OpenLegislation

Paragraph 4

United Kingdom

(1)

Paragraph 1 above does not preclude the disclosure of information—

(a)

for the purpose of enabling or assisting the Deposit Protection Board to discharge its functions under the Banking Act 1987 F1;

(b)

with a view to the institution of, or otherwise for the purposes of, any criminal proceedings, whether under this Act or otherwise;

(c)

for the purpose of enabling or assisting the Council of the Stock Exchange to discharge its functions in relation to insurance companies;

(d)

with a view to the institution of, or otherwise for the purposes of, proceedings under section 6, 7 or 8 of the Company Directors Disqualification Act 1986 F2 in respect of a director or former director of an insurance company;

(e)

with a view to the institution of, or otherwise for the purposes of, any civil proceedings arising under or by virtue of the Financial Services Act 1986 or proceedings before the Financial Services Tribunal, if those proceedings relate to an insurance company;

(f)

with a view to the institution of, or otherwise for the purposes of, any disciplinary proceedings relating to the exercise by an auditor or actuary of his professional duties;

(g)

in pursuance of a Community obligation.

(2)

Paragraph 1 above does not preclude the disclosure by F3the Treasury or the Secretary of State to the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland, the Lord Advocate, a procurator fiscal or a constable of—

(a)

information obtained by virtue of section 43A, 44 or 44A above; or

(b)

information in the possession of F4the Treasury or the Secretary of State as to any suspected contravention in relation to which the powers conferred by those sections are exercisable.

Annotations

Textual amendments

F1

1987 c.22.

F2

1986 c.46.

F3

Words in Sch. 2B para. 4(2) inserted (5.1.1998) by S.I. 1997/2781, art. 8, Sch. Pt. I para. 56(a) (with art. 7)

F4

Words in Sch. 2B para. 4(2)(b) inserted (5.1.1998) by S.I. 1997/2781, art. 8, Sch. Pt. I para. 56(b) (with art. 7)

Notes on the whole Act

Textual amendments

F1

Act repealed (1.12.2001) by The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), arts. 1, 3(1)(b)

Notes on Schedule 2B]

Textual amendments

F1

Sch. 2B inserted (1.7.1994) by S.I. 1994/1696, reg. 26(2), Sch. 2

Modifications

C1

Sch. 2B: Power to contract out functions conferred (18.11.1998) by S.I. 1998/2842, arts. 2, 3, Sch. Pt. I para. 57

Sch. 2B: functions to be exercised by the Secretary of State and the Treasury concurrently (5.1.1998) by S.I. 1997/2781, art. 4(1)(h) (with art. 7)

Notes on Part I

Modifications

C1

Sch. 2B Pt. I applied (with modifications) (1.7.1994) by S.I. 1994/1696, reg. 66(1)(2)