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

Type Statutory-Instrument

Publication 2001-06-15

Last updated 2025-02-27

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 15th June 2001

Laid before Parliament: 15th June 2001

Coming into force: 18th June 2001

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

2

In these Regulations—

“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;

“the Act" means the Financial Services and Markets Act 2000;

“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—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;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;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; andfor 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;

“capital requirements directive information” means confidential information received by the PRA—before IP completion day in the course of discharging its functions as the competent authority under the capital requirements directive;after IP completion day in the course of exercising its functions in or under the Act or assimilated law which functions are equivalent to the functions as the competent authority set out in the capital requirements directive;

“CCP” has the meaning given in paragraph 154 of Schedule 11 to the Financial Services and Markets Act 2023;

“competent authority” includes a supervisory authority that has the same meaning as in regulation 2(1) of the Solvency 2 Regulations 2015;

“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 as last amended by Directive 2011/89/EU of the European Parliament and of the Council;

“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;

“disciplinary proceedings authority" means a person responsible for initiating prescribed disciplinary proceedings or determining the outcome of such proceedings;

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;

“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;

“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;

“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);

“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;

“EU entity” has the meaning given in section 20(1) of the European Union (Withdrawal) Act 2018;

“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;

“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;

“former regulated activities" means activities carried on before the coming into force of section 19 of the Act and which constitute—investment business within the meaning of the Financial Services Act 1986 ;deposit-taking business within the meaning of the Banking Act 1987 ;insurance business within the meaning of the Insurance Companies Act 1982 ; orinsurance 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—authorised under section 3 or 4 of the Insurance Companies Act 1982;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;an authorised institution within the meaning of the Banking Act 1987;a European institution within the meaning of the Banking Coordination (Second Council Directive) Regulations 1992 ;a European investment firm within the meaning of the Investment Services Regulations 1995 ;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 ;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; ora building society authorised or treated as authorised for the purposes of the Building Societies Act 1986 ;

“market in financial instruments information” means confidential information received by the FCA or the PRA in the course of discharging their functions under—the markets in financial instruments regulation;EU tertiary legislation (within the meaning of section 20 of the European Union (Withdrawal) Act 2018) made under—the markets in financial instruments directive which forms part of assimilated law; andthe markets in financial instruments regulation;the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017; orthe Act, which correspond to functions under the markets in financial instruments directive;

“PRA worker” means—a person who is or has been employed by the PRA; oran auditor or expert instructed by the PRA;

“prescribed disciplinary proceedings" means the disciplinary proceedings prescribed in Schedule 3;

“PRA rules” means the rules made by the PRA under the Act as they have effect from time to time;

“recovery and resolution information” means confidential information received by— the Bank of England in the course of discharging its functions under Part 1 of the Banking Act 2009 , the Bank Recovery and Resolution (No. 2) Order 2014 or Schedule 11 to the Financial Services and Markets Act 2023;the FCA or PRA in the course of discharging their functions under Part 1 of the Banking Act 2009 , the Bank Recovery and Resolution (No. 2) Order 2014 or Schedule 11 to the Financial Services and Markets Act 2023;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;

“regulators” means the FCA, the PRA and the Bank of England, and “regulator” means any one of the regulators;

“regulator worker” means—a person who is or has been employed by one of the regulators; oran auditor or expert instructed by one of the regulators;

“relevant directives” means, for the purposes of this regulation— the alternative investment fund managers directive;the capital requirements directive;the conglomerates directive;the insurance distribution directive;the mortgages directive;the Solvency 2 directive;the UCITS directive;

“relevant provisions” means, for the purposes of this regulation— Articles 76 and 81 of the markets in financial instruments directive;section 2 of Chapter 1 of Title 7 of the capital requirements directive;Articles 64, 65, 66, 67, 68, 69 and 70 of the Solvency 2 directive;Articles 102 and 104.1 of the UCITS directive;Article 13 of the insurance distribution directive;Articles 47.2, 47.3, 51, 52 and 53.2 of the alternative investment fund managers directive;Articles 5(2) and 36 of the mortgages directive;Article 83 of the EMIR regulation;Article 18 of the SFT regulation;

