The Data Reporting Services Regulations 2017

CHAPTER 3 Application of secondary legislation for the purposes of the Regulations

Service of notices

41.  The Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001(1) (“Notice Regulations”) apply in respect to any notice or document to be given by the FCA under these Regulations or under the Act as applied by these Regulations, as if—

(a) that notice or document were “a relevant document” under the Notice Regulations;

(b) each reference to the Act included a reference to these Regulations and to the Act as applied by these Regulations;

(c) each reference to a section of the Act were a reference to that section as applied by these Regulations.

Disclosure of confidential information

42.  The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001(2) apply for the purposes of section 349 of the Act (exceptions from section 348) as applied by regulation 35.

Communications by auditors

43.  The Financial Services and Markets Act 2000 (Communications by Auditors) Regulations 2001(3) apply with respect to the auditor of a data reporting service provider, as if—

(a) each reference to an authorised person were a reference to a data reporting service provider;

(b) in regulation 1(2) (citation, commencement and interpretation) “relevant requirement” meant a requirement which is imposed by or under these Regulations;

(c) in regulation 2(2)(a)(ii) (circumstances in which an auditor is to communicate) the reference to functions were a reference to the FCA’s functions under these Regulations and under the Act as applied by these Regulations;

(d) in regulation 2(2)(b) the reference to threshold conditions were a reference to the conditions in regulation 9 of these Regulations.

(1)

S.I. 2001/1420.

(2)

S.I. 2001/2188.

(3)

S.I. 2001/2587.