Modifications etc. (not altering text)
Prospective
(1)Section 49 shall not prevent the disclosure of information—
(a)with a view to the institution, or otherwise for the purposes, of any criminal proceedings;
(b)with a view to the institution, or otherwise for the purposes, of any civil proceedings arising under or by virtue of this Act;
(c)in a summary or collection of information framed in such a way as not to enable the identity of any person to whom the information relates to be ascertained; or
(d)in pursuance of any Community obligation.
(2)Section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting—
(a)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the Board to discharge any of its functions;
(c)the Law Society, the General Council of the Bar, the Council for Licensed Conveyancers or the Faculty Office of the Archbishop of Canterbury to discharge any of its functions;
F2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(e)a recognised investment exchange or a recognised clearing house (both within the meaning given by section 285 of the Financial Services and Markets Act 2000) to discharge any of its functions;]
(f)the Bank of England to discharge any of its functions;
[F4(fa)the Financial Services Authority to discharge its functions under the legislation relating to friendly societies or to industrial and provident societies, under the Building Societies Act 1986 or under the Financial Services and Markets Act 2000;
(g)the Secretary of State or the Treasury to discharge any function conferred by this Act, the Financial Services and Markets Act 2000 or any enactment relating to competition, companies or insolvency;
(h)the competent authority for the purposes of Part 6 of the Financial Services and Markets Act 2000 to discharge its functions under that Part;
(ha)a person appointed under—
(i)section 167 of the Financial Services and Markets Act 2000 (general investigations),
(ii)section 168 of that Act (investigations in particular cases),
(iii)section 169(1)(b) of that Act (investigation in support of overseas regulator),
(iv)section 284 of that Act (investigations into affairs of certain collective investment schemes), or
(v)regulations made as a result of section 262(2)(k) of that Act (investigations into open-ended investment companies),
to conduct an investigation to discharge his functions;
(hb)any inspector appointed by the Secretary of State under this Act or any enactment relating to competition, companies or insolvency to discharge his functions under that enactment;
(hc)a body designated under section 326(1) of the Financial Services and Markets Act 2000 to discharge its functions in its capacity as a body designated under that section;]
(i)an official receiver to discharge any of his functions under any enactment relating to insolvency;
(j)a body which is a recognised professional body under section 391 of the M1Insolvency Act 1986 to discharge any of its functions as such a body;
F5(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(m)the [F6OFT to discharge any of its] functions under—
(i)this Act;
(ii)the M2Fair Trading Act 1973 F7. . . ;
(iii)the M3Consumer Credit Act 1974;
F8(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)the M4Estate Agents Act 1979;
(vi)the M5Competition Act 1980;
F9(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(viii)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F11(ix)the Competition Act 1998;]
[F12(x)the Financial Services and Markets Act 2000;]
[F13[F14(xi)]the Enterprise Act 2002;]
[F15(xii)the Business Protection from Misleading Marketing Regulations 2008;
(xiii)the Consumer Protection from Unfair Trading Regulations 2008;]
(n)the [F16Competition Commission] to discharge any of its functions under the Fair Trading Act 1973 and [F16, the Competition Act 1980 and the Competition Act 1998];
(o)the Scottish Conveyancing and Executry Services Board to discharge any of its functions;
(p)an authority in a country or territory outside the United Kingdom to discharge any functions corresponding to—
(i)the functions of the Board, F17. . . or the [F18Financial Services Authority]; or
(ii)those functions of the Secretary of State mentioned in paragraph (g);
(q)the Insolvency Practitioners Tribunal to discharge any of its functions under the Insolvency Act 1986;
[F19(r)the Financial Services Tribunal to discharge any function it has in relation to proceedings before it by virtue of the Financial Services and Markets Act 2000 (Transitional Provisions) (Partly Completed Procedures) Order 2001;
(s)the Financial Services and Markets Tribunal to discharge any of its functions.]
[F20(t)the Pensions Regulator Tribunal to discharge any of its functions.]
(3)Subject to subsection (4), section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting any public or other authority for the time being designated for the purposes of this section by an order made by the [F21Secretary of State] to discharge any functions which are specified in the order.
(4)An order under subsection (3) designating an authority for the purposes of this section may—
(a)impose conditions subject to which the disclosure of information is permitted by subsection (3); and
(b)otherwise restrict the circumstances in which disclosure is permitted.
(5)Where information has been disclosed by one person (“the first person") to another, by virtue of subsection (2), section 49 shall not prevent that other person from disclosing that information to any person to whom it could have been disclosed by the first person by virtue of subsection (2).
(6)The [F21Secretary of State] may by order modify the application of any provision of this section so as—
(a)to prevent the disclosure of information by virtue of that provision; or
(b)to restrict the extent to which disclosure of information is permitted by virtue of that provision.
Textual Amendments
F1S. 50(2)(a) repealed (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(2) (with arts. 6, 8)
F2S. 50(2)(d)(l) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 323(2)(a)
F3S. 50(2)(e) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 323(3)
F4S. 50(2)(fa)-(hc) substituted for s. 50(2)(fa)-(h) (1.12.2001) by S.I. 2001/3649, arts. 1, 323(4)
F5S. 50(2)(k) omitted (30.4.2001) by virtue of S.I. 2001/1283, art. 3(5)
F6Words in s. 50(2)(m) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(5)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)
F7Words in s. 50(2)(m)(ii) repealed (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 30(3), Sch. 4 Pt. 1 (with reg. 28(2)(3))
F8S. 50(2)(m)(iv) repealed (1.3.2000) by S.I. 2000/311, art. 25
F9S. 50(2)(m)(vii) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 323(2)(b)
F10S. 50(2)(m)(viii) repealed (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), regs. 30(1)(3), Sch. 2 para. 48(a), Sch. 4 Pt. 1 (with reg. 28(2)(3))
F11S. 50(2)(m)(ix) inserted (1.4.1999) by S.I. 1999/506, art. 28(a)
F12S. 50(2)(m)(x) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 323(5)
F13S. 50(2)(m)(x) inserted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(5)(b); S.I. 2003/766, art. 2, Sch. (with art. 3)
F14S. 50(2)(m)(x) renumbered (20.6.2003) as s. 50(2)(m)(xi) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 2, Sch. para. 13(2)
F15S. 50(2)(m)(xii)(xiii) inserted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 30(1), Sch. 2 para. 48(b) (with reg. 28(2)(3))
F16Words in s. 50(2)(n) substituted (1.4.1999) by S.I. 1999/506, art. 28(b)
F17Words in s. 50(2)(p)(i) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 323(2)(c)
F18Words in s. 50(2)(p)(i) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Ch. II para. 67(b); S.I. 1998/1120, art. 2
F19S. 50(2)(r)(s) substituted for s. 50(2)(r) (1.12.2001) by S.I. 2001/3649, arts. 1, 323(6)
F20S. 50(2)(t) inserted (6.4.2005) by Pensions Act 2004 (c. 35), ss. 102(4), 322(1), Sch. 4 para. 21 (with s. 313); S.I. 2005/275, art. 2(7)(12), Sch. Pt. 7
F21Words in s. 50(3)(6) substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(a) (with arts. 6, 8)
Marginal Citations
(1)Section 49 shall not prevent the disclosure of information—
(a)with a view to the institution, or otherwise for the purposes, of any criminal proceedings;
(b)with a view to the institution, or otherwise for the purposes, of any civil proceedings arising under or by virtue of this Act;
(c)in a summary or collection of information framed in such a way as not to enable the identity of any person to whom the information relates to be ascertained; or
(d)in pursuance of any Community obligation.
