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

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Regulations 9, 10 and 12

SCHEDULE 1U.K. DISCLOSURE OF CONFIDENTIAL INFORMATION WHETHER OR NOT SUBJECT TO [F1RETAINED EU LAW RESTRICTIONS]

Textual Amendments

Modifications etc. (not altering text)

PART 1U.K.

Modifications etc. (not altering text)

C4Sch. 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)

C5Sch. 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)

C6Sch. 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)

PersonFunctions
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 [F2, clearing and settlement systems and central securities depositories within the meaning of the CSD regulation]

[F3The 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]
[F4The FCAThe functions conferred on it by or under the Act]
[F5The PRAThe 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 systemsIts 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 MergersAll of its functions
The Society of Lloyd’sIts regulatory functions
F6. . .F6. . .
[F7[F8The 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 [F9; or

(iii) financial organisations within the meaning of [F10article 56(a) of the capital requirements directive]

An official receiver appointed under section 399 of the Insolvency Act 1986 M1, or an official receiver for Northern Ireland appointed under article 355 of the Insolvency (Northern Ireland) Order 1989 M2

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; [F11or

(iii) banking group companies (as defined in section 81D of the Banking Act 2009)]

[F12A person appointed in judicial or administrative proceedings in [F13the United Kingdom or a country or territory outside the United Kingdom], pursuant to a law relating to insolvency, to administer the reorganisation or the liquidation of a debtor's assets or affairs

[F14That person’s functions in so far as they relate to:

(i)former authorised persons or persons who have carried on former regulated activities;

(ii)persons carrying on, or who have carried on, regulated activities; or

(iii)banking group companies (as defined in section 81D of the Banking Act 2009)]]

The scheme managerIts functions under Part XV of the Act
F15. . .F15. . .
A designated professional body within the meaning of Part XX of the ActIts 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 M3Its functions as such under that Act or under the Act
A person appointed to make a report under section 166 [F16or 166A] of the ActHis functions as such
A person appointed to conduct an investigation under section 167 or section 168(3) or (5) of the ActHis functions as such
An auditor exercising functions conferred by or under the ActThose functions
An auditor of an authorised person [F17or 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
[F18A person appointed to carry out a statutory audit of a company [F19in accordance with the law of the United Kingdom in force immediately before IP completion day that implemented] 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 ActThose functions
A person appointed as an inspector under section 49 of the Industrial and Provident Societies Act 1965 M4His functions as such
A person appointed as an inspector under section 18 of the Credit Unions Act 1979 M5His functions as such
A person appointed to make a report under section 52(5)(d) of the Building Societies Act 1986 M6His 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 M7His functions as such
A person appointed to make a report under section 62(3)(d) of the Friendly Societies Act 1992 M8His functions as such
A person appointed as an investigator under section 65 of the Friendly Societies Act 1992 M9 or as an inspector under 66 of that ActHis functions as such
A recognised supervisory body within the meaning of [F20Part 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 [F21section 1220 of the Companies Act 2006]Its functions as such
The Institute of Actuaries or the Faculty of Actuaries [F22Their 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

[F23The Department for the Economy in Northern Ireland]

(a)Its functions under Part V of the Companies (No. 2) (Northern Ireland) Order 1990 (financial markets and insolvency) M10

(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

[F24The Pensions Regulator]

[F25Its 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

[F26The investigator appointed under section 84 of the Financial Services Act 2012]His functions as such
[F27A person appointed by the Treasury to hold an inquiry into matters relating to financial services (including an inquiry under [F28section 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]
F29. . .F29. . .
[F30A person upon whom functions are conferred by or under Part 2, 3 or 4 of the Proceeds of Crime Act 2002Those functions]
[F31A person authorised by the Secretary of State for the purposes of [F32section 456 of the Companies Act 2006]His functions as such]
[F33Any 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]
[F33Any 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]
[F33The 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]
F34. . .F34. . .
F35. . .F35. . .
F36. . .F36. . .
[F37The Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013 All of its functions]
[F38The 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]

[F38The 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]

[F39The Information Commissioner All functions of that person so far as they are exercisable in relation to the provision of claims management services (within the meaning given in regulation 21A of the Privacy and Electronic Communications (EC Directive) Regulations 2003)]
[F39The General Council of the Bar

