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Version Superseded: 12/03/2019
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Financial Services and Markets Act 2000, Section 350 is up to date with all changes known to be in force on or before 31 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1(1)No obligation as to secrecy imposed by statute or otherwise prevents the disclosure of Revenue information to—
(a)the FCA or the PRA, if the disclosure is made for the purpose of assisting or enabling that regulator to discharge its functions under this or any other Act, or
(b)the Secretary of State, if the disclosure is made for the purpose of assisting in the investigation of a matter under section 168 or with a view to the appointment of an investigator under that section.]
(2)A disclosure may only be made under subsection (1) by or under the authority of the Commissioners of Inland Revenue.
(3)Section 348 does not apply to Revenue information.
(4)Information obtained as a result of [F2subsection (1)(b)] may not be used except—
(a)for the purpose of deciding whether to appoint an investigator under section 168;
(b)in the conduct of an investigation under section 168;
(c)in criminal proceedings brought against a person under this Act or the M1Criminal Justice Act 1993 as a result of an investigation under section 168;
(d)for the purpose of taking action under this Act against a person as a result of an investigation under section 168;
(e)in proceedings before the Tribunal as a result of action taken as mentioned in paragraph (d).
(5)Information obtained as a result of subsection (1) may not be disclosed except—
(a)by or under the authority of the Commissioners of Inland Revenue;
(b)in proceedings mentioned in subsection (4)(c) or (e) or with a view to their institution.
(6)Subsection (5) does not prevent the disclosure of information obtained as a result of subsection (1) to a person to whom it could have been disclosed under subsection (1).
(7)“Revenue information” means information held by a person which it would be an offence under section 182 of the M2Finance Act 1989 for him to disclose.
Textual Amendments
F1S. 350(1) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 12 para. 20(2) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F2Words in s. 350(4) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 12 para. 20(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
Modifications etc. (not altering text)
C1S. 350 modified (17.8.2001 for certain purposes otherwise 1.12.2001) by 1986 c. 53, s. 53A (as substituted (17.8.2001 for certain purposes otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. II para. 152); S.I. 2001/3538, art. 2(1)
S. 350 modified (17.8.2001 for certain purposes otherwise 1.12.2001) by 1992 c. 40, s. 63A (as substituted (17.8.2001 for certain purposes otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. I para. 78); S.I. 2001/3538, art. 2(1)
C2S. 350 restricted (7.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 17(6), 53(1), Sch. 2 Pt. 2 para. 18 (with s. 22); S.I. 2005/1126, art. 2(1)
C3Ss. 348-350 applied (14.11.2018) by The Central Counterparties (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2018 (S.I. 2018/1184), regs. 1(3), 22
Commencement Information
I1S. 350 wholly in force 3.9.2001; s. 350 not in force at Royal Assent see s. 431(2); s. 350(3)(7) in force at 18.6.2001 by S.I. 2001/1820, art. 2, Sch.; s. 350 in force in so far as not already in force at 3.9.2001 by S.I. 2001/2632, art. 2(2), Sch. Pt. 2
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