Banking Act 1987 (repealed) (c. 22)

Part V U.K. Restriction on Disclosure of Information

Modifications etc. (not altering text)

C1 Pt. V (ss. 82-87) modified (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Ch. I para. 57(2)(3)(4); S.I. 1998/1120, art. 2

Pt. V (ss. 82-87) modified (1.6.1998) by 1998 c. 11, ss. 23, 36(4), Sch. 5 Pt. IV Chapter I para. 57; S.I. 1998/1120, art. 2

[F1 86 Information supplied to Bank by relevant overseas authority etc. U.K.

(1) Section 82 above applies also to information which—

(a) has been supplied to the [F2 Authority] for the purposes of any relevant functions by the relevant supervisory authority in a country or territory outside the United Kingdom; or

(b) has been obtained for those purposes by the [F2 Authority], or by a person acting on its behalf, in another member State.

(2) Subject to subsections (3) and (4) below, information supplied or obtained as mentioned in subsection (1)(a) or (b) above shall not be disclosed except as provided by section 82 above or—

(a) for the purpose of enabling or assisting the [F2 Authority] to discharge any relevant functions [F3 or any functions in its capacity as a designated agency within the meaning of the M1 Financial Services Act 1986]; or

(b) with a view to the institution of, or otherwise for the purposes of, criminal proceedings, whether under this Act or otherwise.

(3) Information supplied to the [F2 Authority] for the purposes of any relevant functions by the relevant supervisory authority in another member State may be disclosed—

(a) to a relevant recipient, if the authority consents to its disclosure and the case is one in which information to which section 82 above applies could be so disclosed by virtue of section 84(1) or (2) above; or

(b) to the Treasury or the Secretary of State, if the authority consents to its disclosure and the case is one in which information to which section 82 above applies could be so disclosed by virtue of section 84(5) or (5A) above.

(4) Information obtained as mentioned in subsection (1)(b) above may be disclosed—

(a) to a relevant recipient, if the relevant supervisory authority in the member State concerned consents to its disclosure and the case is one in which information to which section 82 above applies could be so disclosed by virtue of section 84(1) or (2) above; or

(b) to the Treasury or the Secretary of State, if that authority consents to its disclosure and the case is one in which information to which section 82 above applies could be so disclosed by virtue of section 84(5) or (5A) above.

[F4 (4A) Before the [F2 Authority]] discloses information to any person under subsection (3) above, it shall notify the relevant supervisory authority which supplied the information of the name and responsibilities of that person.

(5) In this section— [F5 “relevant functions”, in relation to the Authority, means its functions under this Act and its functions as a supervisor of money market institutions;]

’relevant recipient’ means a person specified in any of entries 1 to 8, 13 to 15 and 17 in the Table in section 84(1) above.]

Textual Amendments

F1 S. 86 substituted (1.1.1993) by S.I. 1992/3218, reg. 41 (with savings in reg. 46(b))

F2 Words in s. 86(1)(2)(a)(3)(4A) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Ch. I paras. 56(1)(2), 57; S.I. 1998/1120, art. 2

F3 Words in s. 86(2)(a) inserted (1.6.1998) by 1998 c. 11, ss. 23, 36(1), Sch. 5 para. 57; S.I. 1998/1120, art. 2

F4 S. 86(4A) inserted (18.7.1996) by S.I. 1996/1669, reg. 5(5)(6)

F5 S. 86(5) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Chapter I paras. 56(3), 57; S.I. 1998/1120, art. 2

Modifications etc. (not altering text)

C2 S. 86 amended (1.1.1993) by S.I. 1992/3218, reg. 47, Sch. 8 para. 25.

C3 S. 86 modified (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Ch. I paras. 56, 57(2)-(4); S.I. 1998/1120, art. 2

C4 S. 86(5) modified (1.6.1998) by 1998 c. 11, ss. 23, 36(2), Sch. 5 Pt. IV Ch. I paras. 56, 57; S.I. 1998/1120, art. 2

Marginal Citations

M1 1986 c. 60.