Banking Act 1987 (repealed)

85 Objection by direction of the Treasury. U.K.

(1) Section 82 above does not preclude the disclosure of information—

(a) for the purpose of enabling or assisting the Board of Banking Supervision or the Deposit Protection Board or any other person to discharge its or his functions under this Act;

(b) for the purpose of enabling or assisting a person to do anything which he is required to do in pursuance of a requirement imposed under section 39(1)(b) above;

(c) with a view to the institution of, or otherwise for the purposes of, any criminal proceedings, whether under this Act or otherwise;

(d) in connection with any other proceedings arising out of this Act;

(e) with a view to the institution of, or otherwise for the purposes of, proceedings under section 7 or 8 of the M1 Company Directors Disqualification Act 1986 [F1 or Article 10 or 11 of the Companies (Northern Ireland) Order 1989] in respect of a director or former director of an authorised institution or former authorised institution;

(f) in connection with any proceedings in respect of an authorised institution or former authorised institution under the M2 Bankruptcy (Scotland) Act 1985 or Parts I to VII or IX to XI of the M3 Insolvency Act 1986 [F2 or Parts II to VII or IX and X of the Insolvency (Northern Ireland) Order 1989] which the [F3 Authority] has instituted or in which it has a right to be heard;

F4 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) in pursuance of a Community obligation.

[F5 (1A) The disclosures permitted by subsection (1)(f) above do not include the disclosure of information relating to a person who (not being a director, controller or manager of the institution) is or has been, to the knowledge of the person making the disclosure, involved in an attempt to secure the survival of the institution as a going concern.]

(2) Section 82 above does not preclude the disclosure by the [F3 Authority] to the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland, the Lord Advocate, a procurator fiscal or a constable of information obtained by virtue of section 41, 42 or 43 above or of information in the possession of the [F3 Authority] as to any suspected contravention in relation to which the powers conferred by those sections are exercisable.

(3) Section 82 above does not preclude the disclosure of information by the Deposit Protection Board to any person or body responsible for a scheme for protecting depositors or investors (whether in the United Kingdom or elsewhere) similar to that for which provision is made by Part II of this Act if it appears to the Board that disclosing the information would enable or assist the recipient of the information or the Board to discharge his or its functions.

Textual Amendments

F1 Words in s. 85(1)(e) inserted (01.10.1991) by S.I. 1989/2404 (N.I. 18), art. 25(2), Sch. 4 para. 5; S.R. 1991/410, art. 1(2)

F2 Words in s. 85(1)(f) inserted (01.10.1991) by S.I. 1989/2405 (N.I. 19), art. 381(2), Sch. 9 Pt. II, para. 55; S.R. 1991/411, art. 2

F3 Words in s. 85(1)(2) substituted (1.6.1998) by 1998 c. 11, ss. 23, 42, Sch. 5 Pt. IV Ch. I para. 55 (with Sch. 8 paras. 2); S.I. 1998/1120, art. 2

F4 S. 85(1)(g) omitted (1.1.1993) by virtue of S.I. 1992/3218, reg. 40(1) (with savings in reg. 46(b))

F5 S. 85(1A) inserted (1.1.1993) by S.I. 1992/3218, reg. 40(2) (with savings in reg. 46(b))

Modifications etc. (not altering text)

C1 S. 85 modified (1.6.1998) by 1998 c. 11, s. 42, Sch. 8 paras. 2-5; S.I. 1998/1120, art. 2

Marginal Citations

M1 1986 c. 46.

M2 1985 c. 66.

M3 1986 c. 45.