http://www.legislation.gov.uk/id/uksi/1992/3218

http://www.legislation.gov.uk/uksi/1992/3218/regulation/39/made

The Banking Coordination (Second Council Directive) Regulations 1992

Banking

Credit licences

King's Printer of Acts of Parliament

2016-10-18

BANKING

These Regulations give effect to the Second Council Directive 89/646/EEC on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions (OJ No. L386, 30.12.89, p.1), and to certain provisions of Council Directive 77/780/EEC (OJ No. L322, 17.12.77, p.30), which is amended by the Second Council Directive. They also give effect to the Council Directive 92/30/EEC on the supervision of credit institutions on a consolidated basis (OJ No. L110, 28.4.92, p.52). The Regulations come into force on 1st January 1993.

The Banking Coordination (Second Council Directive) Regulations 1992

regs.12-13A

Bank of England Act 1998

s.23

Sch.5 Pt.I Ch.II

para.25

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 2(1A)

The Banking Consolidation Directive (Consequential Amendments) Regulations 2000

reg. 10(3)

reg. 1

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 2(2B)

The Banking Consolidation Directive (Consequential Amendments) Regulations 2000

reg. 10(3)

reg. 1

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 2B(3)(a)

(b)

The Banking Consolidation Directive (Consequential Amendments) Regulations 2000

reg. 10(4)

reg. 1

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 2B-2C

The Banking (Gibraltar) Regulations 1999

reg. 2(3)

reg. 1

Banking Coordination (Second Council Directive) Regs

The Banking Coordination (Second Council Directive) Regulations 1992

Sch.8. para 9(2)

Criminal Justice Act 1993

s. 70(1)

(4)

The Banking Coordination (Second Council Directive) Regulations 1992

Sch.8. para 10(3)

Criminal Justice Act 1993

s. 70(1)

(4)

The Banking Coordination (Second Council Directive) Regulations 1992

Regulations

The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001

art. 3(2)(a)

art. 1

Banking Coordination (Second Council Directive) Regs

The Banking Coordination (Second Council Directive) Regulations 1992

The Financial Services and Markets Act 2000 (Transitional Provisions and Savings) (Information Requirements and Investigations) Order 2001

art 12

Banking Coordination (Second Council Directive) Regs

The Banking Coordination (Second Council Directive) Regulations 1992

reg.2A

The Banking Coordination (Second Council Directive) (Amendment) Regulations 1993

reg.2(d)

The Banking Coordination (Second Council Directive) Regulations 1992

reg.5(3)

The Banking Coordination (Second Council Directive) (Amendment) Regulations 1993

reg.2(f)

The Banking Coordination (Second Council Directive) Regulations 1992

reg.13A

The Banking Coordination (Second Council Directive) (Amendment) Regulations 1993

reg.2(g)

The Banking Coordination (Second Council Directive) Regulations 1992

reg 2B

The Banking (Gibraltar) Regulations 1999

reg.2(3)

The Banking Coordination (Second Council Directive) Regulations 1992

reg.2C

The Banking (Gibraltar) Regulations 1999

reg.2(4)

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 9(2)(c)(i)

(ii)

The Credit Institutions (Protection of Depositors)Regulations 1995

reg. 50(1)

reg. 54

reg. 1(2)

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 9(2)(d)(i)

(ii)

The Credit Institutions (Protection of Depositors)Regulations 1995

reg. 50(2)

reg. 54

reg. 1(2)

The Banking Coordination (Second Council Directive) Regulations 1992

defn of European authorised institution

Finance Act 1994

s. 177(1)

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 2(2B)

The Financial Institutions (Prudential Supervision) Regulations 1996

Sch. 5

para. 10

reg. 1(2)

PART IVAMENDMENTS OF BANKING ACT

Restrictions on disclosure of information

Disclosure for facilitating discharge of functions by other supervisory bodies39

1

For the purpose of facilitating references to them, the entries in the Table in subsection (1) of section 84 of the Banking Act35 (disclosure for facilitating discharge of functions by other supervisory bodies) shall be numbered 1 to 19.

2

For subsection (5) of that section there shall be substituted the following subsections—

5
Section 82 above does not preclude the disclosure by the Bank of information to the Treasury if disclosure appears to the Bank to be—
a
desirable or expedient in the interests of depositors; or
b
in the public interest,
and (in either case) in accordance with article 12(7) of the First Council Directive36.
5A
Section 82 above does not preclude the disclosure by the Bank of information to the Secretary of State for purposes other than those specified in relation to him in subsection (1) above if the disclosure is made with the consent of the Treasury and—
a
the information relates to an authorised institution or former authorised institution and does not enable the financial affairs of any other identifiable person to be ascertained and disclosure appears to the Bank to be necessary in the interests of depositors or in the public interest; or
b
in any other case, disclosure appears to the Bank to be necessary in the interests of depositors;
and (in either case) disclosure appears to the Bank to be in accordance with article 12(7) of the First Council Directive.

3

In subsection (6)(a) of that section, at the end of sub-paragraph (i) there shall be inserted the words “or the Banking Coordination (Second Council Directive) Regula tions 1992”.

4

After that subsection there shall be inserted the following subsections—

7
Subsection (6) above does not apply in relation to disclosures to an authority which is not a supervisory authority in another member State unless the Bank is satisfied that the authority is subject to restrictions on further disclosures at least equivalent to those imposed by this Part of this Act.
8
Information which is disclosed to a person in pursuance of subsection (1), (4) or (6) above shall not be used otherwise than for the purpose mentioned in that subsection.
9
Any person who uses information in contravention of subsection (8) above shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding the fifth level on the standard scale or to both.
10
Any reference in this section to enabling or assisting any person to discharge or exercise any functions is a reference to enabling or assisting that person to discharge or exercise those functions in relation to—
a
a financial market; or
b
persons carrying on the business of banking or insurance, Consumer Credit Act businesses or the business of providing other financial services;
and in this subsection 'Consumer Credit Act business' has the same meaning as in the Banking Coordination (Second Council Directive) Regulations 1992.