(2)Section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting—
(a)the Lord Chancellor to discharge any of his functions under this Act with respect to the Board or authorised practitioners;
(b)the Board to discharge any of its functions;
(c)the Law Society, the General Council of the Bar, the Council for Licensed Conveyancers or the Faculty Office of the Archbishop of Canterbury to discharge any of its functions;
(d)the Building Societies Commission to discharge any of its functions;
(e)the competent authority or a designated agency, recognised investment exchange, recognised clearing house, recognised self-regulating organisation or recognised professional body (all those expressions having the meaning given in the Financial Services Act 1986) to discharge any of its functions;
(f)the Bank of England to discharge any of its functions;
[F22(fa)the Financial Services Authority to discharge any of its functions under the Financial Services Act 1986 (other than as a designated agency within the meaning of that Act), the Banking Act 1987 or section 171 of the Companies Act 1989;]
(g)the Secretary of State to discharge any of his functions under this Act, the M6Financial Services Act 1986 or any enactment relating to competition, companies, insurance or insolvency;
(h)any inspector appointed by the Secretary of State under any of the enactments mentioned in paragraph (g) to discharge any of his functions;
(i)an official receiver to discharge any of his functions under any enactment relating to insolvency;
(j)a body which is a recognised professional body under section 391 of the M7Insolvency Act 1986 to discharge any of its functions as such a body;
(k)the Insurance Brokers Registration Council to discharge any of its functions under the M8Insurance Brokers (Registration) Act 1977;
(l)any person appointed or authorised to discharge any powers under section 94, 106 or 177 of the Financial Services Act 1986 to exercise any of those powers;
(m)the Director to discharge any of his functions under—
(i)this Act;
(ii)the M9Fair Trading Act 1973 (other than Part II);
(iii)the M10Consumer Credit Act 1974;
(iv)the M11Restrictive Trade Practices Act 1976;
(v)the M12Estate Agents Act 1979;
(vi)the M13Competition Act 1980;
(vii)the Financial Services Act 1986;
(viii)the M14Control of Misleading Advertisements Regulations 1988;
[F23(ix)the Competition Act 1998;]
(n)the [F24Competition Commission] to discharge any of its functions under the Fair Trading Act 1973 and [F24, the Competition Act 1980 and the Competition Act 1998];
(o)the Scottish Conveyancing and Executry Services Board to discharge any of its functions;
(p)an authority in a country or territory outside the United Kingdom to discharge any functions corresponding to—
(i)the functions of the Board, the Building Societies Commission or the [F25Financial Services Authority]; or
(ii)those functions of the Secretary of State mentioned in paragraph (g);
(q)the Insolvency Practitioners Tribunal to discharge any of its functions under the Insolvency Act 1986;
(r)the Financial Services Tribunal to discharge any of its functions under the Financial Services Act 1986.
(3)Subject to subsection (4), section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting any public or other authority for the time being designated for the purposes of this section by an order made by the Lord Chancellor to discharge any functions which are specified in the order.
(4)An order under subsection (3) designating an authority for the purposes of this section may—
(a)impose conditions subject to which the disclosure of information is permitted by subsection (3); and
(b)otherwise restrict the circumstances in which disclosure is permitted.
(5)Where information has been disclosed by one person (“the first person") to another, by virtue of subsection (2), section 49 shall not prevent that other person from disclosing that information to any person to whom it could have been disclosed by the first person by virtue of subsection (2).
(6)The Lord Chancellor may by order modify the application of any provision of this section so as—
(a)to prevent the disclosure of information by virtue of that provision; or
(b)to restrict the extent to which disclosure of information is permitted by virtue of that provision.
Textual Amendments
F22S. 50(2)(fa) inserted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Ch. II para. 67(a); S.I. 1998/1120, art. 2
F23S. 50(2)(m)(ix) inserted (1.4.1999) by S.I. 1999/506, art. 28(a)
F24Words in s. 50(2)(n) substituted (1.4.1999) by S.I. 1999/506, art. 28(b)
F25Words in s. 50(2)(p)(i) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Ch. II para. 67(b); S.I. 1998/1120, art. 2
Marginal Citations
(1)Section 49 shall not prevent the disclosure of information—
(a)with a view to the institution, or otherwise for the purposes, of any criminal proceedings;
(b)with a view to the institution, or otherwise for the purposes, of any civil proceedings arising under or by virtue of this Act;
(c)in a summary or collection of information framed in such a way as not to enable the identity of any person to whom the information relates to be ascertained; or
(d)in pursuance of any Community obligation.
