Section 342 Information given by auditor or actuary to a regulator.F11I1C1C2C3C4C5C6
United Kingdom
This section applies to a person who is, or has been, an auditor of an authorised person F1or recognised investment exchange, appointed under or as a result of a statutory provision.
This section also applies to a person who is, or has been, an actuary acting for an authorised person and appointed under or as a result of a statutory provision.
An auditor or actuary does not contravene any duty to which he is subject merely because he gives to F2a regulator—
information on a matter of which he has, or had, become aware in his capacity as auditor of, or actuary acting for, the authorised person F3or recognised investment exchange, or
his opinion on such a matter,
if he is acting in good faith and he reasonably believes that the information or opinion is relevant to any functions of F4that regulator.
Subsection (3) applies whether or not the auditor or actuary is responding to a request from the F5regulator.
The Treasury may make regulations prescribing circumstances in which an auditor or actuary must communicate matters to F6a regulator as mentioned in subsection (3).
It is the duty of an auditor or actuary to whom any such regulations apply to communicate a matter to a regulator in the circumstances prescribed by the regulations.
If the authorised person concerned is a credit institution or an investment firm, and an auditor or actuary communicates a matter to a regulator in accordance with the regulations, the matter must be disclosed simultaneously to the management body of the authorised person, unless there are compelling reasons not to do so.
The matters to be communicated to a regulator in accordance with the regulations may include matters relating to persons other than the authorised person F8or recognised investment exchange concerned.
Annotations
Textual amendments
- F1
Words in s. 342(1) inserted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 13 para. 4(2) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
- F2
Words in s. 342(3) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 13 para. 4(3)(a) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
- F3
Words in s. 342(3) inserted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 13 para. 4(3)(b) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
- F4
Words in s. 342(3) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 13 para. 4(3)(c) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
- F5
Word in s. 342(4) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 13 para. 4(4) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
- F6
Words in s. 342 substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 13 para. 4(6) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
- F7
S. 342(6A) inserted (1.1.2014) by The Capital Requirements Regulations 2013 (S.I. 2013/3115), reg. 1(2), Sch. 2 para. 20(2)
- F8
Words in s. 342(7) inserted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 13 para. 4(5) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
- F9
S. 342(8) inserted (1.1.2014) by The Capital Requirements Regulations 2013 (S.I. 2013/3115), reg. 1(2), Sch. 2 para. 20(3)
- F10
Words in s. 342(8) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 67; 2020 c. 1, Sch. 5 para. 1(1)
- F11
Words in s. 342 heading substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 13 para. 4(6) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
Modifications
- C1
Ss. 341-346 applied (with modifications) (1.11.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), regs. 1(2)(c), 95, Sch. 5 para. 4 (with reg. 3)
- C2
S. 342 applied (with modifications) (3.1.2018) by The Data Reporting Services Regulations 2017 (S.I. 2017/699), regs. 1(2)(b), 34
- C3
Ss. 341-346 applied (with modifications) (13.1.2018) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(6), Sch. 6 para. 7 (with reg. 3)
- C4
S. 342 applied (with modifications) (27.2.2018) by The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (S.I. 2018/135), regs. 1(2), 20
- C5
S. 342 applied (with modifications) (10.6.2019) by The Proxy Advisors (Shareholders Rights) Regulations 2019 (S.I. 2019/926), regs. 1, 20, 23
- C6
S. 342 applied (with modifications) (5.4.2024) by The Data Reporting Services Regulations 2024 (S.I. 2024/107), regs. 1(2), 20; S.I. 2023/1382, reg. 4(c)
Commencement
- I1
S. 342 wholly in force at 1.12.2001; s. 342 not in force at Royal Assent see s. 431(2); s. 342(5) in force at 25.2.2001 by S.I. 2001/516, art. 2(a), Sch. Pt. 1; s. 342 in force in so far as not already in force at 1.12.2001 by S.I. 2001/3538, art. 2(1)
Notes on Part XXII
Modifications
- C1
Pt. 22 applied (with modifications) (30.4.2011) by The Electronic Money Regulations 2011 (S.I. 2011/99), regs. 1(2)(b), 62, Sch. 3 para. 5 (with reg. 3) (as amended (1.4.2013) by S.I. 2013/472, Sch. 2 para. 196(5)(e) and (18.9.2023) by S.I. 2023/790, regs. 1(2)(a), 2(3)(b))