OpenLegislation

Section 158A Other disclosures by the Secretary of State.F1C1

England, Wales and Scotland

(1)

The Secretary of State may, in spite of any obligation as to secrecy or confidentiality imposed by statute or otherwise on him or on persons employed in F2the Department for Work and Pensions, disclose F3any regulated information to any person specified in the first column of the following Table if he considers that the disclosure would enable or assist the person to discharge the functions specified in relation to the person in the second column of the Table.

TABLE

PersonsFunctions
F4. . .. . .
The Bank of England. F5Any of its functions F6, apart from its functions as the Prudential Regulation Authority.
F7The Financial Conduct Authority Any of its functions.
The Prudential Regulation Authority Any of its functions.
The Regulatory Authority.Functions under this Act F8, the Pensions Act 1995, the Welfare Reform and Pensions Act 1999 or the Pensions Act 2004 or any enactment in force in Northern Ireland corresponding to any of those enactments.
F9The Pensions Ombudsman. Functions conferred by or by virtue of this Act or any enactment in force in Northern Ireland corresponding to it.
The Board of the Pension Protection Fund.Functions conferred by or by virtue of Part 2 of the Pensions Act 2004 or any enactment in force in Northern Ireland corresponding to that Part.
The Ombudsman for the Board of the Pension Protection Fund.Functions conferred by or by virtue of Part 2 of the Pensions Act 2004 or any enactment in force in Northern Ireland corresponding to that Part.

F10A person appointed under—

  1. (a)

    section 167 of the Financial Services and Markets Act 2000,

  2. (b)

    subsection (3) or (5) of section 168 of that Act, or

  3. (c)

    section 284 of that Act, to conduct an investigation.

Functions in relation to that investigation
A body designated under section 326(1) of the Financial Services and Markets Act 2000. Functions in its capacity as a body designated under that section.
A recognised investment exchange F11, recognised clearing house, EEA central counterparty, third country central counterparty, recognised CSD, EEA CSD or third country CSD (as defined by section 285 of that Act). Functions in its capacity as an exchange F12, clearing house or central securities depository recognised under that Act F13or as an EEA central counterparty or EEA CSD authorised by the competent authority of the EEA State in which it is established, or as a third country central counterparty or third country CSD recognised by the European Securities and Markets Authority established by Regulation (EU) No 1095/2010.
. . .. . .
. . .. . .
. . .. . .
. . .. . .
. . .. . .
. . .. . .
(F141AA)

In subsection (1), “regulated information” means information received by the Secretary of State in connection with his functions under—

(a)

this Act,

(b)

the Pensions Act 1995, or

(c)

the Pensions Act 2004,

other than information supplied to him under section 235(2) of, or paragraph 2 of Schedule 10 to, the Pensions Act 2004 (supply of information for retirement planning purposes etc).

(F151A)

The Inland Revenue may, in spite of any obligation as to secrecy or confidentiality imposed by statute or otherwise on them or on their officers, disclose any information received by them in connection with their functions under Part III of this Act to any person specified in the first column of the Table in subsection (1) if they consider that the disclosure would enable or assist the person to discharge the functions specified in relation to the person in the second column of the Table.

(2)

The Secretary of State may by order—

(a)

amend the Table in subsection (1) by—

(i)

adding any person exercising regulatory functions and specifying functions in relation to that person,

(ii)

removing any person for the time being specified in the Table, or

(iii)

altering the functions for the time being specified in the Table in relation to any person, or

(b)

restrict the circumstances in which, or impose conditions subject to which, disclosure may be made to any person for the time being specified in the Table

Annotations

Textual amendments

F1

S. 158A inserted (6.4.1996) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 6 para. 9; S.I. 1996/778, art. 2(4), Sch. Pt. 4

F2

Words in s. 158A(1) substituted (27.6.2002) by The Secretaries of State for Education and Skills and for Work and Pensions Order 2002 (S.I. 2002/1397), Sch. para. 9(3)

F3

Words in s. 158A(1) substituted (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 26(2); S.I. 2005/275, art. 2(7), Sch. Pt. 7 (with art. 3(2))

F4

Words in s. 158A(1) Table repealed (1.12.2001) by The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), arts. 1, 124(2)

F5

Words in s. 158A(1) Table substituted (1.6.1998) by Bank of England Act 1998 (c. 11), s. 45, Sch. 5 para. 69(3); S.I. 1998/1120, art. 2

F6

Words in s. 158A(1) Table inserted (1.3.2017) by The Bank of England and Financial Services (Consequential Amendments) Regulations 2017 (S.I. 2017/80), reg. 1, Sch. para. 8(b)

F7

Words in s. 158A(1) Table substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 78(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F8

Words in s. 158A(1) Table substituted (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 26(3)(a); S.I. 2005/275, art. 2(7), Sch. Pt. 7 (with art. 3(2))

F9

Words in s. 158A(1) Table substituted (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 26(3)(b); S.I. 2005/275, art. 2(7), Sch. Pt. 7 (with art. 3(2))

F10

Words in s. 158A(1) Table inserted (1.12.2001) by The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), arts. 1, 124(4)

F11

Words in s. 158A(1) Table substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 7(3)(a) (with regs. 7(4), 9(1))

F12

Words in s. 158A(1) Table substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 7(3)(b)(i) (with regs. 7(4), 9(1))

F13

Words in s. 158A(1) Table inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 7(3)(b)(ii) (with regs. 7(4), 9(1))

F14

S. 158A(1AA) inserted (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 26(4); S.I. 2005/275, art. 2(7), Sch. Pt. 7 (with art. 3(2))

F15

S. 158A(1A) inserted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 6 para. 8; S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

Modifications

C1

S. 158A modified (3.9.2001) by The Financial Services and Markets Act 2000 (Consequential Amendments) (Pre-Commencement Modifications) Order 2001 (S.I. 2001/2966), arts. 1, 10