Paragraph 5
United Kingdom
Paragraph 1 above applies also to information which—
has been supplied to F1the Treasury or the Secretary of State for the purposes of any relevant functions by a supervisory authority in a member State other than the United Kingdom; or
Subject to sub-paragraphs (3) and (4) below, information supplied or obtained as mentionedin sub-paragraph (1)(a) or (b) above shall not be disclosed except as provided by paragraph 1 above or—
for the purpose of enabling or assisting F4the Treasury or the Secretary of State to discharge any relevant functions; or
with a view to the institution of, or otherwise for the purposes of, criminal proceedings, whether under this Act or otherwise.
Information supplied as mentioned in sub-paragraph (1)(a) above may be disclosed—
to a relevant recipient, if the supervisory authority which supplied the information consents to its disclosure and the case is one in which information to which paragraph 1 above applies could be so disclosed by virtue of paragraph 3(1) above; or
to the Treasury or the Secretary of State, if that authority consents to its disclosure and the case is one in which information to which paragraph 1 above applies could be so disclosed by virtue of paragraph 3(3) above.
Information obtained as mentioned in sub-paragraph (1)(b) above may be disclosed—
to a relevant recipient, if the supervisory authority in the member State concerned consents to its disclosure and the case is one in which information to which paragraph 1 above applies could be so disclosed by virtue of paragraph 3(1) above; or
to the Treasury or the Secretary of State, if that authority consents to its disclosure and the case is one in which information to which paragraph 1 above applies could be so disclosed by virtue of paragraph 3(3) above.
In this paragraph—
“relevant functions”,
in relation to the Treasury means their functions under this Act, and
in relation to the Secretary of State, means his functions under this Act
“relevant recipient” means a person specified in any of entries 1 to 7, 12, 13 and 17 in the Table in paragraph 3(1) above.
Annotations
Textual amendments
- F1
Words in Sch. 2B para. 5(1)(a) inserted (5.1.1998) by S.I. 1997/2781, art. 8, Sch. Pt. I para. 57(a)(i) (with art. 7)
- F2
Words in Sch. 2B para. 5(1)(b) inserted (5.1.1998) by S.I. 1997/2781, arts. 2(1)(c), 8, Sch. Pt. I para. 57(a)(ii) (with art. 7)
- F3
Words in Sch. 2B para. 5(1)(b) substituted (5.1.1998) by S.I. 1997/2781, arts. 2(1)(c), 8, Sch. Pt. I para. 57(a)(iii) (with art. 7)
- F4
Words in Sch. 2B para. 5(2)(a) inserted (5.1.1998) by S.I. 1997/2781, art. 8, Sch. Pt. I para. 57(b) (with art. 7)
- F5
Sch. 2B para. 5(4A) inserted (18.7.1996) by S.I. 1996/1669, reg. 20(3) (with reg. 5(6))
- F6
Words in Sch. 2B para. 5(4A) inserted (5.1.1998) by S.I. 1997/2781, art. 8, Sch. Pt. I para. 57(c)(i) (with art. 7)
- F7
Word in Sch. 2B para. 5(4A) substituted (5.1.1998) by S.I. 1997/2781, art. 8, Sch. Pt. I para. 57(c)(ii) (with art. 7)
- F8
Sch. 2B para. 5(5): words in definition of “relevant functions" inserted (5.1.1998) by S.I. 1997/2781, art. 8, Sch. Pt. I para. 57(d) (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)