PART 5Regulation of payment systems

Disclosure of information

I192Exemptions from section 91

1

Section 91 does not prevent a disclosure of confidential information which—

a

is made for the purpose of facilitating the carrying out of a public function, and

b

is permitted by regulations made by the Treasury under this section.

2

For the purposes of this section “public functions” includes—

a

functions conferred by or in accordance with any provision contained in any enactment;

b

functions conferred by or in accordance with any provision contained in the EU Treaties or any EU instrument;

c

similar functions conferred on persons by or under provisions having effect as part of the law of a country or territory outside the United Kingdom;

d

functions exercisable in relation to specified disciplinary proceedings.

3

Regulations under this section may, in particular, make provision permitting the disclosure of confidential information or of confidential information of a specified kind—

a

by specified recipients, or recipients of a specified description, to any person for the purpose of enabling or assisting the recipient to discharge specified public functions;

b

by specified recipients, or recipients of a specified description, to specified persons, or persons of specified descriptions, for the purpose of enabling or assisting those persons to discharge specified public functions;

c

by the Payment Systems Regulator to the Treasury for any purpose;

d

by any recipient if the disclosure is with a view to or in connection with specified proceedings.

4

Regulations under this section may also include provision—

a

making any permission to disclose confidential information subject to conditions (which may relate to the obtaining of consents or any other matter);

b

restricting the uses to which confidential information disclosed under the regulations may be put.

5

In relation to confidential information, each of the following is a “recipient”—

a

a primary recipient;

b

a person obtaining the information directly or indirectly from a primary recipient.

6

In this section—

  • “confidential information” and “primary recipient” have the same meaning as in section 91;

  • “specified” means specified in regulations.