“Secretary of State worker" means—a person who is or has been employed by the Secretary of State; oran auditor or expert instructed by the Secretary of State;

“SFTR information” means confidential information received by a regulator in the course of discharging its functions as a competent authority under the SFT regulation;

“short selling information” means confidential information received by the FCA in the course of discharging its functions as a competent authority under the short selling regulation under or by virtue of the Short Selling Regulations 2025;

“specified confidential EU law information” means confidential information received by the FCA or the PRA— before IP completion day in the course of discharging its functions as the competent authority under the relevant directives; orafter IP completion day in the course of exercising its functions in or under the Act or assimilated law which functions are equivalent to the functions as the competent authority set out in the relevant directives;

“third country regulatory authority” means— 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;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); oran 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;

“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 or within the meaning of paragraph 145 of Schedule 11 to the Financial Services and Markets Act 2023, as appropriate), 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 , the Bank Recovery and Resolution (No. 2) Order 2014 or Schedule 11 to the Financial Services and Markets Act 2023;

“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;

... , 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.

PART II — DISCLOSURE OF CONFIDENTIAL INFORMATION GENERALLY

Disclosure by and to the Authority, the Secretary of State and the Treasury etc.

3

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

(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;

(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;

(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.

(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 one of the regulators, the Secretary of State or the Treasury for the purpose of enabling or assisting that regulator, 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 assimilated law restrictions.

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

(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;

(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

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 one of the regulators 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) the regulators;

(b) the Secretary of State; and

(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

(5) This regulation does not permit disclosure in contravention of any of the assimilated law restrictions.

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

(a) civil 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;

(d) proceedings 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) proceedings 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 a Community obligation

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on use of confidential information

7

Where confidential information is disclosed under these Regulations to a person other than the FCA, the PRA,, 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 — DISCLOSURE OF SPECIFIED CONFIDENTIAL EU LAW INFORMATION...

Application of this Part

8

This Part applies to—

(a) specified confidential EU law information; ...

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

(d) recovery and resolution ... information...

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disclosure by the Authority or Authority workers to certain other persons

9

(1) Subject to paragraphs (2) ... , (3A) , (3C)... ... ... , ...(4) and (5), any of the regulators or a regulator worker 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.

(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 ....

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

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

(a) article 88 of the markets in financial instruments directive;

(b) article 55 of the capital requirements directive;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a) the disclosure is made in accordance with Chapter V of the UK GDPR;and

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

(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 assimilated 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.

(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 , the Bank Recovery and Resolution (No. 2) Order 2014 or Schedule 11 to the Financial Services and Markets Act 2023; and

(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 or within the meaning of paragraph 145 of Schedule 11 to the Financial Services and Markets Act 2023, as appropriate) 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 , the Bank Recovery and Resolution (No. 2) Order 2014 or Schedule 11 to the Financial Services and Markets Act 2023; and

(ii) is not used for any other purpose.

(2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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—

(a) was obtained from a third country regulatory authority under a cooperation agreement; 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.

(3B) The persons are—

(a) the Bank of England,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(i) functions as a monetary authority; or

(ii) responsibility for overseeing payment systems,

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3C) Paragraph (1) does not permit disclosure of UCITS ... 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 a third country regulatory authority under a cooperation agreement referred to in Article 102 of 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, 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) a central bank outside the United Kingdom;

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

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3EA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

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

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

(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).

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.

PART IV — DISCLOSURE OF CONFIDENTIAL INFORMATION NOT SUBJECT TO ASSIMILATED LAW RESTRICTIONS

Application of this Part

11

This Part applies to confidential information other than—

(a) specified confidential EU law information;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) markets in financial instruments ... information, where that information has been received 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;

(e) UCITS... information, where that information has been received 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;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(fa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) recovery and resolution ... information;

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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).

(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.

(4) 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.

(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.

(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.

