The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001

Statutory Instruments

2001 No. 2188

FINANCIAL SERVICES AND MARKETS

The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001

Made

15th June 2001

Laid before Parliament

15th June 2001

Coming into force

18th June 2001

The Treasury, in exercise of the powers conferred on them by sections 349(1)(b), (2) and (3), 417(1)M1 , 426, 427 and 428(3) of the Financial Services and Markets Act 2000M2 , hereby make the following Regulations—

Modifications etc. (not altering text)

C1 Regulations modified (temp.) (11.8.2001) by The Financial Services and Markets Act 2000 (Consequential and Transitional Provisions) (Miscellaneous) (No. 2) Order 2001 (S.I. 2001/2659), arts. 1(2), 7

C2 Regulations modified (1.12.2001) by The Financial Services and Markets Act 2000 (Confidential Information) (Bank of England) (Consequential Provisions) Order 2001 (S.I. 2001/3648), arts. 1, 6

C3 Regulations applied (with modifications) (1.12.2001) by The Financial Services and Markets Act 2000 (Confidential Information) (Bank of England) (Consequential Provisions) Order 2001 (S.I. 2001/3648), arts. 1, 4

C4 Regulations applied (20.4.2003) by The Insurers (Reorganisation and Winding Up) Regulations 2003 (S.I. 2003/1102), regs. 1, 16(4) (with reg. 3)

C5 Regulations applied (18.2.2004) by The Insurers (Reorganisation and Winding Up) Regulations 2004 (S.I. 2004/353), regs. 1, 16(4)

C6 Regulations applied (5.5.2004) by The Credit Institutions (Reorganisation and Winding up) Regulations 2004 (S.I. 2004/1045), regs. 1, 18(4), 38(6)

C7 Regulations applied (with modifications) (9.2.2011) by The Electronic Money Regulations 2011 (S.I. 2011/99), regs. 1(2)(a)(xiv), 62, Sch. 3 para. 11 (with reg. 3) (as amended (27.3.2019) by S.I. 2019/681, regs. 1(2), 14(2))

C8 Regulations applied (with modifications) (15.1.2013) by The Payments in Euro (Credit Transfers and Direct Debits) Regulations 2012 (S.I. 2012/3122), reg. 1, Sch. para. 9

C9 Regulations applied (with modifications) (9.7.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Referral Fees) Regulations 2013 (S.I. 2013/1635), regs. 1, 12

C10 Regulations applied (12.12.2014) by The Immigration Act 2014 (Bank Accounts) Regulations 2014 (S.I. 2014/3085), regs. 1, 13

C11 Regulations applied (with modifications) (1.1.2016) by The Small and Medium Sized Business (Finance Platforms) Regulations 2015 (S.I. 2015/1946), regs. 1(2), 22(2)

C12 Regulations applied (with modifications) (1.1.2016) by The Small and Medium Sized Business (Credit Information) Regulations 2015 (S.I. 2015/1945), regs. 1(2), 25(2)

C13 Regulations applied (with modifications) (18.9.2016) by The Payment Accounts Regulations 2015 (S.I. 2015/2038), reg. 1(2)(b), Sch. 7 para. 9

C14 Regulations applied (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 1 para. 28 (with reg. 7)

C15 Regulations applied (3.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Data Reporting Services Regulations 2017 (revoked) 2017 (S.I. 2017/699), regs. 1(2)(a)(b), 42

C16 Regulations applied (with modifications) (13.10.2017) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(3)(c), Sch. 6 para. 13 (with reg. 3)

Marginal Citations

M1 See the definition of “prescribed".

M2 2000 c. 8.

PART I U.K. PRELIMINARY

Citation and Commencement U.K.

1.  These Regulations may be cited as the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 and come into force on 18th June 2001.

Interpretation U.K.

2.  In these Regulations—

• [F1 ACER” means the Agency for the Cooperation of Energy Regulators established by Regulation (EC) No. 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators]

• “the Act" means the Financial Services and Markets Act 2000;

• F2 ...

• [F3 “competent authority” includes a supervisory authority within the meaning of Article 13(10) of the Solvency 2 Directive;]

• [F4 “conglomerates directive” means Directive 2002/87/EC of the European Parliament and of the Council of 16th December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC, 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council [F5 as last amended by Directive 2011/89/EU of the European Parliament and of the Council];]

• “criminal investigation" means an investigation of any crime, including an investigation of any alleged or suspected crime and an investigation of whether a crime has been committed;

• “dependent territory" means the Channel Islands, the Isle of Man and any territory outside the British Islands for whose external relations the United Kingdom is responsible;

• “dependent territory regulatory authority" means an overseas regulatory authority which exercises its functions in, and in relation to, a dependent territory;

• F6 ...

• “disciplinary proceedings authority" means a person responsible for initiating prescribed disciplinary proceedings or determining the outcome of such proceedings;

• “EEA competent authority" means a competent authority of an EEA state other than the United Kingdom for the purposes of any of the single market directives [F7 , the EMIR regulation F8 ... [F9 , the SFT regulation [F10 , the CSD regulation or the PRIIPs regulation]]] F11 ... F12 ...;

• “EEA regulatory authority" means an EEA competent authority or an overseas regulatory authority which exercises its functions in, and in relation to, an EEA State other than the United Kingdom;

• [F13 “EEA resolution authority” means an authority designated by another EEA state in accordance with Article 3 of the recovery and resolution directive;]

• [F14 EMIR information” means confidential information received by one of the regulators in the course of discharging its functions as a competent authority under the EMIR regulation;]

• [F14 “the EMIR regulation” means Regulation (EU) 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories;]

• [F15 “ESRB” means the European Systemic Risk Board established by Regulation (EU) No. 1092/2010 of the European Parliament and the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board;]

• [F15 “ESAs” means the European Supervisory Authorities established by Regulation (EU) No. 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), Regulation (EU) No. 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority) and Regulation (EU) No. 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority);]

• [F13 “foreign resolution authority” means an authority in a territory which is not, and does not form part of, an EEA state which exercises functions in relation to third-country resolution action (within the meaning of section 89H of the Banking Act 2009), including planning for such action, corresponding to one or more functions exercisable by an EU resolution authority pursuant to the recovery and resolution directive;]

• “former regulated activities" means activities carried on before the coming into force of section 19 of the Act and which constitute—

  (a)

  investment business within the meaning of the Financial Services Act 1986 M3 ;

  (b)

  deposit-taking business within the meaning of the Banking Act 1987 M4 ;

  (c)

  insurance business within the meaning of the Insurance Companies Act 1982 M5 ; or

  (d)

  insurance business within the meaning of the Friendly Societies Act 1992 M6 ;

• “former regulated person" means a person who, at any time before the coming into force of section 19 of the Act, was—

  (a)

  authorised under section 3 or 4 of the Insurance Companies Act 1982;

  (b)

  an authorised person within the meaning of the Financial Services Act 1986, or an appointed representative within the meaning of section 44 M7 (appointed representatives) of that Act;

  (c)

  an authorised institution within the meaning of the Banking Act 1987;

  (d)

  a European institution within the meaning of the Banking Coordination (Second Council Directive) Regulations 1992 M8 ;

  (e)

  a European investment firm within the meaning of the Investment Services Regulations 1995 M9 ;

  (f)

  an EC company within the meaning of the Insurance Companies Act 1982 able to carry on direct insurance business through a branch in the United Kingdom, or provide insurance in the United Kingdom by virtue of paragraph 1 or 8 of Schedule 2F to that Act M10 ;

  (g)

  a friendly society authorised or treated as authorised for the purposes of Part IV of the Friendly Societies Act 1992, or permitted by virtue of section 31(2) or (3) of that Act to carry on activities without authorisation under that Part; or

  (h)

  a building society authorised or treated as authorised for the purposes of the Building Societies Act 1986 M11 ;

• F16 ...

• [F17 “markets in financial instruments directive [F18 and the markets in financial instruments regulation] information” means confidential information received by the [F19 FCA or the PRA] in the course of discharging its functions as an EEA competent authority under the markets in financial instruments directive [F20 or its functions in relation to the supervision of investment firms under [F21 the capital requirements directive];]

• [F22 “mortgages directive information” means confidential information received by the FCA or the PRA in the course of discharging its functions as a competent authority under the mortgages directive;]

• F12 ...

• “non-EEA regulatory authority" means an overseas regulatory authority other than an EEA regulatory authority or a dependent territory regulatory authority;

• “overseas regulatory authority" means—

  (a)

  an authority in a country or territory outside the United Kingdom which exercises any function of a kind mentioned in section 195(4) of the Act; or

  (b)

  an overseas investment exchange [F23 , overseas clearing house, EEA central counterparty (within the meaning of section 285(1)(c) of the Act) [F24 , third country central counterparty (within the meaning of section 285(1)(d) of the Act), EEA CSD (within the meaning of section 285(1)(f) of the Act) or third country CSD (within the meaning of section 285(1)(g) of the Act)]];

• “prescribed disciplinary proceedings" means the disciplinary proceedings prescribed in Schedule 3;

• [F13 “recovery and resolution directive” means Directive 2014/59/EU of the European Parliament and of the Council of 15th May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms;]

• [F13 “recovery and resolution directive information” means confidential information received by—

  (a)

  the Bank of England in the course of discharging its functions as a resolution authority under the recovery and resolution directive;

  (b)

  the FCA or PRA in the course of discharging their functions as competent authorities under the recovery and resolution directive;

  (c)

  a person appointed by the Bank of England under section 62B (resolution administrator) of the Banking Act 2009 to act as resolution administrator in the course of discharging that person's functions as such;]

• [F25 “regulators” means the FCA, the PRA and the Bank of England, and “regulator” means any one of the regulators;]

• [F25 “regulator worker” means—

  (a)

  a person who is or has been employed by one of the regulators; or

  (b)

  an auditor or expert instructed by one of the regulators;]

• “Secretary of State worker" means—

  (a)

  a person who is or has been employed by the Secretary of State; or

  (b)

  an auditor or expert instructed by the Secretary of State;

• [F26 “SFTR information” means confidential information received by a regulator in the course of discharging its functions as a competent authority under the SFT regulation;]

• [F27 “short selling regulation information” means confidential information received by the [F28 FCA] in the course of discharging its functions as a competent authority under the short selling regulation;]

• [F29 “single market information” means confidential information received by the [F30 FCA or the PRA] in the course of discharging its functions as the competent authority under any of the single market directives except for the market in financial instruments directive [F31 , the markets in financial instruments regulation] or the conglomerates directive and as the competent authority under Regulation (EU) No. 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), Regulation (EU) No. 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority) and Regulation (EU) No. 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority) and article 8 of Regulation (EU) No. 1092/2010 of the European Parliament and the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board;]

• [F32 “single market restrictions” means the restrictions imposed on the disclosure of information by—

  (a)

  articles [F33 76 and 81] of the markets in financial instruments directive;

  (b)

  [F34 section 2 of Chapter 1 of Title 7 of the capital requirements directive]

  (c)

  [F35 articles 64, 65, 66, 67, 68, 69, and 70 of the Solvency 2 Directive;]

  (f)

  article 102 [F36 and 104a.1] of the UCITS directive;

  (g)

  article 9 of the insurance mediation directive;

  (ga)

  [F37 articles 47.2, 47.3, 51, 52 and 53.2 of the alternative investment fund managers directive;]

  (gb)

  [F38 Articles 5(2) and 36 of the mortgages directive;]

  (h)

  article 70 of Regulation (EU) No. 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority);

  (i)

  article 70 of Regulation (EU) No. 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority);

  (j)

  article 70 of Regulation (EU) No. 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority); F39 ...

