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12.—(1) The FCA may disclose information it holds to a relevant authority, provided the disclosure is made—
(a)for purposes connected with the effective exercise of the functions of the FCA under these Regulations;
(b)for purposes connected with the effective exercise of the functions of that relevant authority under these Regulations or the MLR; or
(c)with a view to the institution of, or otherwise for the purposes of, any criminal or other enforcement proceedings.
(2) Information disclosed to a relevant authority under paragraph (1) may not be further disclosed by that authority except where the further disclosure—
(a)has the consent of the person or persons mentioned in regulation 11(2)(a);
(b)is made to another relevant authority for purposes connected with the effective exercise of the functions of either relevant authority under these Regulations or the MLR;
(c)is made by, or to, the Secretary of State for purposes connected with the effective exercise of his or her functions under enactments relating to companies and insolvency;
(d)is made with a view to the institution of, or otherwise for the purposes of, any criminal or other enforcement proceedings; or
(e)is required by law.
(3) For the purposes of this regulation, “relevant authority” means—
(a)the Commissioners for Her Majesty's Revenue and Customs;
(b)the Financial Reporting Council;
(c)the Gambling Commission;
(d)the Legal Services Board;
(e)the National Crime Agency;
(f)an overseas authority;
(g)the police forces maintained under section 2 of the Police Act 1996 M1 (maintenance of police forces);
(h)the Police of the Metropolis;
(i)the Police for the City of London;
(j)the Police Service of Scotland;
(k)the Police Service of Northern Ireland;
(l)a self-regulatory organisation;
(m)the Secretary of State;
(n)the Serious Fraud Office;
(o)a skilled person;
(p)the Treasury.
(4) For the purposes of paragraph (3)(f), an “overseas authority” means an authority within the meaning of regulation 50(4) of the MLR which undertakes to comply with such conditions in relation to the information as the FCA considers appropriate.
Marginal Citations
M11996 c.16. Section 2 was amended by paragraph 3 and 4 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c.13).
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