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The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001

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Regulations 9, 10 and 12

SCHEDULE 1U.K. DISCLOSURE OF CONFIDENTIAL INFORMATION WHETHER OR NOT SUBJECT TO [F1SINGLE MARKET RESTRICTIONS]

Textual Amendments

Modifications etc. (not altering text)

F2PART 1U.K.

Textual Amendments

F2Words in Sch. 1 Pt. 1 inserted (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 99(2)

Modifications etc. (not altering text)

PersonFunctions
The Bank of England, the European Central Bank or the central bank of any country or territory outside the United Kingdom

(a)Its functions as a monetary authority

(b)Its functions in relation to overseeing payment systems [F3, clearing and settlement systems and central securities depositories within the meaning of the CSD regulation]

[F4The Bank of England Its functions under Parts 1, 2 and 3 of the Banking Act 2009 and under the Investment Bank Special Administration Regulations 2011]
[F5The FCAThe functions conferred on it by or under the Act]
[F6The PRAThe functions conferred on it by or under the Act]
A body (other than a central bank) in a country or territory outside the United Kingdom having (a) functions as a monetary authority or (b) responsibility for overseeing payments systemsIts functions as such
A recognised investment exchange (other than an overseas investment exchange)Its functions as such
The body known as the Panel on Takeovers and MergersAll of its functions
The Society of Lloyd’sIts regulatory functions
F7. . .F7. . .
[F8[F9The Competition and Markets Authority]

(a)Its functions under the Act

(b)Its functions under any other enactment in so far as they relate to the supervision of:

(i)former authorised persons or persons who have carried on former regulated activities; or

(ii)persons carrying on, or who have carried on, regulated activities [F10; or

(iii) financial organisations within the meaning of [F11article 56(a) of the capital requirements directive]

An official receiver appointed under section 399 of the Insolvency Act 1986 M1, or an official receiver for Northern Ireland appointed under article 355 of the Insolvency (Northern Ireland) Order 1989 M2

His functions under enactments relating to insolvency, in so far as they relate to:

(i)former authorised persons or persons who have carried on former regulated activities; or

(ii)persons carrying on, or who have carried on, regulated activities; [F12or

(iii) banking group companies (as defined in section 81D of the Banking Act 2009)]

[F13A person appointed in judicial or administrative proceedings in an EEA State or a State which is not an EEA State, pursuant to a law relating to insolvency, to administer the reorganisation or the liquidation of a debtor's assets or affairs

[F14That person’s functions in so far as they relate to:

(i)former authorised persons or persons who have carried on former regulated activities;

(ii)persons carrying on, or who have carried on, regulated activities; or

(iii)banking group companies (as defined in section 81D of the Banking Act 2009)]]

The scheme managerIts functions under Part XV of the Act
A body responsible, in an EEA State other than the United Kingdom, for administering a deposit-guarantee scheme recognised in accordance with directive 94/19/EC M3, or an investor-compensation scheme recognised in accordance with Directive 97/9/EC M4Its functions as such
A designated professional body within the meaning of Part XX of the ActIts functions as such
A body which was, immediately before the coming into force of section 19 of the Act, a recognised professional body within the meaning of the Financial Services Act 1986 M5Its functions as such under that Act or under the Act
A person appointed to make a report under section 166 [F15or 166A] of the ActHis functions as such
A person appointed to conduct an investigation under section 167 or section 168(3) or (5) of the ActHis functions as such
An auditor exercising functions conferred by or under the ActThose functions
An auditor of an authorised person [F16or banking group company (as defined in section 81D of the Banking Act 2009)] appointed under or as a result of an enactment (other than the Act)His functions as such
[F17A person appointed to carry out a statutory audit of a company within the meaning of Article 2.1 of Directive 2006/43/EC of the European Parliament and of the Council of 17th May 2006 on statutory audits and consolidated accounts That person's functions as such]
An actuary exercising functions conferred by or under the ActThose functions
A person appointed as an inspector under section 49 of the Industrial and Provident Societies Act 1965 M6His functions as such
A person appointed as an inspector under section 18 of the Credit Unions Act 1979 M7His functions as such
A person appointed to make a report under section 52(5)(d) of the Building Societies Act 1986 M8His functions as such
A person appointed as an investigator under section 55 of the Building Societies Act 1986 or as an inspector under section 56 of that Act M9His functions as such
A person appointed to make a report under section 62(3)(d) of the Friendly Societies Act 1992 M10His functions as such
A person appointed as an investigator under section 65 of the Friendly Societies Act 1992 M11 or as an inspector under 66 of that ActHis functions as such
A recognised supervisory body within the meaning of [F18Part 42, Chapter 2 of the Companies Act 2006]

