{
  "url": "https://openlegislation.uk/financial-services-and-markets-act-2000-consequential-amendments-and-repeals-order-2001/article-161",
  "json_url": "https://openlegislation.uk/financial-services-and-markets-act-2000-consequential-amendments-and-repeals-order-2001/article-161.json",
  "legislation": "uksi/2001/3649",
  "legislation_title": "The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001",
  "legislation_url": "https://openlegislation.uk/financial-services-and-markets-act-2000-consequential-amendments-and-repeals-order-2001",
  "path": "article/161",
  "kind": "article",
  "number": "161",
  "heading": "Power of Bank of England to require undertakings to provide information",
  "text": "(1) Section 17 of the Bank of England Act 1998 (power of Bank to require undertakings to provide information for purposes of Bank’s functions under Part 2 of that Act) is amended as follows.\n(2) For subsection (3) substitute—\n“(3) An undertaking is one to which this section applies if—\n(a) it has a place of business in the United Kingdom; and\n(b) it falls within subsection (3A), (3B), (3C) or (3D).\n(3A) An undertaking falls within this subsection if it is a deposit-taker.\n(3B) An undertaking falls within this subsection if it is not a deposit-taker but it—\n(a) falls within the subsector “other monetary financial institution”, as defined by paragraph 2.48 of Annex A to Council Regulation (EC) No. 2223/96,\n(b) carries on a business of granting credits secured on land used for residential purposes,\n(c) has issued a debt security, or\n(d) has acted as an agent in connection with arranging or managing the issue of a debt security.\n(3C) An undertaking falls within this subsection if it is a financial holding company.\n(3D) An undertaking falls within this subsection if it is not a deposit-taker but continues to have a liability in respect of a deposit which was held by it in accordance with the Banking Act 1979 or the Banking Act 1987 or a permission under Part 4 of the Financial Services and Markets Act 2000.”.\n(3) In subsection (5), for “subsection (3)” substitute “subsections (3) to (3D)”.\n(4) For subsection (7) substitute—\n“(7) “Deposit taker” means—\n(a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits; or\n(b) an EEA firm of the kind mentioned in paragraph 5(b) or (c) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits or other repayable funds.\n(7A) “Debt security” means any instrument creating or acknowledging indebtedness (including a government or public security).\n(7B) Subsections (7) and (7A) must be read with—\n(a) section 22 of the Financial Services and Markets Act 2000;\n(b) any relevant order under that section; and\n(c) Schedule 2 to that Act.\n(7C) “Financial holding company” has the meaning given by Article 1(21) of Council Directive 2000/12/EC of the European Parliament and the Council.\n(7D) “Undertaking” has the meaning given by section 259 of the Companies Act 1985.”.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 161 in force at 1.12.2001, see art. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 17(3) was amended by S.I. 2000/2952, regulation 7."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2001/3649/article/161",
    "retrieved_at": "2026-10-29T07:23:30.014012+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}