Banking Act 2009

Changes over time for: Section 204

Alternative versions:

Changes to legislation:

Banking Act 2009, Section 204 is up to date with all changes known to be in force on or before 01 January 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.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 204:

s. 4(8A) (8B) inserted by 2012 c. 21 s. 96(3)
s. 8(2)(d) and word inserted by 2012 c. 21 s. 96(4)(b)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 4(8A) (8B) inserted by 2012 c. 21 s. 96(3)
s. 8(2)(d) and word inserted by 2012 c. 21 s. 96(4)(b)

204InformationU.K.

This section has no associated Explanatory Notes

(1)The Bank of England may by notice in writing require a person to provide information—

(a)which the Bank thinks will help the Treasury in determining whether to make a recognition order [F1or an order under section 206A] [F2, or to specify a person under section 206A(2)(b)] [F3or 206A(2A)(b)], or

(b)which the Bank otherwise requires in connection with its functions under this Part.

[F4(1A)The Bank of England may by notice in writing require the operator of a recognised F5... payment system [F6, a recognised DSA service provider,] [F7or a service provider in relation to such a system] [F8or such a DSA service provider] to provide information which the Bank requires in connection with the exercise of its functions (whether under this Part or otherwise) in pursuance of its financial stability objective.]

(2)In particular, a notice [F9under subsection (1) or (1A)] may require the operator of a recognised F10... payment system [F11, a recognised DSA service provider,] [F12or a service provider in relation to such a system] [F13or such a DSA service provider] to notify the Bank if events of a specified kind occur.

(3)A notice [F14under subsection (1) or (1A)] may require information to be provided—

(a)in a specified form or manner;

(b)at a specified time;

(c)in respect of a specified period.

(4)The Bank may disclose information obtained by virtue of this section to—

(a)the Treasury;

[F15(b)the FCA;

F16(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(c)an authority in a country or territory outside the United Kingdom which exercises functions similar to those of the Treasury, the Bank of England [F17, the FCA or the PRA] in relation to F18... payment systems;

F19(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the Bank for International Settlements.

(5)Subsection (4)—

(a)overrides a contractual or other requirement to keep information in confidence, and

(b)is without prejudice to any other power to disclose information.

(6)The Treasury may by regulations permit the disclosure of information obtained by virtue of this section to a specified person.

(7)The Bank may publish information obtained by virtue of this section.

(8)The Treasury may make regulations about the manner and extent of publication under subsection (7).

(9)Regulations under this section—

(a)shall be made by statutory instrument, and

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10)It is an offence—