(a) Its functions under arrangements which it has, or rules which it makes, in compliance with section 30(4) of the Financial Guidance and Claims Act 2018 (as applied by section 32(2) of that Act), for monitoring and enforcing the prohibitions in section 32(1) of that Act

(b) Its functions under rules which it makes in compliance with section 33(1) of that Act]

[F39The Law Society of England and Wales

(a) Its functions under arrangements which it has, or rules which it makes, in compliance with section 30(4) of the Financial Guidance and Claims Act 2018 (as applied by section 32(2) of that Act), for monitoring and enforcing the prohibitions in section 32(1) of that Act

(b) Its functions under rules which it makes in compliance with section 33(1) of that Act]

[F39The Chartered Institute of Legal Executives

(a) Its functions under arrangements which it has, or rules which it makes, in compliance with section 30(4) of the Financial Guidance and Claims Act 2018 (as applied by section 32(2) of that Act), for monitoring and enforcing the prohibitions in section 32(1) of that Act

(b) Its functions under rules which it makes in compliance with section 33(1) of that Act]]]

Textual Amendments

F39Words in Sch. 1 Pt. 1 inserted (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 99(2)

Marginal Citations

M7Sections 55 and 56 were amended by the Building Societies Act 1997, Sch. 7, paras 21 and 22 (respectively).

PART 2U.K.

F40...
F40. . .F40. . .
F40. . .F40. . .
F40. . .F40. . .
F40. . .F40. . .

Textual Amendments

PART 3U.K.

PersonFunctions
F41. . .F41. . .
[F42A third country regulatory authority]Its functions as such
[F43[F44A third country resolution authority]Its functions as such]
[F45An authority responsible for maintaining the stability of the financial system in a third country or territory through macro-prudential regulation Its functions as such]
[F46A financial intelligence unit in a third country Its functions as such]
[F46An authority in a third country responsible for the application of rules on structural separation within a banking group Its functions as such]
[F45A reorganisation body or authority in a third country or territory whose aim is to protect the stability of the financial system Its functions as such]
[F47ACER 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]
[F47A body responsible, in a third country, for administering a deposit guarantee scheme recognised in accordance with the law of that country, or an investor-compensation scheme recognised in accordance with the law of that country. Its functions as such]
[F47A person in a third country appointed to carry out a statutory audit of a company in accordance with the law of that country. That person's functions as such]
[F47An investment exchange which has its head office in a third country, and which is recognised as an investment exchange under the law of that country. Its functions as a supervisor of financial markets]
[F47ESAs 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)]
[F41ESRB 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]
[F47An authority responsible for maintaining the stability of the financial system in a third country through macro prudential regulation Its functions as such.]

Textual Amendments

PART 4U.K.

PersonFunctions
An inspector appointed under Part XIV of the Companies Act 1985His functions as such
A person authorised to exercise powers under section 447 of the Companies Act 1985 M11His 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 M12His functions as such
[F48The Department for the Economy in Northern Ireland]

(a)Its functions under Part XV of the Companies (Northern Ireland) Order 1986 M13 (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 M14 (disqualification of company directors)

F49. . .F49. . .
F50. . .F50. . .
A recognised clearing house (other than an overseas clearing house [F51, F52... 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 [F53the Bank of England] for the purposes of section 301 of the ActHis functions under settlement arrangements to which regulations made under that section relate
A person approved under the Uncertificated Securities Regulations 1995 M15 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
[F54A clearing house or other similar body which has its head office in [F55a third country], and which is recognised under the law of [F56that country] as a provider of clearing or settlement services Its functions in relation to defaults or potential defaults by market participants]
[F57[F58A third country central counterparty (within the meaning of section 285(1)(d) of the Act)]Its functions in relation to defaults or potential defaults by market participants]
[F59A recognised CSD F60... or third country CSD (within the meaning of section 285(1)(e) F61... and (g) of the Act) Its functions in relation to defaults or potential defaults by market participants]

Textual Amendments

Marginal Citations

M11Section 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.

M12Section 83 was amended by the Youth Justice and Criminal Evidence Act 1999, Sch. 3, para. 21.

