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8.—(1) The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001(1) are amended as follows.
(2) In regulation 2 (interpretation)(2)—
(a)after the definition of “markets in financial instruments directive information” insert—
““mortgages directive information” means confidential information received by the FCA or the PRA in the course of discharging its functions as a competent authority under the mortgages directive;”; and
(b)in the definition of “single market restrictions”, after paragraph (ga) insert—
“(gb)Articles 5(2) and 36 of the mortgages directive;”.
(3) In regulation 9 (disclosure by regulators or regulator workers to certain other persons)(3)—
(a)in paragraph (1), after “(3E)” insert “, (3F)”; and
(b)after paragraph (3E) insert—
“(3F) Paragraph (1) does not permit disclosure of mortgages directive information to a person specified in the first column of Schedule 1 in contravention of Articles 5(2) or 36 of the mortgages directive.”.
In regulation 2 the definition of “markets in financial instruments directive information” was inserted by S.I. 2006/3413 and was subsequently amended by S.I. 2010/2628 and 2013/472 and 3115. The definition of “single market restrictions” was inserted by S.I. 2012/916 and was subsequently amended by S.I. 2013/504, 1773 and 3115. There are other amendments to regulation 2 but none is relevant to this Order.
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