Statutory Instruments

2001 No. 2188

FINANCIAL SERVICES AND MARKETS

The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001_cross-notes

Made

15th June 2001

Laid before Parliament

15th June 2001

Coming into force

18th June 2001

^M1^,^M2 The Treasury, in exercise of the powers conferred on them by sections 349(1)(b), (2) and (3), 417(1), 426, 427 and 428(3) of the Financial Services and Markets Act 2000, hereby make the following Regulations—

PART I PRELIMINARY

Citation and Commencement

1. These Regulations may be cited as the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 and come into force on 18th June 2001.

Interpretation_cross-notes

2. In these Regulations—

[^F1 “ACER” means the Agency for the Cooperation of Energy Regulators established by Regulation (EC) No. 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators ^F1] ;
“the Act" means the Financial Services and Markets Act 2000 ;
[^F2 “ assimilated law restrictions ” means the restrictions imposed on the disclosure of confidential information by the relevant provisions, and (excluding those specified at paragraphs (h) and (j) of that definition) as they had effect immediately before IP completion day, and as modified as follows—
(a)
requirements imposed on a Member State or an EU entity are to be read as if they are requirements imposed on the United Kingdom or, where relevant, a primary recipient;

(b)
a restriction on the disclosure of confidential information to a person in a third country applies to any disclosure of confidential information to any person in a country or territory outside the United Kingdom;

(c)
a requirement to seek the consent of an EU entity only applies where an equivalent requirement applies in relation to an equivalent entity in a third country; and

(d)
for the purposes of sub-paragraph (b) a reference to a person in a third country, which is a third country regulatory authority, is to be read as including an ESA and the ESRB;^F2]
^F3 ...
[^F4 “capital requirements directive information” means confidential information received by the PRA—
(a)
before IP completion day in the course of discharging its functions as the competent authority under the capital requirements directive;

(b)
after IP completion day in the course of exercising its functions in or under the Act or [^F5 assimilated^F5] law which functions are equivalent to the functions as the competent authority set out in the capital requirements directive;^F4]
[^F6 “ CCP ” has the meaning given in paragraph 154 of Schedule 11 to the Financial Services and Markets Act 2023 ; ^F6]
[^F7 “ competent authority ” includes a supervisory authority [^F8 that has the same meaning as in regulation 2(1) of the Solvency 2 Regulations 2015 ^F8] ; ^F7]
[^F9 “ conglomerates directive ” means Directive 2002/87/EC of the European Parliament and of the Council of 16th December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC , 79/267/EEC , 92/49/EEC , 92/96/EEC , 93/6/EEC , 93/22/EEC , and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council [^F10 as last amended by Directive 2011/89/EU of the European Parliament and of the Council ^F10] ; ^F9]
“criminal investigation" means an investigation of any crime, including an investigation of any alleged or suspected crime and an investigation of whether a crime has been committed;
^F11 ...
^F12 ...
^F13 ...
“disciplinary proceedings authority" means a person responsible for initiating prescribed disciplinary proceedings or determining the outcome of such proceedings;
^F14 ...
^F15 ...
^F16 ...
[^F17 EMIR information” means confidential information received by one of the regulators in the course of discharging its functions as a competent authority under the EMIR regulation;^F17]
[^F17 “the EMIR regulation” means Regulation (EU) 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories ; ^F17]
[^F18 “ESRB” means the European Systemic Risk Board established by Regulation (EU) No. 1092/2010 of the European Parliament and the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board; ^F18]
[^F18 “ESAs” means the European Supervisory Authorities established by Regulation (EU) No. 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), Regulation (EU) No. 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority) and Regulation (EU) No. 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority) ; ^F18]
[^F19 “ EU Benchmarks Regulation 2016 ” means Regulation EU 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No 596/2014 ; ^F19]
[^F20 “ EU entity ” has the meaning given in section 20(1) of the European Union (Withdrawal) Act 2018 ; ^F20]
[^F19 “ EU Benchmarks Regulation 2016 information ” means information received by the FCA in the course of discharging its functions as a competent authority under the EU Benchmarks Regulation 2016; ^F19]
^F21 ...
[^F22 “ foreign lawyer ” means a person who is a member of a legal profession regulated within a jurisdiction outside England and Wales, Scotland or Northern Ireland, and is entitled to practise as such; ^F22]
“former regulated activities" means activities carried on before the coming into force of section 19 of the Act and which constitute—
(a)
^M3 investment business within the meaning of the Financial Services Act 1986 ;

(b)
^M4 deposit-taking business within the meaning of the Banking Act 1987 ;

(c)
^M5 insurance business within the meaning of the Insurance Companies Act 1982 ; or

(d)
^M6 insurance business within the meaning of the Friendly Societies Act 1992 ;
“former regulated person" means a person who, at any time before the coming into force of section 19 of the Act, was—
(a)
authorised under section 3 or 4 of the Insurance Companies Act 1982;

(b)
^M7 an authorised person within the meaning of the Financial Services Act 1986, or an appointed representative within the meaning of section 44 (appointed representatives) of that Act;

(c)
an authorised institution within the meaning of the Banking Act 1987;

(d)
^M8 a European institution within the meaning of the Banking Coordination (Second Council Directive) Regulations 1992 ;

(e)
^M9 a European investment firm within the meaning of the Investment Services Regulations 1995 ;

(f)
^M10 an EC company within the meaning of the Insurance Companies Act 1982 able to carry on direct insurance business through a branch in the United Kingdom, or provide insurance in the United Kingdom by virtue of paragraph 1 or 8 of Schedule 2F to that Act ;

(g)
a friendly society authorised or treated as authorised for the purposes of Part IV of the Friendly Societies Act 1992, or permitted by virtue of section 31(2) or (3) of that Act to carry on activities without authorisation under that Part; or

(h)
^M11 a building society authorised or treated as authorised for the purposes of the Building Societies Act 1986 ;
^F23 ...
[^F24 “ market in financial instruments information ” means confidential information received by the FCA or the PRA in the course of discharging their functions under—
(a)
the markets in financial instruments regulation;

(b)
EU tertiary legislation (within the meaning of section 20 of the European Union (Withdrawal) Act 2018) made under—
(i)
the markets in financial instruments directive which forms part of [^F25 assimilated^F25] law; and

(ii)
the markets in financial instruments regulation;

(c)
the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017; or

(d)
the Act, which correspond to functions under the markets in financial instruments directive;^F24]
^F26 ...
^F27 ...
^F28 ...
^F29 ...
[^F4 “PRA worker” means—
(a)
a person who is or has been employed by the PRA; or

(b)
an auditor or expert instructed by the PRA;^F4]
“prescribed disciplinary proceedings" means the disciplinary proceedings prescribed in Schedule 3;
[^F30 “ PRA rules ” means the rules made by the PRA under the Act as they have effect from time to time; ^F30]
^F31 ...
[^F32 “ recovery and resolution information ” means confidential information received by—
(a)
the Bank of England in the course of discharging its functions under Part 1 of the Banking Act 2009 [^F33 , the Bank Recovery and Resolution (No. 2) Order 2014 or Schedule 11 to the Financial Services and Markets Act 2023^F33] ;

(b)
the FCA or PRA in the course of discharging their functions under Part 1 of the Banking Act 2009 [^F34 , the Bank Recovery and Resolution (No. 2) Order 2014 or Schedule 11 to the Financial Services and Markets Act 2023^F34] ;

(c)
a person appointed by the Bank of England under section 62B (resolution administrator) of the Banking Act 2009 to act as resolution administrator in the course of discharging that person's functions as such;^F32]
[^F35 “regulators” means the FCA, the PRA and the Bank of England, and “regulator” means any one of the regulators; ^F35]
[^F35 “regulator worker” means—
(a)
a person who is or has been employed by one of the regulators; or

(b)
an auditor or expert instructed by one of the regulators;^F35]
[^F36 “ relevant directives ” means, for the purposes of this regulation—
(a)
the alternative investment fund managers directive;

(b)
the capital requirements directive;

(c)
the conglomerates directive;

(d)
the insurance distribution directive;

(e)
the mortgages directive;

(f)
the Solvency 2 directive;

(g)
the UCITS directive;^F36]
[^F36 “ relevant provisions ” means, for the purposes of this regulation—
(a)
Articles 76 and 81 of the markets in financial instruments directive;

(b)
section 2 of Chapter 1 of Title 7 of the capital requirements directive;

(c)
Articles 64, 65, 66, 67, 68, 69 and 70 of the Solvency 2 directive;

(d)
Articles 102 and 104.1 of the UCITS directive;

(e)
Article 13 of the insurance distribution directive;

(f)
Articles 47.2, 47.3, 51, 52 and 53.2 of the alternative investment fund managers directive;

(g)
Articles 5(2) and 36 of the mortgages directive;

(h)
Article 83 of the EMIR regulation;

(i)
Article 18 of the SFT regulation;^F36]
^F37 ...
“Secretary of State worker" means—
(a)
a person who is or has been employed by the Secretary of State; or