  (k)

  article 8 of Regulation (EU) No. 1092/2010 of the European Parliament and the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board] [F40 ; F41 ...

  (l)

  article 83 of the EMIR regulation;]

  (m)

  [F42 articles 84 and 98 of the recovery and resolution directive] [F43 ; F44 ... [F45 and]

  (n)

  F46 ...]

  (o)

  [F47 article 18 of the SFT regulation;]

• [F48 [F49 "the third non-life insurance directive"] has the meaning given to it by paragraph 3 of Schedule 3 to the Act;]

• [F50 UCITS directive information” means confidential information received by the Authority in the course of discharging its functions as an EEA competent authority under the UCITS directive.]

• F51 ...

• F51 ...]

Textual Amendments

F1 Words in reg. 2 inserted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(2)(a)

F2 Words in reg. 2 omitted (1.4.2013) by virtue of The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(2)(a)

F3 Words in reg. 2 inserted (1.1.2016) by The Solvency 2 Regulations 2015 (S.I. 2015/575), reg. 1(2), Sch. 2 para. 12(2)(a)

F4 Words in reg. 2 inserted (10.8.2004) by The Financial Conglomerates and Other Financial Groups Regulations 2004 (S.I. 2004/1862), regs. 1(1), 11(a)

F5 Words in reg. 2 inserted (10.6.2013) by The Financial Conglomerates and Other Financial Groups (Amendment) Regulations 2013 (S.I. 2013/1162), regs. 1, 13

F6 Words in reg. 2 omitted (16.4.2012) by virtue of The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(2)(b)

F7 Words in reg. 2 substituted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 18(2)(b)

F8 Words in reg. 2 omitted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(2)(a) (with reg. 7)

F9 Words in reg. 2 substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 25(2)(a) (with regs. 7(4), 9(1))

F10 Words in reg. 2 substituted (1.1.2018) by virtue of The Packaged Retail and Insurance-based Investment Products Regulations 2017 (S.I. 2017/1127), reg. 1, Sch. 2 para. 4

F11 Words in reg. 2 omitted (13.2.2004) by virtue of The Collective Investment Schemes (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2066), regs. 1(1), 12(a)(i)

F12 Words in reg. 2 omitted (20.1.2007) by virtue of The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2006 (S.I. 2006/3413), regs. 1(2)(a), 3(c)

F13 Words in reg. 2 inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(2)(b)

F14 Words in reg. 2 inserted (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 35(2)(a) (with regs. 52-58)

F15 Words in reg. 2 inserted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(2)(c)

F16 Words in reg. 2 omitted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(2)(b) (with reg. 7)

F17 Words in reg. 2 inserted (1.11.2007) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2006 (S.I. 2006/3413), regs. 1(2)(b), 3(d)

F18 Words in reg. 2 inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(2)(c) (with reg. 7)

F19 Words in reg. 2 substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(2)(b)

F20 Words in reg. 2 inserted (31.12.2010) by The Capital Requirements (Amendment) Regulations 2010 (S.I. 2010/2628), reg. 1, Sch. 2 para. 3(2)

F21 Words in reg. 2 substituted (1.1.2014) by The Capital Requirements Regulations 2013 (S.I. 2013/3115), reg. 1(2), Sch. 2 para. 55(2)(a)

F22 Words in reg. 2 inserted (20.4.2015 for specified purposes, 21.12.2015 for specified purposes, 21.3.2016 in so far as not already in force) by The Mortgage Credit Directive Order 2015 (S.I. 2015/910), art. 1(5), Sch. 1 para. 8(2)(a) (with Pt. 4)

F23 Words in reg. 2 substituted (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 35(2)(c) (with regs. 52-58)

F24 Words in reg. 2 substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 25(2)(b) (with regs. 7(4), 9(1))

F25 Words in reg. 2 inserted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(2)(c)

F26 Words in reg. 2 inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 2(2)(c)

F27 Words in reg. 2 inserted (1.11.2012) by The Financial Services and Markets Act 2000 (Short Selling) Regulations 2012 (S.I. 2012/2554), regs. 1(1), 3(2)

F28 Word in reg. 2 substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(2)(d)

F29 Words in reg. 2 inserted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(2)(d)

F30 Words in reg. 2 substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(2)(e)

F31 Words in reg. 2 inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(2)(d) (with reg. 7)

F32 Words in reg. 2 inserted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(2)(e)

F33 Words in reg. 2 substituted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(2)(e)(i) (with reg. 7)

F34 Words in reg. 2 substituted (1.1.2014) by The Capital Requirements Regulations 2013 (S.I. 2013/3115), reg. 1(2), Sch. 2 para. 55(2)(b)

F35 Words in reg. 2 substituted (1.1.2016) by The Solvency 2 Regulations 2015 (S.I. 2015/575), reg. 1(2), Sch. 2 para. 12(2)(b)

F36 Words in reg. 2 inserted (18.3.2016) by The Undertakings for Collective Investment in Transferable Securities Regulations 2016 (S.I. 2016/225), regs. 1, 4(2)

F37 Words in reg. 2 inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 12(2)

F38 Words in reg. 2 inserted (20.4.2015 for specified purposes, 21.12.2015 for specified purposes, 21.3.2016 in so far as not already in force) by The Mortgage Credit Directive Order 2015 (S.I. 2015/910), art. 1(5), Sch. 1 para. 8(2)(b) (with Pt. 4)

F39 Word in reg. 2 omitted (1.4.2013) by virtue of The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 35(2)(d)(i) (with regs. 52-58)

F40 Words in reg. 2 inserted (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 35(2)(d)(ii) (with regs. 52-58)

F41 Word in reg. 2 omitted (3.7.2016) by virtue of The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 18(2)(c)(i)

F42 Words in reg. 2 added (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(2)(a)

F43 Words in reg. 2 inserted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 18(2)(c)(ii)

F44 Word in reg. 2 omitted (13.7.2016) by virtue of The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 2(2)(b)(i)

F45 Word in reg. 2 inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(2)(e)(ii) (with reg. 7)

F46 Words in reg. 2 omitted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(2)(e)(iii) (with reg. 7)

F47 Words in reg. 2 inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 2(2)(b)(iii)

F48 Words in reg. 2 inserted (3.4.2003) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2003 (S.I. 2003/693), regs. 1, 3(a)

F49 Words in reg. 2 substituted (11.1.2005) by The Life Assurance Consolidation Directive (Consequential Amendments) Regulations 2004 (S.I. 2004/3379), regs. 1, 19(2)(b)

F50 Words in reg. 2 inserted (1.7.2011) by The Undertakings for Collective Investment in Transferable Securities Regulations 2011 (S.I. 2011/1613), regs. 1, 5(2)(b)

F51 Words in reg. 2 omitted (13.2.2004) by virtue of The Collective Investment Schemes (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2066), regs. 1(1), 12(a)(ii)

Modifications etc. (not altering text)

C17 Reg. 2 applied (with modifications) (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(a), Sch. 5 para. 10(a) (as amended (9.12.2015) by The Payment Card Interchange Fee Regulations 2015 (S.I. 2015/1911), regs. 1, 17(3))

C18 Reg. 2 applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 1, Sch. Pt. 3 para. 10(a)

Marginal Citations

M3 1986 c. 60.

M4 1987 c. 22.

M5 1982 c. 50.

M6 1992 c. 40.

M7 Modified by S.I. 1992/3218 and S.I. 1995/3275.

M8 S.I. 1992/3218; relevant amendments were made by S.I. 1999/2094.

M9 S.I. 1995/3275; to which there are amendments not relevant to these Regulations.

M10 Inserted by S.I. 1994/1696 and amended by S.I. 1997/2781.

M11 1986 c. 53.

PART II U.K. DISCLOSURE OF CONFIDENTIAL INFORMATION GENERALLY

Disclosure by and to the [F52 regulators], the Secretary of State and the Treasury etc. U.K.

3.—(1) A disclosure of confidential information is permitted when it is made to any person—

[F53 (a) by one of the regulators or a regulator worker for the purposes of enabling or assisting the person making the disclosure to discharge any public functions of that regulator or (if different) the regulator worker;]

(b) by the Secretary of State or a Secretary of State worker for the purpose of enabling or assisting the person making the disclosure to discharge any public functions of the Secretary of State or (if different) of the Secretary of State worker;

(c) by the Treasury for the purpose of enabling or assisting the Treasury to discharge any of their public functions;

[F54 (d) by one of the regulators or a regulator worker to one of the other regulators or a regulator worker employed or instructed by one of the other regulators for the purpose of enabling or assisting the recipient to discharge any public functions of the regulator or (if different) the regulator worker.]

(2) A disclosure of confidential information is permitted when it is made by any primary recipient, or person obtaining the information directly or indirectly from a primary recipient, to [F55 one of the regulators], the Secretary of State or the Treasury for the purpose of enabling or assisting [F56 that regulator], the Secretary of State or the Treasury (as the case may be) to discharge any of its, his or their public functions.

(3) Paragraphs (1) and (2) do not permit disclosure in contravention of any of the [F57 single market restrictions].

Textual Amendments

F52 Word in reg. 3 heading substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(3)(a)

F53 Reg. 3(1)(a) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(3)(b)(i)

F54 Reg. 3(1)(d) inserted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(3)(b)(ii)

F55 Words in reg. 3(2) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(3)(c)(i)

F56 Words in reg. 3(2) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(3)(c)(ii)

F57 Words in reg. 3(3) substituted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(3)

Disclosure for the purposes of criminal proceedings and investigations U.K.

