PART 3Information and directions
F1Disclosure12
1
The FCA may disclose information it holds, provided the disclosure is made—
a
for purposes connected with the effective exercise of the functions of the FCA under these Regulations;
b
to a relevant authority, for purposes connected with the effective exercise of the functions of that relevant authority under these Regulations or the MLR;
c
to a law enforcement authority, for purposes connected with the exercise of the functions of that authority; or
d
with a view to the institution of, or otherwise for the purposes of, any criminal or other enforcement proceedings.
2
Information disclosed under paragraph (1) may not be further disclosed by any person except where the further disclosure—
a
has the consent of the person or persons mentioned in regulation 11(2)(a);
b
is made by, or to, a relevant authority for purposes connected with the effective exercise of the functions under these Regulations or the MLR of—
i
the relevant authority receiving the information, or
ii
the relevant authority disclosing the information;
c
is made by, or to, a law enforcement authority for purposes connected with the effective exercise of the functions of the law enforcement authority;
d
is made by a relevant authority with a view to the institution of, or otherwise for the purposes of, any criminal or other enforcement proceedings;
e
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; or
f
is required by law.
3
For the purposes of this regulation—
“law enforcement authority” means—
- a
the National Crime Agency;
- b
the police forces maintained under section 2 of the Police Act 1996 (maintenance of police forces);
- c
the Police of the Metropolis;
- d
the Police for the City of London;
- e
the Police Service of Scotland;
- f
the Police Service of Northern Ireland;
- g
the Serious Fraud Office;
- a
“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
an overseas 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;
- f
a self-regulatory organisation;
- g
a skilled person;
- h
the Secretary of State;
- i
the Treasury.
- a