(2)Section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting—
(a)the Lord Chancellor to discharge any of his functions under this Act with respect to the Board or authorised practitioners;
(b)the Board to discharge any of its functions;
(c)the Law Society, the General Council of the Bar, the Council for Licensed Conveyancers or the Faculty Office of the Archbishop of Canterbury to discharge any of its functions;
(d)the Building Societies Commission to discharge any of its functions;
(e)the competent authority or a designated agency, recognised investment exchange, recognised clearing house, recognised self-regulating organisation or recognised professional body (all those expressions having the meaning given in the Financial Services Act 1986) to discharge any of its functions;
(f)the Bank of England to discharge any of its functions;
[F26(fa)the Financial Services Authority to discharge any of its functions under the Financial Services Act 1986 (other than as a designated agency within the meaning of that Act), the Banking Act 1987 or section 171 of the Companies Act 1989;]
(g)the Secretary of State to discharge any of his functions under this Act, the M15Financial Services Act 1986 or any enactment relating to competition, companies, insurance or insolvency;
(h)any inspector appointed by the Secretary of State under any of the enactments mentioned in paragraph (g) to discharge any of his functions;
(i)an official receiver to discharge any of his functions under any enactment relating to insolvency;
(j)a body which is a recognised professional body under section 391 of the M16Insolvency Act 1986 to discharge any of its functions as such a body;
(k)the Insurance Brokers Registration Council to discharge any of its functions under the M17Insurance Brokers (Registration) Act 1977;
(l)any person appointed or authorised to discharge any powers under section 94, 106 or 177 of the Financial Services Act 1986 to exercise any of those powers;
(m)the Director to discharge any of his functions under—
(i)this Act;
(ii)the M18Fair Trading Act 1973 (other than Part II);
(iii)the M19Consumer Credit Act 1974;
F27(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)the M20Estate Agents Act 1979;
(vi)the M21Competition Act 1980;
(vii)the Financial Services Act 1986;
(viii)the M22Control of Misleading Advertisements Regulations 1988;
[F28(ix)the Competition Act 1998;]
(n)the [F29Competition Commission] to discharge any of its functions under the Fair Trading Act 1973 and [F29, the Competition Act 1980 and the Competition Act 1998];
(o)the Scottish Conveyancing and Executry Services Board to discharge any of its functions;
(p)an authority in a country or territory outside the United Kingdom to discharge any functions corresponding to—
(i)the functions of the Board, the Building Societies Commission or the [F30Financial Services Authority]; or
(ii)those functions of the Secretary of State mentioned in paragraph (g);
(q)the Insolvency Practitioners Tribunal to discharge any of its functions under the Insolvency Act 1986;
(r)the Financial Services Tribunal to discharge any of its functions under the Financial Services Act 1986.
(3)Subject to subsection (4), section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting any public or other authority for the time being designated for the purposes of this section by an order made by the Lord Chancellor to discharge any functions which are specified in the order.
(4)An order under subsection (3) designating an authority for the purposes of this section may—
(a)impose conditions subject to which the disclosure of information is permitted by subsection (3); and
(b)otherwise restrict the circumstances in which disclosure is permitted.
(5)Where information has been disclosed by one person (“the first person") to another, by virtue of subsection (2), section 49 shall not prevent that other person from disclosing that information to any person to whom it could have been disclosed by the first person by virtue of subsection (2).
(6)The Lord Chancellor may by order modify the application of any provision of this section so as—
(a)to prevent the disclosure of information by virtue of that provision; or
(b)to restrict the extent to which disclosure of information is permitted by virtue of that provision.
Textual Amendments
F26S. 50(2)(fa) inserted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Ch. II para. 67(a); S.I. 1998/1120, art. 2
F27S. 50(2)(m)(iv) repealed (1.3.2000) by S.I. 2000/311, art. 25
F28S. 50(2)(m)(ix) inserted (1.4.1999) by S.I. 1999/506, art. 28(a)
F29Words in s. 50(2)(n) substituted (1.4.1999) by S.I. 1999/506, art. 28(b)
F30Words in s. 50(2)(p)(i) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Ch. II para. 67(b); S.I. 1998/1120, art. 2
Marginal Citations
(1)Section 49 shall not prevent the disclosure of information—
(a)with a view to the institution, or otherwise for the purposes, of any criminal proceedings;
(b)with a view to the institution, or otherwise for the purposes, of any civil proceedings arising under or by virtue of this Act;
(c)in a summary or collection of information framed in such a way as not to enable the identity of any person to whom the information relates to be ascertained; or
(d)in pursuance of any Community obligation.
(2)Section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting—
(a)the Lord Chancellor to discharge any of his functions under this Act with respect to the Board or authorised practitioners;
(b)the Board to discharge any of its functions;
(c)the Law Society, the General Council of the Bar, the Council for Licensed Conveyancers or the Faculty Office of the Archbishop of Canterbury to discharge any of its functions;
(d)the Building Societies Commission to discharge any of its functions;
(e)the competent authority or a designated agency, recognised investment exchange, recognised clearing house, recognised self-regulating organisation or recognised professional body (all those expressions having the meaning given in the Financial Services Act 1986) to discharge any of its functions;
(f)the Bank of England to discharge any of its functions;
[F31(fa)the Financial Services Authority to discharge any of its functions under the Financial Services Act 1986 (other than as a designated agency within the meaning of that Act), the Banking Act 1987 or section 171 of the Companies Act 1989;]
(g)the Secretary of State to discharge any of his functions under this Act, the M23Financial Services Act 1986 or any enactment relating to competition, companies, insurance or insolvency;
(h)any inspector appointed by the Secretary of State under any of the enactments mentioned in paragraph (g) to discharge any of his functions;
(i)an official receiver to discharge any of his functions under any enactment relating to insolvency;
(j)a body which is a recognised professional body under section 391 of the M24Insolvency Act 1986 to discharge any of its functions as such a body;
F32(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(l)any person appointed or authorised to discharge any powers under section 94, 106 or 177 of the Financial Services Act 1986 to exercise any of those powers;
(m)the Director to discharge any of his functions under—
(i)this Act;
(ii)the M25Fair Trading Act 1973 (other than Part II);
(iii)the M26Consumer Credit Act 1974;
F33(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)the M27Estate Agents Act 1979;
(vi)the M28Competition Act 1980;
(vii)the Financial Services Act 1986;
(viii)the M29Control of Misleading Advertisements Regulations 1988;
[F34(ix)the Competition Act 1998;]
(n)the [F35Competition Commission] to discharge any of its functions under the Fair Trading Act 1973 and [F35, the Competition Act 1980 and the Competition Act 1998];
(o)the Scottish Conveyancing and Executry Services Board to discharge any of its functions;
(p)an authority in a country or territory outside the United Kingdom to discharge any functions corresponding to—
(i)the functions of the Board, the Building Societies Commission or the [F36Financial Services Authority]; or
(ii)those functions of the Secretary of State mentioned in paragraph (g);
(q)the Insolvency Practitioners Tribunal to discharge any of its functions under the Insolvency Act 1986;
(r)the Financial Services Tribunal to discharge any of its functions under the Financial Services Act 1986.
(3)Subject to subsection (4), section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting any public or other authority for the time being designated for the purposes of this section by an order made by the Lord Chancellor to discharge any functions which are specified in the order.