4.  A primary recipient of confidential information, or a person obtaining such information directly or indirectly from a primary recipient, is permitted to disclose such information to any person—

(a) for the purposes of any criminal investigation whatever which is being or may be carried out, whether in the United Kingdom or elsewhere;

(b) for the purposes of any criminal proceedings whatever which have been or may be initiated, whether in the United Kingdom or elsewhere; or

[F58 (ba) for the purposes of any proceedings under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 which have been, or may be initiated;]

(c) for the purpose of initiating or bringing to an end any such investigation or proceedings, or of facilitating a determination of whether it or they should be initiated or brought to an end.

Textual Amendments

F58 Reg. 4(ba) inserted (23.8.2003) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) (No. 2) Regulations 2003 (S.I. 2003/2174), regs. 1, 4(a)

Disclosure for the purposes of certain other proceedings U.K.

5.—(1) Subject to paragraphs (4) and (5), a primary recipient of confidential information, or a person obtaining such information directly or indirectly from a primary recipient, is permitted to disclose such information to—

(a) a person mentioned in paragraph (3) for the purpose of initiating proceedings to which this regulation applies, or of facilitating a determination of whether they should be initiated; or

(b) any person for the purposes of proceedings to which this regulation applies and which have been initiated, or for the purpose of bringing to an end such proceedings, or of facilitating a determination of whether they should be brought to an end.

(2) A person mentioned in paragraph (3) (or a person who is employed by [F59 one of the regulators] or the Secretary of State) is permitted to disclose confidential information to any person for a purpose mentioned in paragraph (1)(a).

(3) The persons referred to in paragraphs (1)(a) and (2) are—

(a) [F60 the regulators];

(b) the Secretary of State; and

(c) the Department of Enterprise, Trade and Investment in Northern Ireland.

(4) This regulation does not permit the disclosure of information with a view to the institution of, or in connection with, proceedings of the kind referred to in paragraph (6)(e) to the extent that—

(a) the information relates to an authorised person, former authorised person or former regulated person (“A");

(b) the information also relates to another person (“B") who, to the knowledge of the primary recipient (or person obtaining confidential information directly or indirectly from him), is or has been involved in an attempt to rescue A, or A’s business, from insolvency or impending insolvency; and

(c) B is not a director, controller or manager of A.

(5) This regulation does not permit disclosure in contravention of any of the [F61 single market restrictions].

(6) The proceedings to which this regulation applies are—

(a) civil proceedings arising under or by virtue of the Act, an enactment referred to in section 338 of the Act, the Banking Act 1979 M12 , the Friendly Societies Act 1974 M13 , the Insurance Companies Act 1982 M14 , the Financial Services Act 1986 M15 , the Building Societies Act 1986 M16 , the Banking Act 1987 M17 , the Friendly Societies Act 1992 M18 or the Investment Services Regulations 1995 M19 ;

(b) proceedings before the Tribunal;

(c) any other civil proceedings to which [F62 one of the regulators] is, or is proposed to be, a party;

(d) proceedings under section 7 or 8 of the Company Directors Disqualification Act 1986 M20 or article 10 or 11 of the Companies (Northern Ireland) Order 1989 M21 in respect of a director or former director of an authorised person, former authorised person or former regulated person; or

(e) proceedings under Parts I to VI or IX to X of the Insolvency Act 1986 M22 , the Bankruptcy (Scotland) Act 1985 M23 or Parts II to VII or IX or X of the Insolvency (Northern Ireland) Order 1989 M24 in respect of an authorised person, former authorised person or former regulated person.

Textual Amendments

F59 Words in reg. 5(2) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(4)(a)

F60 Words in reg. 5(3)(a) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(4)(b)

F61 Words in reg. 5(5) substituted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(4)

F62 Words in reg. 5(6)(c) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(4)(c)

Modifications etc. (not altering text)

C19 Reg. 5(4)(a) applied (with modifications) (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(a), Sch. 5 para. 10(b)

C20 Reg. 5(4)(a) applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 1, Sch. Pt. 3 para. 10(b)

C21 Reg. 5(6)(e) applied (with modifications) (11.2.2010) by The Cross Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 1, Sch. Pt. 3 para. 10(c)

C22 Reg. 5(6)(e) applied (with modifications) (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(a), Sch. 5 para. 10(c)

Marginal Citations

M12 1979 c. 37.

M13 1974 c. 46.

M14 1982 c. 50.

M15 1986 c. 60.

M16 1986 c. 53.

M17 1987 c. 22.

M18 1992 c. 40.

M19 S.I. 1995/3275.

M20 1986 c. 46. Section 7 was amended by the Insolvency Act 2000 (c. 39), Sch. 4, Part I, and s. 6. Section 8 was amended by the Financial Services Act 1986 (c. 60), s. 198; the Criminal Justice (Scotland) Act 1987 (s. 41), s. 55(b); the Criminal Justice Act 1988 (c. 33), s. 145(b); the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), s. 5, Sch. 4, para 62; the Companies Act 1989 (c. 40), s. 79; and the Insolvency Act 2000, s. 6.

M21 S.I. 1989/2402 (N.I. 18).

M22 1986 c. 45.

M23 1985 c. 66.

M24 S.I. 1989/2405 (N.I. 19).

Disclosure in pursuance of [F63 an EU] obligation U.K.

6.  A primary recipient of confidential information, or a person receiving such information directly or indirectly from a primary recipient, is permitted to disclose such information in pursuance of [F63 an EU] obligation.

Textual Amendments

F63 Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6

Restrictions on use of confidential information U.K.

7.  Where confidential information is disclosed under these Regulations to a person other than [F64 the FCA, the PRA,], the Secretary of State, the Treasury or the Bank of England, and the disclosure is made subject to any conditions as to the use to which the information may be put, the person to whom the information has been disclosed may not use the information in breach of any such condition, without the consent of the person who disclosed it to him.

Textual Amendments

F64 Words in reg. 7 substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(5)

PART III U.K. F65 DISCLOSURE OF [F66 SINGLE MARKET INFORMATION] ...

Textual Amendments

F65 Words in Pt. 3 heading omitted (13.2.2004) by virtue of The Collective Investment Schemes (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2066), regs. 1(1), 12(b)

F66 Words in Pt. 3 heading substituted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(5)

[F67 Application of this Part U.K.

8.   This Part applies to—

(a) [F68 single market information]; F69 ...

(b) markets in financial instruments directive information, where that information has been received from—

(i) an overseas regulatory authority under a cooperation agreement referred to in [F70 article 88] of the markets in financial instruments directive; or

(ii) an EEA competent authority under [F71 article 81.1] of the markets in financial instruments directive][F72 ; F73 ...

(c) EMIR information, where that information has been received from the competent authority of an EEA State other than the United Kingdom under the EMIR regulation] [F74 ; F75 ...

(d) recovery and resolution directive information][F76 ; F77 ... [F78 and]

F79 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F80 (f) SFTR information, where that information has been received from the competent authority of an EEA State other than the United Kingdom under the SFT regulation.]

Textual Amendments

F67 Reg. 8 substituted (1.11.2007) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2006 (S.I. 2006/3413), regs. 1(2)(b), 4

F68 Words in reg. 8(a) substituted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(6)

F69 Word in reg. 8(a) omitted (1.4.2013) by virtue of The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 35(3)(a) (with regs. 52-58)

F70 Words in reg. 8(b)(i) substituted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(3)(a)(i) (with reg. 7)

F71 Words in reg. 8(b)(ii) substituted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(3)(a)(ii) (with reg. 7)

F72 Reg. 8(c) and word inserted (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 35(3)(b) (with regs. 52-58)

F73 Word in reg. 8(b) omitted (10.1.2015) by virtue of The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(3)(a)

F74 Reg. 8(d) and word inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(3)(b)

F75 Word in reg. 8(c) omitted (3.7.2016) by virtue of The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 18(3)(a)

F76 Reg. 8(e) and word inserted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 18(3)(b)

F77 Word in reg. 8(d) omitted (13.7.2016) by virtue of The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 2(3)(a)

F78 Word in reg. 8(d) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(3)(b) (with reg. 7)

F79 Reg. 8(e) omitted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(3)(c) (with reg. 7)

F80 Reg. 8(f) inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 2(3)(c)

Modifications etc. (not altering text)

C23 Reg. 8 applied (with modifications) (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(a), Sch. 5 para. 10(d)

C24 Reg. 8 applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 1, Sch. Pt. 3 para. 10(d)

Disclosure by [F81 regulators or regulator workers] to certain other persons U.K.

9.—(1) Subject to paragraphs (2) [F82 (3), (3A) [F83 , (3C)] [F84 , (3E)] [F85 , (3EA)] [F86 , (3F)] [F87 , F88 ...] [F89 (4) and (5)]], [F90 any of the regulators or a regulator worker] is permitted to disclose information to which this Part applies to a person specified in the first column in Schedule 1 for the purpose of enabling or assisting that person to discharge any of the functions listed beside him in the second column in that Schedule.

[F91 (1A) A regulator or a person who is employed by a regulator may disclose confidential information if it is necessary to do so in order to publish the outcome of a stress test conducted in respect of a credit institution or investment firm in accordance with Article 100 of the capital requirements directive or Article 32 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council establishing a European Supervisory Authority (European Banking Authority).]

(2) Paragraph (1) does not permit disclosure to a person specified in the first column in Part 3 of Schedule 1 unless [F92 the conditions in paragraphs (2ZA), (2B) [F93 or (2C)] are met].

[F94 (2ZA) The condition in this paragraph is that the disclosure is provided for by a cooperation agreement of the kind referred to in—

(a) [F95 article 88] of the markets in financial instruments directive;

[F96 (b) article 55 of the capital requirements directive;]

[F97 (c) article 66 of the Solvency 2 Directive;]

F98 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) article 102.3 of the UCITS directive; or

F98 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F99 (2A) The references in paragraph (2) to the provisions mentioned in sub-paragraphs (a), F100 ... (d) and (e) are to those provisions as replaced by Directive 2000/64/EC of the European Parliament and of the Council of 7 November 2000].

[F101 (2B) The conditions in this paragraph are that—

(a) the conditions in articles 25 or 26 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data are met;

(b) the regulator or regulator worker is satisfied that the disclosure is necessary for the purpose of complying with a requirement of the alternative investment fund managers directive; and

(c) in the case of disclosure of information received from an EEA competent authority—

(i) that authority has given its express agreement to the disclosure; and

(ii) if such agreement was given for a particular purpose, the disclosure is solely for that purpose.]