(b)
an auditor or expert instructed by the Secretary of State;
[^F38 “ SFTR information ” means confidential information received by a regulator in the course of discharging its functions as a competent authority under the SFT regulation; ^F38]
[^F39 “ short selling information ” means confidential information received by the FCA in the course of discharging its functions [^F40 as a competent authority under the short selling regulation ^F40] [^F40 under or by virtue of the Short Selling Regulations 2025 ^F40] ; ^F39]
[^F39 “ specified confidential EU law information ” means confidential information received by the FCA or the PRA—
(a)
before IP completion day in the course of discharging its functions as the competent authority under the relevant directives; or

(b)
after IP completion day in the course of exercising its functions in or under the Act or [^F41 assimilated^F41] law which functions are equivalent to the functions as the competent authority set out in the relevant directives;^F39]
^F42 ...
^F43 ...
^F44 ...
^F45 ...
[^F29 “ third country regulatory authority ” means—
(a)
an authority in a country or territory outside the United Kingdom which exercises any function of a kind mentioned in section 195(4) of the Act;

(b)
a third country investment exchange, a third country clearing house, a third country central counterparty (within the meaning of section 285(1)(d) of the Act) or a third country CSD (within the meaning of section 285(1)(g) of the Act); or

(c)
an authority in a country or territory outside the United Kingdom which exercises any functions of a kind corresponding to a function of the Bank of England;^F29]
[^F21 “ third country resolution authority ” means an authority in a country or territory which is not, and does not form part of, the United Kingdom which exercises functions in relation to third country resolution action (within the meaning of section 89H of the Banking Act 2009 [^F46 or within the meaning of paragraph 145 of Schedule 11 to the Financial Services and Markets Act 2023 , as appropriate ^F46] ), including planning for such action, corresponding to one or more functions exercisable by the Bank of England pursuant to Part 1 of the Banking Act 2009 [^F47 , the Bank Recovery and Resolution (No. 2) Order 2014 or Schedule 11 to the Financial Services and Markets Act 2023 ^F47] ; ^F21]
[^F48 “ UCITS information ” means confidential information received by the FCA in the course of discharging its functions as the United Kingdom authority under the Undertakings for Collective Investment in Transferable Securities Regulations 2011 ; ^F48]
^F49 ...
^F49 ... [^F50, and

any reference to an EU regulation, or part of an EU regulation, is to be read as a reference to that EU regulation, or that part of an EU regulation, as amended from time to time.^F50]

PART II DISCLOSURE OF CONFIDENTIAL INFORMATION GENERALLY _cross-notes

Disclosure by and to the [^F51regulators^F51] , the Secretary of State and the Treasury etc.

3.—(1) A disclosure of confidential information is permitted when it is made to any person—

[^F52 (a)by one of the regulators or a regulator worker for the purposes of enabling or assisting the person making the disclosure to discharge any public functions of that regulator or (if different) the regulator worker;^F52]

(b)by the Secretary of State or a Secretary of State worker for the purpose of enabling or assisting the person making the disclosure to discharge any public functions of the Secretary of State or (if different) of the Secretary of State worker;

(c)by the Treasury for the purpose of enabling or assisting the Treasury to discharge any of their public functions;

[^F53 (d)by one of the regulators or a regulator worker to one of the other regulators or a regulator worker employed or instructed by one of the other regulators for the purpose of enabling or assisting the recipient to discharge any public functions of the regulator or (if different) the regulator worker.^F53]

(2) A disclosure of confidential information is permitted when it is made by any primary recipient, or person obtaining the information directly or indirectly from a primary recipient, to [^F54one of the regulators^F54] , the Secretary of State or the Treasury for the purpose of enabling or assisting [^F55that regulator^F55] , the Secretary of State or the Treasury (as the case may be) to discharge any of its, his or their public functions.

(3) Paragraphs (1) and (2) do not permit disclosure in contravention of any of the [[^F56^,^F57 assimilated^F57] law restrictions^F56] .

Disclosure for the purposes of criminal proceedings and investigations

4. A primary recipient of confidential information, or a person obtaining such information directly or indirectly from a primary recipient, is permitted to disclose such information to any person—

(a)for the purposes of any criminal investigation whatever which is being or may be carried out, whether in the United Kingdom or elsewhere;

(b)for the purposes of any criminal proceedings whatever which have been or may be initiated, whether in the United Kingdom or elsewhere; or

[^F58 (ba)for the purposes of any proceedings under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 which have been, or may be initiated;^F58]

(c)for the purpose of initiating or bringing to an end any such investigation or proceedings, or of facilitating a determination of whether it or they should be initiated or brought to an end.

Disclosure for the purposes of certain other proceedings_cross-notes

5.—(1) Subject to paragraphs (4) and (5), a primary recipient of confidential information, or a person obtaining such information directly or indirectly from a primary recipient, is permitted to disclose such information to—

(a)a person mentioned in paragraph (3) for the purpose of initiating proceedings to which this regulation applies, or of facilitating a determination of whether they should be initiated; or

(b)any person for the purposes of proceedings to which this regulation applies and which have been initiated, or for the purpose of bringing to an end such proceedings, or of facilitating a determination of whether they should be brought to an end.

(2) A person mentioned in paragraph (3) (or a person who is employed by [^F59one of the regulators^F59] or the Secretary of State) is permitted to disclose confidential information to any person for a purpose mentioned in paragraph (1)(a).

(3) The persons referred to in paragraphs (1)(a) and (2) are—

(a)[^F60 the regulators^F60] ;

(b)the Secretary of State; and

(c)[^F61 the Department for the Economy in Northern Ireland^F61] .

(4) This regulation does not permit the disclosure of information with a view to the institution of, or in connection with, proceedings of the kind referred to in paragraph (6)(e) to the extent that—

(a) the information relates to an authorised person, former authorised person or former regulated person (“A");

(b) the information also relates to another person (“B") who, to the knowledge of the primary recipient (or person obtaining confidential information directly or indirectly from him), is or has been involved in an attempt to rescue A, or A’s business, from insolvency or impending insolvency; and

(c)B is not a director, controller or manager of A.

(5) This regulation does not permit disclosure in contravention of any of the [[^F62^,^F63 assimilated^F63] law restrictions^F62] .

(6) The proceedings to which this regulation applies are—

(a)^M12^,^M13^,^M14^,^M15^,^M16^,^M17^,^M18^,^M19civil proceedings arising under or by virtue of the Act, an enactment referred to in section 338 of the Act, the Banking Act 1979 , the Friendly Societies Act 1974 , the Insurance Companies Act 1982 , the Financial Services Act 1986 , the Building Societies Act 1986 , the Banking Act 1987 , the Friendly Societies Act 1992 or the Investment Services Regulations 1995 ;

(b)proceedings before the Tribunal;

(c)any other civil proceedings to which [^F64one of the regulators^F64] is, or is proposed to be, a party;

(d)^M20^,^M21proceedings under section 7 or 8 of the Company Directors Disqualification Act 1986 or article 10 or 11 of the Companies (Northern Ireland) Order 1989 in respect of a director or former director of an authorised person, former authorised person or former regulated person; or

(e)^M22^,^M23^,^M24proceedings under Parts I to VI or IX to X of the Insolvency Act 1986 , the Bankruptcy (Scotland) Act 1985 or Parts II to VII or IX or X of the Insolvency (Northern Ireland) Order 1989 in respect of an authorised person, former authorised person or former regulated person.

Disclosure in pursuance of [^F65 an EU^F65] obligation

^F666. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on use of confidential information

7. Where confidential information is disclosed under these Regulations to a person other than [^F67the FCA, the PRA,^F67] , the Secretary of State, the Treasury or the Bank of England, and the disclosure is made subject to any conditions as to the use to which the information may be put, the person to whom the information has been disclosed may not use the information in breach of any such condition, without the consent of the person who disclosed it to him.

PART III ^F69 DISCLOSURE OF [^F68SPECIFIED CONFIDENTIAL EU LAW INFORMATION^F68] ...

[^F70 Application of this Part _cross-notes

8. This Part applies to—

(a)[^F71 specified confidential EU law information^F71] ; ^F72...

(b)markets in financial instruments ^F73... information, where that information has been received [^F74 from a third country regulatory authority under a cooperation agreement; and^F74]

^F75(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F76 (d)recovery and resolution ^F77... information^F76] ^F78...

^F79^,^F80(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F81(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F70]

Disclosure by [^F82regulators or regulator workers^F82] to certain other persons_cross-notes

^F839.—(1) Subject to paragraphs (2) ... [^F84 , (3A) [^F85 , (3C)^F85] ^F83... ^F83... ^F83... [^F86 , ^F87...^F86] [^F88 (4) and (5)^F88^,^F84]] , [^F89any of the regulators or a regulator worker^F89] is permitted to disclose information to which this Part applies to a person specified in the first column in Schedule 1 for the purpose of enabling or assisting that person to discharge any of the functions listed beside him in the second column in that Schedule.

[^F90 (1A) A regulator or a person who is employed by a regulator may disclose confidential information if it is necessary to do so in order to publish the outcome of a stress test conducted in respect of a credit institution or investment firm ^F91....^F90]

(2) Paragraph (1) does not permit disclosure to a person specified in the first column in Part 3 of Schedule 1 unless [^F92the conditions in paragraphs (2ZA), (2B) [^F93 or (2C)^F93] are met^F92] .

