OpenLegislation

Schedule 8 Restricted information held by the Board: certain permitted disclosures to facilitate exercise of functionsI1

England, Wales and Scotland

PersonsFunctions

The Secretary of State.

Functions under—

  1. (a)

    Part 14 of the Companies Act 1985 (c. 6),

  2. (b)

    the Insolvency Act 1986 (c. 45),

  3. (c)

    Part 3 of the Companies Act 1989 (c. 40),

  4. (d)

    Part 1 of the Export and Investment Guarantees Act 1991 (c. 67) (apart from sections 5 and 6),

  5. (e)

    Part 3 of the Pension Schemes Act 1993 (c. 48),

  6. (f)

    Part 5 of the Police Act 1997 (c. 50),

  7. (g)

    the Financial Services and Markets Act 2000 (c. 8), or

  8. (h)

    this Act,

and functions of co-operating with overseas government authorities and bodies in relation to criminal matters.

The Bank of England.Any of its functions F1, apart from its functions as the Prudential Regulation Authority
F2The Financial Conduct Authority Any of its functions
The Prudential Regulation AuthorityAny of its functions
F3The Charity Commission Functions under the Charities Act 2006 or the Charities Act 2011.
The Pensions Regulator Tribunal.Any of its functions.
F4The First-tier Tribunal Functions relating to decisions of the Regulator
The Upper TribunalFunctions relating to decisions of the Regulator
The Pensions Ombudsman.

Functions under—

  1. (a)

    the Pension Schemes Act 1993, or

  2. (b)

    the Pension Schemes (Northern Ireland) Act 1993 (c. 49).

The Ombudsman for the Board of the Pension Protection Fund.Any of his functions.
The Comptroller and Auditor General.Any of his functions.
The Auditor General for Wales.Any of his functions.
The Auditor General for Scotland.Any of his functions.
The Comptroller and Auditor General for Northern Ireland.Any of his functions.
The Commissioners of Inland Revenue or their officers.

Functions under—

  1. (a)

    the Income and Corporation Taxes Act 1988 (c. 1),

  2. (b)

    the Taxation of Chargeable Gains Act 1992 (c. 12),

  3. (c)

    Part 3 of the Pension Schemes Act 1993 (c. 48),

  4. (d)

    F5Part 3 of the Pension Schemes (Northern Ireland) Act 1993 (c. 49), ...

  5. (e)

    the Income Tax (Earnings and Pensions) Act 2003 (c. 1). F6F7...

  6. (f)

    the Income Tax (Trading and Other Income) Act 2005 (so far as relating to functions previously exercised under the Income and Corporation Taxes Act 1988).F8 or-

  7. (g)

    the Income Tax Act 2007 (so far as relating to functions previously exercised under the Income and Corporation Taxes Act 1988).

The Commissioners of Customs and Excise.Functions under any enactment.
The Official Receiver or, in Northern Ireland, the Official Receiver for Northern Ireland.Functions under the enactments relating to insolvency.
An inspector appointed by the Secretary of State.Functions under Part 14 of the Companies Act 1985 (c. 6).

A person authorised to exercise powers under—

  1. (a)

    section 447 of the Companies Act 1985,

  2. (b)

    F9...

  3. (c)

    section 84 of the Companies Act 1989 (c. 40).

Functions under those sections F10....

A person appointed under—

  1. (a)

    section 167 of the Financial Services and Markets Act 2000 (c. 8),

  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 that Act.Functions in its capacity as a body designated under that section.
F11A recognised investment exchange, recognised clearing house, F12recognised CSDF13..., third country CSD, F14... or third country central counterparty (as defined by section 285 of that Act). Functions in its capacity as an exchange, clearing house F15, central securities depository or central counterparty.
A body corporate established in accordance with section 212(1) of that Act.Functions under the Financial Services Compensation Scheme, established in accordance with section 213 of that Act.
The Panel on Takeovers and Mergers.Functions under the City Code on Takeovers and Mergers and the Rules Governing Substantial Acquisitions of Shares for the time being issued by the Panel.
The General Insurance Standards Council.Functions of regulating sales and advisory and service standards in relation to insurance.
A recognised professional body (within the meaning of section 391 of the Insolvency Act 1986 (c. 45)).Functions in its capacity as such a body under that Act.
A person on whom functions are conferred by or under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 (c. 29).The functions so conferred.
F16A special health authority established under section 28 of the National Health Service Act 2006 directed to carry out counter fraud functions of the Secretary of State within the meaning of section 195 of that Act Any of its functions.
The Department of Enterprise, Trade and Investment in Northern Ireland.