[F102 (2C) The condition in this paragraph is that the conditions in Article 98 of the recovery and resolution directive for the exchange of information with authorities in a third country are met.]

F103 (2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Paragraph (1) does not permit disclosure to a person specified in the first column in Part 4 of Schedule 1—

(a) of information obtained from an EEA competent authority, unless that authority has given its express consent to the disclosure; or

(b) of information obtained in the course of an on-the-spot verification of the kind referred to in—

F104 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F105 (ii) articles 52 and 159 of the capital requirements directive;]

(iii) [F106 article 11 of the life assurance consolidation directive], F107 ...

(iv) article 14 of the first non-life insurance directive [F108 , or

(v) article 16 of the reinsurance directive]

unless the EEA competent authority of the state in which the on-the-spot verification was carried out has given its express consent to the disclosure.

[F109 (3A) Paragraph (1) does not permit disclosure of markets in financial instruments information to a person specified in the first column of Schedule 1 other than a person listed in paragraph (3B) where that information—

(a) was obtained from an EEA competent authority under [F110 article 81.1] of the markets in financial instruments directive (“the directive”) or an overseas regulatory authority under a cooperation agreement referred to in article 63 of the directive, and

(b) that authority indicated at the time of communication that such information must not be disclosed,

unless that authority has given its express consent to the disclosure.

(3B) The persons are—

(a) the Bank of England,

(b) the European Central Bank,

(c) the central bank of any country or territory outside the United Kingdom, F111 ...

(d) a body (other than a central bank) in a country or territory outside the United Kingdom having—

(i) functions as a monetary authority; or

(ii) responsibility for overseeing payment systems],

[F112 (e) ESMA, or

(f) the ESRB].

[F113 (3C) Paragraph (1) does not permit disclosure of UCITS directive information to a person specified in the first column of Schedule 1 other than a person listed in paragraph (3D) where that information—

(a) was obtained from an EEA competent authority under Article 101.2 of the UCITS directive or an overseas regulatory authority under a cooperation agreement referred to in Article 102 of that directive, and

(b) that authority indicated at the time of communication that such information must not be disclosed,

unless that authority has given its express consent to the disclosure.

(3D) The persons are—

(a) the Bank of England;

(b) the central bank of any country or territory outside the United Kingdom;

(c) a recognised investment exchange;

(d) an auditor exercising functions conferred by or under the Act in relation to insurance undertakings, credit institutions, investment firms or other financial institutions;

(e) an EEA regulatory authority exercising functions in relation to the supervision of credit institutions, investment firms, insurance undertakings or other financial institutions.]

[F114 (3E) Paragraph (1) does not permit disclosure of EMIR information to a person specified in the first column of Schedule 1 in contravention of Article 83 of the EMIR regulation.]

[F115 (3EA) Paragraph (1) does not permit disclosure of SFTR information to a person specified in the first column of Schedule 1 in contravention of Article 18 of the SFT regulation.]

[F116 (3F) Paragraph (1) does not permit disclosure of mortgages directive information to a person specified in the first column of Schedule 1 in contravention of Articles 5(2) or 36 of the mortgages directive.]

F117 (3G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F118 (4) Paragraph (1) does not permit disclosure—

(a) in breach of any restriction on the disclosure of confidential information in Section 2 of Chapter 1 of Title 7 of the capital requirements directive; or

(b) to persons specified in the first column in Part 5 of Schedule 1 (except to the extent that they are referred to in other parts of the Schedule) other than where—

(i) it is obtained by the FCA or PRA in the course of discharging its functions under the capital requirements directive or the capital requirements regulation;

(ii) there is an emergency situation, as referred to in Article 114 of the capital requirements directive; and

(iii) such information is relevant for the performance of such persons' functions.]

[F119 (5) Paragraph (1) does not permit the disclosure of recovery and resolution directive information to any person unless the assessment required in regulation 10B has been carried out.]

Textual Amendments

F81 Words in reg. 9 heading substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(6)(a)

F82 Words in reg. 9(1) substituted (31.12.2010) by The Capital Requirements (Amendment) Regulations 2010 (S.I. 2010/2628), reg. 1, Sch. 2 para. 3(3)(a)

F83 Word in reg. 9(1) inserted (1.7.2011) by The Undertakings for Collective Investment in Transferable Securities Regulations 2011 (S.I. 2011/1613), regs. 1, 5(3)(a)

F84 Word in reg. 9(1) inserted (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 35(4)(a) (with regs. 52-58)

F85 Word in reg. 9(1) inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 2(4)(a)

F86 Word in reg. 9(1) inserted (20.4.2015 for specified purposes, 21.12.2015 for specified purposes, 21.3.2016 in so far as not already in force) by The Mortgage Credit Directive Order 2015 (S.I. 2015/910), art. 1(5), Sch. 1 para. 8(3)(a) (with Pt. 4)

F87 Word in reg. 9(1) inserted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 18(4)(a)

F88 Word in reg. 9(1) omitted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(4)(a) (with reg. 7)

F89 Words in reg. 9(1) substituted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(4)(a)

F90 Words in reg. 9(1) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(6)(b)

F91 Reg. 9(1A) inserted (1.1.2014) by The Capital Requirements Regulations 2013 (S.I. 2013/3115), reg. 1(2), Sch. 2 para. 55(3)(a)

F92 Words in reg. 9(2) substituted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(4)(b)

F93 Words in reg. 9(2) substituted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(4)(b) (with reg. 7)

F94 Reg. 9(2ZA) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 12(3)(b)

F95 Words in reg. 9(2ZA) substituted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(4)(c) (with reg. 7)

F96 Reg. 9(2ZA)(b) substituted (1.1.2014) by The Capital Requirements Regulations 2013 (S.I. 2013/3115), reg. 1(2), Sch. 2 para. 55(3)(b)

F97 Reg. 9(2ZA)(c) substituted (1.1.2016) by virtue of The Solvency 2 Regulations 2015 (S.I. 2015/575), reg. 1(2), Sch. 2 para. 12(3)(a)

F98 Reg. 9(2ZA)(d)(f) omitted (1.1.2016) by virtue of The Solvency 2 Regulations 2015 (S.I. 2015/575), reg. 1(2), Sch. 2 para. 12(3)(b)

F99 Reg. 9(2A) inserted (3.4.2003) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2003 (S.I. 2003/693), regs. 1, 3(b)

F100 Word in reg. 9(2A) omitted (11.1.2005) by virtue of The Life Assurance Consolidation Directive (Consequential Amendments) Regulations 2004 (S.I. 2004/3379), regs. 1, 19(3)(b)

F101 Reg. 9(2B) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 12(3)(c)

F102 Reg. 9(2C) inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(4)(c)

F103 Reg. 9(2D) omitted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(4)(d) (with reg. 7)

F104 Reg. 9(3)(b)(i) omitted (1.11.2007) by virtue of The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2006 (S.I. 2006/3413), regs. 1(2)(b), 5(c)

F105 Reg. 9(3)(b)(ii) substituted (1.1.2014) by The Capital Requirements Regulations 2013 (S.I. 2013/3115), reg. 1(2), Sch. 2 para. 55(3)(c)

F106 Words in reg. 9(3)(b)(iii) substituted (11.1.2005) by The Life Assurance Consolidation Directive (Consequential Amendments) Regulations 2004 (S.I. 2004/3379), regs. 1, 19(3)(c)

F107 Word in reg. 9(3)(b)(iii) omitted (10.12.2007) by virtue of The Financial Services and Markets Act 2000 (Reinsurance Directive) Regulations 2007 (S.I. 2007/3255), regs. 1, 3(4)(a)

F108 Reg. 9(3)(b)(v) and word inserted (10.12.2007) by The Financial Services and Markets Act 2000 (Reinsurance Directive) Regulations 2007 (S.I. 2007/3255), regs. 1, 3(4)(b)

F109 Reg. 9(3A)(3B) inserted (1.11.2007) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2006 (S.I. 2006/3413), regs. 1(2)(b), 5(d)

F110 Words in reg. 9(3A)(a) substituted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(4)(e) (with reg. 7)

F111 Word in reg. 9(3B)(c) omitted (16.4.2012) by virtue of The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(7)(a)

F112 Reg. 9(3B)(e)(f) inserted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(7)(b)

F113 Reg. 9(3C)(3D) inserted (1.7.2011) by The Undertakings for Collective Investment in Transferable Securities Regulations 2011 (S.I. 2011/1613), regs. 1, 5(3)(c)

F114 Reg. 9(3E) inserted (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 35(4)(b) (with regs. 52-58)

F115 Reg. 9(3EA) inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 2(4)(b)

F116 Reg. 9(3F) inserted (20.4.2015 for specified purposes, 21.12.2015 for specified purposes, 21.3.2016 in so far as not already in force) by The Mortgage Credit Directive Order 2015 (S.I. 2015/910), art. 1(5), Sch. 1 para. 8(3)(b) (with Pt. 4)

F117 Reg. 9(3G) omitted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(4)(f) (with reg. 7)

F118 Reg. 9(4) substituted (1.1.2014) by The Capital Requirements Regulations 2013 (S.I. 2013/3115), reg. 1(2), Sch. 2 para. 55(3)(d)

F119 Reg. 9(5) inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(4)(d)

Modifications etc. (not altering text)

C25 Reg. 9 applied (with modifications) (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(a), Sch. 5 para. 10(e) (as amended (9.12.2015) by The Payment Card Interchange Fee Regulations 2015 (S.I. 2015/1911), regs. 1, 17(3))

C26 Reg. 9 applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 1, Sch. Pt. 3 para. 10(e)

Disclosure by Schedule 1 person U.K.

10.  A person specified in the first column in Schedule 1 is permitted to disclose information to which this Part applies for the purpose of enabling or assisting him to discharge any of the functions listed beside him in that Schedule.

[F120 Disclosure of recovery and resolution directive information U.K.

10A.— (1) The Bank of England may disclose recovery and resolution directive information to any person for the purpose of enabling the Bank to prepare for and carry out the functions given to it under—

(a) Parts 1, 2 and 3 of the Banking Act 2009, or

(b) the Investment Bank Special Administration Regulations 2011,

provided that any such disclosure is made subject to the conditions in paragraph (2), and following the assessment required in regulation 10B.

(2) A disclosure made by the Bank of England under paragraph (1) must be made subject to—

(a) a requirement that the information disclosed is kept confidential and not disclosed to any other person without the consent of the Bank; and

(b) restrictions imposed by the Bank as to the way in which the information may be used.

