Banking Act 1987 (repealed)

Changes over time for: Section 84

Version Superseded: 01/01/1993

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Point in time view as at 07/06/1992. This version of this provision has been superseded.

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There are currently no known outstanding effects for the Banking Act 1987 (repealed), Section 84.

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84 Obstruction of investigations. U.K.

(1)Section 82 above does not preclude the disclosure by the Bank of information to any person specified in the first column of the following Table if the Bank considers that the disclosure would enable or assist that person to discharge the functions specified in relation to him in the second column of that Table.

Table

Person	Functions
The Secretary of State.	Functions under the M1Insurance Companies Act 1982, Part XIV of the M2Companies Act 1985, Part XIII of the M3Insolvency Act 1986 [F1, the Financial Services Act 1986 or Part II, III or VII of the Companies Act 1989].
[F2The Treasury]	[F2 Functions under the Financial Services Act 1986 or under Part III or Part VII of the Companies Act 1989 .]
[F3An inspector appointed under Part XIV of the Companies Act 1985 or section 94 or 177 of the Financial Services Act 1986.]	[F3Functions under that Part or that section.]
[F4A person authorised to exercise powers under section 44 of the Insurance Companies Act 1982, section 447 of the Companies Act 1985, section 106 of the Financial Services Act 1986 or section 84 of the Companies Act 1989.]	[F4Functions under that section.]
The Chief Registrar of friendly societies, the Registrar of Friendly Societies for Northern Ireland and the Assistant Registrar of Friendly Societies for Scotland.	Functions under the enactments relating to friendly societies or under the Financial Services Act 1986.
The Industrial Assurance Commissioner and the Industrial Assurance Commissioner for Northern Ireland.	Functions under the enactments relating to industrial assurance.
The Building Societies Commission.	Functions under the M4Building Societies Act 1986 and protecting the interests of the shareholders and depositors of building societies.
The Director General of Fair Trading.	Functions under the M5Consumer Credit Act 1974.
[F5A designated agency (within the meaning of the Financial Services Act 1986.]	[F5Functions under the Financial Services Act 1986 or Part VII of the Companies Act 1989.]
[F5A transferee body or the competent authority (within the meaning of the Financial Services Act 1986).]	[F5Functions under the Financial Services Act 1986.]
A recognised self-regulating organisation, recognised professional body, recognised investment exchange, recognised clearing house or recognised self-regulating organisation for friendly societies (within the meaning of the Financial Services Act 1986).	Functions in its capacity as an organisation, body, exchange or clearing house recognised under the Financial Services Act 1986.
. . . F6	. . . F6
A recognised professional body (within the meaning of section 391 of the Insolvency Act 1986).	Functions in its capacity as such a body under the Insolvency Act 1986.
The Department of Economic Development in Northern Ireland.	Functions under Part XV of the Companies (Northern Ireland) Order M61986 [F7or Part XII of the Insolvency (Northern Ireland) Order 1989][F8or Part III of the Companies (Northern Ireland) Order 1990 or Part II or V of the Companies (No. 2) (Northern Ireland) Order 1990].
[F9An inspector appointed under Part XV of the Companies (Northern Ireland) Order 1986 or under Article 16A of the Companies Securities (Insider Dealing) (Northern Ireland) Order 1986]	[F9Functions under that Part or that Article.]
[F9A person authorised to exercise powers under Article 440 of the Companies (Northern Ireland) Order 1986 or section 84 of the Companies Act 1989.]	[F9Functions under that Article or section.]
The Official Receiver or, in Northern Ireland, the Official [F10Receiver for Northern Ireland]	Investigating the cause of the failure of an authorised institution or former authorised institution in respect of which a winding-up order, [F10or bankruptcy order]has been made.
[F11Panel on Take-overs and Mergers]	[F11All its functions]
[F12A person included in the list maintained by the Bank for the purposes of section 171 of the Companies Act 1989.]	[F12Functions under settlement arrangements to which regulations under that section relate.]
[F13A recognised professional body (within the meaning of Article 350 of the Insolvency (Northern Ireland) Order 1989).]	[F13Functions in its capacity as such a body under the Insolvency (Northern Ireland) Order 1989.]

(2)The Treasury may after consultation with the Bank by order amend the Table in subsection (1) above by—

(a)adding any person exercising regulatory functions and specifying functions in relation to that person;

(b)moving any person for the time being specified in the Table; or

(c)altering the functions for the time being specified in the Table in relation to any person;

and the Treasury may also after consultation with the Bank by order restrict the circumstances in which, or impose conditions subject to which, disclosure is permitted in the case of any person for the time being specified in the Table.

