The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) (No. 2) Regulations 2001

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

2.—(1) The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in the definition of “directive restrictions”, for “article 25 of the listing particulars directive”, substitute “article 107 of the listing particulars directive”; and

(b) for the definition of “listing particulars directive” substitute—

““listing particulars directive” means Directive 2001/34/EC of the European Parliament and of the Council of 28 May 2001 on the admission of securities to official stock exchange listing and on information to be published on those securities(2);”.

(3) In paragraph (c)(ii) of regulation 11 (application of Part IV), for “article 24c.1” substitute “article 106”.

(4) After regulation 12 insert—

“12A.   The National Lottery Commission may disclose information to which this Part applies to the National Audit Office for the purpose of enabling or assisting the Comptroller and Auditor General to carry out an examination under Part II of the National Audit Act 1983(3) in relation to the Commission.”

(5) In regulation 15 (disclosure of transitional information)—

(a) after paragraph (3)(a)(ii) insert—

“(iia) obtained or received it as mentioned in subsection (5) of that section;”

(b) in paragraph (5), for “article 25.3” substitute “article 107.3”.

(6) In the table in Part 1 of Schedule 1, at the end, insert—

An 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

(7) In the table in Part 4 of Schedule 1, at the end, insert—

A 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

(8) In the table in Schedule 2, at the end, insert—

The National Lottery Commission

All its public functions

(1)

S.I. 2001/2188, amended by S.I. 2001/3437.

(2)

OJ No. L184, 6.7.2001, p.1.

(3)

1983 c. 44.