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

PART III U.K. DISCLOSURE OF SINGLE MARKET DIRECTIVE INFORMATION AND UCITS DIRECTIVE INFORMATION

Application of this Part U.K.

8.  This Part applies to single market directive information and UCITS directive information.

Disclosure by the Authority or Authority workers to certain other persons U.K.

9.—(1) Subject to paragraphs (2) and (3), the Authority or an Authority 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.

(2) Paragraph (1) does not permit disclosure to a person specified in the first column in Part 3 of Schedule 1 unless the disclosure is provided for by a cooperation agreement of the kind referred to in—

(a) article 25.3 of the investment services directive;

(b) article 30.3 of the banking consolidation directive;

(c) article 15.3 of the third life insurance directive;

(d) article 16.3 of the third non-life insurance directive, or

(e) article 50.4 of the UCITS directive.

[F1 (2A) The references in paragraph (2) to the provisions mentioned in sub-paragraphs (a), (c), (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].

(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—

(i) article 24 of the investment services directive,

(ii) article 29 of the banking consolidation directive,

(iii) article 16 of the first life insurance directive, or

(iv) article 14 of the first non-life insurance 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.

Textual Amendments

F1 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)

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.