The Bank of England and Financial Services (Consequential Amendments) Regulations 2017

These Regulations may be cited as the Bank of England and Financial Services (Consequential Amendments) Regulations 2017 and come into force on 1st March 2017.

The Schedule has effect.

In the Companies Act 1985^f1, before section 746 insert—

““Bank of England”

745A.

In this Act references to the Bank of England do not include the Bank acting in its capacity as the Prudential Regulation Authority.”.

In section 119 of the Building Societies Act 1986^f1 (interpretation), after subsection (1) insert—

“(1ZA)

In this Act references to the Bank of England do not include the Bank acting in its capacity as the Prudential Regulation Authority.”.

In the Companies Act 1989^f1—

In section 174 of the Water Act 1989^f1 (general restrictions on disclosure of information), after subsection (8) insert—

“(9)

In this section the reference to the Bank of England does not include the Bank acting in its capacity as the Prudential Regulation Authority.”.

In section 206 of the Water Industry Act 1991^f1 (restriction on disclosure of information), after subsection (10) insert—

“(11)

In this section the reference to the Bank of England does not include the Bank acting in its capacity as the Prudential Regulation Authority.”.

In section 204 of the Water Resources Act 1991^f1 (restriction on disclosure of information), after subsection (7) insert—

“(8)

In this section the reference to the Bank of England does not include the Bank acting in its capacity as the Prudential Regulation Authority.”.

In the Social Security Administration (Northern Ireland) Act 1992^f1—

In the Pension Schemes Act 1993^f1—

In the Pension Schemes (Northern Ireland) Act 1993^f1—

In Part 6 of Schedule 1 to the Freedom of Information Act 2000^f1 (other public bodies and offices: general)—

In Part 1 of Schedule 3A to the Terrorism Act 2000^f1 (regulated sector), in paragraph 2(4)(c) after the words “Bank of England” insert “(acting otherwise than in its capacity as the Prudential Regulation Authority)”.

In section 105 of the Utilities Act 2000^f1 (general restrictions on disclosure of information), in subsection (10), for the full stop at the end of the definition of “REMIT requirement” substitute a semicolon and after that definition insert —

• “and the reference to the Bank of England does not include the Bank acting in its capacity as the Prudential Regulation Authority.”.

In Part 1 of Schedule 9 to the Proceeds of Crime Act 2002^f1 (regulated sector), in paragraph 2(4)(c), after the words “Bank of England” insert “(acting otherwise than in its capacity as the Prudential Regulation Authority)”.

In section 15D of the Companies (Audit, Investigations and Community Enterprise) Act 2004^f1 (permitted disclosure of information obtained under compulsory powers)—

In the Pensions Act 2004^f1—

In the Pensions (Northern Ireland) Order 2005^f1—

In section 71 of the Serious Organised Crime and Police Act 2005^f1 (assistance by offender: immunity from prosecution), in subsection (6B)—

In the Companies Act 2006^f1, after section 1292 insert—

““Bank of England”

“Bank of England”

1292A.

In this Act, except in section 796, references to the Bank of England do not include the Bank acting in its capacity as the Prudential Regulation Authority.”

In Part 1 of Schedule 19 to the Equality Act 2010^f1 (public authorities: general), under the heading “Industry, business and finance etc”—

In section 109 of the Charities Act 2011^f1 (dormant bank accounts: supplementary), in subsection (3)(a), after the words “Bank of England” insert “(acting otherwise than in its capacity as the Prudential Regulation Authority)”.

In article 2 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975^f1, before paragraph (2A) insert—

“(2ZA)

In this Order references to the Bank of England do not include the Bank acting in its capacity as the Prudential Regulation Authority.”.

In Schedule 2 to the Race Relations (Prescribed Public Bodies) (No. 2) Regulations 1994^f1 (prescribed public bodies), in the entry for the Bank of England, after the words “Bank of England” insert “(including the Bank in its capacity as the Prudential Regulation Authority)”.

In regulation 2 of the Financial Markets and Insolvency (Settlement Finality) Regulations 1999^f1 (interpretation), in paragraph (2) before sub-paragraph (a) insert—

“(za)

references to the Bank of England do not include the Bank acting in its capacity as the Prudential Regulation Authority;”.

In article 3 of the Proceeds of Crime Act 2002 (Disclosure of Information to and by the Lord Advocate and Scottish Ministers) Order 2003^f1 (disclosure of information by Lord Advocate and by Scottish Ministers), in paragraph (b), after the words “Bank of England” insert “(acting otherwise than in its capacity as the Prudential Regulation Authority)”.

