Paragraph 2

Before Article 2 insert—

“Article A2

Performance of obligations dependent on Member State information

1.

This Article applies where, in the view of the competent authority of the United Kingdom, performance of an obligation under this Regulation by an institution in the United Kingdom is wholly or partly dependent on information held by an institution or authority in a Member State.

2.

The institution in the United Kingdom must take all reasonable steps to obtain the information from the institution or authority in the Member State.

3.

If the institution in the United Kingdom complies with the duty in paragraph 2 but is unable to obtain the information and the institution considers that the claimant could provide the information, it must inform the claimant that it has been unable to obtain the information and ask the claimant:

(a)

to take reasonable steps to obtain the information from the institution or authority in the Member State; or

(b)

where it is not possible for the claimant to obtain the information from the institution or authority in the Member State, to provide such relevant information or evidence as the claimant has.

4.

The institution in the United Kingdom is not required to perform the obligation if it complies with the duty in paragraphs 2 or 3 but is unable to obtain the information and:

(a)

the claimant does not provide it within a reasonable time; or

(b)

the claimant does provide it but the institution is of the view that the information is not accurate or is incomplete.”.