Functions under—

  1. (a)

    F17...

  2. (b)

    the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), ...

  3. (c)

    ...

The Department for Social Development in Northern Ireland.Functions under Part 3 of the Pension Schemes (Northern Ireland) Act 1993 (c. 49).
F18. . .. . .
A recognised professional body within the meaning of Article 350 of the Insolvency (Northern Ireland) Order 1989.Functions in its capacity as such a body under that Order.
F19. . .. . .
F20A member of the panel appointed under paragraph 4 of Schedule 17 to the Financial Services and Markets Act 2000 (c.8) by the body corporate F21mentioned in paragraph 2 of that Schedule.

Functions under—

  1. (a)

    Part 3 (the compulsory jurisdiction),

  2. (b)

    Part 3A (the consumer credit jurisdiction), and

  3. (c)

    Part 4 (the voluntary jurisdiction) of that Schedule to that Act.

The Gambling Commission.

Functions under—

  1. (a)

    the Gaming Act 1968 (c.65),

  2. (b)

    the Lotteries and Amusements Act 1976 (c.32), and

  3. (c)

    the Gambling Act 2005 (c.19).

F22Disclosure and Barring Service Functions under Part 5 of the Police Act 1997

Annotations

Textual amendments

F1

Words in Sch. 8 inserted (1.3.2017) by The Bank of England and Financial Services (Consequential Amendments) Regulations 2017 (S.I. 2017/80), reg. 1, Sch. para. 15(b)

F2

Words in Sch. 8 substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 104(4)(a) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F3

Words in Sch. 8 substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 102 (with s. 20(2), Sch. 8)

F4

Words in Sch. 8 inserted (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 89 (with Sch. 5)

F5

Word in Sch. 8 repealed (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 659(a), Sch. 3 (with Sch. 2)

F6

Word in Sch. 8 repealed (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 488(a), Sch. 3 Pt. 1 (with Sch. 2)

F7

Words in Sch. 8 inserted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 659(b) (with Sch. 2)

F8

Words in Sch. 8 inserted (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 488(b) (with Sch. 2)

F9

Words in Sch. 8 omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 243(13)(a)(i) (with art. 10)

F10

Words in Sch. 8 omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 243(13)(a)(ii) (with art. 10)

F11

Words in Sch. 8 substituted (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 23(3) (with regs. 52-58)

F12

Words in Sch. 8 inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 10(3)(a) (with regs. 7(4), 9(1))

F13

Words in Sch. 8 omitted (31.12.2020) by virtue of The Occupational and Personal Pension Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/192), regs. 1, 5(11); 2020 c. 1, Sch. 5 para. 1(1)

F14

Words in Sch. 8 omitted (31.12.2020) by virtue of The Occupational and Personal Pension Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/192), regs. 1, 5(11); 2020 c. 1, Sch. 5 para. 1(1)

F15

Words in Sch. 8 inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 10(3)(b) (with regs. 7(4), 9(1))

F16

Words in Sch. 8 substituted (1.11.2017) by The NHS Counter Fraud Authority (Investigatory Powers and Other Miscellaneous Amendments) Order 2017 (S.I. 2017/960), arts. 1(1), 2

F17

Words in Sch. 8 omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 243(13)(b) (with art. 10)

F18

Words in Sch. 8 omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 243(13)(c) (with art. 10)

F19

Sch. 8 entry omitted (7.12.2006) by virtue of The Pensions Act 2004 (Disclosure of Restricted Information) (Amendment of Specified Persons) Order 2006 (S.I. 2006/2937), arts. 1, 3(a)

F20

Sch. 8 words added (7.12.2006) by The Pensions Act 2004 (Disclosure of Restricted Information) (Amendment of Specified Persons) Order 2006 (S.I. 2006/2937), arts. 1, 3(b)

F21

Words in Sch. 8 substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 104(4)(b) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F22

Words in Sch. 8 inserted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 85 (with Pt. 4)

Commencement

I1

Sch. 8 in force at 9.12.2005 by S.I. 2005/3331, art. 2(2), Sch. Pt. 2