[^F94 (2ZA) The condition in this paragraph is that the disclosure is provided for by a cooperation agreement of the kind referred to in—

(a)[^F95 article 88^F95] of the markets in financial instruments directive;

[^F96 (b)article 55 of the capital requirements directive;^F96]

[^F97 (c)article 66 of the Solvency 2 Directive;^F97]

^F98(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)article 102.3 of the UCITS directive; ^F99...

^F98(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F94]

[^F100 reading the relevant provisions in those directives as if—

(i)requirements imposed on a Member State or an EU entity are to be read as if they are requirements imposed on the United Kingdom or, where relevant, a primary recipient;

(ii)a restriction on the disclosure of confidential information to a person in a third country applies to any disclosure of confidential information to any person in a country or territory outside the United Kingdom;

(iii)a requirement to seek the consent of an EU entity only applies where an equivalent requirement applies in relation to an equivalent entity in a third country; and

(iv)for the purposes of sub-paragraph (ii) a reference to a person in a third country, which is a third country regulatory authority, is to be read as including an ESA and the ESRB.^F100]

^F101(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F102 (2B) The conditions in this paragraph are that—

[^F103 (a)the disclosure is made in accordance with Chapter V of the [^F104 UK GDPR^F104] ;^F103] [^F105 and^F105]

(b)the regulator or regulator worker is satisfied that the disclosure is necessary for the purpose of complying with

[^F106 (i)requirements imposed on the regulator in the exercise of its functions under the Act which correspond to the functions under the Alternative Investment Fund Managers Regulations 2013;

(ii)EU tertiary legislation (within the meaning of section 20 of the European Union (Withdrawal) Act 2018) made under the alternative investment fund managers directive which forms part of [^F107 assimilated^F107] law; and

(iii)rules made by the FCA under the Act that were in force immediately before IP completion day to implement the alternative investment fund managers directive.^F106]

^F108(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F102]

[^F109 (2C) The condition in this paragraph is that—

(a)the disclosure is of recovery and resolution information;

(b)the disclosure is to a third country resolution authority;

(c)the third country resolution authority is subject to restrictions on the disclosure of confidential information at least equivalent, in the opinion of the Bank of England, to the restrictions on the Bank of England in relation to its functions under Part 1 of the Banking Act 2009 [^F110 , the Bank Recovery and Resolution (No. 2) Order 2014 or Schedule 11 to the Financial Services and Markets Act 2023^F110] ; and

(c)the information—

(i)is necessary for the performance by the third country resolution authority of its functions in relation to a third country resolution action (within the meaning of section 89H of the Banking Act 2009 [^F111 or within the meaning of paragraph 145 of Schedule 11 to the Financial Services and Markets Act 2023, as appropriate^F111] ) including planning for such action, corresponding to one or more of the functions exercisable by the Bank of England pursuant to Part 1 of the Banking Act 2009 [^F112 , the Bank Recovery and Resolution (No. 2) Order 2014 or Schedule 11 to the Financial Services and Markets Act 2023^F112] ; and

(ii)is not used for any other purpose.^F109]

^F113(2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F114(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F115 (3A) Paragraph (1) does not permit disclosure of markets in financial instruments information to a person specified in the first column of Schedule 1 other than a person listed in paragraph (3B) where that information—

[^F116 (a)was obtained from a third country regulatory authority under a cooperation agreement; and^F116]

(b)that authority indicated at the time of communication that such information must not be disclosed,

unless that authority has given its express consent to the disclosure.

(3B) The persons are—

(a)the Bank of England,

^F117(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the central bank of any country or territory outside the United Kingdom, ^F118...

(d)a body (other than a central bank) ^F119... outside the United Kingdom having—

(i)functions as a monetary authority; or

(ii)responsibility for overseeing payment systems^F115] ,

^F120(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F121(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F122 (3C) Paragraph (1) does not permit disclosure of UCITS ^F123... information to a person specified in the first column of Schedule 1 other than a person listed in paragraph (3D) where that information—

(a)was obtained from [^F124 a third country regulatory authority^F124] under a cooperation agreement referred to in Article 102 of [^F125 the UCITS directive, reading the provisions in Article 102 of that directive as if the requirements imposed on a Member State were requirements imposed on the regulator^F125] , and

(b)that authority indicated at the time of communication that such information must not be disclosed,

unless that authority has given its express consent to the disclosure.

(3D) The persons are—

(a)the Bank of England;

(b)[^F126 a central bank^F126] outside the United Kingdom;

(c)a recognised investment exchange;

(d)an auditor exercising functions conferred by or under the Act in relation to insurance undertakings, credit institutions, investment firms or other financial institutions;

^F127(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F122]

^F128(3E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F129(3EA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F130(3F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F131(3G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F132 (4) Paragraph (1) does not permit disclosure in breach of any restriction on the disclosure of confidential information in Section 2 of Chapter 1 of Title 7 of the capital requirements directive reading those provisions in that directive as follows—

(a)the requirements imposed on a Member State or an EU entity are to be read as if they are requirements imposed on the United Kingdom or, where relevant, a primary recipient;

(b)a restriction on the disclosure of confidential information to a person in a third country applies to any disclosure of confidential information to any person in a country or territory outside the United Kingdom;

(c)a requirement to seek the consent of an EU entity applies only where an equivalent requirement applies in relation to an equivalent entity in a third country; and

(d)for the purposes of sub-paragraph (b) a reference to a person in a third country, which is a third country regulatory authority, is to be read as including an ESA and the ESRB.^F132]

[^F133 (4A) Paragraph (4) does not apply where regulation 10C applies to the disclosure of confidential information.^F133]

[^F134 (5) Paragraph (1) does not permit the disclosure of recovery and resolution ^F135... information to any person unless the assessment required in regulation 10B has been carried out.^F134]

[^F136 (6) In this regulation, “ the UK GDPR ” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act). ^F136]

Disclosure by Schedule 1 person

10. A person specified in the first column in Schedule 1 is permitted to disclose information to which this Part applies for the purpose of enabling or assisting him to discharge any of the functions listed beside him in that Schedule.

[^F137Disclosure of recovery and resolution ^F138... information

10A.—(1) The Bank of England may disclose recovery and resolution ^F139... information to any person for the purpose of enabling the Bank to prepare for and carry out the functions given to it under—

(a)Parts 1, 2 and 3 of the Banking Act 2009, ^F140...

(b)the Investment Bank Special Administration Regulations 2011, [^F141 or^F141]

[^F142 (c)Schedule 11 to the Financial Services and Markets Act 2023,^F142]

provided that any such disclosure is made subject to the conditions in paragraph (2), and following the assessment required in regulation 10B.

(2) A disclosure made by the Bank of England under paragraph (1) must be made subject to—

(a)a requirement that the information disclosed is kept confidential and not disclosed to any other person without the consent of the Bank; and

(b)restrictions imposed by the Bank as to the way in which the information may be used.

(3) A resolution administrator appointed under section 62B of the Banking Act 2009 may disclose recovery and resolution ^F143... information to a regulator.^F137]

[^F137Assessment of effects of disclosure

10B.—(1) Before any disclosure is made of recovery and resolution ^F144... information the person disclosing that information must—

(a)assess the possible effects of disclosing the information in question on—

(i)the public interest in relation to financial, monetary or economic policy;

(ii)the commercial interests of natural and legal persons;

(iii)the purpose of any investigation, inspection or audit to which the information is relevant; and

(b)where the information in question relates to the recovery plan or resolution plan of any undertaking, assess the effects of the disclosure of any part of that recovery plan or resolution plan.

(2) In this regulation—

[^F145 “ recovery plan ” means a recovery plan or a group recovery plan as those terms are defined in the Bank Recovery and Resolution (No.2) Order 2014 [^F146 (“ the 2014 Order ”) or in paragraph 2 of Schedule 11 to the Financial Services and Markets Act 2023 ^F146] ; and ^F145]

[^F145 “ resolution plan ” means a resolution plan or a group resolution plan as those terms are defined in [^F147 the 2014 Order, or as defined in paragraph 4 of Schedule 11 to the Financial Services and Markets Act 2023 ^F147] . ^F145^,^F137]]

[^F148Disclosure of capital requirements directive information to International Financial Institutions

10C.—(1) Subject to the conditions in paragraph (2), the PRA or a PRA worker is permitted to disclose capital requirements directive information to an organisation specified in the first column of Part 6 of Schedule 1 for the purpose of enabling or assisting that organisation to discharge any of the functions listed beside it in the second column of Part 6 of Schedule 1.

(2) The conditions are as follows—

(a)the organisation must make an explicit request for the confidential information;

(b)the request is precise as to the nature, scope and format of the confidential information and the means of its disclosure or transmission;

(c)the confidential information requested is necessary for the performance of the specific tasks of the organisation making the request and does not go beyond the functions conferred on that organisation;

(d)the organisation making the request justifies it by reference to its tasks; and

(e)to the extent that the disclosure of confidential information involves processing of personal data, any processing of personal data by the organisation making the request complies with the UK GDPR.

