{
  "url": "https://openlegislation.uk/financial-services-and-markets-act-2000-consequential-amendments-and-repeals-order-2001/article-62",
  "json_url": "https://openlegislation.uk/financial-services-and-markets-act-2000-consequential-amendments-and-repeals-order-2001/article-62.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/62",
  "kind": "article",
  "number": "62",
  "heading": "Provision for security of information obtained",
  "text": "(1) Article 442 of the 1986 Order (provision for security of information obtained under Article 440 of that Order) is amended as follows.\n(2) In paragraph (1), the following are repealed—\n(a) in sub-paragraph (c), the words “or section 94 of the Financial Services Act 1986”;\n(b) in sub-paragraph (d), the words “the Insurance Companies Act 1982”;\n(c) sub-paragraphs (de) and (df);\n(d) sub-paragraph (i).\n(3) In paragraph (1)(cc), for the words from “or appointed” to “Financial Services Act 1986” substitute “Article 440 of this Order”.\n(4) After paragraph (1)(cc) insert—\n“(cd) for the purposes of enabling or assisting a person appointed under—\n(i) section 167 of the Financial Services and Markets Act 2000 (general investigations),\n(ii) section 168 of that Act (investigations in particular cases),\n(iii) section 169(1)(b) of that Act (investigation in support of overseas regulator),\n(iv) section 284 of that Act (investigations into affairs of certain collective investment schemes), or\n(v) regulations made as a result of section 262(2)(k) of that Act (investigations into open-ended investment companies),\nto conduct an investigation to discharge his functions;”.\n(5) In paragraph (1)(d), for “the Insurance Companies Act 1982” substitute “the Financial Services and Markets Act 2000”.\n(6) For sub-paragraphs (fa) to (i) of paragraph (1) substitute—\n“(fa) for the purposes of enabling or assisting the Financial Services Authority to discharge its functions under the legislation relating to friendly societies or to industrial and provident societies, under the Building Societies Act 1986, under Part 7 of the Companies Act 1989 or under the Financial Services and Markets Act 2000;\n(g) for the purposes of enabling or assisting a body corporate established in accordance with section 212(1) of the Financial Services and Markets Act 2000 (compensation scheme manager) to discharge its functions;\n(h) for the purposes of any proceedings before the Financial Services Tribunal by virtue of the Financial Services and Markets Act 2000 (Transitional Provisions) (Partly Completed Procedures) Order 2001;\n(ha) with a view to the institution of or otherwise for the purposes of proceedings before the Financial Services and Markets Tribunal;\n(hb) for the purpose of enabling or assisting a recognised investment exchange or a recognised clearing house to discharge its functions as such;\n(hc) for the purpose of enabling or assisting a body designated under section 326(1) of the Financial Services and Markets Act 2000 (designated professional bodies) to discharge its functions in its capacity as a body designated under that section;”.\n(7) In paragraph (1A), before sub-paragraph (a) insert—\n“(aa) in sub-paragraph (hb) “recognised investment exchange” and “recognised clearing house” have the same meaning as in section 285 of the Financial Services and Markets Act 2000;”.\n(8) Paragraph (1D) is repealed.\n(9) In paragraph (3)(b), the words “or section 94 of the Financial Services Act 1986” are repealed.\n(10) After paragraph (3)(b) insert—\n“(ba) a person appointed under—\n(i) section 167 of the Financial Services and Markets Act 2000 (general investigations),\n(ii) section 168 of that Act (investigations in particular cases),\n(iii) section 169(1)(b) of that Act (investigation in support of overseas regulator),\n(iv) section 284 of that Act (investigations into affairs of certain collective investment schemes), or\n(v) regulations made as a result of section 262(2)(k) of that Act (investigations into open-ended investment companies),\nto conduct an investigation;”.\n(11) In paragraph (3), in sub-paragraph (c), for the words from “under” to “Financial Services Act 1986” substitute “under Article 440 of this Order”.\n(12) In paragraph (3), for sub-paragraphs (ha) to (k) substitute—\n“(ha) the Financial Services Authority;”.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 62 in force at 1.12.2001, see art. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Inserted by SR (NI) 1992/257."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Paragraph (3) was substituted by the Financial Services Act 1986 (c. 60), section 182, Schedule 13, paragraph 13, and substituted again by the Companies (No.2) (NI) Order (NI 10), Article 13(1)(6). Sub-paragraph (b) of paragraph (3) was amended by the Companies (No. 2) (NI) Order 1990 (NI 10), Article 78 Schedule 5."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2001/3649/article/62",
    "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."
}