(a)Its functions as such a body under that Part

(b)Its functions in relation to disciplinary proceedings against auditors

A qualifying body as defined by [F19section 1220 of the Companies Act 2006]Its functions as such
The Institute of Actuaries or the Faculty of Actuaries [F20Their supervisory functions in relation to the exercise by an actuary of his professional duties, including the conduct of disciplinary proceedings and determining whether to institute or terminate such proceedings]
A recognised professional body within the meaning of section 391 of the Insolvency Act 1986 or article 350 of the Insolvency (Northern Ireland) Order 1989

(a)Its functions as such a body under that Act or that Order

(b)Its functions in relation to disciplinary proceedings against insolvency practitioners

[F21The Department for the Economy in Northern Ireland]

(a)Its functions under Part V of the Companies (No. 2) (Northern Ireland) Order 1990 (financial markets and insolvency) M12

(b)Its functions under Part XII of the Insolvency (Northern Ireland) Order 1989

(c)Its functions under any other enactment in so far as they relate to the supervison of:

(i)former authorised persons or persons who have carried on former regulated activities; or

(ii)persons carrying on, or who have carried on, regulated activities

[F22The Pensions Regulator]

[F23Its functions as such] in so far as they relate to the supervision of:

(i)former authorised persons or persons who have carried on former regulated activities; or

(ii)persons carrying on, or who have carried on, regulated activities

The Charity Commissioners for England and Wales

Their functions under any enactment in so far as they relate to the supervision of:

(i)former authorised persons or persons who have carried on former regulated activities; or

(ii)persons carrying on, or who have carried on, regulated activities

[F24The investigator appointed under section 84 of the Financial Services Act 2012]His functions as such
[F25A person appointed by the Treasury to hold an inquiry into matters relating to financial services (including an inquiry under [F26section 68 of the Financial Services Act 2012]), or an officer or member of staff of such an inquiry His functions in carrying out the inquiry and reporting to the Treasury]
[F27An investment exchange which has its head office in an EEA State other than the United Kingdom, and which is recognised as an investment exchange under the law of that state Its functions as a supervisor of financial markets]
[F28A person upon whom functions are conferred by or under Part 2, 3 or 4 of the Proceeds of Crime Act 2002Those functions]
[F29A person authorised by the Secretary of State for the purposes of [F30section 456 of the Companies Act 2006]His functions as such]
[F31Any body carrying on activities concerned with any of the matters set out in section 16(2) of the Companies (Audit, Investigations and Community Enterprise) Act 2004 Its functions as such]
[F31Any body carrying on activities concerned with any of the matters set out in section 14 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 Its functions as such]
[F31The Financial Reporting Council and its operating bodies Their supervisory functions in relation to the exercise by an actuary of his professional duties, the conduct of disciplinary proceedings and determining whether to institute or terminate such proceedings]
[F32ACERIts functions under Regulation (EU) No. 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency]
[F32ESAs Their functions under Regulation (EU) No. 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), Regulation (EU) No. 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority) and Regulation (EU) No. 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority)]
[F32ESRBIts functions under Regulation (EU) No. 1092/2010 of the European Parliament and the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board]]]
[F33The Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013 All of its functions]
[F34The Comptroller and Auditor General

(a) That person’s function under section 6 of the National Audit Act 1983 of carrying out examinations into the economy, efficiency and effectiveness with which the FCA has used its resources in discharging its functions

(b) That person’s function of carrying out examinations under section 7D of the Bank of England Act 1998]

[F34The National Audit Office

Functions for which it is responsible by virtue of section 22 of, and Schedule 3 to, the Budget Responsibility and National Audit Act 2011 in relation to—

(i) examinations under section 6 of the National Audit Act 1983 in respect of the FCA; or

(ii) examinations under section 7D of the Bank of England Act 1998]

[F2The Information Commissioner All functions of that person so far as they are exercisable in relation to the provision of claims management services (within the meaning given in regulation 21A of the Privacy and Electronic Communications (EC Directive) Regulations 2003)]
[F2The General Council of the Bar

(a) Its functions under arrangements which it has, or rules which it makes, in compliance with section 30(4) of the Financial Guidance and Claims Act 2018 (as applied by section 32(2) of that Act), for monitoring and enforcing the prohibitions in section 32(1) of that Act

(b) Its functions under rules which it makes in compliance with section 33(1) of that Act]

