SCHEDULES
C1F2SCHEDULE 2B] RESTRICTION ON DISCLOSURE OF INFORMATION
Sch. 2B: Power to contract out functions conferred (18.11.1998) by S.I. 1998/2842, arts. 2, 3, Sch. Pt. I para. 57
Sch. 2B: functions to be exercised by the Secretary of State and the Treasury concurrently (5.1.1998) by S.I. 1997/2781, art. 4(1)(h) (with art. 7)
C2PART I INFORMATION RELATING TO UK, EC AND NON-EC COMPANIES
Sch. 2B Pt. I applied (with modifications) (1.7.1994) by S.I. 1994/1696, reg. 66(1)(2)
Information supplied by a supervisory authority
5
1
Paragraph 1 above applies also to information which—
a
has been supplied to F3the Treasury or the Secretary of State for the purposes of any relevant functions by a supervisory authority in a member State other than the United Kingdom; or
2
Subject to sub-paragraphs (3) and (4) below, information supplied or obtained as mentionedin sub-paragraph (1)(a) or (b) above shall not be disclosed except as provided by paragraph 1 above or—
a
for the purpose of enabling or assisting F6the Treasury or the Secretary of State to discharge any relevant functions; or
b
with a view to the institution of, or otherwise for the purposes of, criminal proceedings, whether under this Act or otherwise.
3
Information supplied as mentioned in sub-paragraph (1)(a) above may be disclosed—
a
to a relevant recipient, if the supervisory authority which supplied the information consents to its disclosure and the case is one in which information to which paragraph 1 above applies could be so disclosed by virtue of paragraph 3(1) above; or
b
to the Treasury or the Secretary of State, if that authority consents to its disclosure and the case is one in which information to which paragraph 1 above applies could be so disclosed by virtue of paragraph 3(3) above.
4
Information obtained as mentioned in sub-paragraph (1)(b) above may be disclosed—
a
to a relevant recipient, if the supervisory authority in the member State concerned consents to its disclosure and the case is one in which information to which paragraph 1 above applies could be so disclosed by virtue of paragraph 3(1) above; or
b
to the Treasury or the Secretary of State, if that authority consents to its disclosure and the case is one in which information to which paragraph 1 above applies could be so disclosed by virtue of paragraph 3(3) above.
F74A
5
In this paragraph—
“relevant functions”,
F10a
in relation to the Treasury means their functions under this Act, and
b
in relation to the Secretary of State, means his functions under this Act
“relevant recipient” means a person specified in any of entries 1 to 7, 12, 13 and 17 in the Table in paragraph 3(1) above.
Sch. 2B inserted (1.7.1994) by S.I. 1994/1696, reg. 26(2), Sch. 2