PART V

Interpretation

13

In this Part—

“the Authority” means the Financial Services Authority;

“EEA competent authority” has the meaning given in regulation 2 of these Regulations as it had effect immediately before IP completion day;

“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—any provision in—Schedule 2B to the Insurance Companies Act 1982 ;Part VIII of the Financial Services Act 1986 ;Part V of the Banking Act 1987 ; orSRO rules;which imposes restrictions on the disclosure of information, or creates exceptions or qualifications to such restrictions; orregulation 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;

“single market information” has the meaning given in regulation 2 of these Regulations as it had effect immediately before IP completion day;

“single market restrictions” has the meaning given in regulation 2 of these Regulations as it had effect immediately before IP completion day;

“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);

(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 single market restrictions.

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

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

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

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

(iv) received 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.

(4) Transitional information which is subject to single market restrictions... is to be treated for the purposes of these Regulations as single market information....

(5) Part IV of these Regulations does not apply to transitional information which is subject to single market restrictions imposed by article 107.3 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.

SCHEDULE 1 — DISCLOSURE OF CONFIDENTIAL INFORMATION WHETHER OR NOT SUBJECT TO ASSIMILATED LAW RESTRICTIONS

PART 1

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 , clearing and settlement systems and central securities depositories within the meaning of the CSD regulation
The Bank of England	Its functions under Parts 1, 2 and 3 of the Banking Act 2009 , under the Investment Bank Special Administration Regulations 2011 and under Schedule 11 to the Financial Services and Markets Act 2023
The FCA	The functions conferred on it by or under the Act
The PRA	The functions conferred on it by or under the Act
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
. . .	. . .
The Competition and Markets Authority	(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 ; or (iii) financial organisations within the meaning of article 56(a) of the capital requirements directive
An official receiver appointed under section 399 of the Insolvency Act 1986 , or an official receiver for Northern Ireland appointed under article 355 of the Insolvency (Northern Ireland) Order 1989	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; or (iii) banking group companies (as defined in section 81D of the Banking Act 2009) ; or(iv) CCP group companies (as defined in paragraph 156 of Schedule 11 to the Financial Services and Markets Act 2023)
A person appointed in judicial or administrative proceedings in the United Kingdom or a country or territory outside the United Kingdom, pursuant to a law relating to insolvency, to administer the reorganisation or the liquidation of a debtor's assets or affairs	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) ; or (iv) CCP group companies (as defined in paragraph 156 of Schedule 11 to the Financial Services and Markets Act 2023)
The scheme manager	Its functions under Part XV of the Act
. . .	. . .
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	Its functions as such under that Act or under the Act
A person appointed to make a report under section 166 or 166A 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 , a CCP, a banking group company (as defined in section 81D of the Banking Act 2009) or a CCP group company (as defined in paragraph 156 of Schedule 11 to the Financial Services and Markets Act 2023) appointed under or as a result of an enactment (other than the Act)	His functions as such
A person appointed to carry out a statutory audit of a company in accordance with the law of the United Kingdom in force immediately before IP completion day that implemented 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
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	His functions as such
A person appointed as an inspector under section 18 of the Credit Unions Act 1979	His functions as such
A person appointed to make a report under section 52(5)(d) of the Building Societies Act 1986	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	His functions as such
A person appointed to make a report under section 62(3)(d) of the Friendly Societies Act 1992	His functions as such
A person appointed as an investigator under section 65 of the Friendly Societies Act 1992 or as an inspector under 66 of that Act	His functions as such
A recognised supervisory body within the meaning of Part 42, Chapter 2 of the Companies Act 2006	(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 section 1220 of the Companies Act 2006	Its functions as such
The Institute of Actuaries or the Faculty of Actuaries	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
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
The Department for the Economy in Northern Ireland	(a)Its functions under Part V of the Companies (No. 2) (Northern Ireland) Order 1990 (financial markets and insolvency) (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
The Pensions Regulator	Its functions as such 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
The investigator appointed under section 84 of the Financial Services Act 2012	His functions as such
A person appointed by the Treasury to hold an inquiry into matters relating to financial services (including an inquiry under section 68 of the Financial Services Act 2012), or an officer or member of staff of such an inquiry	His functions in carrying out the inquiry and reporting to the Treasury
. . .	. . .
A person upon whom functions are conferred by or under Part 2, 3 or 4 of the Proceeds of Crime Act 2002	Those functions
A person authorised by the Secretary of State for the purposes of section 456 of the Companies Act 2006	His functions as such
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
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
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
. . .	. . .
. . .	. . .
. . .	. . .
The Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013	All of its functions
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
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
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)
. . .	. . .
. . .	. . .
. . .	. . .
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
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

PART 2

...
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .

