The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001

Exceptions from restrictions on disclosure of information by the Authorised Conveyancing Practitioners Board

323.—(1) Subsection (2) of section 50 of the Courts and Legal Services Act 1990 (power of the Board to disclose information for certain purposes) is amended as follows.

(2) The following are repealed—

(a) paragraphs (d) and (l);

(b) sub-paragraph (vii) of paragraph (m); and

(c) in paragraph (i)(1) of sub-paragraph (p), the words “the Building Societies Commission”.

(3) For paragraph (e) substitute—

“(e) a recognised investment exchange or a recognised clearing house (both within the meaning given by section 285 of the Financial Services and Markets Act 2000) to discharge any of its functions;”.

(4) For paragraphs (fa)(2) to (h) substitute—

“(fa) the Financial Services Authority to discharge its functions under the legislation relating to friendly societies or to industrial and provident societies, under the Building Societies Act 1986 or under the Financial Services and Markets Act 2000;

(g) the Secretary of State or the Treasury to discharge any function conferred by this Act, the Financial Services and Markets Act 2000 or any enactment relating to competition, companies or insolvency;

(h) the competent authority for the purposes of Part 6 of the Financial Services and Markets Act 2000 to discharge its functions under that Part;

(ha) a person appointed under—

(i) section 167 of the Financial Services and Markets Act 2000 (general investigations),

(ii) section 168 of that Act (investigations in particular cases),

(iii) section 169(1)(b) of that Act (investigation in support of overseas regulator),

(iv) section 284 of that Act (investigations into affairs of certain collective investment schemes), or

(v) regulations made as a result of section 262(2)(k) of that Act (investigations into open-ended investment companies),

to conduct an investigation to discharge his functions;

(hb) any inspector appointed by the Secretary of State under this Act or any enactment relating to competition, companies or insolvency to discharge his functions under that enactment;

(hc) a body designated under section 326(1) of the Financial Services and Markets Act 2000 to discharge its functions in its capacity as a body designated under that section;”.

(5) In paragraph (m), after sub-paragraph (ix) insert—

“(x) the Financial Services and Markets Act 2000;”.

(6) For paragraph (r) substitute—

“(r) the Financial Services Tribunal to discharge any function it has in relation to proceedings before it by virtue of the Financial Services and Markets Act 2000 (Transitional Provisions) (Partly Completed Procedures) Order 2001;

(s) the Financial Services and Markets Tribunal to discharge any of its functions.”.

(1)

Section 50(2)(p)(i) was amended by the Bank of England Act 1998 (c. 11), Schedule 5, paragraph 67(b).

(2)

Section 50(2)(fa) was inserted by the Bank of England Act 1998 (c. 11), Schedule 5, paragraph 67(a).