Paragraph 9 The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001

The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 M1 apply with the following modifications—

(a)

in paragraph (a) of the definition of F1“third country regulatory authority” in regulation 2, after “of the Act” insert—

“ F2or an authority in a country or territory outside the United Kingdom which exercises any function of a kind corresponding to a function conferred under national legislation in the implementation of either—
(a)
Regulation (EC) No 924/2009 of the European Parliament and of the Council on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001; or
(b)
Regulation (EU) No 260/2012 of the European Parliament and Council establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009;”;

(b)

in regulation 5(4)(a) for “an authorised person, former authorised person or former regulated person” substitute “ a payment service provider or former payment service provider (within the meaning of regulation 2 of the Payments in Euro (Credit Transfers and Direct Debits) Regulations 2012) ”;

(c)

in regulation 5(6)(e) for “an authorised person, former authorised person or former regulated person” substitute “ a payment service provider or former payment service provider (within the meaning of regulation 2 of the Payments in Euro (Credit Transfers and Direct Debits) Regulations 2012) ”;

(d)

in regulation 8 after sub-paragraph (b) insert—

“(c)
confidential information received by the Authority in the course of discharging its functions F3corresponding to either—
(i)
Regulation (EC) No 924/2009 of the European Parliament and of the Council on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001; or
(ii)
Regulation (EU) No 260/2012 of the European Parliament and Council establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009;”;

(e)

in regulation 9—

(i)

in paragraph (1) for “(3),(3A), (3C) and (4)” substitute “ (3), (3A) and (4) ”; and

(ii)

after paragraph (4) insert—

“(4A)
Paragraph (1) does not permit disclosure to the persons specified in the first column in Part 5 of Schedule 1 unless the disclosure is of confidential information received by the Authority in the course of discharging its functions as F4corresponding to either—
(a)
Regulation (EC) No 924/2009 of the European Parliament and of the Council on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001; or
(b)
Regulation (EU) No 260/2012 of the European Parliament and Council establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009.”;

(f)

in regulation 11 after sub-paragraph (e) insert—

“(f)
confidential information received by the Authority in the course of discharging its functions F5corresponding to either—
(i)
Regulation (EC) No 924/2009 of the European Parliament and of the Council on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001; or
(ii)
Regulation (EU) No 260/2012 of the European Parliament and Council establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009;”;

(g)

in the second column in Part 1 of Schedule 1, in the list of functions beside—

(i)

“An official receiver appointed under section 399 of the Insolvency Act 1986, or an official receiver for Northern Ireland appointed under article 355 of the Insolvency (Northern Ireland) Order 1989”, after paragraph (ii) insert—

“or
(iii)
payment service providers or former payment service providers”;

(ii)

F6“The Department for the Economy in Northern Ireland” , after paragraph (c)(ii) insert—

“or
(iii)
payment service providers or former payment service providers”;

(iii)

“The Pensions Regulator”, after paragraph (ii) insert—

“or
(iii)
payment service providers or former payment service providers”;

(iv)

“The Charity Commissioners for England and Wales”, after paragraph (ii) insert—

“or
(iii)
payment service providers or former payment service providers”; and

(h)

in Schedule 1, after Part 4 insert—

“PART 5
Person Function
The Commissioners for Her Majesty's Revenue and Customs Their functions under the Money Laundering Regulations 2007
”

Person	Function
The Commissioners for Her Majesty's Revenue and Customs	Their functions under the Money Laundering Regulations 2007

Annotations

Textual amendments

F1: Words in Sch. para. 9(a) substituted (31.12.2020) by The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 7(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in Sch. para. 9(a) substituted (31.12.2020) by The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 7(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in Sch. para. 9(d) substituted (31.12.2020) by The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 7(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in Sch. para. 9(e) substituted (31.12.2020) by The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 7(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
F5: Words in Sch. para. 9(f) substituted (31.12.2020) by The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 7(2)(d); 2020 c. 1, Sch. 5 para. 1(1)
F6: Words in Sch. para. 9(g)(ii) substituted (31.12.2020) by The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 7(2)(e); 2020 c. 1, Sch. 5 para. 1(1)

Marginal citations

M1: S.I. 2001/2188; relevant amending instruments are the Enterprise Act 2002 c.40 section 2 and S.I. 2001/3437, 2001/3624, 2003/693, 2003/1473, 2003/2174; 2004/1862; 2005/3071, 2006/3413, 2007/3255, 2010/2628, 2011/1043, 2011/1265, 2012/916 and 2012/2554.