PART 3

Person	Functions
. . .	. . .
A third country regulatory authority	Its functions as such
A third country resolution authority	Its functions as such
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
A financial intelligence unit in a third country	Its functions as such
An authority in a third country responsible for the application of rules on structural separation within a banking group	Its functions as such
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
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
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
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
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
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)
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
An authority responsible for maintaining the stability of the financial system in a third country through macro prudential regulation	Its functions as such.

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	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	His functions as such
The Department for the Economy in Northern Ireland	(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)(c)Its functions under the Companies (Northern Ireland) Order 1989 (disqualification of company directors)
. . .	. . .
. . .	. . .
A recognised clearing house (other than an overseas clearing house , ... or a third country central counterparty (within the meaning of section 285(1)(d) of the Act))	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 the Bank of England for the purposes of section 301 of the Act	His functions under settlement arrangements to which regulations made under that section relate
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
A clearing house or other similar body which has its head office in a third country, and which is recognised under the law of that country as a provider of clearing or settlement services	Its functions in relation to defaults or potential defaults by market participants
A third country central counterparty (within the meaning of section 285(1)(d) of the Act)	Its functions in relation to defaults or potential defaults by market participants
A recognised CSD ... or third country CSD (within the meaning of section 285(1)(e) ... and (g) of the Act)	Its functions in relation to defaults or potential defaults by market participants

SCHEDULE 2 — DISCLOSURE OF CONFIDENTIAL INFORMATION NOT SUBJECT TO ASSIMILATED LAW RESTRICTIONS

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
. . .	. . .
The Competition and Markets Authority	Its functions under any enactment (so far as not mentioned in Schedule 1)
. . .	. . .
A local weights and measures authority in Great Britain	Its functions as such under any enactment
. . .	. . .
The Department of Enterprise, Trade and Investment in Northern Ireland	(a)Its functions under Part V of the Companies (No. 2) (Northern Ireland) Order 1990 (Financial Markets and Insolvency)(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 ... or a third country central counterparty (within the meaning of section 285(1)(d) of the Act))	Its functions as such (so far as not mentioned in Schedule 1)
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
A recognised CSD ... or third country CSD (within the meaning of section 285(1)(e) ... and (g) of the Act)	Its functions as such (so far as not mentioned in Schedule 1)
A person that is an Operator of a relevant system under the Uncertificated Securities Regulations 2001 (within the meaning of those regulations)	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
The Pensions Regulator	Its functions as such (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
Office of Communications	Its functions under any enactment
The Pensions Ombudsman	His functions under the Pension Schemes Act 1993 and the Pensions Act 1995
. . .	. . .
A person upon whom functions are conferred by or under the Proceeds of Crime Act 2002	Those functions
The Gambling Commission	Its functions as such
. . .	. . .
The Gas and Electricity Markets Authority	Its functions under any enactment
The monitor in relation to a moratorium under Part A1 of the Insolvency Act 1986	The monitor's functions in relation to the moratorium
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
The General Council of the Bar	Its functions as such
The Law Society	Its functions as such
The Chartered Institute of Legal Executives	Its functions as such
The Faculty of Advocates	Its functions as such
The Law Society of Scotland	Its functions as such
The General Council of the Bar of Northern Ireland	Its functions as such
The Law Society of Northern Ireland	Its functions as such
The regulator of a foreign lawyer	Its functions as such

SCHEDULE 3 — PRESCRIBED DISCIPLINARY PROCEEDINGS

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) the Authority;

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

(iv) the Charity Commissioners for England and Wales;

(v) the Director General of Fair Trading;

(vi) the Competition Commission;

(vii) the Insolvency Practitioners Tribunal in relation to its functions under the Insolvency Act 1986[^f00061];

(viii) the Occupational Pensions Board in relation to its functions under the Social Security Act 1973[^f00062] and the Social Security Acts 1975 to 1986[^f00063];

(ix) the organs of the Society of Lloyd’s being organs constituted by or under Lloyd’s Act 1982[^f00064] in relation to their functions under Lloyd’s Acts 1871–1982[^f00065] and the byelaws made thereunder of the Society of Lloyd's;

(x) the National Lottery Commission in relation to their functions under the National Lottery etc. Act 1993[^f00066].