(4)An order under subsection (3) designating an authority for the purposes of this section may—
(a)impose conditions subject to which the disclosure of information is permitted by subsection (3); and
(b)otherwise restrict the circumstances in which disclosure is permitted.
(5)Where information has been disclosed by one person (“the first person") to another, by virtue of subsection (2), section 49 shall not prevent that other person from disclosing that information to any person to whom it could have been disclosed by the first person by virtue of subsection (2).
(6)The Lord Chancellor may by order modify the application of any provision of this section so as—
(a)to prevent the disclosure of information by virtue of that provision; or
(b)to restrict the extent to which disclosure of information is permitted by virtue of that provision.
Textual Amendments
F31S. 50(2)(fa) inserted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Ch. II para. 67(a); S.I. 1998/1120, art. 2
F32S. 50(2)(k) omitted (30.4.2001) by virtue of S.I. 2001/1283, art. 3(5)
F33S. 50(2)(m)(iv) repealed (1.3.2000) by S.I. 2000/311, art. 25
F34S. 50(2)(m)(ix) inserted (1.4.1999) by S.I. 1999/506, art. 28(a)
F35Words in s. 50(2)(n) substituted (1.4.1999) by S.I. 1999/506, art. 28(b)
F36Words in s. 50(2)(p)(i) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Ch. II para. 67(b); S.I. 1998/1120, art. 2
Modifications etc. (not altering text)
C2S. 50 amended (temp. from 3.9.2001 to 30.11.2001) by S.I. 2001/2966, arts. 2, 3, 8; S.I. 2001/3538, art. 2(1)
Marginal Citations
(1)Section 49 shall not prevent the disclosure of information—
(a)with a view to the institution, or otherwise for the purposes, of any criminal proceedings;
(b)with a view to the institution, or otherwise for the purposes, of any civil proceedings arising under or by virtue of this Act;
(c)in a summary or collection of information framed in such a way as not to enable the identity of any person to whom the information relates to be ascertained; or
(d)in pursuance of any Community obligation.
(2)Section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting—
(a)the Lord Chancellor to discharge any of his functions under this Act with respect to the Board or authorised practitioners;
(b)the Board to discharge any of its functions;
(c)the Law Society, the General Council of the Bar, the Council for Licensed Conveyancers or the Faculty Office of the Archbishop of Canterbury to discharge any of its functions;
F37(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F38(e)a recognised investment exchange or a recognised clearing house (both within the meaning given by section 285 of the Financial Services and Markets Act 2000) to discharge any of its functions;]
(f)the Bank of England to discharge any of its functions;
[F39(fa)the Financial Services Authority to discharge its functions under the legislation relating to friendly societies or to industrial and provident societies, under the Building Societies Act 1986 or under the Financial Services and Markets Act 2000;
(g)the Secretary of State or the Treasury to discharge any function conferred by this Act, the Financial Services and Markets Act 2000 or any enactment relating to competition, companies or insolvency;
(h)the competent authority for the purposes of Part 6 of the Financial Services and Markets Act 2000 to discharge its functions under that Part;
(ha)a person appointed under—
(i)section 167 of the Financial Services and Markets Act 2000 (general investigations),
(ii)section 168 of that Act (investigations in particular cases),
(iii)section 169(1)(b) of that Act (investigation in support of overseas regulator),
(iv)section 284 of that Act (investigations into affairs of certain collective investment schemes), or
(v)regulations made as a result of section 262(2)(k) of that Act (investigations into open-ended investment companies),
to conduct an investigation to discharge his functions;
(hb)any inspector appointed by the Secretary of State under this Act or any enactment relating to competition, companies or insolvency to discharge his functions under that enactment;
(hc)a body designated under section 326(1) of the Financial Services and Markets Act 2000 to discharge its functions in its capacity as a body designated under that section;]
(i)an official receiver to discharge any of his functions under any enactment relating to insolvency;
(j)a body which is a recognised professional body under section 391 of the M30Insolvency Act 1986 to discharge any of its functions as such a body;
F40(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(m)the Director to discharge any of his functions under—
(i)this Act;
(ii)the M31Fair Trading Act 1973 (other than Part II);
(iii)the M32Consumer Credit Act 1974;
F41(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)the M33Estate Agents Act 1979;
(vi)the M34Competition Act 1980;
F42(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(viii)the M35Control of Misleading Advertisements Regulations 1988;
[F43(ix)the Competition Act 1998;]
[F44(x)the Financial Services and Markets Act 2000;]
(n)the [F45Competition Commission] to discharge any of its functions under the Fair Trading Act 1973 and [F45, the Competition Act 1980 and the Competition Act 1998];
(o)the Scottish Conveyancing and Executry Services Board to discharge any of its functions;
(p)an authority in a country or territory outside the United Kingdom to discharge any functions corresponding to—
(i)the functions of the Board, F46. . . or the [F47Financial Services Authority]; or
(ii)those functions of the Secretary of State mentioned in paragraph (g);
(q)the Insolvency Practitioners Tribunal to discharge any of its functions under the Insolvency Act 1986;
[F48(r)the Financial Services Tribunal to discharge any function it has in relation to proceedings before it by virtue of the Financial Services and Markets Act 2000 (Transitional Provisions) (Partly Completed Procedures) Order 2001;
(s)the Financial Services and Markets Tribunal to discharge any of its functions.]
(3)Subject to subsection (4), section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting any public or other authority for the time being designated for the purposes of this section by an order made by the Lord Chancellor to discharge any functions which are specified in the order.
(4)An order under subsection (3) designating an authority for the purposes of this section may—
(a)impose conditions subject to which the disclosure of information is permitted by subsection (3); and
(b)otherwise restrict the circumstances in which disclosure is permitted.
(5)Where information has been disclosed by one person (“the first person") to another, by virtue of subsection (2), section 49 shall not prevent that other person from disclosing that information to any person to whom it could have been disclosed by the first person by virtue of subsection (2).
(6)The Lord Chancellor may by order modify the application of any provision of this section so as—
(a)to prevent the disclosure of information by virtue of that provision; or
(b)to restrict the extent to which disclosure of information is permitted by virtue of that provision.
