PART 6Money Laundering and Terrorist Financing: Supervision and Registration

CHAPTER 1Duties of supervisory authorities

F1Obligation of confidentiality52A.

(1)

No person working for a relevant supervisory authority, or acting on behalf of a relevant supervisory authority (or who has worked or acted for a relevant supervisory authority) may, except in accordance with this regulation, disclose any confidential information received in the course of their duties under these Regulations.

(2)

Information referred to in paragraph (1) may be disclosed in summary or aggregate form, provided that no credit institution or financial institution is identifiable from the information disclosed.

(3)

A relevant supervisory authority may only use confidential information received pursuant to these Regulations—

(a)

in the discharge of its duties under these Regulations or under other legislation relating to—

(i)

money laundering or terrorist financing;

(ii)

prudential regulation; or

(iii)

the supervision of credit institutions and financial institutions;

(b)

in an appeal against a decision of a supervisory authority;

(c)

in court proceedings initiated by a relevant supervisory authority in the exercise of the duties referred to in sub-paragraph (a), or otherwise relating to the authority’s discharge of those duties.

(4)

This regulation does not prevent the exchange of information between—

(a)

any authority in the United Kingdom responsible for the supervision of a credit institution or a financial institution in accordance with these Regulations or other law relating to credit institutions or financial institutions (a “UK authority”) and another UK authority;

(b)

a UK authority and the European Central Bank or a competent authority in an EEA state supervising any credit institution or financial institution in accordance with the fourth money laundering directive or other legislative acts relating to credit institutions or financial institutions.

(5)

Confidential information may only be exchanged under paragraph (4) if the authority to which the information is provided agrees to hold it subject to an obligation of confidentiality equivalent to that set out in paragraph (1).

(6)

Nothing in this regulation affects the disclosure of confidential information in accordance with regulations made under section 349 (exceptions from section 348) of FSMA M1.

(7)

For the purposes of this regulation, a “relevant supervisory authority” is a supervisory authority which is responsible for the supervision of credit institutions or financial institutions.