Signed

Gordon Brown — David Jamieson — Two of the Lords Commissioners of Her Majesty’s Treasury — 15th June 2001

Explanatory note

(This note is not part of the Regulations)

arelates to the business or other affairs of any person; and

bwas received by the primary recipient for the purposes of, or in the discharge of, any functions of the Financial Services Authority (“the FSA"), the competent authority for the purposes of Part VI of the Act (official listing—currently the FSA) or the Secretary of State, under any provision made by or under the Act.

Footnotes

[^f00001]: See the definition of “prescribed”.

[^f00002]: 2000 c. 8.

[^f00003]: 1986 c. 60.

[^f00004]: 1987 c. 22.

[^f00005]: 1982 c. 50.

[^f00006]: 1992 c. 40.

[^f00007]: Modified by S.I. 1992/3218 and S.I. 1995/3275.

[^f00008]: S.I. 1992/3218; relevant amendments were made by S.I. 1999/2094.

[^f00009]: S.I. 1995/3275; to which there are amendments not relevant to these Regulations.

[^f00010]: Inserted by S.I. 1994/1696 and amended by S.I. 1997/2781.

[^f00011]: 1986 c. 53.

[^f00012]: OJ No. L100, 17.04.80, p. 1, as last amended by Council Directive 87/345/EEC (OJ No. L185, 04.07.87, p. 81).

[^f00013]: OJ No. L375, 31.12.85, p. 3, as last amended by European Parliament and Council Directive 95/26/EC (OJ No. L168, 18.07.95, p. 7).

[^f00014]: 1979 c. 37.

[^f00015]: 1974 c. 46.

[^f00016]: 1982 c. 50.

[^f00017]: 1986 c. 60.

[^f00018]: 1986 c. 53.

[^f00019]: 1987 c. 22.

[^f00020]: 1992 c. 40.

[^f00021]: S.I. 1995/3275.

[^f00022]: 1986 c. 46. Section 7 was amended by the Insolvency Act 2000 (c. 39), Sch. 4, Part I, and s. 6. Section 8 was amended by the Financial Services Act 1986 (c. 60), s. 198; the Criminal Justice (Scotland) Act 1987 (s. 41), s. 55(b); the Criminal Justice Act 1988 (c. 33), s. 145(b); the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), s. 5, Sch. 4, para 62; the Companies Act 1989 (c. 40), s. 79; and the Insolvency Act 2000, s. 6.

[^f00023]: S.I. 1989/2402 (N.I. 18).

[^f00024]: 1986 c. 45.

[^f00025]: 1985 c. 66.

[^f00026]: S.I. 1989/2405 (N.I. 19).

[^f00027]: 1982 c. 50.

[^f00028]: 1986 c. 60.

[^f00029]: 1987 c. 22.

[^f00030]: S.I. 1995/3275. Regulation 48 was amended by Regulation 11 of S.I. 1996/1669.

[^f00031]: Paragraphs 1(2) and 5(1)(a) were modified by S.I. 1997/2781, art. 8, Sch. paras. 53 and 57(a)(i).

[^f00032]: Section 179 was amended by the Companies Act 1989 (c. 40), Sch. 24; the Friendly Societies Act 1992 (c. 40), Sch. 18, para. 4; the Bank of England Act 1998 (c. 11), Sch. 5, para. 65(1) and Sch. 9; and S.I. 1992/1315 art. 10(1), Sch. 4, para. 4; and modified by S.I. 1992/3218, Sch. 9, para. 40; S.I. 1995/3275, reg. 48; and S.I. 1996/1669, reg. 12.

[^f00033]: Section 82 was modified by S.I. 1992/3218, Sch. 8, para 22.

[^f00034]: S.I. 1995/3275. Regulation 48 was amended by Regulation 11 of S.I. 1996/1669.

[^f00035]: 1986 c. 45.

[^f00036]: S.I. 1989/2405 (N.I. 19).