[F2The Law Society of England and Wales

(a) Its functions under arrangements which it has, or rules which it makes, in compliance with section 30(4) of the Financial Guidance and Claims Act 2018 (as applied by section 32(2) of that Act), for monitoring and enforcing the prohibitions in section 32(1) of that Act

(b) Its functions under rules which it makes in compliance with section 33(1) of that Act]

[F2The Chartered Institute of Legal Executives

(a) Its functions under arrangements which it has, or rules which it makes, in compliance with section 30(4) of the Financial Guidance and Claims Act 2018 (as applied by section 32(2) of that Act), for monitoring and enforcing the prohibitions in section 32(1) of that Act

(b) Its functions under rules which it makes in compliance with section 33(1) of that Act]

Textual Amendments

Marginal Citations

M3OJ No. L135, 31.5.1994, p. 5.

M4OJ No. L084, 26.3.1997, p. 22.

M9Sections 55 and 56 were amended by the Building Societies Act 1997, Sch. 7, paras 21 and 22 (respectively).

PART 2U.K.

PersonFunctions
An EEA regulatory authority

(a)Its functions as an EEA competent authority

(b)Its functions corresponding to any of the functions specified in the second column of Part 1 of this Schedule

[F35An EEA resolution authority Its functions under the recovery and resolution directive]
[F36An authority responsible for maintaining the stability of the financial system in an EEA State through macro-prudential regulation Its functions as such]
[F37A reorganisation body or authority in an EEA State whose aim is to protect the stability of the financial system Its functions as such]

Textual Amendments

PART 3U.K.

PersonFunctions
A dependent territory regulatory authorityIts functions as such
A non-EEA regulatory authorityIts functions as such
[F38A foreign resolution authority Its functions as such]
[F39An authority responsible for maintaining the stability of the financial system in a third country or territory through macro-prudential regulation Its functions as such]
[F39A reorganisation body or authority in a third country or territory whose aim is to protect the stability of the financial system Its functions as such]

Textual Amendments

PART 4U.K.

PersonFunctions
An inspector appointed under Part XIV of the Companies Act 1985His functions as such
A person authorised to exercise powers under section 447 of the Companies Act 1985 M13His functions as such
A person authorised under section 84 of the Companies Act 1989 to exercise on behalf of the Secretary of State powers conferred by section 83 of that Act M14His functions as such
[F40The Department for the Economy in Northern Ireland]

(a)Its functions under Part XV of the Companies (Northern Ireland) Order 1986 M15 (investigation of companies and their affairs; requisition of documents)

(b)Its functions under Part III of the Companies (Northern Ireland) Order 1990 (eligibility for appointment as company auditor)

(c)Its functions under the Companies (Northern Ireland) Order 1989 M16 (disqualification of company directors)

F41. . .F41. . .
F42. . .F42. . .
A recognised clearing house (other than an overseas clearing house [F43, an EEA central counterparty (within the meaning of section 285(1)(c) of the Act) or a third country central counterparty (within the meaning of section 285(1)(d) of the Act)])Its functions as a clearing house in so far as they are exercisable in relation to defaults or potential defaults by market participants
A person included on the list maintained by [F44the Bank of England] for the purposes of section 301 of the ActHis functions under settlement arrangements to which regulations made under that section relate
A person approved under the Uncertificated Securities Regulations 1995 M17 as an operator of a relevant system (within the meaning of those Regulations)His functions as such in so far as they are exercisable in relation to defaults or potential defaults by market participants
[F45A clearing house or other similar body which has its head office in an EEA State other than the United Kingdom, and which is recognised under the law of that state as a provider of clearing or settlement services Its functions in relation to defaults or potential defaults by market participants]
[F46An EEA central counterparty (within the meaning of section 285(1)(c) of the Act) Its functions in relation to defaults or potential defaults by market participants]
[F47A recognised CSD, EEA CSD or third country CSD (within the meaning of section 285(1)(e), (f) and (g) of the Act) Its functions in relation to defaults or potential defaults by market participants]

Textual Amendments

Marginal Citations

M13Section 447 was amended by the Companies Act 1989, s. 63 and Sch. 24, and by the Youth Justice and Criminal Evidence Act 1999 (c. 23), Sch. 3, paras. 4 and 6.

M14Section 83 was amended by the Youth Justice and Criminal Evidence Act 1999, Sch. 3, para. 21.

M17S.I. 1995/3272, amended by S.I. 1996/2827, 1997/251, 1999/506, 2000/311 and 2000/1682.

[F48PART 5U.K.

