison and cooperation in cases where one or more of these authorities has an interest in prosecuting any aspect of a matter that the FSA is considering for investigation, investigating or considering prosecuting. These Guidelines are set out in ENF 2 Annex 1 G G.