M15S.I. 1995/3272, amended by S.I. 1996/2827, 1997/251, 1999/506, 2000/311 and 2000/1682.

[F62PART 5U.K.

Textual Amendments

F63. . .F63. . .]

Textual Amendments

[F64PART 6U.K.

Textual Amendments

OrganisationFunctions
International Monetary FundIts functions in relation to assessments for the Financial Sector Assessment Program
World BankIts functions in relation to assessments for the Financial Sector Assessment Program
Bank for International SettlementsIts functions in relation to quantitative impact studies
Financial Stability BoardIts surveillance functions]

Regulation 12

SCHEDULE 2U.K. DISCLOSURE OF CONFIDENTIAL INFORMATION NOT SUBJECT TO [F65RETAINED EU LAW RESTRICTIONS]

Textual Amendments

Modifications etc. (not altering text)

PersonFunctions
The Bank of EnglandAll its public functions (so far as not mentioned in Schedule 1)
The International Monetary FundAll its functions
F66. . .F66. . .
[F67The Competition and Markets Authority]Its functions under any enactment (so far as not mentioned in Schedule 1)
F68. . .F68. . .
A local weights and measures authority in Great BritainIts functions as such under any enactment
F69. . .F69. . .
The Department of Enterprise, Trade and Investment in Northern Ireland

M16(a)Its functions under Part V of the Companies (No. 2) (Northern Ireland) Order 1990 (Financial Markets and Insolvency)

M17(b)It functions under Part XII of the Insolvency (Northern Ireland) Order 1989

(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 [F70F71... 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)
[F72A recognised CSD F73... or third country CSD (within the meaning of section 285(1)(e) F74... and (g) of the Act) Its functions as such (so far as not mentioned in Schedule 1)]
[F75A person that is an Operator of a relevant system under the Uncertificated Securities Regulations 2001 (within the meaning of those regulations)]His functions as such (so far as not mentioned in Schedule 1)
The scheme operatorIts 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 ScheduleTheir functions as such
An inspector appointed under section 284 of the ActHis 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 companyHis functions as such
[F76The Pensions Regulator] [F77Its functions as such] (so far as not mentioned in Schedule 1 to these Regulations)
The Charity Commissioners for England and WalesTheir functions under any enactment (so far as not mentioned in Schedule 1)
The Commissioners of Customs and ExciseTheir functions under any enactment
[F78Office of Communications Its functions under [F79any enactment]]
The Pensions OmbudsmanHis functions under the Pension Schemes Act 1993 and the Pensions Act 1995
F80. . .F80. . .
[F81A person upon whom functions are conferred by or under the Proceeds of Crime Act 2002Those functions]
[F82The Gambling Commission Its functions as such]
F83. . .F83. . .
[F84The Gas and Electricity Markets Authority Its functions under any enactment]
[F85The monitor in relation to a moratorium under Part A1 of the Insolvency Act 1986 The monitor's functions in relation to the moratorium]
[F86The monitor in relation to a moratorium under Part 1A of the Insolvency (Northern Ireland) Order 1989 The monitor's functions in relation to the moratorium]

Textual Amendments

F83Words in Sch. 2 omitted (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 99(3)

Marginal Citations

Regulation 2

SCHEDULE 3U.K. PRESCRIBED DISCIPLINARY PROCEEDINGS

Modifications etc. (not altering text)

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)[F87any of the regulators];

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

(iv)the Charity Commissioners for England and Wales;

F88(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi)the [F89Competition and Markets Authority];

(vii)the Insolvency Practitioners Tribunal in relation to its functions under the Insolvency Act 1986 M18;

(viii)the Occupational Pensions Board in relation to its functions under the Social Security Act 1973 M19 and the Social Security Acts 1975 to 1986 M20;

(ix)the organs of the Society of Lloyd’s being organs constituted by or under Lloyd’s Act 1982 M21 in relation to their functions under Lloyd’s Acts 1871–1982 M22 and the byelaws made thereunder of the Society of Lloyd’s;

(x)the [F90Gambling Commission] in relation to [F91its] functions under the National Lottery etc. Act 1993 M23.

Textual Amendments

Marginal Citations

M2234 Vict c. xxi, 1&2 Geo V c. lxii, 14&15 Geo VI c. viii, 1982 c. 14.

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