Textual Amendments
F37S. 50(2)(d)(l) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 323(2)(a)
F38S. 50(2)(e) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 323(3)
F39S. 50(2)(fa)-(hc) substituted for s. 50(2)(fa)-(h) (1.12.2001) by S.I. 2001/3649, arts. 1, 323(4)
F40S. 50(2)(k) omitted (30.4.2001) by virtue of S.I. 2001/1283, art. 3(5)
F41S. 50(2)(m)(iv) repealed (1.3.2000) by S.I. 2000/311, art. 25
F42S. 50(2)(m)(vii) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 323(2)(b)
F43S. 50(2)(m)(ix) inserted (1.4.1999) by S.I. 1999/506, art. 28(a)
F44S. 50(2)(m)(x) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 323(5)
F45Words in s. 50(2)(n) substituted (1.4.1999) by S.I. 1999/506, art. 28(b)
F46Words in s. 50(2)(p)(i) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 323(2)(c)
F47Words in s. 50(2)(p)(i) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Ch. II para. 67(b); S.I. 1998/1120, art. 2
F48S. 50(2)(r)(s) substituted for s. 50(2)(r) (1.12.2001) by S.I. 2001/3649, arts. 1, 323(6)
Marginal Citations
(1)Section 49 shall not prevent the disclosure of information—
(a)with a view to the institution, or otherwise for the purposes, of any criminal proceedings;
(b)with a view to the institution, or otherwise for the purposes, of any civil proceedings arising under or by virtue of this Act;
(c)in a summary or collection of information framed in such a way as not to enable the identity of any person to whom the information relates to be ascertained; or
(d)in pursuance of any Community obligation.
(2)Section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting—
(a)the Lord Chancellor to discharge any of his functions under this Act with respect to the Board or authorised practitioners;
(b)the Board to discharge any of its functions;
(c)the Law Society, the General Council of the Bar, the Council for Licensed Conveyancers or the Faculty Office of the Archbishop of Canterbury to discharge any of its functions;
F2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(e)a recognised investment exchange or a recognised clearing house (both within the meaning given by section 285 of the Financial Services and Markets Act 2000) to discharge any of its functions;]
(f)the Bank of England to discharge any of its functions;
[F4(fa)the Financial Services Authority to discharge its functions under the legislation relating to friendly societies or to industrial and provident societies, under the Building Societies Act 1986 or under the Financial Services and Markets Act 2000;
(g)the Secretary of State or the Treasury to discharge any function conferred by this Act, the Financial Services and Markets Act 2000 or any enactment relating to competition, companies or insolvency;
(h)the competent authority for the purposes of Part 6 of the Financial Services and Markets Act 2000 to discharge its functions under that Part;
(ha)a person appointed under—
(i)section 167 of the Financial Services and Markets Act 2000 (general investigations),
(ii)section 168 of that Act (investigations in particular cases),
(iii)section 169(1)(b) of that Act (investigation in support of overseas regulator),
(iv)section 284 of that Act (investigations into affairs of certain collective investment schemes), or
(v)regulations made as a result of section 262(2)(k) of that Act (investigations into open-ended investment companies),
to conduct an investigation to discharge his functions;
(hb)any inspector appointed by the Secretary of State under this Act or any enactment relating to competition, companies or insolvency to discharge his functions under that enactment;
(hc)a body designated under section 326(1) of the Financial Services and Markets Act 2000 to discharge its functions in its capacity as a body designated under that section;]
(i)an official receiver to discharge any of his functions under any enactment relating to insolvency;
(j)a body which is a recognised professional body under section 391 of the M1Insolvency Act 1986 to discharge any of its functions as such a body;
F5(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(m)the [F6OFT to discharge any of its] functions under—
(i)this Act;
(ii)the M2Fair Trading Act 1973 (other than Part II);
(iii)the M3Consumer Credit Act 1974;
F8(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)the M4Estate Agents Act 1979;
(vi)the M5Competition Act 1980;
F9(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(viii)the M36Control of Misleading Advertisements Regulations 1988;
[F11(ix)the Competition Act 1998;]
[F13(x)the Enterprise Act 2002;]
[F12(x)the Financial Services and Markets Act 2000;]
(n)the [F16Competition Commission] to discharge any of its functions under the Fair Trading Act 1973 and [F16, the Competition Act 1980 and the Competition Act 1998];
(o)the Scottish Conveyancing and Executry Services Board to discharge any of its functions;
(p)an authority in a country or territory outside the United Kingdom to discharge any functions corresponding to—
(i)the functions of the Board, F17. . . or the [F18Financial Services Authority]; or
(ii)those functions of the Secretary of State mentioned in paragraph (g);
(q)the Insolvency Practitioners Tribunal to discharge any of its functions under the Insolvency Act 1986;
[F19(r)the Financial Services Tribunal to discharge any function it has in relation to proceedings before it by virtue of the Financial Services and Markets Act 2000 (Transitional Provisions) (Partly Completed Procedures) Order 2001;
(s)the Financial Services and Markets Tribunal to discharge any of its functions.]
(3)Subject to subsection (4), section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting any public or other authority for the time being designated for the purposes of this section by an order made by the Lord Chancellor to discharge any functions which are specified in the order.
(4)An order under subsection (3) designating an authority for the purposes of this section may—
(a)impose conditions subject to which the disclosure of information is permitted by subsection (3); and
(b)otherwise restrict the circumstances in which disclosure is permitted.
(5)Where information has been disclosed by one person (“the first person") to another, by virtue of subsection (2), section 49 shall not prevent that other person from disclosing that information to any person to whom it could have been disclosed by the first person by virtue of subsection (2).
(6)The Lord Chancellor may by order modify the application of any provision of this section so as—
(a)to prevent the disclosure of information by virtue of that provision; or
(b)to restrict the extent to which disclosure of information is permitted by virtue of that provision.
Textual Amendments
F2S. 50(2)(d)(l) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 323(2)(a)
F3S. 50(2)(e) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 323(3)
F4S. 50(2)(fa)-(hc) substituted for s. 50(2)(fa)-(h) (1.12.2001) by S.I. 2001/3649, arts. 1, 323(4)
F5S. 50(2)(k) omitted (30.4.2001) by virtue of S.I. 2001/1283, art. 3(5)
F6Words in s. 50(2)(m) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(5)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)
F8S. 50(2)(m)(iv) repealed (1.3.2000) by S.I. 2000/311, art. 25
F9S. 50(2)(m)(vii) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 323(2)(b)
F11S. 50(2)(m)(ix) inserted (1.4.1999) by S.I. 1999/506, art. 28(a)
F12S. 50(2)(m)(x) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 323(5)
F13S. 50(2)(m)(x) inserted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(5)(b); S.I. 2003/766, art. 2, Sch. (with art. 3)
F16Words in s. 50(2)(n) substituted (1.4.1999) by S.I. 1999/506, art. 28(b)
F17Words in s. 50(2)(p)(i) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 323(2)(c)
F18Words in s. 50(2)(p)(i) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Ch. II para. 67(b); S.I. 1998/1120, art. 2
F19S. 50(2)(r)(s) substituted for s. 50(2)(r) (1.12.2001) by S.I. 2001/3649, arts. 1, 323(6)
Marginal Citations
(1)Section 49 shall not prevent the disclosure of information—
(a)with a view to the institution, or otherwise for the purposes, of any criminal proceedings;
(b)with a view to the institution, or otherwise for the purposes, of any civil proceedings arising under or by virtue of this Act;
(c)in a summary or collection of information framed in such a way as not to enable the identity of any person to whom the information relates to be ascertained; or
(d)in pursuance of any Community obligation.
