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Statutory Instruments

1989 No. 940

FINANCIAL SERVICES

The Financial Services (Disclosure of Information) (Designated Authorities) (No.5) Order 1989

Made

5th June 1989

Laid before Parliament

6th June 1989

Coming into force

7th June 1989

The Secretary of State, in exercise of the powers conferred upon him by section 180(3) and (4) of the Financial Services Act 1986(1) and section 449(1B) and (1C) of the Companies Act 1985((2), hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Financial Services (Disclosure of Information) (Designated Authorities) (No.5) Order 1989 and shall come into force on 7th June 1989.

Designation of authorities and specification of functions

2.  For the purposes of section 180 of the Financial Services Act 1986 and section 449 of the Companies Act 1985–

(a)the Charity Commissioners are designated as authorities in relation to their functions under the Charities Act 1960(3); and

(b)the Attorney-General is designated as an authority in relation to his functions in connection with charities.

Francis Maude

Parliamentary Under Secretary of State,

Department of Trade and Industry

5th June 1989

Explanatory Note

(This note is not part of the Order)

This Order designates certain authorities as authorities for the purposes of section 449 of the Companies Act 1985 and section 180 of the Financial Services Act 1986 in relation to specified functions. The Charity Commissioners are designated in relation to their functions under the Charities Act 1960 and the Attorney-General is designated in relation to his functions in connection with charities. The effect of designation is to permit the disclosure of information which would otherwise be restricted if disclosure is for the purposes of enabling or assisting the designated authority to discharge the specified functions. There have been four previous orders designating public or other authorities for the purposes of the sections (S.I. 1986/2046, 1987/859, 1141 and 1988/1058) and one for the purposes of section 449 alone (S.I. 1988/1334).

(2)

1985 c. 6; subsections (1B) and (1C) of section 449 of the Companies Act 1985 were inserted by paragraph 9 of Schedule 13 to the Financial Services Act 1986.