OpenLegislation

Section 86 Information supplied to Bank by relevant overseas authority etc.F1C1C2

United Kingdom

(1)

Section 82 above applies also to information which—

(a)

has been supplied to the F2Authority for the purposes of any relevant functions by the relevant supervisory authority in a country or territory outside the United Kingdom; or

(b)

has been obtained for those purposes by the Authority, or by a person acting on its behalf, in another member State.

(2)

Subject to subsections (3) and (4) below, information supplied or obtained as mentioned in subsection (1)(a) or (b) above shall not be disclosed except as provided by section 82 above or—

(a)

for the purpose of enabling or assisting the Authority to discharge any relevant functions F3or any functions in its capacity as a designated agency within the meaning of the M1Financial Services Act 1986; or

(b)

with a view to the institution of, or otherwise for the purposes of, criminal proceedings, whether under this Act or otherwise.

(3)

Information supplied to the Authority for the purposes of any relevant functions by the relevant supervisory authority in another member State may be disclosed—

(a)

to a relevant recipient, if the authority consents to its disclosure and the case is one in which information to which section 82 above applies could be so disclosed by virtue of section 84(1) or (2) above; or

(b)

to the Treasury or the Secretary of State, if the authority consents to its disclosure and the case is one in which information to which section 82 above applies could be so disclosed by virtue of section 84(5) or (5A) above.

(4)

Information obtained as mentioned in subsection (1)(b) above may be disclosed—

(a)

to a relevant recipient, if the relevant supervisory authority in the member State concerned consents to its disclosure and the case is one in which information to which section 82 above applies could be so disclosed by virtue of section 84(1) or (2) above; or

(b)

to the Treasury or the Secretary of State, if that authority consents to its disclosure and the case is one in which information to which section 82 above applies could be so disclosed by virtue of section 84(5) or (5A) above.

(F44A)

Before the Authority discloses information to any person under subsection (3) above, it shall notify the relevant supervisory authority which supplied the information of the name and responsibilities of that person.

C3(5)

In this section— F5“relevant functions”, in relation to the Authority, means its functions under this Act and its functions as a supervisor of money market institutions;

’relevant recipient’ means a person specified in any of entries 1 to 8, 13 to 15 and 17 in the Table in section 84(1) above.

Annotations

Textual amendments

F1

S. 86 substituted (1.1.1993) by S.I. 1992/3218, reg. 41 (with savings in reg. 46(b))

F2

Words in s. 86(1)(2)(a)(3)(4A) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Ch. I paras. 56(1)(2), 57; S.I. 1998/1120, art. 2

F3

Words in s. 86(2)(a) inserted (1.6.1998) by 1998 c. 11, ss. 23, 36(1), Sch. 5 para. 57; S.I. 1998/1120, art. 2

F4

S. 86(4A) inserted (18.7.1996) by S.I. 1996/1669, reg. 5(5)(6)

F5

S. 86(5) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Chapter I paras. 56(3), 57; S.I. 1998/1120, art. 2

Marginal citations

M1

1986 c. 60.

Modifications

C1

S. 86 amended (1.1.1993) by S.I. 1992/3218, reg. 47, Sch. 8 para. 25.

C2

S. 86 modified (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Ch. I paras. 56, 57(2)-(4); S.I. 1998/1120, art. 2

C3

S. 86(5) modified (1.6.1998) by 1998 c. 11, ss. 23, 36(2), Sch. 5 Pt. IV Ch. I paras. 56, 57; S.I. 1998/1120, art. 2

Notes on the whole Act

Textual amendments

F1

Act repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 3(1)(d)

Act continued (with modifications) (1.12.2001) by S.I. 2001/2967, arts. 1(2), 9(1), Sch. 1 Pt. 1; S.I. 2001/3538 (as amended (1.4.2013) by S.I. 2013/472, arts. 1(1), 3, Sch. 2 para. 56(h)(i)); and specified provisions of Act applied, extended and amended (1.4.2003) so far as still in force by 2001 c. 16, ss. 50, 52-54, 57(1)(j)(4), 68, 138(2), Sch. 1 para. 43, Sch. 2 para. 16(2)(d); S.I. 2003/708, art. 2

Notes on Part V

Modifications

C1

Pt. V (ss. 82-87) modified (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV Ch. I para. 57(2)(3)(4); S.I. 1998/1120, art. 2

Pt. V (ss. 82-87) modified (1.6.1998) by 1998 c. 11, ss. 23, 36(4), Sch. 5 Pt. IV Chapter I para. 57; S.I. 1998/1120, art. 2