The Resolution of Central Counterparties (Modified Application of Corporate Law and Consequential Amendments) Regulations 2023

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

15.—(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) after the definition of “capital requirements directive information”, insert—

““CCP” has the meaning given in paragraph 154 of Schedule 11 to the Financial Services and Markets Act 2023;”;

(b) in the definition of “recovery and resolution information”—

(i) in paragraph (a), for “or the Bank Recovery and Resolution (No. 2) Order 2014” substitute “, the Bank Recovery and Resolution (No. 2) Order 2014 or Schedule 11 to the Financial Services and Markets Act 2023”;

(ii) in paragraph (b), for “or the Bank Recovery and Resolution (No. 2) Order 2014 substitute “, the Bank Recovery and Resolution (No. 2) Order 2014 or Schedule 11 to the Financial Services and Markets Act 2023”;

(c) in the definition of “third country resolution authority”—

(i) after “section 89H of the Banking Act 2009” insert “or within the meaning of paragraph 145 of Schedule 11 to the Financial Services and Markets Act 2023, as appropriate”;

(ii) for “or the Bank Recovery and Resolution (No. 2) Order 2014” substitute “, the Bank Recovery and Resolution (No. 2) Order 2014 or Schedule 11 to the Financial Services and Markets Act 2023”.

(3) In regulation 9(2C) (disclosure by regulators or regulator workers to certain other persons)—

(a) in paragraph (c), for “or the Bank Recovery and Resolution (No. 2) Order 2014” substitute “, the Bank Recovery and Resolution (No. 2) Order 2014 or Schedule 11 to the Financial Services and Markets Act 2023”.

(b) in paragraph (d)(i)—

(i) after “section 89H of the Banking Act 2009” insert “or within the meaning of paragraph 145 of Schedule 11 to the Financial Services and Markets Act 2023, as appropriate”;

(ii) for “or the Bank Recovery and Resolution (No. 2) Order 2014” substitute “, the Bank Recovery and Resolution (No. 2) Order 2014 or Schedule 11 to the Financial Services and Markets Act 2023”.

(4) In regulation 10A(1) (disclosure of recovery and resolution information)—

(a) in paragraph (a), omit “or”;

(b) in paragraph (b), after “2011,” insert “or”;

(c) after paragraph (b), insert—

“(c) Schedule 11 to the Financial Services and Markets Act 2023,”.

(5) In regulation 10B(2) (assessment of effects of disclosure)—

(a) in the definition of “recovery plan”, after “Bank Recovery and Resolution (No. 2) Order 2014”, insert “(“the 2014 Order”) or in paragraph 2 of Schedule 11 to the Financial Services and Markets Act 2023”;

(b) in the definition of “resolution plan”, for “that Order” substitute “the 2014 Order, or as defined in paragraph 4 of Schedule 11 to the Financial Services and Markets Act 2023”.

(6) In the table in Schedule 1 (disclosure of confidential information whether or not subject to retained EU law restrictions)—

(a) in the entry relating to “The Bank of England”, in the second column, for “and under the Investment Bank Special Administration Regulations 2011” substitute “, under the Investment Bank Special Administration Regulations 2011 and under Schedule 11 to the Financial Services and Markets Act 2023”;

(b) in the entry relating to “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”, in the second column—

(i) in sub-paragraph (iii) after “2009)” insert “; or”

(ii) after sub-paragraph (iii) insert—

“(iv) CCP group companies (as defined in paragraph 156 of Schedule 11 to the Financial Services and Markets Act 2023)”;

(c) in the entry relating to “A person appointed in judicial or administrative proceedings in the United Kingdom or a country or territory outside the United Kingdom, pursuant to a law relating to insolvency, to administer the reorganisation or the liquidation of a debtor’s assets or affairs”, in the second column—

(i) in sub-paragraph (iii) after “2009)” insert “; or”

(ii) after sub-paragraph (iii) insert—

“(iv) CCP group companies (as defined in paragraph 156 of Schedule 11 to the Financial Services and Markets Act 2023)”;

(d) in the entry relating to “An auditor of an authorised person or 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)”, in the first column—

(i) for “or banking group company” substitute “, a CCP, a banking group company”;

(ii) after “2009)” insert “or a CCP group company (as defined in paragraph 156 of Schedule 11 to the Financial Services and Markets Act 2023)”.

(1)

S.I. 2001/2188, amended by S.I. 2014/3348 and 2019/681; there are other amending instruments but none is relevant.