In regulation 10 of the Credit Institutions (Reorganisation and Winding up) Regulations 2004^f1 (notification to EEA regulators), in paragraph (3), after “Bank of England” insert “(acting otherwise than in its capacity as the Prudential Regulation Authority)”.

In regulation 28 of the Financial Assistance Scheme (Appeals) Regulations 2005^f1 (restriction on use of documents and information provided for investigations), in paragraph (3)(fb), after the words “Bank of England” insert “(acting otherwise than in its capacity as the Prudential Regulation Authority)”.

In section 461 of the Companies Act 2006^f1, as modified and applied to LLPs by regulation 24 of the Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008^f2, further modify subsection (4)(e) to read as follows—

“(e)

for the purpose of enabling or assisting the Bank of England to exercise its functions when acting otherwise than in its capacity as the Prudential Regulation Authority;”.

In article 3 of the Proceeds of Crime Act 2002 (Disclosure of Information) Order 2008^f1 (disclosure of information by certain Directors), in paragraph (b), after the words “Bank of England” insert “(acting otherwise than in its capacity as the Prudential Regulation Authority)”.

In rule 4 of the Bank Administration (England and Wales) Rules 2009^f1, after paragraph (1)(d) insert—

“(da)

“Bank of England” (s 256B(1)),”.

In rule 4 of the Bank Administration Rules (Northern Ireland) 2009^f1, in the appropriate place insert—

• ““Bank of England” (s. 256B(1)),”.

In rule 4 of the Bank Administration (Scotland) Rules 2009^f1, after paragraph (1)(d) insert—

“(da)

“Bank of England” (s 256B(1));”.

In rule 4 of the Building Society Special Administration (Scotland) Rules 2009^f1, in paragraph (1)(l), before paragraph (i) insert—

“(ai)

“the Bank of England” (s 256B(1));”.

In Schedule 1 to the Companies (Disclosure of Address) Regulations 2009^f1 (specified public authorities)—

In Schedule 1 to the Overseas Companies Regulations 2009^f1 (specified public authorities)—

In rule 4 of the Building Society Special Administration (England and Wales) Rules 2010^f1 (interpretation), before paragraph (1)(h)(i) insert—

“(ai)

“the Bank of England” (s 256B(1)),”.

In Schedule 1 to the Equality Act 2010 (Specific Duties) Regulations 2011^f1 (public authorities required to publish information by 31st January 2012), under the heading “Industry, business, finance etc”—

In article 3 of the Postal Services Act 2011 (Disclosure of Information) Order 2012^f1 (prescription of bodies and persons), in the entry for the Bank of England, after the words “Bank of England” insert “acting otherwise than in its capacity as the Prudential Regulation Authority”.

In article 2 of the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013^f1 (interpretation), after paragraph (1) insert—

“(1A)

In this Order references to the Bank of England do not include the Bank acting in its capacity as the Prudential Regulation Authority.”.

In article 2 of the Bank Recovery and Resolution (No. 2) Order 2014^f1 (interpretation), in paragraph (1), in the definition of “the Bank”, after the words “Bank of England” insert “acting otherwise than in its capacity as the Prudential Regulation Authority”.

In rule 4 of the Building Society Special Administration Rules (Northern Ireland) 2014^f1, before paragraph 2(a)(i) insert—

“(ai)

“the Bank of England” (s. 256B(1)),”.

In the Schedule to the Financial Services (Banking Reform) Act 2013 (Disclosure of Confidential Information) Regulations 2014^f1 (persons and functions in respect of which disclosure is permitted), in the Table, in the entry relating to the Bank of England, in the second column, after the words “Its public functions” insert “, apart from its functions as the Prudential Regulation Authority”.

In Schedule 1 to the Companies (Disclosure of Date of Birth Information) Regulations 2015^f1 (specified public authorities)—

In Schedule 4 to the Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015^f1 (specified “public authorities” and list of government departments and other bodies whose views must be sought), in the Table, in the entry relating to the Prudential Regulation Authority, for the words in column (2) substitute “the Governor and Company of the Bank of England”.

In regulation 7 of the Small and Medium Sized Business (Credit Information) Regulations 2015^f1 (designated credit reference agencies to provide information to the Bank of England), omit paragraphs (3)(a), (4) and (5) and in paragraph (3)(b) omit the word “other”.

In Schedule 3 to the Register of People with Significant Control Regulations 2016^f1 (specified public authorities)—

(This note is not part of the Regulations)