OpenLegislation

Paragraph 5

United Kingdom

(1)

Paragraph 1 above applies also to information which—

(a)

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

(b)

has been obtained for those purposes by F2the Treasury or the Secretary of State, or by a person acting on F3their behalf, in another member State.

(2)

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—

(a)

for the purpose of enabling or assisting F4the Treasury or the Secretary of State to discharge any relevant functions; or

(b)

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

(3)

Information supplied as mentioned in sub-paragraph (1)(a) above may be disclosed—

(a)

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

(b)

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.

(4)

Information obtained as mentioned in sub-paragraph (1)(b) above may be disclosed—

(a)

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

(b)

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.

F5(4A)

Before F6the Treasury or the Secretary of State discloses information to any person under sub-paragraph (3) above, F7they shall notify the supervisory authority which supplied the information of the name and responsibilities of that person.

(5)

In this paragraph—

“relevant functions”,

F8(a)

in relation to the Treasury means their functions under this Act, and

(b)

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)