[^f00037]: OJ No. L135, 31.5.1994, p. 5.

[^f00038]: OJ No. L084, 26.3.1997, p. 22.

[^f00039]: 1986 c. 60.

[^f00040]: 1965 c. 12.

[^f00041]: 1979 c. 34.

[^f00042]: 1986 c. 53. Section 52 was amended by the Building Societies Act 1997 (c. 32), Sch. 7, para. 17.

[^f00043]: Sections 55 and 56 were amended by the Building Societies Act 1997, Sch. 7, paras 21 and 22 (respectively).

[^f00044]: Section 62 was amended by S.I. 1994/1984, reg. 17.

[^f00045]: Section 65 was amended by S.I. 1994/1984, reg. 19.

[^f00046]: 1989 c. 40.

[^f00047]: S.I. 1990/593 (N.I. 5).

[^f00048]: 1989 c. 40.

[^f00049]: S.I. 1990/1504 (N.I. 10).

[^f00050]: 1993 c. 48.

[^f00051]: 1995 c. 26.

[^f00052]: Section 447 was amended by the Companies Act 1989, s. 63 and Sch. 24, and by the Youth Justice and Criminal Evidence Act 1999 (c. 23), Sch. 3, paras. 4 and 6.

[^f00053]: Section 83 was amended by the Youth Justice and Criminal Evidence Act 1999, Sch. 3, para. 21.

[^f00054]: S.I. 1986/1032 (N.I. 6).

[^f00055]: S.I. 1989/2404 (N.I. 18).

[^f00056]: Article 440 was amended by article 11 of, and Schedule 6 to the Companies (No. 2) (Northern Ireland) Order 1990 (S.I. 1990/1504 (N.I. 10)).

[^f00057]: S.I. 1995/3272, amended by S.I. 1996/2827, 1997/251, 1999/506, 2000/311 and 2000/1682.

[^f00058]: S.I. 1990/1504 (N.I. 10).

[^f00059]: S.I. 1989/2405 (N.I. 19).

[^f00060]: 2000 c. 26.

[^f00061]: 1986 c. 45.

[^f00062]: 1973 c. 38.

[^f00063]: 1986 c. 50; see s. 90(2).

[^f00064]: 1982 c. 14.

[^f00065]: 34 Vict c. xxi, 1&2 Geo V c. lxii, 14&15 Geo VI c. viii, 1982 c. 14.

[^f00066]: 1993 c. 39.

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) any of the regulators;

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

(iv) the Charity Commissioners for England and Wales;

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi) the Competition and Markets Authority;

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

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

(ix) the 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) the Gambling Commission in relation to its functions under the National Lottery etc. Act 1993 .

Editorial notes

[^c15597111]: See the definition of “prescribed".

[^c15597121]: 2000 c. 8.

[^c15597131]: 1986 c. 60.

[^c15597141]: 1987 c. 22.

[^c15597151]: 1982 c. 50.

[^c15597161]: 1992 c. 40.

[^c15597171]: Modified by S.I. 1992/3218 and S.I. 1995/3275.

[^c15597181]: S.I. 1992/3218; relevant amendments were made by S.I. 1999/2094.

[^c15597191]: S.I. 1995/3275; to which there are amendments not relevant to these Regulations.

[^c15597201]: Inserted by S.I. 1994/1696 and amended by S.I. 1997/2781.

[^c15597211]: 1986 c. 53.

[^c15597241]: 1979 c. 37.

[^c15597251]: 1974 c. 46.

[^c15597261]: 1982 c. 50.

[^c15597271]: 1986 c. 60.

[^c15597281]: 1986 c. 53.

[^c15597291]: 1987 c. 22.

[^c15597301]: 1992 c. 40.

[^c15597311]: S.I. 1995/3275.

[^c15597321]: 1986 c. 46. Section 7 was amended by the Insolvency Act 2000 (c. 39), Sch. 4, Part I, and s. 6. Section 8 was amended by the Financial Services Act 1986 (c. 60), s. 198; the Criminal Justice (Scotland) Act 1987 (s. 41), s. 55(b); the Criminal Justice Act 1988 (c. 33), s. 145(b); the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), s. 5, Sch. 4, para 62; the Companies Act 1989 (c. 40), s. 79; and the Insolvency Act 2000, s. 6.