(3) In this regulation, “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act). ^F148]

[^F149Disclosure of information in order to publish a stress test in relation to insurance undertakings and reinsurance undertakings

10D. The PRA or a person who is employed by the PRA may disclose confidential information if it is necessary to do so in order to publish the outcome of a stress test conducted in respect of an insurance undertaking, which is also a UK Solvency II Firm as defined by the PRA rules, or a reinsurance undertaking, which is also a UK Solvency II firm as defined by the PRA rules.^F149]

PART IV DISCLOSURE OF CONFIDENTIAL INFORMATION NOT SUBJECT TO [[^F150^,^F151ASSIMILATED^F151] LAW RESTRICTIONS^F150] _cross-notes

Application of this Part_cross-notes

11. This Part applies to confidential information other than—

(a)[^F152 specified confidential EU law information^F152] ;

^F153(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F154(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F155 (d)markets in financial instruments ^F156... information, where that information has been received [^F157 from a third country regulatory authority under a cooperation agreement unless that authority has given its express consent for disclosure that is covered by this Part;^F157]

[^F158 (e)UCITS^F159... information, where that information has been received [^F160 from a third country regulatory authority under a cooperation agreement unless that authority has given its express consent for disclosure that is covered by this Part;^F160]

^F161(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F162(fa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F163 (g)recovery and resolution ^F164... information^F163] ;

^F165(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F158^,^F155]]

Disclosure by and to a Schedule 1 or 2 person or disciplinary proceedings authority

12.—(1) A primary recipient of information to which this Part applies, or a person obtaining such information directly or indirectly from a primary recipient, is permitted to disclose such information to—

(a)a person specified in the first column in Schedule 1 or 2 for the purpose of enabling or assisting that person to discharge any function listed beside him in the second column in Schedule 1 or 2; or

(b)a disciplinary proceedings authority for the purposes of any prescribed disciplinary proceedings which have been or may be initiated, or for the purpose of initiating or bringing to an end any such proceedings, or of facilitating a determination of whether they should be initiated or brought to an end.

(2) A person specified in the first column in Schedule 1 or 2 is permitted to disclose information to which this Part applies to any person for the purpose of enabling or assisting the person making the disclosure to discharge any function listed beside him in the second column in Schedule 1 or 2.

(3) A disciplinary proceedings authority is permitted to disclose information to which this Part applies to any person for any of the purposes mentioned in paragraph (1)(b).

[^F166 (3A) This regulation does not permit disclosure of short selling information to a person specified in the first column in Part 3 of Schedule 1 unless the disclosure is in accordance with paragraph (3B) or a cooperation arrangement on the exchange of data and information with that person.

(3B) The FCA may disclose short selling information to a person specified in the first column in Part 3 of Schedule 1 where—

(a)the disclosure does not contravene Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data or the Data Protection Act 2018,

(b)the FCA is satisfied that the disclosure is necessary for the purposes of the Short Selling Regulations 2025, and

(c)any such disclosure is made under agreement that the person shall not disclose the data to the supervisory authority of another country without the express written authorisation of the FCA.

(3C) Where the short selling information has been received from the supervisory authority of another country, the FCA may disclose the information to another person specified in the first column in Part 3 of Schedule 1 only where—

(a)the FCA has obtained the express agreement of the person which transmitted the information, and

(b)where applicable, the information is disclosed solely for the purposes for which that person gave its agreement.^F166]

[^F167 (4)[^F168 This regulation does not permit disclosure of short selling regulation information to a person specified in the first column in Part 3 of Schedule 1 unless the disclosure is in accordance with article 40 of the short selling regulation or a cooperation arrangement of the kind referred to in article 38 of the short selling regulation.^F168^,^F167]]

[^F169 (5) This regulation does not permit the disclosure of information if—

(a)the information is confidential information received by the FCA in the course of discharging its functions as a competent authority under the market abuse regulation or any directly applicable EU regulation made under the market abuse regulation; and

(b)the disclosure of the information contravenes the market abuse regulation.^F169]

[^F170 (6) This regulation does not permit disclosure of the EU Benchmarks Regulation 2016 information which has been received from another competent authority unless the disclosure is in accordance with Article 38 of the EU Benchmarks Regulation 2016.^F170]

[^F171The Gambling Commission^F171]

[^F172 12A. The [^F173 Gambling^F173] Commission may disclose information to which this Part applies to [^F174 the Comptroller and Auditor General^F174] for the purpose of enabling or assisting the Comptroller and Auditor General to carry out an examination under Part II of the National Audit Act 1983 in relation to the Commission.^F172]

Electronic commerce

^F17512B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F176Proceedings under the Proceeds of Crime Act 2002^F176]

[^F177 12C. A primary recipient of information to which this Part applies, or a person obtaining such information directly or indirectly from a primary recipient is permitted to disclose such information to any person for the purposes of any proceedings under the Proceeds of Crime Act 2002 which have been or may be initiated.^F177]

[^F178Disclosure of information in order to publish a stress test in relation to insurance undertakings and reinsurance undertakings

12D. The PRA or a person who is employed by the PRA may disclose confidential information if it is necessary to do so in order to publish the outcome of a stress test conducted in respect of an insurance undertaking, which is also a UK Solvency II Firm as defined by the PRA rules, or a reinsurance undertaking, which is also a UK Solvency II Firm as defined by the PRA rules.^F178]

PART V

[^F179CHAPTER 1 Transitional Provisions Applicable Before IP completion day^F179]

Interpretation

13. In this Part—

[^F180 “the Authority” means the Financial Services Authority; ^F180]
[^F181 “ EEA competent authority ” has the meaning given in regulation 2 of these Regulations as it had effect immediately before IP completion day; ^F181]
“pre-commencement information" means information which is subject to restrictions (with or without qualifications or exceptions) on disclosure by virtue of a pre-commencement provision;
“pre-commencement provision" means—
(a)
any provision in—
(i)
^M25 Schedule 2B to the Insurance Companies Act 1982 ;

(ii)
^M26 Part VIII of the Financial Services Act 1986 ;

(iii)
^M27 Part V of the Banking Act 1987 ; or

(iv)
SRO rules;

which imposes restrictions on the disclosure of information, or creates exceptions or qualifications to such restrictions; or

(b)
^M28 regulation 48 of the Investment Services Regulations 1995 ;
“recognised self-regulating organisation" means a body which immediately before the coming into force of section 348 of the Act was a recognised self-regulating organisation within the meaning of section 8(1) of the Financial Services Act 1986 , or a recognised self-regulating organisation for friendly societies within the meaning of Schedule 11 to that Act;
[^F182 “ single market information ” has the meaning given in regulation 2 of these Regulations as it had effect immediately before IP completion day; ^F182]
[^F183 “ single market restrictions ” has the meaning given in regulation 2 of these Regulations as it had effect immediately before IP completion day; ^F183]
“SRO rules" means the rules of a recognised self-regulating organisation;
“transitional information" means information which immediately before the coming into force of section 19 of the Act was subject to restrictions on disclosure by virtue of a pre-commencement provision.

Disclosure of pre-commencement information

14.—(1) Before the coming into force of section 19 of the Act, each pre-commencement provision is to be treated as permitting the disclosure of pre-commencement information—

(a)in accordance with regulation 3(1) as if it were confidential information;

(b)to the Authority, the Secretary of State or the Treasury for the purpose referred to in regulation 3(2);

(c)to any person for the purposes referred to in regulation 4; and

(d)to—

(i)a person mentioned in regulation 5(3) for the purpose referred to in regulation 5(1)(a); or

(ii)any person for the purposes referred to in regulation 5(1)(b),

but only if the proceedings in question are of the kind referred to in regulation 5(6)(a), (b) or (c).

(2) Paragraph (1) is not to be taken as—

(a)precluding disclosure of pre-commencement information where that is otherwise permitted under the pre-commencement provision in question; or

(b)permitting disclosure in contravention of any of the [^F184single market restrictions^F184] .

Disclosure of transitional information

15.—(1) After the coming into force of section 19 of the Act, sections 348, 349 and 352 of the Act apply in relation to transitional information in the same way as they apply in relation to confidential information within the meaning of section 348(2) of the Act.

(2) Paragraph (1) does not apply to transitional information which—

(a)has been made available to the public by virtue of being disclosed in any circumstances in which, or for any purposes for which, disclosure is not precluded by section 348 of the Act or a pre-commencement provision; or

(b)satisfies the criterion set out in section 348(4)(b) of the Act.

(3) For the purposes of sections 348 and 349 of the Act as they apply by virtue of paragraph (1)—

(a)a person who holds transitional information is to be treated as a primary recipient of the information if he—

(i)^M29obtained it as mentioned in paragraph 1(2) or 5(1)(a) of Schedule 2B to the Insurance Companies Act 1982 ;

(ii)^M30was a primary recipient of the information for the purposes of section 179 of the Financial Services Act 1986 ;

[^F185 (iia)obtained or received it as mentioned in subsection (5) of that section;^F185]

(iii)^M31received it as mentioned in section 82(1)(a) of the Banking Act 1987 ; or

(iv)^M32received it as mentioned in regulation 48(1) of the Investment Services Regulations 1995 ;

(b)any other person who holds transitional information is to be treated as having obtained the information directly or indirectly from a primary recipient.