(3) A resolution administrator appointed under section 62B of the Banking Act 2009 may disclose recovery and resolution directive information to a regulator.]

Textual Amendments

F120 Regs. 10A, 10B inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(5)

[F120 Assessment of effects of disclosure U.K.

10B.— (1) Before any disclosure is made of recovery and resolution directive information the person disclosing that information must—

(a) assess the possible effects of disclosing the information in question on—

(i) the public interest in relation to financial, monetary or economic policy;

(ii) the commercial interests of natural and legal persons;

(iii) the purpose of any investigation, inspection or audit to which the information is relevant; and

(b) where the information in question relates to the recovery plan or resolution plan of any undertaking, assess the effects of the disclosure of any part of that recovery plan or resolution plan.

(2) In this regulation—

“recovery plan” means a recovery plan drawn up and maintained in accordance with Article 5 of the recovery and resolution directive or a group recovery plan drawn up and maintained in accordance with Article 7 of that directive; and

“resolution plan” means a resolution plan drawn up in accordance with Article 10 of the recovery and resolution directive or a group recovery plan drawn up in accordance with Articles 12 and 13 of that directive.]

Textual Amendments

F120 Regs. 10A, 10B inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(5)

PART IV U.K. DISCLOSURE OF CONFIDENTIAL INFORMATION NOT SUBJECT TO [F121 SINGLE MARKET RESTRICTIONS]

Textual Amendments

F121 Words in Pt. 4 heading substituted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(8)

Application of this Part U.K.

11.  This Part applies to confidential information other than—

(a) [F122 single market information];

F123 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F124 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F125 (d) markets in financial instruments directive information, where that information has been received from—

(i) an overseas regulatory authority under a cooperation agreement referred to in [F126 article 88] of the markets in financial instruments directive; or

(ii) an EEA competent [F127 authority] under [F128 article 81.1] of the markets in financial instruments directive,

unless that authority has given its express consent for disclosure that is covered by this Part];

[F129 (e) UCITS directive information, where that information has been received from—

(i) an overseas regulatory authority under a cooperation agreement referred to in Article 102 of the UCITS directive; or

(ii) an EEA competent authority under Article 101.2 of the UCITS directive,

unless that authority has given its express consent for disclosure that is covered by this Part];

[F130 (f) EMIR information, where that information has been received from the competent authority of an EEA State other than the United Kingdom under the EMIR regulation, unless that authority has given its express consent for disclosure that is covered by this Part];

[F131 (fa) SFTR information where that information has been received from the competent authority of an EEA State other than the United Kingdom under the SFT regulation, unless that authority has given its express consent for disclosure that is covered by this Part;]

[F132 (g) recovery and resolution directive information];

F133 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F122 Words in reg. 11(a) substituted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(9)

F123 Reg. 11(b) omitted (13.2.2004) by virtue of The Collective Investment Schemes (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2066), regs. 1(1), 12(d)

F124 Reg. 11(c) omitted (1.11.2007) by virtue of The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2006 (S.I. 2006/3413), regs. 1(2)(b), 6(a)

F125 Reg. 11(d) inserted (1.11.2007) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2006 (S.I. 2006/3413), regs. 1(2)(b), 6(b)

F126 Words in reg. 11(d)(i) substituted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(5)(a)(i) (with reg. 7)

F127 Word in reg. 11(d)(ii) inserted (1.7.2011) by The Undertakings for Collective Investment in Transferable Securities Regulations 2011 (S.I. 2011/1613), regs. 1, 5(4)(a)

F128 Words in reg. 11(d)(ii) substituted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(5)(a)(ii) (with reg. 7)

F129 Reg. 11(e) inserted (1.7.2011) by The Undertakings for Collective Investment in Transferable Securities Regulations 2011 (S.I. 2011/1613), regs. 1, 5(4)(b)

F130 Reg. 11(f) inserted (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 35(5) (with regs. 52-58)

F131 Reg. 11(fa) inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 2(5)

F132 Reg. 11(g) inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(6)

F133 Reg. 11(h) omitted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(5)(b) (with reg. 7)

Modifications etc. (not altering text)

C27 Reg. 11 applied (with modifications) (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(a), Sch. 5 para. 10(f)

C28 Reg. 11 applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 1, Sch. Pt. 3 para. 10(f)

Disclosure by and to a Schedule 1 or 2 person or disciplinary proceedings authority U.K.

12.—(1) A primary recipient of information to which this Part applies, or a person obtaining such information directly or indirectly from a primary recipient, is permitted to disclose such information to—

(a) a person specified in the first column in Schedule 1 or 2 for the purpose of enabling or assisting that person to discharge any function listed beside him in the second column in Schedule 1 or 2; or

(b) a disciplinary proceedings authority for the purposes of any prescribed disciplinary proceedings which have been or may be initiated, or for the purpose of initiating or bringing to an end any such proceedings, or of facilitating a determination of whether they should be initiated or brought to an end.

(2) A person specified in the first column in Schedule 1 or 2 is permitted to disclose information to which this Part applies to any person for the purpose of enabling or assisting the person making the disclosure to discharge any function listed beside him in the second column in Schedule 1 or 2.

(3) A disciplinary proceedings authority is permitted to disclose information to which this Part applies to any person for any of the purposes mentioned in paragraph (1)(b).

[F134 (4) This regulation does not permit disclosure of short selling regulation information to a person specified in the first column in Part 3 of Schedule 1 unless the disclosure is in accordance with article 40 of the short selling regulation or a cooperation arrangement of the kind referred to in article 38 of the short selling regulation.]

[F135 (5) This regulation does not permit the disclosure of information if—

(a) the information is confidential information received by the FCA in the course of discharging its functions as a competent authority under the market abuse regulation or any directly applicable EU regulation made under the market abuse regulation; and

(b) the disclosure of the information contravenes the market abuse regulation.]

Textual Amendments

F134 Reg. 12(4) inserted (1.11.2012) by The Financial Services and Markets Act 2000 (Short Selling) Regulations 2012 (S.I. 2012/2554), regs. 1(1), 3(3)

F135 Reg. 12(5) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 4(6) (with reg. 7)

[F136 12A.   The [F137 Gambling] Commission may disclose information to which this Part applies to [F138 the Comptroller and Auditor General] for the purpose of enabling or assisting the Comptroller and Auditor General to carry out an examination under Part II of the National Audit Act 1983 in relation to the Commission.]

Textual Amendments

F136 Reg. 12A inserted (1.12.2001) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) (No. 2) Regulations 2001 (S.I. 2001/3624), regs. 1, 2(4)

F137 Word in reg. 12A substituted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 34(a) (with art. 8, Sch. para. 43)

F138 Words in reg. 12A substituted (1.4.2012) by The Budget Responsibility and National Audit Act 2011 (Consequential Amendments) Order 2012 (S.I. 2012/725), arts. 1(2), 2(6)

[F139 Electronic commerce U.K.

12B.   [F140 The FCA or the PRA] may disclose information to which this Part applies for the purpose of publishing that information in accordance with regulation 10(8) of the Electronic Commerce Directive (Financial Services and Markets) Regulations 2002.]

Textual Amendments

F139 Reg. 12B inserted (21.8.2002) by The Electronic Commerce Directive (Financial Services and Markets) Regulations 2002 (S.I. 2002/1775), regs. 1(b), 16

F140 Words in reg. 12B substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(7)

[F141 12C.   A primary recipient of information to which this Part applies, or a person obtaining such information directly or indirectly from a primary recipient is permitted to disclose such information to any person for the purposes of any proceedings under the Proceeds of Crime Act 2002 which have been or may be initiated.]

Textual Amendments

F141 Reg. 12C inserted (23.8.2003) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) (No. 2) Regulations 2003 (S.I. 2003/2174), regs. 1, 4(c)

PART V U.K. TRANSITIONAL PROVISIONS

Interpretation U.K.

13.  In this Part—

• [F142 “the Authority” means the Financial Services Authority;]

• “pre-commencement information" means information which is subject to restrictions (with or without qualifications or exceptions) on disclosure by virtue of a pre-commencement provision;

• “pre-commencement provision" means—

  (a)

  any provision in—

  (i)

  Schedule 2B to the Insurance Companies Act 1982 M25 ;

  (ii)

  Part VIII of the Financial Services Act 1986 M26 ;

  (iii)

  Part V of the Banking Act 1987 M27 ; or

  (iv)

  SRO rules;

  which imposes restrictions on the disclosure of information, or creates exceptions or qualifications to such restrictions; or

  (b)

  regulation 48 of the Investment Services Regulations 1995 M28 ;

• “recognised self-regulating organisation" means a body which immediately before the coming into force of section 348 of the Act was a recognised self-regulating organisation within the meaning of section 8(1) of the Financial Services Act 1986, or a recognised self-regulating organisation for friendly societies within the meaning of Schedule 11 to that Act;

• “SRO rules" means the rules of a recognised self-regulating organisation;

• “transitional information" means information which immediately before the coming into force of section 19 of the Act was subject to restrictions on disclosure by virtue of a pre-commencement provision.

Textual Amendments

F142 Words in reg. 13 inserted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(8)

Marginal Citations

M25 1982 c. 50.

M26 1986 c. 60.

M27 1987 c. 22.

M28 S.I. 1995/3275. Regulation 48 was amended by Regulation 11 of S.I. 1996/1669.

Disclosure of pre-commencement information U.K.

14.—(1) Before the coming into force of section 19 of the Act, each pre-commencement provision is to be treated as permitting the disclosure of pre-commencement information—

(a) in accordance with regulation 3(1) as if it were confidential information;

(b) to the Authority, the Secretary of State or the Treasury for the purpose referred to in regulation 3(2);

(c) to any person for the purposes referred to in regulation 4; and

(d) to—

(i) a person mentioned in regulation 5(3) for the purpose referred to in regulation 5(1)(a); or

(ii) any person for the purposes referred to in regulation 5(1)(b),

but only if the proceedings in question are of the kind referred to in regulation 5(6)(a), (b) or (c).

(2) Paragraph (1) is not to be taken as—

(a) precluding disclosure of pre-commencement information where that is otherwise permitted under the pre-commencement provision in question; or

(b) permitting disclosure in contravention of any of the [F143 single market restrictions].

Textual Amendments

F143 Words in reg. 14(2)(b) substituted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(10)

Disclosure of transitional information U.K.

15.—(1) After the coming into force of section 19 of the Act, sections 348, 349 and 352 of the Act apply in relation to transitional information in the same way as they apply in relation to confidential information within the meaning of section 348(2) of the Act.

