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

Regulations 9, 10 and 12

SCHEDULE 1 U.K. DISCLOSURE OF CONFIDENTIAL INFORMATION WHETHER OR NOT SUBJECT TO DIRECTIVE RESTRICTIONS

PART 1 U.K.

Modifications etc. (not altering text)

C1 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)

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
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
The Director General of Fair Trading	(a)His functions under the Act (b)His 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 [F1 ; or (iii) financial organisations within the meaning of article 30.5 of the banking consolidation directive]
The Competition Commission	(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 [F2 ; or (iii) financial organisations within the meaning of article 30.5 of the banking consolidation 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
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 M3 , or an investor-compensation scheme recognised in accordance with Directive 97/9/EC M4	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 M5	Its functions as such under that Act or under the Act
A person appointed to make a report under section 166 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 appointed under or as a result of an enactment (other than the Act)	His 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 M6	His functions as such
A person appointed as an inspector under section 18 of the Credit Unions Act 1979 M7	His functions as such
A person appointed to make a report under section 52(5)(d) of the Building Societies Act 1986 M8	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 M9	His functions as such
A person appointed to make a report under section 62(3)(d) of the Friendly Societies Act 1992 M10	His functions as such
A person appointed as an investigator under section 65 of the Friendly Societies Act 1992 M11 or as an inspector under 66 of that Act	His functions as such
A recognised supervisory body within the meaning of Part II of the Companies Act 1989 M12 or Part III of the Companies (Northern Ireland) Order 1990 M13	(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 section 32 of the Companies Act 1989 M14	Its functions as such
The Institute of Actuaries or the Faculty of Actuaries	[F3 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) M15 (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
[F4 The Pensions Regulator]	[F5 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
The investigator appointed by the Authority in accordance with paragraph 7 of Schedule 1 to the Act	His functions as such
[F6 A person appointed by the Treasury to hold an inquiry into matters relating to financial services (including an inquiry under section 15 of the Act), or an officer or member of staff of such an inquiry	His functions in carrying out the inquiry and reporting to the Treasury]
[F7 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]
[F8 A person upon whom functions are conferred by or under Part 2, 3 or 4 of the Proceeds of Crime Act 2002	Those functions]
[F9 A person authorised by the Secretary of State for the purposes of section 245B(1)(b) of the Companies Act 1985	His functions as such]
[F10 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]
[F10 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]
[F10 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]

Textual Amendments

F1 Words in Sch. 1 Pt. 1 Table 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)

F2 Words in Sch. 1 Pt. 1 Table 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)

F3 Words in Sch. 1 Pt. 1 table 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)

F4 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)

F5 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)

F6 Words in Sch. 1 Pt. 1 table 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

F7 Words in Sch. 1 Pt. 1 table 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)

F8 Words in Sch. 1 Pt. 1 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(b)

F9 Words in Sch. 1 Pt. 1 table 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)

F10 Words in Sch. 1 Pt. 1 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), 8(2)

Marginal Citations

M1 1986 c. 45.

M2 S.I. 1989/2405 (N.I. 19).

M3 OJ No. L135, 31.5.1994, p. 5.

M4 OJ No. L084, 26.3.1997, p. 22.

M5 1986 c. 60.

M6 1965 c. 12.

M7 1979 c. 34.

M8 1986 c. 53. Section 52 was amended by the Building Societies Act 1997 (c. 32), Sch. 7, para. 17.

M9 Sections 55 and 56 were amended by the Building Societies Act 1997, Sch. 7, paras 21 and 22 (respectively).

M10 Section 62 was amended by S.I. 1994/1984, reg. 17.

M11 Section 65 was amended by S.I. 1994/1984, reg. 19.

M12 1989 c. 40.

M13 S.I. 1990/593 (N.I. 5).

M14 1989 c. 40.

M15 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

PART 3 U.K.

Person	Functions
A dependent territory regulatory authority	Its functions as such
A non-EEA regulatory authority	Its functions as such

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 M16	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 M17	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 M18 (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 M19 (disqualification of company directors)
An inspector appointed under Part XV of the Companies (Northern Ireland) Order 1986	His functions under that Part
A person appointed to exercise powers under article 440 of the Companies (Northern Ireland) Order 1986 M20	His functions as such
A recognised clearing house (other than an overseas clearing house)	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 the Authority 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 M21 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
[F11 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]

Textual Amendments

F11 Words in Sch. 1 Pt. 4 table 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)

Marginal Citations

M16 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.

M17 Section 83 was amended by the Youth Justice and Criminal Evidence Act 1999, Sch. 3, para. 21.

M18 S.I. 1986/1032 (N.I. 6).

M19 S.I. 1989/2404 (N.I. 18).

M20 Article 440 was amended by article 11 of, and Schedule 6 to the Companies (No. 2) (Northern Ireland) Order 1990 (S.I. 1990/1504 (N.I. 10)).

M21 S.I. 1995/3272, amended by S.I. 1996/2827, 1997/251, 1999/506, 2000/311 and 2000/1682.

Regulation 12

SCHEDULE 2 U.K. DISCLOSURE OF CONFIDENTIAL INFORMATION NOT SUBJECT TO DIRECTIVE RESTRICTIONS

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
The Director General of Fair Trading	His functions under any enactment (so far as not mentioned in Schedule 1)
The Competition Commission	Its functions under any enactment (so far as not mentioned in Schedule 1)
The Gas and Electricity Markets Authority	Its functions under any enactment
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 M22 (Financial Markets and Insolvency) (b)It functions under Part XII of the Insolvency (Northern Ireland) Order 1989 M23 (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)	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
[F12 The Pensions Regulator]	[F13 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
The Postal Services Commission	Its functions under the Postal Services Act 2000 M24
The Pensions Ombudsman	His functions under the Pension Schemes Act 1993 and the Pensions Act 1995
[F14 The National Lottery Commission	All its public functions]
[F15 A person upon whom functions are conferred by or under the Proceeds of Crime Act 2002	Those functions]
[F16 The Gambling Commission	Its functions as such]

Textual Amendments

F12 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)

F13 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)

F14 Words in Sch. 2 table 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(8)

F15 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)

F16 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

Marginal Citations

M22 S.I. 1990/1504 (N.I. 10).

M23 S.I. 1989/2405 (N.I. 19).

M24 2000 c. 26.

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) the Authority;

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

(iv) the Charity Commissioners for England and Wales;

(v) the Director General of Fair Trading;

(vi) the Competition Commission;

(vii) the Insolvency Practitioners Tribunal in relation to its functions under the Insolvency Act 1986 M25 ;

(viii) the Occupational Pensions Board in relation to its functions under the Social Security Act 1973 M26 and the Social Security Acts 1975 to 1986 M27 ;

(ix) the organs of the Society of Lloyd’s being organs constituted by or under Lloyd’s Act 1982 M28 in relation to their functions under Lloyd’s Acts 1871–1982 M29 and the byelaws made thereunder of the Society of Lloyd’s;

(x) the National Lottery Commission in relation to their functions under the National Lottery etc. Act 1993 M30 .

Marginal Citations

M25 1986 c. 45.

M26 1973 c. 38.

M27 1986 c. 50; see s. 90(2).

M28 1982 c. 14.

M29 34 Vict c. xxi, 1&2 Geo V c. lxii, 14&15 Geo VI c. viii, 1982 c. 14.

M30 1993 c. 39.