(2)Section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting—
(a)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the Board to discharge any of its functions;
(c)the Law Society, the General Council of the Bar, the Council for Licensed Conveyancers or the Faculty Office of the Archbishop of Canterbury to discharge any of its functions;
F2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(e)a recognised investment exchange or a recognised clearing house (both within the meaning given by section 285 of the Financial Services and Markets Act 2000) to discharge any of its functions;]
(f)the Bank of England to discharge any of its functions;
[F4(fa)the Financial Services Authority to discharge its functions under the legislation relating to friendly societies or to industrial and provident societies, under the Building Societies Act 1986 or under the Financial Services and Markets Act 2000;
(g)the Secretary of State or the Treasury to discharge any function conferred by this Act, the Financial Services and Markets Act 2000 or any enactment relating to competition, companies or insolvency;
(h)the competent authority for the purposes of Part 6 of the Financial Services and Markets Act 2000 to discharge its functions under that Part;
(ha)a person appointed under—
(i)section 167 of the Financial Services and Markets Act 2000 (general investigations),
(ii)section 168 of that Act (investigations in particular cases),
(iii)section 169(1)(b) of that Act (investigation in support of overseas regulator),
(iv)section 284 of that Act (investigations into affairs of certain collective investment schemes), or
(v)regulations made as a result of section 262(2)(k) of that Act (investigations into open-ended investment companies),
to conduct an investigation to discharge his functions;
(hb)any inspector appointed by the Secretary of State under this Act or any enactment relating to competition, companies or insolvency to discharge his functions under that enactment;
(hc)a body designated under section 326(1) of the Financial Services and Markets Act 2000 to discharge its functions in its capacity as a body designated under that section;]
(i)an official receiver to discharge any of his functions under any enactment relating to insolvency;
(j)a body which is a recognised professional body under section 391 of the M1Insolvency Act 1986 to discharge any of its functions as such a body;
F5(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(m)the [F6OFT to discharge any of its] functions under—
(i)this Act;
(ii)the M2Fair Trading Act 1973 (other than Part II);
(iii)the M3Consumer Credit Act 1974;
F8(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)the M4Estate Agents Act 1979;
(vi)the M5Competition Act 1980;
F9(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(viii)the M36Control of Misleading Advertisements Regulations 1988;
[F11(ix)the Competition Act 1998;]
[F12(x)the Financial Services and Markets Act 2000;]
[F13[F14(xi)]the Enterprise Act 2002;]
(n)the [F16Competition Commission] to discharge any of its functions under the Fair Trading Act 1973 and [F16, the Competition Act 1980 and the Competition Act 1998];
(o)the Scottish Conveyancing and Executry Services Board to discharge any of its functions;
(p)an authority in a country or territory outside the United Kingdom to discharge any functions corresponding to—
(i)the functions of the Board, F17. . . or the [F18Financial Services Authority]; or
(ii)those functions of the Secretary of State mentioned in paragraph (g);
(q)the Insolvency Practitioners Tribunal to discharge any of its functions under the Insolvency Act 1986;
[F19(r)the Financial Services Tribunal to discharge any function it has in relation to proceedings before it by virtue of the Financial Services and Markets Act 2000 (Transitional Provisions) (Partly Completed Procedures) Order 2001;
(s)the Financial Services and Markets Tribunal to discharge any of its functions.]
(3)Subject to subsection (4), section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting any public or other authority for the time being designated for the purposes of this section by an order made by the [F21Secretary of State] to discharge any functions which are specified in the order.
(4)An order under subsection (3) designating an authority for the purposes of this section may—
(a)impose conditions subject to which the disclosure of information is permitted by subsection (3); and
(b)otherwise restrict the circumstances in which disclosure is permitted.
(5)Where information has been disclosed by one person (“the first person") to another, by virtue of subsection (2), section 49 shall not prevent that other person from disclosing that information to any person to whom it could have been disclosed by the first person by virtue of subsection (2).
(6)The [F21Secretary of State] may by order modify the application of any provision of this section so as—
(a)to prevent the disclosure of information by virtue of that provision; or
(b)to restrict the extent to which disclosure of information is permitted by virtue of that provision.
Textual Amendments
F1S. 50(2)(a) repealed (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(2) (with arts. 6, 8)
F2S. 50(2)(d)(l) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 323(2)(a)
F3S. 50(2)(e) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 323(3)
F4S. 50(2)(fa)-(hc) substituted for s. 50(2)(fa)-(h) (1.12.2001) by S.I. 2001/3649, arts. 1, 323(4)
F5S. 50(2)(k) omitted (30.4.2001) by virtue of S.I. 2001/1283, art. 3(5)
F6Words in s. 50(2)(m) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(5)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)
F8S. 50(2)(m)(iv) repealed (1.3.2000) by S.I. 2000/311, art. 25
F9S. 50(2)(m)(vii) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 323(2)(b)
F11S. 50(2)(m)(ix) inserted (1.4.1999) by S.I. 1999/506, art. 28(a)
F12S. 50(2)(m)(x) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 323(5)
F13S. 50(2)(m)(x) inserted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(5)(b); S.I. 2003/766, art. 2, Sch. (with art. 3)
F14S. 50(2)(m)(x) renumbered (20.6.2003) as s. 50(2)(m)(xi) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 2, Sch. para. 13(2)
F16Words in s. 50(2)(n) substituted (1.4.1999) by S.I. 1999/506, art. 28(b)
F17Words in s. 50(2)(p)(i) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 323(2)(c)
F18Words in s. 50(2)(p)(i) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Ch. II para. 67(b); S.I. 1998/1120, art. 2
F19S. 50(2)(r)(s) substituted for s. 50(2)(r) (1.12.2001) by S.I. 2001/3649, arts. 1, 323(6)
F21Words in s. 50(3)(6) substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(a) (with arts. 6, 8)
Marginal Citations
(1)Section 49 shall not prevent the disclosure of information—
(a)with a view to the institution, or otherwise for the purposes, of any criminal proceedings;
(b)with a view to the institution, or otherwise for the purposes, of any civil proceedings arising under or by virtue of this Act;
(c)in a summary or collection of information framed in such a way as not to enable the identity of any person to whom the information relates to be ascertained; or
(d)in pursuance of any Community obligation.