(2) Paragraph (1) does not apply to transitional information which—

(a) has been made available to the public by virtue of being disclosed in any circumstances in which, or for any purposes for which, disclosure is not precluded by section 348 of the Act or a pre-commencement provision; or

(b) satisfies the criterion set out in section 348(4)(b) of the Act.

(3) For the purposes of sections 348 and 349 of the Act as they apply by virtue of paragraph (1)—

(a) a person who holds transitional information is to be treated as a primary recipient of the information if he—

(i) obtained it as mentioned in paragraph 1(2) or 5(1)(a) of Schedule 2B to the Insurance Companies Act 1982 M29 ;

(ii) was a primary recipient of the information for the purposes of section 179 of the Financial Services Act 1986 M30 ;

[F144 (iia) obtained or received it as mentioned in subsection (5) of that section;]

(iii) received it as mentioned in section 82(1)(a) of the Banking Act 1987 M31 ; or

(iv) received it as mentioned in regulation 48(1) of the Investment Services Regulations 1995 M32 ;

(b) any other person who holds transitional information is to be treated as having obtained the information directly or indirectly from a primary recipient.

(4) Transitional information which is subject to [F145 single market restrictions] F146 ... is to be treated for the purposes of these Regulations as [F147 single market information] F146 ....

(5) Part IV of these Regulations does not apply to transitional information which is subject to [F148 single market restrictions] imposed by [F149 article 107.3] of the listing particulars directive.

Textual Amendments

F144 Reg. 15(3)(a)(iia) inserted (1.12.2001) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) (No. 2) Regulations 2001 (S.I. 2001/3624), regs. 1, 2(5)(a)

F145 Words in reg. 15(4) substituted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(11)(a)(i)

F146 Words in reg. 15(4) omitted (13.2.2004) by virtue of The Collective Investment Schemes (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/2066), regs. 1(1), 12(e)

F147 Words in reg. 15(4) substituted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(11)(a)(ii)

F148 Words in reg. 15(5) substituted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(11)(b)

F149 Words in reg. 15(5) substituted (1.12.2001) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) (No. 2) Regulations 2001 (S.I. 2001/3624), regs. 1, 2(5)(b)

Marginal Citations

M29 Paragraphs 1(2) and 5(1)(a) were modified by S.I. 1997/2781, art. 8, Sch. paras. 53 and 57(a)(i).

M30 Section 179 was amended by the Companies Act 1989 (c. 40), Sch. 24; the Friendly Societies Act 1992 (c. 40), Sch. 18, para. 4; the Bank of England Act 1998 (c. 11), Sch. 5, para. 65(1) and Sch. 9; and S.I. 1992/1315 art. 10(1), Sch. 4, para. 4; and modified by S.I. 1992/3218, Sch. 9, para. 40; S.I. 1995/3275, reg. 48; and S.I. 1996/1669, reg. 12.

M31 Section 82 was modified by S.I. 1992/3218, Sch. 8, para 22.

M32 S.I. 1995/3275. Regulation 48 was amended by Regulation 11 of S.I. 1996/1669.

Disclosure by recognised self-regulating organisations U.K.

16.  If a recognised self-regulating organisation discloses any information to the Authority for the purpose of enabling or assisting the Authority to discharge functions corresponding to functions of the organisation, the disclosure is not to be taken as a contravention of any duty to which the organisation is subject.

[F150 Investment services directive information: transitional provision U.K.

17.   In these Regulations confidential information received by the Authority in the course of discharging its functions as an EEA competent authority under Council Directive 93/22/EEC of 10th May 1993 on investment services in the securities field shall be deemed to have been received by the Authority in the course of discharging its functions as an EEA competent authority under the markets in financial instruments directive.]

Textual Amendments

F150 Reg. 17 inserted (1.11.2007) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2006 (S.I. 2006/3413), regs. 1(2)(b), 7

Gordon Brown

David Jamieson

Two of the Lords Commissioners of Her Majesty’s Treasury

15th June 2001

Regulations 9, 10 and 12

SCHEDULE 1 U.K. DISCLOSURE OF CONFIDENTIAL INFORMATION WHETHER OR NOT SUBJECT TO [F151 SINGLE MARKET RESTRICTIONS]

Textual Amendments

F151 Words in Sch. 1 heading substituted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(12)

Modifications etc. (not altering text)

C29 Sch. 1 applied (with modifications) (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(a), Sch. 5 para. 10(h) (as amended (9.12.2015) by The Payment Card Interchange Fee Regulations 2015 (S.I. 2015/1911), regs. 1, 17(3) and (26.6.2017) by The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692), reg. 1(2), Sch. 7 para. 24(10) (with regs. 8, 15))

C30 Sch. 1 applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 1, Sch. Pt. 3 para. 10(h)

PART 1 U.K.

Modifications etc. (not altering text)

C31 Sch. 1 Pt. 1 modified (19.7.2001 for specified purposes, 1.12.2001 in so far as not already in force) by The Financial Services and Markets Act 2000 (Transitional Provisions) (Ombudsman Scheme and Complaints Scheme) Order 2001 (S.I. 2001/2326), arts. 1(1), 18(2)(d)

C32 Sch. 1 Pt. 1 applied (with modifications) (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(a), Sch. 5 para. 10(g)

C33 Sch. 1 Pt. 1 applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 1, Sch. Pt. 3 para. 10(g)

Person	Functions
The Bank of England, the European Central Bank or the central bank of any country or territory outside the United Kingdom	(a)Its functions as a monetary authority (b)Its functions in relation to overseeing payment systems [F152 , clearing and settlement systems and central securities depositories within the meaning of the CSD regulation]
[F153 The Bank of England	Its functions under Parts 1, 2 and 3 of the Banking Act 2009 and under the Investment Bank Special Administration Regulations 2011]
[F154 The FCA	The functions conferred on it by or under the Act]
[F155 The PRA	The functions conferred on it by or under the Act]
A body (other than a central bank) in a country or territory outside the United Kingdom having (a) functions as a monetary authority or (b) responsibility for overseeing payments systems	Its functions as such
A recognised investment exchange (other than an overseas investment exchange)	Its functions as such
The body known as the Panel on Takeovers and Mergers	All of its functions
The Society of Lloyd’s	Its regulatory functions
F156 . . .	F156 . . .
[F157 [F158 The Competition and Markets Authority]	(a)Its functions under the Act (b)Its functions under any other enactment in so far as they relate to the supervision of: (i)former authorised persons or persons who have carried on former regulated activities; or (ii)persons carrying on, or who have carried on, regulated activities [F159 ; or (iii) financial organisations within the meaning of [F160 article 56(a) of the capital requirements directive]
An official receiver appointed under section 399 of the Insolvency Act 1986 M33 , or an official receiver for Northern Ireland appointed under article 355 of the Insolvency (Northern Ireland) Order 1989 M34	His functions under enactments relating to insolvency, in so far as they relate to: (i)former authorised persons or persons who have carried on former regulated activities; or (ii)persons carrying on, or who have carried on, regulated activities; [F161 or (iii) banking group companies (as defined in section 81D of the Banking Act 2009)]
[F162 A person appointed in judicial or administrative proceedings in an EEA State or a State which is not an EEA State, pursuant to a law relating to insolvency, to administer the reorganisation or the liquidation of a debtor's assets or affairs	That person's functions as such]
The scheme manager	Its functions under Part XV of the Act
A body responsible, in an EEA State other than the United Kingdom, for administering a deposit-guarantee scheme recognised in accordance with directive 94/19/EC M35 , or an investor-compensation scheme recognised in accordance with Directive 97/9/EC M36	Its functions as such
A designated professional body within the meaning of Part XX of the Act	Its functions as such
A body which was, immediately before the coming into force of section 19 of the Act, a recognised professional body within the meaning of the Financial Services Act 1986 M37	Its functions as such under that Act or under the Act
A person appointed to make a report under section 166 [F163 or 166A] of the Act	His functions as such
A person appointed to conduct an investigation under section 167 or section 168(3) or (5) of the Act	His functions as such
An auditor exercising functions conferred by or under the Act	Those functions
An auditor of an authorised person [F164 or banking group company (as defined in section 81D of the Banking Act 2009)] appointed under or as a result of an enactment (other than the Act)	His functions as such
[F165 A person appointed to carry out a statutory audit of a company within the meaning of Article 2.1 of Directive 2006/43/EC of the European Parliament and of the Council of 17th May 2006 on statutory audits and consolidated accounts	That person's functions as such]
An actuary exercising functions conferred by or under the Act	Those functions
A person appointed as an inspector under section 49 of the Industrial and Provident Societies Act 1965 M38	His functions as such
A person appointed as an inspector under section 18 of the Credit Unions Act 1979 M39	His functions as such
A person appointed to make a report under section 52(5)(d) of the Building Societies Act 1986 M40	His functions as such
A person appointed as an investigator under section 55 of the Building Societies Act 1986 or as an inspector under section 56 of that Act M41	His functions as such
A person appointed to make a report under section 62(3)(d) of the Friendly Societies Act 1992 M42	His functions as such
A person appointed as an investigator under section 65 of the Friendly Societies Act 1992 M43 or as an inspector under 66 of that Act	His functions as such
A recognised supervisory body within the meaning of [F166 Part 42, Chapter 2 of the Companies Act 2006]	(a)Its functions as such a body under that Part (b)Its functions in relation to disciplinary proceedings against auditors
A qualifying body as defined by [F167 section 1220 of the Companies Act 2006]	Its functions as such
The Institute of Actuaries or the Faculty of Actuaries	[F168 Their supervisory functions in relation to the exercise by an actuary of his professional duties, including the conduct of disciplinary proceedings and determining whether to institute or terminate such proceedings]
A recognised professional body within the meaning of section 391 of the Insolvency Act 1986 or article 350 of the Insolvency (Northern Ireland) Order 1989	(a)Its functions as such a body under that Act or that Order (b)Its functions in relation to disciplinary proceedings against insolvency practitioners
The Department of Enterprise, Trade and Investment in Northern Ireland	(a)Its functions under Part V of the Companies (No. 2) (Northern Ireland) Order 1990 (financial markets and insolvency) M44 (b)Its functions under Part XII of the Insolvency (Northern Ireland) Order 1989 (c)Its functions under any other enactment in so far as they relate to the supervison of: (i)former authorised persons or persons who have carried on former regulated activities; or (ii)persons carrying on, or who have carried on, regulated activities
[F169 The Pensions Regulator]	[F170 Its functions as such] in so far as they relate to the supervision of: (i)former authorised persons or persons who have carried on former regulated activities; or (ii)persons carrying on, or who have carried on, regulated activities
The Charity Commissioners for England and Wales	Their functions under any enactment in so far as they relate to the supervision of: (i)former authorised persons or persons who have carried on former regulated activities; or (ii)persons carrying on, or who have carried on, regulated activities
[F171 The investigator appointed under section 84 of the Financial Services Act 2012]	His functions as such
[F172 A person appointed by the Treasury to hold an inquiry into matters relating to financial services (including an inquiry under [F173 section 68 of the Financial Services Act 2012]), or an officer or member of staff of such an inquiry	His functions in carrying out the inquiry and reporting to the Treasury]
[F174 An investment exchange which has its head office in an EEA State other than the United Kingdom, and which is recognised as an investment exchange under the law of that state	Its functions as a supervisor of financial markets]
[F175 A person upon whom functions are conferred by or under Part 2, 3 or 4 of the Proceeds of Crime Act 2002	Those functions]
[F176 A person authorised by the Secretary of State for the purposes of [F177 section 456 of the Companies Act 2006]	His functions as such]
[F178 Any body carrying on activities concerned with any of the matters set out in section 16(2) of the Companies (Audit, Investigations and Community Enterprise) Act 2004	Its functions as such]
[F178 Any body carrying on activities concerned with any of the matters set out in section 14 of the Companies (Audit, Investigations and Community Enterprise) Act 2004	Its functions as such]
[F178 The Financial Reporting Council and its operating bodies	Their supervisory functions in relation to the exercise by an actuary of his professional duties, the conduct of disciplinary proceedings and determining whether to institute or terminate such proceedings]
[F179 ACER	Its functions under Regulation (EU) No. 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency]
[F179 ESAs	Their functions under Regulation (EU) No. 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), Regulation (EU) No. 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority) and Regulation (EU) No. 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority)]
[F179 ESRB	Its functions under Regulation (EU) No. 1092/2010 of the European Parliament and the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board]]]
[F180 The Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013	All of its functions]
[F181 The Comptroller and Auditor General	(a) That person’s function under section 6 of the National Audit Act 1983 of carrying out examinations into the economy, efficiency and effectiveness with which the FCA has used its resources in discharging its functions (b) That person’s function of carrying out examinations under section 7D of the Bank of England Act 1998]
[F181 The National Audit Office	Functions for which it is responsible by virtue of section 22 of, and Schedule 3 to, the Budget Responsibility and National Audit Act 2011 in relation to— (i) examinations under section 6 of the National Audit Act 1983 in respect of the FCA; or (ii) examinations under section 7D of the Bank of England Act 1998]