^F187^,^F187(4) Transitional information which is subject to [^F186single market restrictions^F186] ... is to be treated for the purposes of these Regulations as [^F188single market information^F188] ....

(5) Part IV of these Regulations does not apply to transitional information which is subject to [^F189single market restrictions^F189] imposed by [^F190article 107.3^F190] of the listing particulars directive.

Disclosure by recognised self-regulating organisations

16. If a recognised self-regulating organisation discloses any information to the Authority for the purpose of enabling or assisting the Authority to discharge functions corresponding to functions of the organisation, the disclosure is not to be taken as a contravention of any duty to which the organisation is subject.

[^F191Investment services directive information: transitional provision

17. In these Regulations confidential information received by the Authority in the course of discharging its functions as an EEA competent authority under Council Directive 93/22/EEC of 10th May 1993 on investment services in the securities field shall be deemed to have been received by the Authority in the course of discharging its functions as an EEA competent authority under [^F192 Directive 2004/39/EC of the European Parliament and of the Council of 21st April 2004 on markets in financial instruments^F192] .^F191]

[^F193CHAPTER 2 Transitional Provision Applicable on or after IP completion day

Transitional provision applicable on or after IP completion day

18. Confidential information received before IP completion day by a primary recipient or any person obtaining the information directly or indirectly from a primary recipient shall continue to be treated, on or after IP completion day, as if that information had been received by that person in accordance with the relevant EU Regulations, directives or these Regulations as they had effect immediately before IP completion day.^F193]

Gordon Brown

David Jamieson

Two of the Lords Commissioners of Her Majesty’s Treasury

15th June 2001

Regulations 9, 10 and 12

SCHEDULE 1 DISCLOSURE OF CONFIDENTIAL INFORMATION WHETHER OR NOT SUBJECT TO [[^F194^,^F195ASSIMILATED^F195] LAW RESTRICTIONS^F194] _cross-notes

PART 1 _cross-notes

Person	Functions
The Bank of England, the European Central Bank or the central bank of any country or territory outside the United Kingdom	(a)Its functions as a monetary authority (b)Its functions in relation to overseeing payment systems [^F196, clearing and settlement systems and central securities depositories within the meaning of the CSD regulation^F196]
[^F197 The Bank of England	Its functions under Parts 1, 2 and 3 of the Banking Act 2009 [^F198 , under the Investment Bank Special Administration Regulations 2011 and under Schedule 11 to the Financial Services and Markets Act 2023^F198^,^F197]]
[^F199 The FCA	The functions conferred on it by or under the Act^F199]
[^F200 The PRA	The functions conferred on it by or under the Act^F200]
A body (other than a central bank) in a country or territory outside the United Kingdom having (a) functions as a monetary authority or (b) responsibility for overseeing payments systems	Its functions as such
A recognised investment exchange (other than an overseas investment exchange)	Its functions as such
The body known as the Panel on Takeovers and Mergers	All of its functions
The Society of Lloyd’s	Its regulatory functions
^F201 . . .	^F201 . . .
[[^F202^,^F203 The Competition and Markets Authority^F203]	(a)Its functions under the Act (b)Its functions under any other enactment in so far as they relate to the supervision of: (i)former authorised persons or persons who have carried on former regulated activities; or (ii)persons carrying on, or who have carried on, regulated activities [^F204 ; or (iii) financial organisations within the meaning of [^F205 article 56(a) of the capital requirements directive^F205^,^F204]]
An official receiver appointed under section 399 of the Insolvency Act 1986 ^M33 , or an official receiver for Northern Ireland appointed under article 355 of the Insolvency (Northern Ireland) Order 1989	^M34 His functions under enactments relating to insolvency, in so far as they relate to: (i)former authorised persons or persons who have carried on former regulated activities; or (ii)persons carrying on, or who have carried on, regulated activities; [^F206 or (iii) banking group companies (as defined in section 81D of the Banking Act 2009)^F206] [^F207 ; or^F207] [^F208 (iv) CCP group companies (as defined in paragraph 156 of Schedule 11 to the Financial Services and Markets Act 2023)^F208]
[^F209 A person appointed in judicial or administrative proceedings in [^F210 the United Kingdom or a country or territory outside the United Kingdom^F210] , pursuant to a law relating to insolvency, to administer the reorganisation or the liquidation of a debtor's assets or affairs	[^F211 That person’s functions in so far as they relate to: (i)former authorised persons or persons who have carried on former regulated activities; (ii)persons carrying on, or who have carried on, regulated activities; or (iii)banking group companies (as defined in section 81D of the Banking Act 2009)^F211^,^F209]] [^F212 ; or^F212] [^F213 (iv) CCP group companies (as defined in paragraph 156 of Schedule 11 to the Financial Services and Markets Act 2023)^F213]
The scheme manager	Its functions under Part XV of the Act
^F214 . . .	^F214 . . .
A designated professional body within the meaning of Part XX of the Act	Its functions as such
A body which was, immediately before the coming into force of section 19 of the Act, a recognised professional body within the meaning of the Financial Services Act 1986	^M35 Its functions as such under that Act or under the Act
A person appointed to make a report under section 166 [^F215 or 166A^F215] of the Act	His functions as such
A person appointed to conduct an investigation under section 167 or section 168(3) or (5) of the Act	His functions as such
An auditor exercising functions conferred by or under the Act	Those functions
An auditor of an authorised person [[^F216^,^F217 , a CCP, a banking group company^F217] (as defined in section 81D of the Banking Act 2009)^F216] [^F218 or a CCP group company (as defined in paragraph 156 of Schedule 11 to the Financial Services and Markets Act 2023)^F218] appointed under or as a result of an enactment (other than the Act)	His functions as such
[^F219 A person appointed to carry out a statutory audit of a company [^F220 in accordance with the law of the United Kingdom in force immediately before IP completion day that implemented^F220] Article 2.1 of Directive 2006/43/EC of the European Parliament and of the Council of 17th May 2006 on statutory audits and consolidated accounts	That person's functions as such^F219]
An actuary exercising functions conferred by or under the Act	Those functions
A person appointed as an inspector under section 49 of the Industrial and Provident Societies Act 1965	^M36 His functions as such
A person appointed as an inspector under section 18 of the Credit Unions Act 1979	^M37 His functions as such
A person appointed to make a report under section 52(5)(d) of the Building Societies Act 1986	^M38 His functions as such
A person appointed as an investigator under section 55 of the Building Societies Act 1986 or as an inspector under section 56 of that Act	^M39 His functions as such
A person appointed to make a report under section 62(3)(d) of the Friendly Societies Act 1992	^M40 His functions as such
A person appointed as an investigator under section 65 of the Friendly Societies Act 1992 ^M41 or as an inspector under 66 of that Act	His functions as such
A recognised supervisory body within the meaning of [^F221 Part 42, Chapter 2 of the Companies Act 2006^F221]	(a)Its functions as such a body under that Part (b)Its functions in relation to disciplinary proceedings against auditors
A qualifying body as defined by [^F222 section 1220 of the Companies Act 2006^F222]	Its functions as such
The Institute of Actuaries or the Faculty of Actuaries	[^F223 Their supervisory functions in relation to the exercise by an actuary of his professional duties, including the conduct of disciplinary proceedings and determining whether to institute or terminate such proceedings^F223]
A recognised professional body within the meaning of section 391 of the Insolvency Act 1986 or article 350 of the Insolvency (Northern Ireland) Order 1989	(a)Its functions as such a body under that Act or that Order (b)Its functions in relation to disciplinary proceedings against insolvency practitioners
[^F224 The Department for the Economy in Northern Ireland^F224]	(a)Its functions under Part V of the Companies (No. 2) (Northern Ireland) Order 1990 (financial markets and insolvency) ^M42 (b)Its functions under Part XII of the Insolvency (Northern Ireland) Order 1989 (c)Its functions under any other enactment in so far as they relate to the supervison of: (i)former authorised persons or persons who have carried on former regulated activities; or (ii)persons carrying on, or who have carried on, regulated activities
[^F225 The Pensions Regulator^F225]	[^F226 Its functions as such^F226] in so far as they relate to the supervision of: (i)former authorised persons or persons who have carried on former regulated activities; or (ii)persons carrying on, or who have carried on, regulated activities
The Charity Commissioners for England and Wales	Their functions under any enactment in so far as they relate to the supervision of: (i)former authorised persons or persons who have carried on former regulated activities; or (ii)persons carrying on, or who have carried on, regulated activities
[^F227 The investigator appointed under section 84 of the Financial Services Act 2012^F227]	His functions as such
[^F228 A person appointed by the Treasury to hold an inquiry into matters relating to financial services (including an inquiry under [^F229 section 68 of the Financial Services Act 2012^F229] ), or an officer or member of staff of such an inquiry	His functions in carrying out the inquiry and reporting to the Treasury^F228]
^F230 . . .	^F230 . . .
[^F231 A person upon whom functions are conferred by or under Part 2, 3 or 4 of the Proceeds of Crime Act 2002	Those functions^F231]
[^F232 A person authorised by the Secretary of State for the purposes of [^F233 section 456 of the Companies Act 2006^F233]	His functions as such^F232]
[^F234 Any body carrying on activities concerned with any of the matters set out in section 16(2) of the Companies (Audit, Investigations and Community Enterprise) Act 2004	Its functions as such^F234]
[^F234 Any body carrying on activities concerned with any of the matters set out in section 14 of the Companies (Audit, Investigations and Community Enterprise) Act 2004	Its functions as such^F234]
[^F234 The Financial Reporting Council and its operating bodies	Their supervisory functions in relation to the exercise by an actuary of his professional duties, the conduct of disciplinary proceedings and determining whether to institute or terminate such proceedings^F234]
^F235 . . .	^F235 . . .
^F236 . . .	^F236 . . .
^F237 . . .	^F237 . . .
[^F238 The Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013	All of its functions^F238]
[^F239 The Comptroller and Auditor General	(a) That person’s function under section 6 of the National Audit Act 1983 of carrying out examinations into the economy, efficiency and effectiveness with which the FCA has used its resources in discharging its functions (b) That person’s function of carrying out examinations under section 7D of the Bank of England Act 1998^F239]
[^F239 The National Audit Office	Functions for which it is responsible by virtue of section 22 of, and Schedule 3 to, the Budget Responsibility and National Audit Act 2011 in relation to— (i) examinations under section 6 of the National Audit Act 1983 in respect of the FCA; or (ii) examinations under section 7D of the Bank of England Act 1998^F239]
[^F240 The Information Commissioner	All functions of that person so far as they are exercisable in relation to the provision of claims management services (within the meaning given in regulation 21A of the Privacy and Electronic Communications (EC Directive) Regulations 2003)^F240]
^F241 . . .	^F241 . . .
^F242 . . .	^F242 . . .
^F243 . . .	^F243 . . .
[^F244 The registry administrator of the registry of emissions trading scheme registers established for the purposes of paragraph 23 of Schedule 2 to the Climate Change Act 2008	its functions as such^F244]
[^F245 A person appointed under section 377G of the Act to act as the manager of a write-down order	That person’s functions in relation to the write-down order^F245^,^F202]]

