B has carried out a status check which indicates that P is not a disqualified person, or

at the time when the account is opened B is unable, because of circumstances that cannot reasonably be regarded as within its control, to carry out a status check in relation to P.

is in the United Kingdom, and

requires leave to enter or remain in the United Kingdom but does not have it.

carrying out a “status check” in relation to P means checking with a specified anti-fraud organisation or a specified data-matching authority whether, according to information supplied to that organisation or authority by the Secretary of State, P is a disqualified person;

a “disqualified person” is a person within subsection (2) for whom the Secretary of State considers that a current account should not be opened by a bank or building society;

a bank or building society is required to pay a reasonable fee for carrying out status checks, and

its inability to carry out a status check is due to its failure to pay the fee.

provide for the Financial Conduct Authority to be given free access to the information to which banks and building societies are given access when carrying out status checks under section 40;

apply, or make provision corresponding to, any of the provisions of the Financial Services and Markets Act 2000, including in particular those mentioned in subsection (3), with or without modification.

provisions about investigations, including powers of entry and search and criminal offences;

provisions for the grant of an injunction (or, in Scotland, an interdict) in relation to a contravention or anticipated contravention;

provisions giving the Financial Conduct Authority powers to impose disciplinary measures (including financial penalties) or to give directions;

provisions giving a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) or the Financial Conduct Authority powers to make subordinate legislation;

provisions for the Financial Conduct Authority to charge fees.

a person who under Part 4A of the Financial Services and Markets Act 2000 has permission to accept deposits;

an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act that has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits.

a building society;

a person who is specified, or is within a class of persons specified, by an order under section 38 of the Financial Services and Markets Act 2000 (exemption orders);

a credit union within the meaning given by section 31(1) of the Credit Unions Act 1979 or by Article 2(2) of the Credit Unions (Northern Ireland) Order 1985;

a friendly society within the meaning given by section 116 of the Friendly Societies Act 1992.

to alter the categories of financial institution to which those sections apply;

to alter the categories of account to which the prohibition in section 40(1) applies;

to include provision defining a category of account specified in that section;

to provide for the prohibition in section 40(1) not to apply in the case of an account to be operated (or an account that is operated) by or for a person or body of a specified description.