Textual Amendments

F152 Words in Sch. 1 Pt. 1 substituted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 7

F153 Words in Sch. 1 Pt. 1 inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(7)(a)(i)

F154 Words in Sch. 1 Pt. 1 inserted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(9)(a)(ii)

F155 Words in Sch. 1 Pt. 1 inserted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(9)(a)(iii)

F156 Words in Sch. 1 Pt. 1 omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 30(2)(b) (with art. 3)

F157 Words in Sch. 1 Pt. 1 inserted (20.1.2007) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2006 (S.I. 2006/3413), regs. 1(2)(a), 8(1)(a)

F158 Words in Sch. 1 Pt. 1 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 30(2)(a) (with art. 3)

F159 Words in Sch. 1 Pt. 1 inserted (20.1.2007) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2006 (S.I. 2006/3413), regs. 1(2)(a), 8(1)(b)

F160 Words in Sch. 1 Pt. 1 substituted (1.1.2014) by The Capital Requirements Regulations 2013 (S.I. 2013/3115), reg. 1(2), Sch. 2 para. 55(4)(b)

F161 Words in Sch. 1 Pt. 1 inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(7)(a)(ii)

F162 Words in Sch. 1 Pt. 1 inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(7)(a)(iii)

F163 Words in Sch. 1 Pt. 1 inserted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(9)(a)(iv)

F164 Words in Sch. 1 Pt. 1 inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(7)(a)(iv)

F165 Words in Sch. 1 Pt. 1 inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(7)(a)(v)

F166 Words in Sch. 1 Pt. 1 substituted (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), arts. 1(2), 16(2)(a)

F167 Words in Sch. 1 Pt. 1 substituted (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), arts. 1(2), 16(2)(b)

F168 Words in Sch. 1 Pt. 1 substituted (26.11.2003) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/2817), regs. 1, 2(a)

F169 Words in Sch. 1 Pt. 1 substituted (25.11.2005) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2005 (S.I. 2005/3071), regs. 1, 2(2)(a)

F170 Words in Sch. 1 Pt. 1 substituted (25.11.2005) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2005 (S.I. 2005/3071), regs. 1, 2(2)(b)

F171 Words in Sch. 1 Pt. 1 substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(9)(a)(v)

F172 Words in Sch. 1 Pt. 1 inserted (8.11.2001) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2001 (S.I. 2001/3437), regs. 1, 2

F173 Words in Sch. 1 Pt. 1 substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(9)(a)(vi)

F174 Words in Sch. 1 Pt. 1 inserted (1.12.2001) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) (No. 2) Regulations 2001 (S.I. 2001/3624), regs. 1, 2(6)

F175 Words in Sch. 1 Pt. 1 added (23.8.2003) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) (No. 2) Regulations 2003 (S.I. 2003/2174), regs. 1, 4(b)

F176 Words in Sch. 1 Pt. 1 added (26.11.2003) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/2817), regs. 1, 2(b)

F177 Words in Sch. 1 Pt. 1 substituted (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), arts. 1(2), 16(2)(c)

F178 Words in Sch. 1 Pt. 1 added (20.1.2007) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2006 (S.I. 2006/3413), regs. 1(2)(a), 8(2)

F179 Words in Sch. 1 Pt. 1 inserted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(13)

F180 Words in Sch. 1 Pt. 1 added (28.4.2014) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2014 (S.I. 2014/883), regs. 1, 2(2)

F181 Words in Sch. 1 Pt. 1 inserted (12.4.2017) by The Financial Services and Markets Act 2000 and the Financial Services (Banking Reform) Act 2013 (Disclosure of Confidential Information) (Amendment) Regulations 2017 (S.I. 2017/456), regs. 1, 2(2)

Marginal Citations

M33 1986 c. 45.

M34 S.I. 1989/2405 (N.I. 19).

M35 OJ No. L135, 31.5.1994, p. 5.

M36 OJ No. L084, 26.3.1997, p. 22.

M37 1986 c. 60.

M38 1965 c. 12.

M39 1979 c. 34.

M40 1986 c. 53. Section 52 was amended by the Building Societies Act 1997 (c. 32), Sch. 7, para. 17.

M41 Sections 55 and 56 were amended by the Building Societies Act 1997, Sch. 7, paras 21 and 22 (respectively).

M42 Section 62 was amended by S.I. 1994/1984, reg. 17.

M43 Section 65 was amended by S.I. 1994/1984, reg. 19.

M44 S.I. 1990/1504 (N.I. 10).

PART 2 U.K.

Person	Functions
An EEA regulatory authority	(a)Its functions as an EEA competent authority (b)Its functions corresponding to any of the functions specified in the second column of Part 1 of this Schedule
[F182 An EEA resolution authority	Its functions under the recovery and resolution directive]
[F183 An authority responsible for maintaining the stability of the financial system in an EEA State through macro-prudential regulation	Its functions as such]

Textual Amendments

F182 Words in Sch. 1 Pt. 2 inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(7)(b)(i)

F183 Words in Sch. 1 Pt. 2 inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(7)(b)(ii)

PART 3 U.K.

Person	Functions
A dependent territory regulatory authority	Its functions as such
A non-EEA regulatory authority	Its functions as such
[F184 A foreign resolution authority	Its functions as such]

Textual Amendments

F184 Words in Sch. 1 Pt. 3 inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(7)(c)

PART 4 U.K.

Person	Functions
An inspector appointed under Part XIV of the Companies Act 1985	His functions as such
A person authorised to exercise powers under section 447 of the Companies Act 1985 M45	His functions as such
A person authorised under section 84 of the Companies Act 1989 to exercise on behalf of the Secretary of State powers conferred by section 83 of that Act M46	His functions as such
The Department of Enterprise, Trade and Investment in Northern Ireland	(a)Its functions under Part XV of the Companies (Northern Ireland) Order 1986 M47 (investigation of companies and their affairs; requisition of documents) (b)Its functions under Part III of the Companies (Northern Ireland) Order 1990 (eligibility for appointment as company auditor) (c)Its functions under the Companies (Northern Ireland) Order 1989 M48 (disqualification of company directors)
F185 . . .	F185 . . .
F186 . . .	F186 . . .
A recognised clearing house (other than an overseas clearing house [F187 , an EEA central counterparty (within the meaning of section 285(1)(c) of the Act) or a third country central counterparty (within the meaning of section 285(1)(d) of the Act)])	Its functions as a clearing house in so far as they are exercisable in relation to defaults or potential defaults by market participants
A person included on the list maintained by [F188 the Bank of England] for the purposes of section 301 of the Act	His functions under settlement arrangements to which regulations made under that section relate
A person approved under the Uncertificated Securities Regulations 1995 M49 as an operator of a relevant system (within the meaning of those Regulations)	His functions as such in so far as they are exercisable in relation to defaults or potential defaults by market participants
[F189 A clearing house or other similar body which has its head office in an EEA State other than the United Kingdom, and which is recognised under the law of that state as a provider of clearing or settlement services	Its functions in relation to defaults or potential defaults by market participants]
[F190 An EEA central counterparty (within the meaning of section 285(1)(c) of the Act)	Its functions in relation to defaults or potential defaults by market participants]
[F191 A recognised CSD, EEA CSD or third country CSD (within the meaning of section 285(1)(e), (f) and (g) of the Act)	Its functions in relation to defaults or potential defaults by market participants]

Textual Amendments

F185 Sch. 1 Pt. 4 entry omitted (12.5.2011) by virtue of The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), arts. 1(2), 16(3)(a)

F186 Sch. 1 Pt. 4 entry omitted (12.5.2011) by virtue of The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), arts. 1(2), 16(3)(b)

F187 Words in Sch. 1 Pt. 4 inserted (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 35(6)(a) (with regs. 52-58)

F188 Words in Sch. 1 Pt. 4 substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(9)(b)

F189 Words in Sch. 1 Pt. 4 inserted (1.12.2001) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) (No. 2) Regulations 2001 (S.I. 2001/3624), regs. 1, 2(7)

F190 Words in Sch. 1 Pt. 4 inserted (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 35(6)(b) (with regs. 52-58)

F191 Words in Sch. 1 Pt. 4 inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 25(3) (with regs. 7(4), 9(1))

Marginal Citations

M45 Section 447 was amended by the Companies Act 1989, s. 63 and Sch. 24, and by the Youth Justice and Criminal Evidence Act 1999 (c. 23), Sch. 3, paras. 4 and 6.