Textual Amendments

PersonFunctions
A central government department in another EEA state, responsible for legislation on the supervision of credit institutions, financial institutions, investment services and insurance companiesIts functions as such]

Regulation 12

F49SCHEDULE 2U.K. DISCLOSURE OF CONFIDENTIAL INFORMATION NOT SUBJECT TO [F50SINGLE MARKET RESTRICTIONS]

Textual Amendments

F49Words in Sch. 2 omitted (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 99(3)

PersonFunctions
The Bank of EnglandAll its public functions (so far as not mentioned in Schedule 1)
The International Monetary FundAll its functions
F51. . .F51. . .
[F52The Competition and Markets Authority]Its functions under any enactment (so far as not mentioned in Schedule 1)
F53. . .F53. . .
A local weights and measures authority in Great BritainIts functions as such under any enactment
An EEA regulatory authorityIts functions as such (so far as not mentioned in Schedule 1)
The Department of Enterprise, Trade and Investment in Northern Ireland

M18(a)Its functions under Part V of the Companies (No. 2) (Northern Ireland) Order 1990 (Financial Markets and Insolvency)

M19(b)It functions under Part XII of the Insolvency (Northern Ireland) Order 1989

(c)Its functions under any other enactment (so far as not mentioned in Schedule 1)

(d)Its functions as a weights and measures authority for Northern Ireland

A recognised clearing house (other than an overseas clearing house [F54, an EEA central counterparty (within the meaning of section 285(1)(c) of the Act) or a third country central counterparty (within the meaning of section 285(1)(d) of the Act)])Its functions as such (so far as not mentioned in Schedule 1)
[F55A recognised CSD, EEA CSD or third country CSD (within the meaning of section 285(1)(e), (f) and (g) of the Act) Its functions as such (so far as not mentioned in Schedule 1)]
[F56A person that is an Operator of a relevant system under the Uncertificated Securities Regulations 2001 (within the meaning of those regulations)]His functions as such (so far as not mentioned in Schedule 1)
The scheme operatorIts functions as such
The Chief Ombudsman appointed in accordance with paragraph 5 of Schedule 17 to the Act, and any other member of the panel of ombudsmen appointed in accordance with paragraph 4 of that ScheduleTheir functions as such
An inspector appointed under section 284 of the ActHis functions as such
A person appointed in accordance with regulations made under section 262(1) of the Act to carry out an investigation in relation to an open-ended investment companyHis functions as such
[F57The Pensions Regulator] [F58Its functions as such] (so far as not mentioned in Schedule 1 to these Regulations)
The Charity Commissioners for England and WalesTheir functions under any enactment (so far as not mentioned in Schedule 1)
The Commissioners of Customs and ExciseTheir functions under any enactment
[F59Office of Communications Its functions under [F60any enactment]]
The Pensions OmbudsmanHis functions under the Pension Schemes Act 1993 and the Pensions Act 1995
F61. . .F61. . .
[F62A person upon whom functions are conferred by or under the Proceeds of Crime Act 2002Those functions]
[F63The Gambling Commission Its functions as such]
F49. . .F49. . .
[F64The Gas and Electricity Markets Authority Its functions under any enactment]

Textual Amendments

Marginal Citations

Regulation 2

SCHEDULE 3U.K. PRESCRIBED DISCIPLINARY PROCEEDINGS

The following disciplinary proceedings are prescribed for the purposes of section 349(5)(d) of the Act—

(a)disciplinary proceedings relating to the exercise by a barrister, solicitor, auditor, accountant, valuer or actuary of his professional duties;

(b)disciplinary proceedings relating to the discharge of his duties by an officer or servant of—

(i)the Crown;

(ii)[F65any of the regulators];

(iii)the body known as the Panel on Takeovers and Mergers;

(iv)the Charity Commissioners for England and Wales;

F66(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi)the [F67Competition and Markets Authority];

(vii)the Insolvency Practitioners Tribunal in relation to its functions under the Insolvency Act 1986 M20;

(viii)the Occupational Pensions Board in relation to its functions under the Social Security Act 1973 M21 and the Social Security Acts 1975 to 1986 M22;

(ix)the organs of the Society of Lloyd’s being organs constituted by or under Lloyd’s Act 1982 M23 in relation to their functions under Lloyd’s Acts 1871–1982 M24 and the byelaws made thereunder of the Society of Lloyd’s;

(x)the [F68Gambling Commission] in relation to [F69its] functions under the National Lottery etc. Act 1993 M25.

Textual Amendments

Marginal Citations

M2434 Vict c. xxi, 1&2 Geo V c. lxii, 14&15 Geo VI c. viii, 1982 c. 14.

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