Version Superseded: 10/06/2019
Point in time view as at 13/09/2018. This version of this provision has been superseded.
Financial Services and Markets Act 2000, Section 342 is up to date with all changes known to be in force on or before 13 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)This section applies to a person who is, or has been, an auditor of an authorised person [F2or recognised investment exchange,] appointed under or as a result of a statutory provision.
(2)This section also applies to a person who is, or has been, an actuary acting for an authorised person and appointed under or as a result of a statutory provision.
(3)An auditor or actuary does not contravene any duty to which he is subject merely because he gives to [F3a regulator]—
(a)information on a matter of which he has, or had, become aware in his capacity as auditor of, or actuary acting for, the authorised person [F4or recognised investment exchange], or
(b)his opinion on such a matter,
if he is acting in good faith and he reasonably believes that the information or opinion is relevant to any functions of [F5that regulator].
(4)Subsection (3) applies whether or not the auditor or actuary is responding to a request from the [F6regulator].
(5)The Treasury may make regulations prescribing circumstances in which an auditor or actuary must communicate matters to [F7a regulator] as mentioned in subsection (3).
(6)It is the duty of an auditor or actuary to whom any such regulations apply to communicate a matter to [F7a regulator] in the circumstances prescribed by the regulations.
[F8(6A)If the authorised person concerned is a credit institution or an investment firm, and an auditor or actuary communicates a matter to a regulator in accordance with the regulations, the matter must be disclosed simultaneously to the management body of the authorised person, unless there are compelling reasons not to do so.]
(7)The matters to be communicated to [F7a regulator] in accordance with the regulations may include matters relating to persons other than the authorised person [F9or recognised investment exchange] concerned.
[F10(8)In subsection (6A) “credit institution” and “investment firm” have the same meaning as in Article 4(1) of the capital requirements regulation.]
Textual Amendments
F1Words in s. 342 heading substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 13 para. 4(6) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F2Words in s. 342(1) inserted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 13 para. 4(2) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F3Words in s. 342(3) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 13 para. 4(3)(a) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F4Words in s. 342(3) inserted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 13 para. 4(3)(b) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F5Words in s. 342(3) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 13 para. 4(3)(c) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F6Word in s. 342(4) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 13 para. 4(4) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F7Words in s. 342 substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 13 para. 4(6) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F8S. 342(6A) inserted (1.1.2014) by The Capital Requirements Regulations 2013 (S.I. 2013/3115), reg. 1(2), Sch. 2 para. 20(2)
F9Words in s. 342(7) inserted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 13 para. 4(5) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F10S. 342(8) inserted (1.1.2014) by The Capital Requirements Regulations 2013 (S.I. 2013/3115), reg. 1(2), Sch. 2 para. 20(3)
Modifications etc. (not altering text)
C1Ss. 341-346 applied (with modifications) (1.11.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), regs. 1(2)(c), 95, Sch. 5 para. 4 (with reg. 3)
C2S. 342 applied (with modifications) (3.1.2018) by The Data Reporting Services Regulations 2017 (S.I. 2017/699), regs. 1(2)(b), 34
C3Ss. 341-346 applied (with modifications) (13.1.2018) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(6), Sch. 6 para. 7 (with reg. 3)
C4S. 342 applied (with modifications) (27.2.2018) by The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (S.I. 2018/135), regs. 1(2), 20
Commencement Information
I1S. 342 wholly in force at 1.12.2001; s. 342 not in force at Royal Assent see s. 431(2); s. 342(5) in force at 25.2.2001 by S.I. 2001/516, art. 2(a), Sch. Pt. 1; s. 342 in force in so far as not already in force at 1.12.2001 by S.I. 2001/3538, art. 2(1)
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