M46 Section 83 was amended by the Youth Justice and Criminal Evidence Act 1999, Sch. 3, para. 21.

M47 S.I. 1986/1032 (N.I. 6).

M48 S.I. 1989/2404 (N.I. 18).

M49 S.I. 1995/3272, amended by S.I. 1996/2827, 1997/251, 1999/506, 2000/311 and 2000/1682.

[F192 PART 5 U.K.

Textual Amendments

F192 Sch. 1 Pt. 5 inserted (31.12.2010) by The Capital Requirements (Amendment) Regulations 2010 (S.I. 2010/2628), reg. 1, Sch. 2 para. 3(4)(c)

Person	Functions
A central government department in another EEA state, responsible for legislation on the supervision of credit institutions, financial institutions, investment services and insurance companies	Its functions as such]

Regulation 12

SCHEDULE 2 U.K. DISCLOSURE OF CONFIDENTIAL INFORMATION NOT SUBJECT TO [F193 SINGLE MARKET RESTRICTIONS]

Textual Amendments

F193 Words in Sch. 2 heading substituted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(14)

Person	Functions
The Bank of England	All its public functions (so far as not mentioned in Schedule 1)
The International Monetary Fund	All its functions
F194 . . .	F194 . . .
[F195 The Competition and Markets Authority]	Its functions under any enactment (so far as not mentioned in Schedule 1)
F196 . . .	F196 . . .
A local weights and measures authority in Great Britain	Its functions as such under any enactment
An EEA regulatory authority	Its functions as such (so far as not mentioned in Schedule 1)
The Department of Enterprise, Trade and Investment in Northern Ireland	(a)Its functions under Part V of the Companies (No. 2) (Northern Ireland) Order 1990 M50 (Financial Markets and Insolvency) (b)It functions under Part XII of the Insolvency (Northern Ireland) Order 1989 M51 (c)Its functions under any other enactment (so far as not mentioned in Schedule 1) (d)Its functions as a weights and measures authority for Northern Ireland
A recognised clearing house (other than an overseas clearing house [F197 , an EEA central counterparty (within the meaning of section 285(1)(c) of the Act) or a third country central counterparty (within the meaning of section 285(1)(d) of the Act)])	Its functions as such (so far as not mentioned in Schedule 1)
[F198 A recognised CSD, EEA CSD or third country CSD (within the meaning of section 285(1)(e), (f) and (g) of the Act)	Its functions as such (so far as not mentioned in Schedule 1)]
A person approved under the Uncertificated Securities Regulations 1995 as an operator of a relevant system (within the meaning of those regulations)	His functions as such (so far as not mentioned in Schedule 1)
The scheme operator	Its functions as such
The Chief Ombudsman appointed in accordance with paragraph 5 of Schedule 17 to the Act, and any other member of the panel of ombudsmen appointed in accordance with paragraph 4 of that Schedule	Their functions as such
An inspector appointed under section 284 of the Act	His functions as such
A person appointed in accordance with regulations made under section 262(1) of the Act to carry out an investigation in relation to an open-ended investment company	His functions as such
[F199 The Pensions Regulator]	[F200 Its functions as such] (so far as not mentioned in Schedule 1 to these Regulations)
The Charity Commissioners for England and Wales	Their functions under any enactment (so far as not mentioned in Schedule 1)
The Commissioners of Customs and Excise	Their functions under any enactment
[F201 Office of Communications	Its functions under [F202 any enactment]]
The Pensions Ombudsman	His functions under the Pension Schemes Act 1993 and the Pensions Act 1995
F203 . . .	F203 . . .
[F204 A person upon whom functions are conferred by or under the Proceeds of Crime Act 2002	Those functions]
[F205 The Gambling Commission	Its functions as such]
[F206 The Claims Management Regulator	Its functions as such]
[F207 The Gas and Electricity Markets Authority	Its functions under any enactment]

Textual Amendments

F194 Words in Sch. 2 Table omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 30(3)(b) (with art. 3)

F195 Words in Sch. 2 Table substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 30(3)(a) (with art. 3)

F196 Sch. 2 entry omitted (16.4.2012) by virtue of The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 3(15)

F197 Words in Sch. 2 inserted (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 35(7) (with regs. 52-58)

F198 Words in Sch. 2 inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 25(4) (with regs. 7(4), 9(1))

F199 Words in Sch. 2 substituted (25.11.2005) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2005 (S.I. 2005/3071), regs. 1, 2(3)(a)

F200 Words in Sch. 2 substituted (25.11.2005) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2005 (S.I. 2005/3071), regs. 1, 2(3)(b)

F201 Words in Sch. 2 substituted (1.10.2011) by The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085), art. 1(2), Sch. 1 para. 48

F202 Words in Sch. 2 table substituted (28.4.2014) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2014 (S.I. 2014/883), regs. 1, 2(3)

F203 Sch. 2 entry omitted (1.10.2013) by virtue of The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 34(b) (with art. 8, Sch. para. 43)

F204 Words in Sch. 2 table added (23.8.2003) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) (No. 2) Regulations 2003 (S.I. 2003/2174), regs. 1, 4(d)

F205 Words in Sch. 2 Table added (20.1.2007) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2006 (S.I. 2006/3413), regs. 1(2)(a), 9

F206 Words in Sch. 2 Table added (18.11.2009) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2009 (S.I. 2009/2877), regs. 1, 2(2)

F207 Words in Sch. 2 Table inserted (26.12.2012) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2012 (S.I. 2012/3019), regs. 1, 2

Marginal Citations

M50 S.I. 1990/1504 (N.I. 10).

M51 S.I. 1989/2405 (N.I. 19).

Regulation 2

SCHEDULE 3 U.K. PRESCRIBED DISCIPLINARY PROCEEDINGS

The following disciplinary proceedings are prescribed for the purposes of section 349(5)(d) of the Act—

(a) disciplinary proceedings relating to the exercise by a barrister, solicitor, auditor, accountant, valuer or actuary of his professional duties;

(b) disciplinary proceedings relating to the discharge of his duties by an officer or servant of—

(i) the Crown;

(ii) [F208 any of the regulators];

(iii) the body known as the Panel on Takeovers and Mergers;

(iv) the Charity Commissioners for England and Wales;

F209 (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi) the [F210 Competition and Markets Authority];

(vii) the Insolvency Practitioners Tribunal in relation to its functions under the Insolvency Act 1986 M52 ;

(viii) the Occupational Pensions Board in relation to its functions under the Social Security Act 1973 M53 and the Social Security Acts 1975 to 1986 M54 ;

(ix) the organs of the Society of Lloyd’s being organs constituted by or under Lloyd’s Act 1982 M55 in relation to their functions under Lloyd’s Acts 1871–1982 M56 and the byelaws made thereunder of the Society of Lloyd’s;

(x) the [F211 Gambling Commission] in relation to [F212 its] functions under the National Lottery etc. Act 1993 M57 .

Textual Amendments

F208 Words in Sch. 3 substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(10)

F209 Sch. 3(b)(v) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 30(4)(a) (with art. 3)

F210 Words in Sch. 3(b)(vi) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 30(4)(b) (with art. 3)

F211 Words in Sch. 3(b)(x) omitted (1.10.2013) by virtue of The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 34(c)(i) (with art. 8, Sch. para. 43)

F212 Word in Sch. 3(b)(x) substituted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 34(c)(ii) (with art. 8, Sch. para. 43)

Marginal Citations

M52 1986 c. 45.

M53 1973 c. 38.

M54 1986 c. 50; see s. 90(2).

M55 1982 c. 14.

M56 34 Vict c. xxi, 1&2 Geo V c. lxii, 14&15 Geo VI c. viii, 1982 c. 14.

M57 1993 c. 39.

Explanatory Note

(This note is not part of the Regulations)

These Regulations specify the circumstances in which confidential information, within the meaning of the Financial Services and Markets Act 2000 (c. 8) (“the Act"), can be disclosed. Section 348 of the Act provides that—except as permitted by such regulations—confidential information must not be disclosed by a primary recipient, or by any person obtaining the information directly or indirectly from a primary recipient, without the consent of the person from whom the primary recipient obtained the information and (if different) the person to whom it relates. “Confidential information" is defined as information which—

(a)  relates to the business or other affairs of any person; and U.K.

(b)  was received by the primary recipient for the purposes of, or in the discharge of, any functions of the Financial Services Authority (“the FSA"), the competent authority for the purposes of Part VI of the Act (official listing—currently the FSA) or the Secretary of State, under any provision made by or under the Act. U.K.

But information is not “confidential information" if it has previously been lawfully made available to the public, or is in the form of a summary or collection of information which is so framed that it is not possible to ascertain from it information relating to any particular person.

“Primary recipients" of confidential information are the FSA, the Secretary of State; persons employed by them, or auditors or experts instructed by them; or a person appointed to make a report under section 166 of the Act (reports by skilled persons).

Disclosure of confidential information in breach of section 348, or use of such information in breach of the Regulations, is an offence under section 352 of the Act.

Part II of these Regulations sets out the circumstances in which confidential information may be disclosed by or to the FSA, the Secretary of State or the Treasury; for the purposes of criminal proceedings and investigations; for the purposes of certain civil proceedings; or in pursuance of a Community obligation. Regulation 7 provides that where information is disclosed subject to a restriction on use, it may not be used in breach of that condition without the consent of the person who disclosed it.

Part III makes provision for the disclosure of information which is subject to restrictions on disclosure in the EC directives relating to financial services. Such information—subject to the provisions of regulation 9—may be disclosed to or by the persons listed in Schedule 1, for the purposes of the functions indicated there.

Part IV makes provision for the disclosure of information which is not subject to directive restrictions. Such information may be disclosed by or to the persons listed in Schedules 1 and 2, for the purposes of the functions indicated there; or for the purposes of certain disciplinary proceedings, as set out in Schedule 3.

Part V makes transitional provision about information obtained under former financial services legislation (to be repealed under the Act). Before the repeal of that legislation, information obtained under it may be disclosed for certain purposes permitted by these Regulations (regulation 14). After the repeal of that legislation, such information is to be treated in the same way as “confidential information" under the Act, and is to be subject to the provisions on disclosure in these Regulations (regulation 15).