(2)Section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting—
(a)the Lord Chancellor to discharge any of his functions under this Act with respect to the Board or authorised practitioners;
(b)the Board to discharge any of its functions;
(c)the Law Society, the General Council of the Bar, the Council for Licensed Conveyancers or the Faculty Office of the Archbishop of Canterbury to discharge any of its functions;
F2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(e)a recognised investment exchange or a recognised clearing house (both within the meaning given by section 285 of the Financial Services and Markets Act 2000) to discharge any of its functions;]
(f)the Bank of England to discharge any of its functions;
[F4(fa)the Financial Services Authority to discharge its functions under the legislation relating to friendly societies or to industrial and provident societies, under the Building Societies Act 1986 or under the Financial Services and Markets Act 2000;
(g)the Secretary of State or the Treasury to discharge any function conferred by this Act, the Financial Services and Markets Act 2000 or any enactment relating to competition, companies or insolvency;
(h)the competent authority for the purposes of Part 6 of the Financial Services and Markets Act 2000 to discharge its functions under that Part;
(ha)a person appointed under—
(i)section 167 of the Financial Services and Markets Act 2000 (general investigations),
(ii)section 168 of that Act (investigations in particular cases),
(iii)section 169(1)(b) of that Act (investigation in support of overseas regulator),
(iv)section 284 of that Act (investigations into affairs of certain collective investment schemes), or
(v)regulations made as a result of section 262(2)(k) of that Act (investigations into open-ended investment companies),
to conduct an investigation to discharge his functions;
(hb)any inspector appointed by the Secretary of State under this Act or any enactment relating to competition, companies or insolvency to discharge his functions under that enactment;
(hc)a body designated under section 326(1) of the Financial Services and Markets Act 2000 to discharge its functions in its capacity as a body designated under that section;]
(i)an official receiver to discharge any of his functions under any enactment relating to insolvency;
(j)a body which is a recognised professional body under section 391 of the M1Insolvency Act 1986 to discharge any of its functions as such a body;
F5(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(m)the [F6OFT to discharge any of its] functions under—
(i)this Act;
(ii)the M2Fair Trading Act 1973 (other than Part II);
(iii)the M3Consumer Credit Act 1974;
F8(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)the M4Estate Agents Act 1979;
(vi)the M5Competition Act 1980;
F9(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(viii)the M36Control of Misleading Advertisements Regulations 1988;
[F11(ix)the Competition Act 1998;]
[F12(x)the Financial Services and Markets Act 2000;]
[F13[F14(xi)]the Enterprise Act 2002;]
(n)the [F16Competition Commission] to discharge any of its functions under the Fair Trading Act 1973 and [F16, the Competition Act 1980 and the Competition Act 1998];
(o)the Scottish Conveyancing and Executry Services Board to discharge any of its functions;
(p)an authority in a country or territory outside the United Kingdom to discharge any functions corresponding to—
(i)the functions of the Board, F17. . . or the [F18Financial Services Authority]; or
(ii)those functions of the Secretary of State mentioned in paragraph (g);
(q)the Insolvency Practitioners Tribunal to discharge any of its functions under the Insolvency Act 1986;
[F19(r)the Financial Services Tribunal to discharge any function it has in relation to proceedings before it by virtue of the Financial Services and Markets Act 2000 (Transitional Provisions) (Partly Completed Procedures) Order 2001;
(s)the Financial Services and Markets Tribunal to discharge any of its functions.]
(3)Subject to subsection (4), section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting any public or other authority for the time being designated for the purposes of this section by an order made by the Lord Chancellor to discharge any functions which are specified in the order.
(4)An order under subsection (3) designating an authority for the purposes of this section may—
(a)impose conditions subject to which the disclosure of information is permitted by subsection (3); and
(b)otherwise restrict the circumstances in which disclosure is permitted.
(5)Where information has been disclosed by one person (“the first person") to another, by virtue of subsection (2), section 49 shall not prevent that other person from disclosing that information to any person to whom it could have been disclosed by the first person by virtue of subsection (2).
(6)The Lord Chancellor may by order modify the application of any provision of this section so as—
(a)to prevent the disclosure of information by virtue of that provision; or
(b)to restrict the extent to which disclosure of information is permitted by virtue of that provision.
Textual Amendments
F2S. 50(2)(d)(l) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 323(2)(a)
F3S. 50(2)(e) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 323(3)
F4S. 50(2)(fa)-(hc) substituted for s. 50(2)(fa)-(h) (1.12.2001) by S.I. 2001/3649, arts. 1, 323(4)
F5S. 50(2)(k) omitted (30.4.2001) by virtue of S.I. 2001/1283, art. 3(5)
F6Words in s. 50(2)(m) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(5)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)
F8S. 50(2)(m)(iv) repealed (1.3.2000) by S.I. 2000/311, art. 25
F9S. 50(2)(m)(vii) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 323(2)(b)
F11S. 50(2)(m)(ix) inserted (1.4.1999) by S.I. 1999/506, art. 28(a)
F12S. 50(2)(m)(x) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 323(5)
F13S. 50(2)(m)(x) inserted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(5)(b); S.I. 2003/766, art. 2, Sch. (with art. 3)
F14S. 50(2)(m)(x) renumbered (20.6.2003) as s. 50(2)(m)(xi) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 2, Sch. para. 13(2)
F16Words in s. 50(2)(n) substituted (1.4.1999) by S.I. 1999/506, art. 28(b)
F17Words in s. 50(2)(p)(i) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 323(2)(c)
F18Words in s. 50(2)(p)(i) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Ch. II para. 67(b); S.I. 1998/1120, art. 2
F19S. 50(2)(r)(s) substituted for s. 50(2)(r) (1.12.2001) by S.I. 2001/3649, arts. 1, 323(6)
Marginal Citations
(1)Section 49 shall not prevent the disclosure of information—
(a)with a view to the institution, or otherwise for the purposes, of any criminal proceedings;
(b)with a view to the institution, or otherwise for the purposes, of any civil proceedings arising under or by virtue of this Act;
(c)in a summary or collection of information framed in such a way as not to enable the identity of any person to whom the information relates to be ascertained; or
(d)in pursuance of any Community obligation.