[^c15597331]: S.I. 1989/2402 (N.I. 18).

[^c15597341]: 1986 c. 45.

[^c15597351]: 1985 c. 66.

[^c15597361]: S.I. 1989/2405 (N.I. 19).

[^c15597371]: 1982 c. 50.

[^c15597381]: 1986 c. 60.

[^c15597391]: 1987 c. 22.

[^c15597401]: S.I. 1995/3275. Regulation 48 was amended by Regulation 11 of S.I. 1996/1669.

[^c15597411]: Paragraphs 1(2) and 5(1)(a) were modified by S.I. 1997/2781, art. 8, Sch. paras. 53 and 57(a)(i).

[^c15597421]: Section 179 was amended by the Companies Act 1989 (c. 40), Sch. 24; the Friendly Societies Act 1992 (c. 40), Sch. 18, para. 4; the Bank of England Act 1998 (c. 11), Sch. 5, para. 65(1) and Sch. 9; and S.I. 1992/1315 art. 10(1), Sch. 4, para. 4; and modified by S.I. 1992/3218, Sch. 9, para. 40; S.I. 1995/3275, reg. 48; and S.I. 1996/1669, reg. 12.

[^c15597431]: Section 82 was modified by S.I. 1992/3218, Sch. 8, para 22.

[^c15597441]: S.I. 1995/3275. Regulation 48 was amended by Regulation 11 of S.I. 1996/1669.

[^c15597451]: 1986 c. 45.

[^c15597461]: S.I. 1989/2405 (N.I. 19).

[^c15597491]: 1986 c. 60.

[^c15597501]: 1965 c. 12.

[^c15597511]: 1979 c. 34.

[^c15597521]: 1986 c. 53. Section 52 was amended by the Building Societies Act 1997 (c. 32), Sch. 7, para. 17.

[^c15597531]: Sections 55 and 56 were amended by the Building Societies Act 1997, Sch. 7, paras 21 and 22 (respectively).

[^c15597541]: Section 62 was amended by S.I. 1994/1984, reg. 17.

[^c15597551]: Section 65 was amended by S.I. 1994/1984, reg. 19.

[^c15597591]: S.I. 1990/1504 (N.I. 10).

[^c15597621]: Section 447 was amended by the Companies Act 1989, s. 63 and Sch. 24, and by the Youth Justice and Criminal Evidence Act 1999 (c. 23), Sch. 3, paras. 4 and 6.

[^c15597631]: Section 83 was amended by the Youth Justice and Criminal Evidence Act 1999, Sch. 3, para. 21.

[^c15597641]: S.I. 1986/1032 (N.I. 6).

[^c15597651]: S.I. 1989/2404 (N.I. 18).

[^c15597671]: S.I. 1995/3272, amended by S.I. 1996/2827, 1997/251, 1999/506, 2000/311 and 2000/1682.

[^c15597681]: S.I. 1990/1504 (N.I. 10).

[^c15597691]: S.I. 1989/2405 (N.I. 19).

[^c15597711]: 1986 c. 45.

[^c15597721]: 1973 c. 38.

[^c15597731]: 1986 c. 50; see s. 90(2).

[^c15597741]: 1982 c. 14.

[^c15597751]: 34 Vict c. xxi, 1&2 Geo V c. lxii, 14&15 Geo VI c. viii, 1982 c. 14.

[^c15597761]: 1993 c. 39.

[^key-004beb5daf1a92c00d88e5d3c48714f5]: Words in Sch. 1 Pt. 1 inserted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 47(9)(a)(iv)

[^key-00c9a508708ebd8133d9ac6c379b1c12]: Words in Sch. 1 Pt. 1 substituted (25.11.2005) by The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2005 (S.I. 2005/3071), regs. 1, 2(2)(b)

[^key-00e5e097903b589177857c8066246336]: Words in Sch. 1 Pt. 1 inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 8(7)(a)(v)

[^key-0150f767302b742b4b2bc647ae487fe7]: Word in Sch. 1 Pt. 4 Table omitted (31.12.2020) by virtue of The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 4(22)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

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