Paragraph 4 Procedures applicable to reports of contraventions
The procedures applicable to reports of contraventions referred to in paragraph 3(2)(b) (information regarding the receipt of reports of contraventions and their follow up) must clearly indicate all of the following information—
that reports of contraventions can be submitted anonymously;
the manner in which the FCA may require the reporting person to clarify the information reported or to provide additional information that is available to the reporting person;
the type, content and timeframe of the response about the outcome of the report of the contravention that the reporting person can expect after the reporting;
the confidentiality regime applicable to reports of contraventions, including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed in accordance with Articles 27 (professional secrecy), 28 (data protection) and 29 (disclosure of personal data to third countries) of the market abuse regulation.
The detailed description referred to in sub-paragraph (1)(d) must set out the exceptional cases in which confidentiality of data may not be ensured, including where the disclosure of data is a necessary and proportionate obligation required by F1... the law of the United Kingdom—
in the context of investigations or subsequent judicial proceedings; or
to safeguard the freedoms of others, including the right of defence of the reported person; in each case subject to appropriate safeguards under such laws.
Annotations
Textual amendments
- F1
Words in Sch. para. 4(2) omitted (31.12.2020) by virtue of The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 7(7)(a); 2020 c. 1, Sch. 5 para. 1(1)
Notes on the whole SI
Textual amendments
- F1
Regulations revoked (14.12.2023 for the revocation of reg. 23) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 1 Pt. 2 (with s. 1(4)); S.I. 2023/1382, reg. 2(c)(xv)