The Financial Assistance Scheme (Appeals) Regulations 2005

Restriction on use of documents and information provided for investigations U.K.

28.—(1) It is a condition of the supply or making available for inspection of any document or other information under these Regulations that any person to whom it is supplied or made available for inspection may only use it—

(a) for the purposes of the appeal; or

(b) if the Ombudsman proposes to exercise, or has exercised, his power to combine appeals under regulation 25(1), (2) or (3), for the purposes of any other appeal which is combined with the appeal to which the information or document relates.

(2) The Ombudsman must not disclose any information which he obtains for the purposes of the investigation of matters arising on an appeal under these Regulations unless the disclosure is to—

(a) a person or body specified in paragraph (3) and the Ombudsman considers that disclosure would enable or assist that person or body to discharge the functions of that person or body; or

(b) a person specified in paragraph (4) and the Ombudsman considers that disclosure is necessary to enable the Ombudsman to carry out his functions under these Regulations.

(3) The persons or bodies specified in this paragraph are—

(a) the scheme manager;

(b) the High Court or the Court of Session (where a question of law arising out of an appeal has been referred to it) M1 ;

(c) the Regulator;

(d) the Board;

(e) the Pensions Ombudsman M2 ;

[F1 (f) the Financial Conduct Authority;

(fa) the Prudential Regulation Authority;

(fb) the Bank of England [F2 (acting otherwise than in its capacity as the Prudential Regulation Authority)];]

(g) any government department (including a Northern Ireland department);

(h) a person appointed under—

(i) section 167 of the Financial Services and Markets Act 2000 M3 (appointment of persons to carry out general investigations),

(ii) section 168(3) or (5) of that Act (appointment of persons to carry out investigations in particular cases), or

(iii) section 284 of that Act (power to investigate),

to conduct an investigation;

(i) an inspector appointed under Part 14 of the Companies Act 1985 M4 (investigation of companies and their affairs; requisition of documents) or under Part 15 of the Companies (Northern Ireland) Order 1986 M5 (investigation of companies and their affairs; requisition of documents);

(j) a body designated under section 326(1) of the Financial Services and Markets Act 2000 (designation of professional bodies);

[F3 (k) a recognised investment exchange, recognised clearing house F4 ... [F5 , third country central counterparty, recognised CSD F4 ... or third country CSD] (as defined by section 285 of that Act); and]

F6 (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The persons specified in this paragraph are—

(a) the scheme manager;

(b) an appellant, or, if applicable, the appellant's representative;

(c) any interested person in relation to an appeal; and

(d) any person providing an expert opinion, or other evidence, in connection with an appeal.

Textual Amendments

F1 Reg. 28(3)(f)-(fb)substituted for 28(3)(f)(1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 111

F2 Words in reg. 28(3)(fb) inserted (1.3.2017) by The Bank of England and Financial Services (Consequential Amendments) Regulations 2017 (S.I. 2017/80), reg. 1, Sch. para. 27

F3 Reg. 28(3)(k) 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), 39(2) (with regs. 52-58)

F4 Words in reg. 28(3)(k) omitted (31.12.2020) by virtue of The Occupational and Personal Pension Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/192), regs. 1, 27(2); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 28(3)(k) substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 30 (with regs. 7(4), 9(1))

F6 Reg. 28(3)(l) omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 61(b)

Marginal Citations

M1 See section 215 of the Act as modified by regulation 3(4), and applied, as modified, by regulation 2, of S.I. 2005/3256.

M2 The Pensions Ombudsman is appointed under section 145(2) of the Pension Schemes Act 1993 (c. 48), as amended by section 274(1) of the Act.

M3 2000 c. 8.

M4 1985 c. 6; see in particular sections 431 (as amended by S.I. 2003/1116 and modified by S.I. 2001/1090) and 432 (as amended by section 55 of the Companies Act 1989 (c. 40) and modified by S.I. 2001/1090).

M5 S.I. 1986/1032 (N.I. 6); see in particular Articles 424 (as amended by S.R. 2004 No. 275 and modified by S.R. 2004 No. 307) and 425 (as amended by Article 3 of the Companies (No. 2) (Northern Ireland) Order 1990 (S.I. 1990/1504 (N.I. 10)) and modified by S.R. 2004 No. 307).