The Payment Services Regulations 2017

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

13.  The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 M1 apply with the following modifications—

(a) regulation 2 (interpretation) is to be read as if—

F1 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) [F3 before the definition of “prescribed disciplinary proceedings”] there were inserted—

““payment services directive” means Directive 2015/2366/EU of the European Parliament and of the Council of 25th November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No. 1093/2010, and repealing Directive 2007/64/EC M2 ;

F4 ...”;

[F5 (iv) in the definition of “relevant provisions”, after paragraph (j) there were inserted—

“(k) Article 24 of the payment services directive;”;

(v) in the definition of “relevant directives”, after paragraph (e) there were inserted—

“(ea) the payment services directive;”]

(b) regulation 5(4)(a) (disclosure for the purposes of certain other proceedings) is to be read as if for “an authorised person, former authorised person or former regulated person” there were substituted “ a payment service provider, former payment service provider, excluded provider or former excluded provider ”;

(c) regulation 5(6)(e) is to be read as if for “an authorised person, former authorised person or former regulated person” there were substituted “ a payment service provider, former payment service provider, excluded provider or former excluded provider ”;

F6 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) regulation 9 (disclosure by regulators or regulator workers to certain other persons) is to be read as if—

(i) in paragraph (1) after “paragraphs” there were inserted “ (1B) ”; and

(ii) after paragraph (1A) there were inserted—

“(1B) Paragraph (1) does not permit disclosure to the persons specified in the first column in Part 4A of Schedule 1 unless the disclosure is of payment services F7 ... information.”;

F8 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) Part 1 of Schedule 1 (disclosure of confidential information whether or not subject to [F9 retained EU law restrictions]) is to be read as if, in the second column, in the list of functions beside—

(i) “An official receiver appointed under section 399 of the Insolvency Act 1986, or an official receiver for Northern Ireland appointed under article 355 of the Insolvency (Northern Ireland) Order 1989”, after paragraph (ii) there were inserted—

“or

(iv) payment service providers, former payment service providers, excluded providers or former excluded providers”;

(ii) [F10 “The Department for the Economy in Northern Ireland”], after paragraph (c)(ii) there were inserted—

“or

(iii) payment service providers, former payment service providers, excluded providers or former excluded providers”;

(iii) “The Pensions Regulator”, after paragraph (ii) there were inserted—

“or

(iii) payment service providers, former payment service providers, excluded providers or former excluded providers”;

(iv) “The Charity Commissioners for England and Wales”, after paragraph (ii) there were inserted—

“or

(iii) payment service providers, former payment service providers, excluded providers or former excluded providers”; and

(h) Schedule 1 is to be read as if after Part 4 there were inserted—

“PART 4A U.K.

Person	Functions>
The Commissioners for Her Majesty's Revenue and Customs	Their functions under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017”.

Textual Amendments

F1 Sch. 6 para. 13(a)(i) omitted (31.12.2020) by virtue of The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 9(3)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F2 Sch. 6 para. 13(a)(ii) omitted (31.12.2020) by virtue of The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 9(3)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Sch. 6 para. 13(a)(iii) substituted (31.12.2020) by The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 9(3)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Sch. 6 para. 13(a)(iii) omitted (31.12.2020) by virtue of The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 9(3)(b)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F5 Sch. 6 para. 13(a)(iv)(v) substituted for Sch. 6 para. 13(a)(iv) (31.12.2020) by The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 9(3)(b)(i)(dd); 2020 c. 1, Sch. 5 para. 1(1)

F6 Sch. 6 para. 13(d) omitted (31.12.2020) by virtue of The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 9(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Word in Sch. 6 para. 13(e)(ii) omitted (31.12.2020) by virtue of The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 9(3)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F8 Sch. 6 para. 13(f) omitted (31.12.2020) by virtue of The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 9(3)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Sch. 6 para. 13(g) substituted (31.12.2020) by The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 9(3)(b)(v)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Sch. 6 para. 13(g)(ii) substituted (31.12.2020) by The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 9(3)(b)(v)(bb); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 S.I. 2001/2188, amended by S.I. 2001/3437 and 3624, 2002/1775, 2003/693, 2066, 2174 and 2817, 2004/1862 and 3379, 2005/3071, 2006/3413, 2007/3255, 2009/2877, 2010/2628, 2011/1043, 1265, 1613 and 2085, 2012/725, 916, 2554 and 3019, 2013/472, 504, 1162, 1773, 2329 and 3115, 2014/549, 883, 2879 and 3348, 2015/575 and 910, and 2016/225, 680 and 715.

M2 OJ L 337 23.12.2015, p.35.