PART 2

^F246 ...
^F246 . . .	^F246 . . .
^F246 . . .	^F246 . . .
^F246 . . .	^F246 . . .
^F246 . . .	^F246 . . .

PART 3

Person	Functions
^F247 . . .	^F247 . . .
[^F248 A third country regulatory authority^F248]	Its functions as such
[[^F249^,^F250 A third country resolution authority^F250]	Its functions as such^F249]
[^F251 An authority responsible for maintaining the stability of the financial system in a third country or territory through macro-prudential regulation	Its functions as such^F251]
[^F252 A financial intelligence unit in a third country	Its functions as such^F252]
[^F252 An authority in a third country responsible for the application of rules on structural separation within a banking group	Its functions as such^F252]
[^F251 A reorganisation body or authority in a third country or territory whose aim is to protect the stability of the financial system	Its functions as such^F251]
[^F253 ACER	Its functions under Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency^F253]
[^F253 A body responsible, in a third country, for administering a deposit guarantee scheme recognised in accordance with the law of that country, or an investor-compensation scheme recognised in accordance with the law of that country.	Its functions as such^F253]
[^F253 A person in a third country appointed to carry out a statutory audit of a company in accordance with the law of that country.	That person's functions as such^F253]
[^F253 An investment exchange which has its head office in a third country, and which is recognised as an investment exchange under the law of that country.	Its functions as a supervisor of financial markets^F253]
[^F253 ESAs	Their functions under Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority) and Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority)^F253]
[^F247 ESRB	Its functions under Regulation (EU) No 1092/2010 of the European Parliament and the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board^F247]
[^F253 An authority responsible for maintaining the stability of the financial system in a third country through macro prudential regulation	Its functions as such.^F253]

PART 4

Person	Functions
An inspector appointed under Part XIV of the Companies Act 1985	His functions as such
A person authorised to exercise powers under section 447 of the Companies Act 1985	^M43 His functions as such
A person authorised under section 84 of the Companies Act 1989 to exercise on behalf of the Secretary of State powers conferred by section 83 of that Act	^M44 His functions as such
[^F254 The Department for the Economy in Northern Ireland^F254]	^M45 (a)Its functions under Part XV of the Companies (Northern Ireland) Order 1986 (investigation of companies and their affairs; requisition of documents) (b)Its functions under Part III of the Companies (Northern Ireland) Order 1990 (eligibility for appointment as company auditor) ^M46 (c)Its functions under the Companies (Northern Ireland) Order 1989 (disqualification of company directors)
^F255 . . .	^F255 . . .
^F256 . . .	^F256 . . .
A recognised clearing house (other than an overseas clearing house [^F257, ^F258... or a third country central counterparty (within the meaning of section 285(1)(d) of the Act)^F257] )	Its functions as a clearing house in so far as they are exercisable in relation to defaults or potential defaults by market participants
A person included on the list maintained by [^F259the Bank of England^F259] for the purposes of section 301 of the Act	His functions under settlement arrangements to which regulations made under that section relate
^M47 A person approved under the Uncertificated Securities Regulations 1995 as an operator of a relevant system (within the meaning of those Regulations)	His functions as such in so far as they are exercisable in relation to defaults or potential defaults by market participants
[^F260 A clearing house or other similar body which has its head office in [^F261 a third country^F261] , and which is recognised under the law of [^F262 that country^F262] as a provider of clearing or settlement services	Its functions in relation to defaults or potential defaults by market participants^F260]
[[^F263^,^F264 A third country central counterparty (within the meaning of section 285(1)(d) of the Act)^F264]	Its functions in relation to defaults or potential defaults by market participants^F263]
[^F265 A recognised CSD ^F266... or third country CSD (within the meaning of section 285(1)(e) ^F267... and (g) of the Act)	Its functions in relation to defaults or potential defaults by market participants^F265]

[^F268PART 5


^F269 . . .	^F269 . . .^F268]

[^F270PART 6

Organisation	Functions
International Monetary Fund	Its functions in relation to assessments for the Financial Sector Assessment Program
World Bank	Its functions in relation to assessments for the Financial Sector Assessment Program
Bank for International Settlements	Its functions in relation to quantitative impact studies
Financial Stability Board	Its surveillance functions^F270]

Regulation 12

SCHEDULE 2 DISCLOSURE OF CONFIDENTIAL INFORMATION NOT SUBJECT TO [[^F271^,^F272ASSIMILATED^F272] LAW RESTRICTIONS^F271] _cross-notes

Person	Functions
The Bank of England	All its public functions (so far as not mentioned in Schedule 1)
The International Monetary Fund	All its functions
^F273 . . .	^F273 . . .
[^F274 The Competition and Markets Authority^F274]	Its functions under any enactment (so far as not mentioned in Schedule 1)
^F275 . . .	^F275 . . .
A local weights and measures authority in Great Britain	Its functions as such under any enactment
^F276 . . .	^F276 . . .
The Department of Enterprise, Trade and Investment in Northern Ireland	^M48 (a)Its functions under Part V of the Companies (No. 2) (Northern Ireland) Order 1990 (Financial Markets and Insolvency) ^M49 (b)It functions under Part XII of the Insolvency (Northern Ireland) Order 1989 (c)Its functions under any other enactment (so far as not mentioned in Schedule 1) (d)Its functions as a weights and measures authority for Northern Ireland
A recognised clearing house (other than an overseas clearing house ^F277[^F278... or a third country central counterparty (within the meaning of section 285(1)(d) of the Act)^F278] )	Its functions as such (so far as not mentioned in Schedule 1)
[^F279 The registry administrator of the registry of emissions trading scheme registers established for the purposes of paragraph 23 of Schedule 2 to the Climate Change Act 2008	Its functions as such^F279]
[^F280 A recognised CSD ^F281... or third country CSD (within the meaning of section 285(1)(e) ^F282... and (g) of the Act)	Its functions as such (so far as not mentioned in Schedule 1)^F280]
[^F283 A person that is an Operator of a relevant system under the Uncertificated Securities Regulations 2001 (within the meaning of those regulations)^F283]	His functions as such (so far as not mentioned in Schedule 1)
The scheme operator	Its functions as such
The Chief Ombudsman appointed in accordance with paragraph 5 of Schedule 17 to the Act, and any other member of the panel of ombudsmen appointed in accordance with paragraph 4 of that Schedule	Their functions as such
An inspector appointed under section 284 of the Act	His functions as such
A person appointed in accordance with regulations made under section 262(1) of the Act to carry out an investigation in relation to an open-ended investment company	His functions as such
[^F284 The Pensions Regulator^F284]	[^F285 Its functions as such^F285] (so far as not mentioned in Schedule 1 to these Regulations)
The Charity Commissioners for England and Wales	Their functions under any enactment (so far as not mentioned in Schedule 1)
The Commissioners of Customs and Excise	Their functions under any enactment
[^F286 Office of Communications	Its functions under [^F287 any enactment^F287^,^F286]]
The Pensions Ombudsman	His functions under the Pension Schemes Act 1993 and the Pensions Act 1995
^F288 . . .	^F288 . . .
[^F289 A person upon whom functions are conferred by or under the Proceeds of Crime Act 2002	Those functions^F289]
[^F290 The Gambling Commission	Its functions as such^F290]
^F291 . . .	^F291 . . .
[^F292 The Gas and Electricity Markets Authority	Its functions under any enactment^F292]
[^F293 The monitor in relation to a moratorium under Part A1 of the Insolvency Act 1986	The monitor's functions in relation to the moratorium^F293]
[^F294 The monitor in relation to a moratorium under Part 1A of the Insolvency (Northern Ireland) Order 1989	The monitor's functions in relation to the moratorium^F294]
[^F295 The General Council of the Bar	Its functions as such^F295]
[^F295 The Law Society	Its functions as such^F295]
[^F295 The Chartered Institute of Legal Executives	Its functions as such^F295]
[^F295 The Faculty of Advocates	Its functions as such^F295]
[^F295 The Law Society of Scotland	Its functions as such^F295]
[^F295 The General Council of the Bar of Northern Ireland	Its functions as such^F295]
[^F295 The Law Society of Northern Ireland	Its functions as such^F295]
[^F295 The regulator of a foreign lawyer	Its functions as such^F295]