(2)Section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting—
(a)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the Board to discharge any of its functions;
(c)the Law Society, the General Council of the Bar, the Council for Licensed Conveyancers or the Faculty Office of the Archbishop of Canterbury to discharge any of its functions;
F2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(e)a recognised investment exchange or a recognised clearing house (both within the meaning given by section 285 of the Financial Services and Markets Act 2000) to discharge any of its functions;]
(f)the Bank of England to discharge any of its functions;
[F4(fa)the Financial Services Authority to discharge its functions under the legislation relating to friendly societies or to industrial and provident societies, under the Building Societies Act 1986 or under the Financial Services and Markets Act 2000;
(g)the Secretary of State or the Treasury to discharge any function conferred by this Act, the Financial Services and Markets Act 2000 or any enactment relating to competition, companies or insolvency;
(h)the competent authority for the purposes of Part 6 of the Financial Services and Markets Act 2000 to discharge its functions under that Part;
(ha)a person appointed under—
(i)section 167 of the Financial Services and Markets Act 2000 (general investigations),
(ii)section 168 of that Act (investigations in particular cases),
(iii)section 169(1)(b) of that Act (investigation in support of overseas regulator),
(iv)section 284 of that Act (investigations into affairs of certain collective investment schemes), or
(v)regulations made as a result of section 262(2)(k) of that Act (investigations into open-ended investment companies),
to conduct an investigation to discharge his functions;
(hb)any inspector appointed by the Secretary of State under this Act or any enactment relating to competition, companies or insolvency to discharge his functions under that enactment;
(hc)a body designated under section 326(1) of the Financial Services and Markets Act 2000 to discharge its functions in its capacity as a body designated under that section;]
(i)an official receiver to discharge any of his functions under any enactment relating to insolvency;
(j)a body which is a recognised professional body under section 391 of the M1Insolvency Act 1986 to discharge any of its functions as such a body;
F5(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(m)the [F6OFT to discharge any of its] functions under—
(i)this Act;
(ii)the M2Fair Trading Act 1973 (other than Part II);
(iii)the M3Consumer Credit Act 1974;
F8(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)the M4Estate Agents Act 1979;
(vi)the M5Competition Act 1980;
F9(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(viii)the M36Control of Misleading Advertisements Regulations 1988;
[F11(ix)the Competition Act 1998;]
[F12(x)the Financial Services and Markets Act 2000;]
[F13[F14(xi)]the Enterprise Act 2002;]
(n)the [F16Competition Commission] to discharge any of its functions under the Fair Trading Act 1973 and [F16, the Competition Act 1980 and the Competition Act 1998];
(o)the Scottish Conveyancing and Executry Services Board to discharge any of its functions;
(p)an authority in a country or territory outside the United Kingdom to discharge any functions corresponding to—
(i)the functions of the Board, F17. . . or the [F18Financial Services Authority]; or
(ii)those functions of the Secretary of State mentioned in paragraph (g);
(q)the Insolvency Practitioners Tribunal to discharge any of its functions under the Insolvency Act 1986;
[F19(r)the Financial Services Tribunal to discharge any function it has in relation to proceedings before it by virtue of the Financial Services and Markets Act 2000 (Transitional Provisions) (Partly Completed Procedures) Order 2001;
(s)the Financial Services and Markets Tribunal to discharge any of its functions.]
[F20(t)the Pensions Regulator Tribunal to discharge any of its functions.]
(3)Subject to subsection (4), section 49 shall not prevent the disclosure of information for the purpose of enabling or assisting any public or other authority for the time being designated for the purposes of this section by an order made by the [F21Secretary of State] to discharge any functions which are specified in the order.
(4)An order under subsection (3) designating an authority for the purposes of this section may—
(a)impose conditions subject to which the disclosure of information is permitted by subsection (3); and
(b)otherwise restrict the circumstances in which disclosure is permitted.
(5)Where information has been disclosed by one person (“the first person") to another, by virtue of subsection (2), section 49 shall not prevent that other person from disclosing that information to any person to whom it could have been disclosed by the first person by virtue of subsection (2).
(6)The [F21Secretary of State] may by order modify the application of any provision of this section so as—
(a)to prevent the disclosure of information by virtue of that provision; or
(b)to restrict the extent to which disclosure of information is permitted by virtue of that provision.
Textual Amendments
F1S. 50(2)(a) repealed (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(2) (with arts. 6, 8)
F2S. 50(2)(d)(l) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 323(2)(a)
F3S. 50(2)(e) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 323(3)
F4S. 50(2)(fa)-(hc) substituted for s. 50(2)(fa)-(h) (1.12.2001) by S.I. 2001/3649, arts. 1, 323(4)
F5S. 50(2)(k) omitted (30.4.2001) by virtue of S.I. 2001/1283, art. 3(5)
F6Words in s. 50(2)(m) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(5)(a); S.I. 2003/766, art. 2, Sch. (with art. 3)
F8S. 50(2)(m)(iv) repealed (1.3.2000) by S.I. 2000/311, art. 25
F9S. 50(2)(m)(vii) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 323(2)(b)
F11S. 50(2)(m)(ix) inserted (1.4.1999) by S.I. 1999/506, art. 28(a)
F12S. 50(2)(m)(x) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 323(5)
F13S. 50(2)(m)(x) inserted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25, para. 23(5)(b); S.I. 2003/766, art. 2, Sch. (with art. 3)
F14S. 50(2)(m)(x) renumbered (20.6.2003) as s. 50(2)(m)(xi) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 2, Sch. para. 13(2)
F16Words in s. 50(2)(n) substituted (1.4.1999) by S.I. 1999/506, art. 28(b)
F17Words in s. 50(2)(p)(i) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 323(2)(c)
F18Words in s. 50(2)(p)(i) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Ch. II para. 67(b); S.I. 1998/1120, art. 2
F19S. 50(2)(r)(s) substituted for s. 50(2)(r) (1.12.2001) by S.I. 2001/3649, arts. 1, 323(6)
F20S. 50(2)(t) inserted (6.4.2005) by Pensions Act 2004 (c. 35), ss. 102(4), 322(1), Sch. 4 para. 21 (with s. 313); S.I. 2005/275, art. 2(7)(12), Sch. Pt. 7
F21Words in s. 50(3)(6) substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(a) (with arts. 6, 8)
Marginal Citations