The Financial Services and Markets Act 2000 (Confidential Information) (Bank of England) (Consequential Provisions) Order 2001

Companies information supplied before commencement

7.—(1) This article applies to information (“transitional companies information”)—

(a) disclosed before commencement to the Bank under section 449(1) of the Companies Act 1985, or under Article 442(1) of the Companies (Northern Ireland) Order 1986, in its capacity as a competent authority under section 449(3) of that Act or Article 442(3) of that Order (as the case may be); and

(b) which immediately before commencement was subject to any of the powers of disclosure conferred by subsection (2) or (3) of section 87 of the Banking Act 1987, as that section had effect by virtue of paragraph 59 of Schedule 5 to the 1998 Act.

(2) Subject to paragraphs (3) and (4), transitional companies information may be disclosed in accordance with section 349 of the Act and the Disclosure Regulations as if—

(a) it were confidential information within the meaning of section 348(2) of the Act; and

(b) the Bank were a primary recipient of the information.

(3) The Bank may disclose transitional companies information in accordance with Part IV of the Disclosure Regulations only with the consent of—

(a) in the case of information of the kind mentioned in paragraph (1)(a), the Secretary of State, or

(b) in the case of information of the kind mentioned in paragraph (1)(b), the Department of Enterprise, Trade and Investment in Northern Ireland.

(4) A person other than the Bank must not disclose such information under paragraph (2) except with the consent of—

(a) in the case of information disclosed as mentioned in paragraph (1)(a), the Secretary of State, or

(b) in the case of information disclosed as mentioned in paragraph (1)(b), the Department of Enterprise, Trade and Investment in Northern Ireland.