Regulation 2

SCHEDULE 3 PRESCRIBED DISCIPLINARY PROCEEDINGS _cross-notes

The following disciplinary proceedings are prescribed for the purposes of section 349(5)(d) of the Act—

(a)disciplinary proceedings relating to the exercise by a barrister, solicitor, auditor, accountant, valuer or actuary of his professional duties;

(b)disciplinary proceedings relating to the discharge of his duties by an officer or servant of—

(i)the Crown;

(ii)[^F296 any of the regulators^F296] ;

(iii)the body known as the Panel on Takeovers and Mergers;

(iv)the Charity Commissioners for England and Wales;

^F297(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi)the [^F298Competition and Markets Authority^F298] ;

(vii)^M50the Insolvency Practitioners Tribunal in relation to its functions under the Insolvency Act 1986 ;

(viii)^M51^,^M52the Occupational Pensions Board in relation to its functions under the Social Security Act 1973 and the Social Security Acts 1975 to 1986 ;

(ix)^M53^,^M54the organs of the Society of Lloyd’s being organs constituted by or under Lloyd’s Act 1982 in relation to their functions under Lloyd’s Acts 1871–1982 and the byelaws made thereunder of the Society of Lloyd’s;

(x)^M55the [^F299Gambling Commission^F299] in relation to [^F300its^F300] functions under the National Lottery etc. Act 1993 .

in force	Provision is in force
in force*	In force only for specified purposes (for detail about the purposes see/hover footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
italics	Defined term
_dfn	Defined term (alternative style)
gry bckgrd	the in-force status of the provision is complex, check the footnotes

Defined Term	Section/Article	ID
ACER	reg. 2. of PART I	def_a4c441e709
assimilated law restrictions	reg. 2. of PART I	def_878af79801
capital requirements directive information	reg. 2. of PART I	def_09e551af94
CCP	reg. 2. of PART I	def_47e755eec7
competent authority	reg. 2. of PART I	def_8449f16008
conglomerates directive	reg. 2. of PART I	def_f1fe1f2e57
criminal investigation	reg. 2. of PART I	def_dda634da02
disciplinary proceedings authority	reg. 2. of PART I	def_43bde941af
EEA competent authority	reg. 13. of CHAPTER 1 of PART V	def_ac9b2cb93a
ESAs	reg. 2. of PART I	def_de043bdc80
ESRB	reg. 2. of PART I	def_f3306c31eb
EU Benchmarks Regulation 2016	reg. 2. of PART I	def_14fff177b9
EU Benchmarks Regulation 2016 information	reg. 2. of PART I	def_39d6e781c5
EU entity	reg. 2. of PART I	def_c151c1cbf9
foreign lawyer	reg. 2. of PART I	def_c18f3cf0ad
former regulated activities	reg. 2. of PART I	def_d16740e98f
former regulated person	reg. 2. of PART I	def_18af2c4f46
market in financial instruments information	reg. 2. of PART I	def_51861d976e
PRA rules	reg. 2. of PART I	def_e3343e59f1
PRA worker	reg. 2. of PART I	def_8d56596dcf
pre-commencement information	reg. 13. of CHAPTER 1 of PART V	def_7121a4f6cd
pre-commencement provision	reg. 13. of CHAPTER 1 of PART V	def_e5b81b197a
prescribed disciplinary proceedings	reg. 2. of PART I	def_1fffc54829
recognised self-regulating organisation	reg. 13. of CHAPTER 1 of PART V	def_86710b8ff3
recovery and resolution information	reg. 2. of PART I	def_cfe69c405d
recovery plan	reg. 10B. of PART III	def_d4082e21bc
regulator	reg. 2. of PART I	def_f8d6fc61e6
regulator worker	reg. 2. of PART I	def_3004c907a5
regulators	reg. 2. of PART I	def_b880481ed6
relevant directives	reg. 2. of PART I	def_9c7533c141
relevant provisions	reg. 2. of PART I	def_d3bc7ea711
resolution plan	reg. 10B. of PART III	def_a3bd69ba4e
Secretary of State worker	reg. 2. of PART I	def_d263b39a0e
SFTR information	reg. 2. of PART I	def_0c8a47c39c
short selling information	reg. 2. of PART I	def_441c9431b8
single market information	reg. 13. of CHAPTER 1 of PART V	def_caa0fa2953
single market restrictions	reg. 13. of CHAPTER 1 of PART V	def_ce618d65ac
specified confidential EU law information	reg. 2. of PART I	def_c33486ad3d
SRO rules	reg. 13. of CHAPTER 1 of PART V	def_7093a14451
the 2014 Order	reg. 10B. of PART III	def_d3cb665a3d
the Act	reg. 2. of PART I	def_88c6dd00a6
the Authority	reg. 13. of CHAPTER 1 of PART V	def_0d61fdaeb7
the EMIR regulation	reg. 2. of PART I	def_2405908cd1
the UK GDPR	reg. 10C. of PART III	def_021cadf6d9
the UK GDPR	reg. 9. of PART III	def_c0665dece4
third country regulatory authority	reg. 2. of PART I	def_a493e8096d
third country resolution authority	reg. 2. of PART I	def_150e76d51a
transitional information	reg. 13. of CHAPTER 1 of PART V	def_c6f105116b
UCITS information	reg. 2. of PART I	def_bc4ea200fc

footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj
C1	Regulations modified (temp.) (11.8.2001) by The Financial Services and Markets Act 2000 (Consequential and Transitional Provisions) (Miscellaneous) (No. 2) Order 2001 (S.I. 2001/2659), arts. 1(2), 7
C2	Regulations modified (1.12.2001) by The Financial Services and Markets Act 2000 (Confidential Information) (Bank of England) (Consequential Provisions) Order 2001 (S.I. 2001/3648), arts. 1, 6
C3	Regulations applied (with modifications) (1.12.2001) by The Financial Services and Markets Act 2000 (Confidential Information) (Bank of England) (Consequential Provisions) Order 2001 (S.I. 2001/3648), arts. 1, 4
C4	Regulations applied (20.4.2003) by The Insurers (Reorganisation and Winding Up) Regulations 2003 (S.I. 2003/1102), regs. 1, 16(4) (with reg. 3)
C5	Regulations applied (18.2.2004) by The Insurers (Reorganisation and Winding Up) Regulations 2004 (S.I. 2004/353), regs. 1, 16(4)
C6	Regulations applied (5.5.2004) by The Credit Institutions (Reorganisation and Winding up) Regulations 2004 (S.I. 2004/1045), regs. 1, 18(4), 38(6)
C7	Regulations applied (with modifications) (9.2.2011) by The Electronic Money Regulations 2011 (S.I. 2011/99), regs. 1(2)(a)(xiv), 62, Sch. 3 para. 11 (with reg. 3) (as amended (27.3.2019) by S.I. 2019/681, regs. 1(2), 14(2))
C8	Regulations applied (with modifications) (9.7.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Referral Fees) Regulations 2013 (S.I. 2013/1635), regs. 1, 12
C9	Regulations applied (12.12.2014) by The Immigration Act 2014 (Bank Accounts) Regulations 2014 (S.I. 2014/3085), regs. 1, 13
C10	Regulations applied (with modifications) (1.1.2016) by The Small and Medium Sized Business (Finance Platforms) Regulations 2015 (S.I. 2015/1946), regs. 1(2), 22(2)
C11	Regulations applied (with modifications) (1.1.2016) by The Small and Medium Sized Business (Credit Information) Regulations 2015 (S.I. 2015/1945), regs. 1(2), 25(2)
C12	Regulations applied (with modifications) (18.9.2016) by The Payment Accounts Regulations 2015 (S.I. 2015/2038), reg. 1(2)(b), Sch. 7 para. 9
C13	Regulations applied (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 1 para. 28 (with reg. 7)
C14	Regulations applied (3.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Data Reporting Services Regulations 2017 (S.I. 2017/699), regs. 1(2)(a)(b), 42
C15	Regulations applied (with modifications) (15.1.2013) by The Payments in Euro (Credit Transfers and Direct Debits) Regulations 2012 (S.I. 2012/3122), reg. 1, Sch. para. 9 (as amended (31.12.2020) by The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 7; 2020 c. 1, Sch. 5 para. 1(1))
C16	Regulations applied (with modifications) (13.10.2017) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(3)(c), Sch. 6 para. 13 (with reg. 3) (as amended (31.12.2020) by The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 9(3)(b); 2020 c. 1, Sch. 5 para. 1(1))
C17	Regulations applied (5.4.2024) by The Data Reporting Services Regulations 2024 (S.I. 2024/107), regs. 1(2), 29; S.I. 2023/1382, reg. 4(c)
C18	Reg. 2 applied (with modifications) (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(a), Sch. 5 para. 10(a) (as amended (9.12.2015) by The Payment Card Interchange Fee Regulations 2015 (S.I. 2015/1911), regs. 1, 17(3))
C19	Reg. 2 applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 1, Sch. Pt. 3 para. 10(a)
C20	Reg. 2 applied (10.6.2019) by The Proxy Advisors (Shareholders' Rights) Regulations 2019 (S.I. 2019/926), regs. 1, 29(1)(a)
C21	Pt. 2 applied (10.6.2019) by The Proxy Advisors (Shareholders' Rights) Regulations 2019 (S.I. 2019/926), regs. 1, 29(1)(b)
C22	Reg. 5(4)(a) applied (with modifications) (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(a), Sch. 5 para. 10(b)
C23	Reg. 5(4)(a) applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 1, Sch. Pt. 3 para. 10(b)
C24	Reg. 5(6)(e) applied (with modifications) (11.2.2010) by The Cross Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 1, Sch. Pt. 3 para. 10(c)
C25	Reg. 5(6)(e) applied (with modifications) (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(a), Sch. 5 para. 10(c)
C26	Reg. 8 applied (with modifications) (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(a), Sch. 5 para. 10(d)
C27	Reg. 8 applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 1, Sch. Pt. 3 para. 10(d)
C28	Reg. 9 applied (with modifications) (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(a), Sch. 5 para. 10(e) (as amended (9.12.2015) by The Payment Card Interchange Fee Regulations 2015 (S.I. 2015/1911), regs. 1, 17(3))
C29	Reg. 9 applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 1, Sch. Pt. 3 para. 10(e)
C30	Pt. 4 applied (10.6.2019) by The Proxy Advisors (Shareholders' Rights) Regulations 2019 (S.I. 2019/926), regs. 1, 29(1)(c)
C31	Reg. 11 applied (with modifications) (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(a), Sch. 5 para. 10(f)
C32	Reg. 11 applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 1, Sch. Pt. 3 para. 10(f)
C33	Sch. 1 applied (with modifications) (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(a), Sch. 5 para. 10(h) (as amended (9.12.2015) by The Payment Card Interchange Fee Regulations 2015 (S.I. 2015/1911), regs. 1, 17(3) and (26.6.2017) by The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692), reg. 1(2), Sch. 7 para. 24(10) (with regs. 8, 15))
C34	Sch. 1 applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 1, Sch. Pt. 3 para. 10(h)
C35	Sch. 1 applied (10.6.2019) by The Proxy Advisors (Shareholders' Rights) Regulations 2019 (S.I. 2019/926), regs. 1, 29(1)(d)
C36	Sch. 1 Pt. 1 modified (19.7.2001 for specified purposes, 1.12.2001 in so far as not already in force) by The Financial Services and Markets Act 2000 (Transitional Provisions) (Ombudsman Scheme and Complaints Scheme) Order 2001 (S.I. 2001/2326), arts. 1(1), 18(2)(d)
C37	Sch. 1 Pt. 1 applied (with modifications) (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(a), Sch. 5 para. 10(g)
C38	Sch. 1 Pt. 1 applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 1, Sch. Pt. 3 para. 10(g)
C39	Sch. 1 Pt. 1 modified (10.6.2019) by The Proxy Advisors (Shareholders' Rights) Regulations 2019 (S.I. 2019/926), regs. 1, 29(2)
C40	Sch. 2 applied (10.6.2019) by The Proxy Advisors (Shareholders' Rights) Regulations 2019 (S.I. 2019/926), regs. 1, 29(1)(e)

2001 No. 2188

The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001cross-notes

PART I PRELIMINARY

Citation and Commencement

Interpretationcross-notes

PART II DISCLOSURE OF CONFIDENTIAL INFORMATION GENERALLY cross-notes

Disclosure by and to the [F51regulatorsF51] , the Secretary of State and the Treasury etc.

Disclosure for the purposes of criminal proceedings and investigations

Disclosure for the purposes of certain other proceedingscross-notes

Disclosure in pursuance of [F65 an EUF65] obligation

Restrictions on use of confidential information

PART III F69 DISCLOSURE OF [F68SPECIFIED CONFIDENTIAL EU LAW INFORMATIONF68] ...

[F70 Application of this Part cross-notes

Disclosure by [F82regulators or regulator workersF82] to certain other personscross-notes

Disclosure by Schedule 1 person

[F137Disclosure of recovery and resolution F138... information

[F137Assessment of effects of disclosure

[F148Disclosure of capital requirements directive information to International Financial Institutions

[F149Disclosure of information in order to publish a stress test in relation to insurance undertakings and reinsurance undertakings

PART IV DISCLOSURE OF CONFIDENTIAL INFORMATION NOT SUBJECT TO [[F150,F151ASSIMILATEDF151] LAW RESTRICTIONSF150] cross-notes

Application of this Partcross-notes

Disclosure by and to a Schedule 1 or 2 person or disciplinary proceedings authority

[F171The Gambling CommissionF171]

Electronic commerce

[F176Proceedings under the Proceeds of Crime Act 2002F176]

[F178Disclosure of information in order to publish a stress test in relation to insurance undertakings and reinsurance undertakings

PART V

[F179CHAPTER 1 Transitional Provisions Applicable Before IP completion dayF179]

Interpretation

Disclosure of pre-commencement information

Disclosure of transitional information

Disclosure by recognised self-regulating organisations

[F191Investment services directive information: transitional provision

[F193CHAPTER 2 Transitional Provision Applicable on or after IP completion day

Transitional provision applicable on or after IP completion day

SCHEDULE 1 DISCLOSURE OF CONFIDENTIAL INFORMATION WHETHER OR NOT SUBJECT TO [[F194,F195ASSIMILATEDF195] LAW RESTRICTIONSF194] cross-notes

PART 1 cross-notes

PART 2

PART 3

PART 4

[F268PART 5

[F270PART 6

SCHEDULE 2 DISCLOSURE OF CONFIDENTIAL INFORMATION NOT SUBJECT TO [[F271,F272ASSIMILATEDF272] LAW RESTRICTIONSF271] cross-notes

SCHEDULE 3 PRESCRIBED DISCIPLINARY PROCEEDINGS cross-notes

Status of changes to instrument text

The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001_cross-notes

Interpretation_cross-notes

PART II DISCLOSURE OF CONFIDENTIAL INFORMATION GENERALLY _cross-notes

Disclosure by and to the [^F51regulators^F51] , the Secretary of State and the Treasury etc.

Disclosure for the purposes of certain other proceedings_cross-notes

Disclosure in pursuance of [^F65 an EU^F65] obligation

PART III ^F69 DISCLOSURE OF [^F68SPECIFIED CONFIDENTIAL EU LAW INFORMATION^F68] ...

[^F70 Application of this Part _cross-notes

Disclosure by [^F82regulators or regulator workers^F82] to certain other persons_cross-notes

[^F137Disclosure of recovery and resolution ^F138... information

[^F137Assessment of effects of disclosure

[^F148Disclosure of capital requirements directive information to International Financial Institutions

[^F149Disclosure of information in order to publish a stress test in relation to insurance undertakings and reinsurance undertakings

PART IV DISCLOSURE OF CONFIDENTIAL INFORMATION NOT SUBJECT TO [[^F150^,^F151ASSIMILATED^F151] LAW RESTRICTIONS^F150] _cross-notes

Application of this Part_cross-notes

[^F171The Gambling Commission^F171]

[^F176Proceedings under the Proceeds of Crime Act 2002^F176]

[^F178Disclosure of information in order to publish a stress test in relation to insurance undertakings and reinsurance undertakings

[^F179CHAPTER 1 Transitional Provisions Applicable Before IP completion day^F179]

[^F191Investment services directive information: transitional provision

[^F193CHAPTER 2 Transitional Provision Applicable on or after IP completion day

SCHEDULE 1 DISCLOSURE OF CONFIDENTIAL INFORMATION WHETHER OR NOT SUBJECT TO [[^F194^,^F195ASSIMILATED^F195] LAW RESTRICTIONS^F194] _cross-notes

PART 1 _cross-notes

[^F268PART 5

[^F270PART 6

SCHEDULE 2 DISCLOSURE OF CONFIDENTIAL INFORMATION NOT SUBJECT TO [[^F271^,^F272ASSIMILATED^F272] LAW RESTRICTIONS^F271] _cross-notes

SCHEDULE 3 PRESCRIBED DISCIPLINARY PROCEEDINGS _cross-notes