The Electronic Money Regulations 2011

PART 2 U.K. Application and modification of secondary legislation

The Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001 U.K.

10.  The Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001 M1 apply to any notice, direction or document of any kind given by or to the Authority under these Regulations as they apply to any notice, direction or document of any kind under the 2000 Act.

Marginal Citations

M1 S.I. 2001/1420; a relevant amending instrument is S.I 2005/274.

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

11.  The Financial Services and Markets Act 2000 (Disclosure of Confidential Information Regulations 2001 M2 apply with the following modifications—

(a) in regulation 2—

(i) in the definition of “ [F1 relevant provisions] ” for “and [F2 Article 13 of the insurance distribution directive]” substitute “ , [F2 Article 13 of the insurance distribution directive] and Article 3 of the electronic money directive insofar as it applies Article 22 of the payment services directive ”;

(ii) after the definition of “ [F3 disciplinary proceedings authority] ” insert—

““electronic money directive” means Directive 2009/110/EC of the European Parliament and of the Council of 16th September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions;

[F4 “electronic money information” means confidential information received by the Authority in the course of discharging its functions as the competent authority under the electronic money directive”]; and

(iii) in paragraph (a) of the definition of “ [F5 third country regulatory authority] ” after “of the Act” insert “ or any function conferred under national legislation in implementation of the electronic money directive ”;

(b) in regulation 5(4)(a) and (6)(d) and (e) for “an authorised person, former authorised person or former regulated person” substitute in each case “ an electronic money institution or former electronic money institution ”;

(c) in regulation 8 after paragraph (b) insert—

[F6 “(g)] electronic money F7 ... information.”;

(d) for regulation 9(4) substitute—

“(4) Paragraph (1) does not permit disclosure to the persons specified in the first column in Part 6 of Schedule 1 unless the disclosure is of electronic money F8 ... information.”;

(e) in regulation 11 after paragraph (d) insert—

“(e) electronic money F9 ... information.”;

(f) in the second column in Part 1 of Schedule 1, in the list of functions beside—

(i) “An official receiver appointed under section 399 of the Insolvency Act 1986, or an official receiver for Northern Ireland appointed under article 355 of the Insolvency (Northern Ireland) Order 1989”, after paragraph (ii) insert—

“or

(iii)

electronic money issuers or former electronic money issuers”;

(ii) “The [F10 Department for the Economy] in Northern Ireland”, after paragraph (c)(ii) insert—

“or

(iii)

electronic money issuers or former electronic money issuers”;

(iii) “The Pensions Regulator”, after paragraph (ii) insert—

“or

(iii)

electronic money issuers or former electronic money issuers”;

(iv) “The Charity Commissioners for England and Wales”, after paragraph (ii) insert—

“or

(iii)

electronic money issuers or former electronic money issuers”; and

(g) in Schedule 1, after Part 5 insert—

“PART 6 U.K.

Person	Functions
The Commissioners for Her Majesty's Revenue and Customs	Their functions under the Money Laundering Regulations 2007”

Textual Amendments

F1 Words in Sch. 3 para. 11(a)(i) substituted (31.12.2020) by The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 6(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Sch. 3 para. 11(a)(i) substituted (27.3.2019) by The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(2), 14(2)(a)

F3 Words in Sch. 3 para. 11(a)(ii) substituted (31.12.2020) by The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 6(2)(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Sch. 3 para. 11(a)(ii) substituted (31.12.2020) by The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 6(2)(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Sch. 3 para. 11(a)(iii) substituted (31.12.2020) by The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 6(2)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in Sch. 3 para. 11(c) substituted (27.3.2019) by The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(2), 14(2)(b)

F7 Word in Sch. 3 para. 11(c) omitted (31.12.2020) by virtue of The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 6(2)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F8 Word in Sch. 3 para. 11(d) omitted (31.12.2020) by virtue of The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 6(2)(b)(v); 2020 c. 1, Sch. 5 para. 1(1)

F9 Word in Sch. 3 para. 11(e) omitted (31.12.2020) by virtue of The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 6(2)(b)(vi); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Sch. 3 para. 11(f)(ii) substituted (31.12.2020) by S.I. 2019/681, reg. 6(2)(b)(vii) (as inserted by The Financial Services (Miscellaneous) (Amendment) (EU Exit) (No. 3) Regulations 2019 (S.I. 2019/1390), regs. 1(4), 13; 2020 c. 1, Sch. 5 para. 1(1))

Marginal Citations

M2 S.I. 2001/2188; relevant amending instruments are S.I. 2003/1473, 2005/3071, 2006/3413 and 2010/2628.