(3)An order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Section 82 above does not preclude the disclosure by any person specified in the first column of the Table in subsection (1) above of information obtained by him by virtue of that subsection if he makes the disclosure with the consent of the Bank and for the purpose of enabling or assisting him to discharge any functions specified in relation to him in the second column of that Table; and before deciding whether to give its consent to such a disclosure by any person the Bank shall take account of such representations made by him as to the desirability of or the necessity for the disclosure.

(5)Section 82 above does not preclude the disclosure by the Bank of information to the Treasury if disclosure appears to the Bank to be desirable or expedient in the interests of depositors or in the public interest; and that section does not preclude the disclosure by the Bank of information to the Secretary of State for purposes other than those specified in relation to him in subsection (1) above if the disclosure is made with the consent of the Treasury and—

(a)the information relates to an authorised institution or former authorised institution and does not enable the financial affairs of any other identifiable person to be ascertained and disclosure appears to the Bank to be necessary in the interests of depositors or in the public interest; or

(b)in any other case, disclosure appears to the Bank to be necessary in the interests of depositors.

(6)Section 82 above does not preclude the disclosure of information for the purpose of enabling or assisting an authority in a country or territory outside the United Kingdom to exercise—

(a)functions corresponding to those of—

(i)the Bank under this Act;

(ii)the Secretary of State [F14or the Treasury]under the M7Insurance Companies Act 1982, Part XIII of the M8Insolvency Act 1986 or the M9Financial Services Act 1986; or

(iii)the competent authority under Part IV of the Financial Services Act 1986;

(b)functions in connection with rules of law corresponding to any of the provisions of the M10Company Securities (Insider Dealing) Act 1985 or Part VII of the M11Financial Services Act 1986; or

(c)supervisory functions in respect of bodies carrying on business corresponding to that of building societies.

Textual Amendments

F1Words in s. 84(1) Table substituted by Companies Act 1989 (c. 40, SIF 27), s. 81(2) (the substitution being in force, 21.2.1990 to the extent mentioned in S.I. 1990/142 art. 4(b) and 25.4.1991 otherwise as referred to in S.I. 1991/878, art. 2, Sch.)

F2Entry in s. 84(1) Table inserted (7.6.1992) by S.I. 1992/1315, art. 10(1), Sch. 4 para. 11(1).

F3Entry substituted by Companies Act 1989 (c. 40, SIF 27), s. 81(3)

F4Entry substituted by Companies Act 1989 (c. 40, SIF 27), s. 81(4)

F5Entries in s. 84(1) Table beginning “A designated agency (within the meaning of the Financial Services Act 1986)” and 'A transferee body' substituted for entry beginning “designated agency or transferee body” by Companies Act 1989 (c. 40, SIF 27), s. 81(5) (the substitution being in force, 21.2.1990 to the extent mentioned in S.I. 1990/142 art. 4(b) and 25.4.1991 otherwise as referred to in S.I. 1991/878, art. 2, Sch.)

F6Entry repealed by Companies Act 1989 (c. 40, SIF 27), s. 212, Sch. 24

F7Words in s. 84(1) Table inserted (01.10.1991) by S.I. 1989/2405, (N.I. 19), art. 381(2), Sch. 9 para. 54(a); S.R. 1991/411, art. 2

F8Words in s. 84(1) Table added (11.03.1991 save the words "or V" which came into force on 01.10.1991) by S.I. 1990/1504 (N.I. 10), art. 25(2); S.R. 1991/26, art. 2(2)(b); S.R. 1991/438, art. 2(a)

F9Entry in s. 84(1) substituted (11.03.1991) by S.I. 1990/1504 (N.I. 10), art. 25(3); S.R. 1991/26, art. 2(2)

F10Words in s. 84(1) Table substituted (1.10.1991) by S.I. 1989/2405 (N.I. 19), art. 381(2), Sch. 9 para. 54(b)(i)(ii); S.R. 1991/411, art. 2

F11The body known as the Panel on Take-overs and Mergers is added to the Table in s. 84 in relation to all its functions by S.I. 1987/1292, reg. 2

F12Entries in s. 84(1) Table added (25.9.1991 for specified purposes and otherwiseprosp.) by Companies Act 1989 (c. 40, SIF 27), ss. 171(7), 215(2); S.I. 1991/488, art. 2(2)

F13Entries in s. 84(1) inserted (01.10.1991) by S.I. 1989/2405 (N.I. 19), art. 381(2), Sch. 9 para. 54(c); S.R. 1991/411, art. 2

F14Words in s. 84(6)(a)(ii) inserted (7.6.1992) by S.I. 1992/1315, art. 10(1), Sch. 4 para. 11(2).

Modifications etc. (not altering text)

C1S. 84 modified by Companies Act 1989 (c. 40, SIF 27), s. 88(3)(b)

Marginal Citations

M6S.I 1986/1032 (N.I. 6).