87 Exceptions from restrictions on disclosure.U.K.
(1)Information to which section 86 applies may be disclosed—
(a)to any person with a view to the institution of, or otherwise for the purposes of, relevant proceedings,
(b)for the purpose of enabling or assisting a relevant authority to discharge any relevant function (including functions in relation to proceedings),
(c)to the Treasury, if the disclosure is made in the interests of investors or in the public interest,
(d)if the information is or has been available to the public from other sources,
(e)in a summary or collection of information framed in such a way as not to enable the identity of any person to whom the information relates to be ascertained, or
(f)in pursuance of any [F1EU] obligation.
(2)The relevant proceedings referred to in subsection (1)(a) are—
(a)any criminal proceedings,
[F2(b)civil proceedings arising under or by virtue of the Financial Services and Markets Act 2000 and proceedings before the Upper Tribunal in respect of—
[F3(i)a decision of the FCA;
(ia)a decision of the PRA;]
(ii)a decision of the Bank of England; or
(iii)a decision of a person relating to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 2008 [F4, the Banking Act 2009 or Schedule 11 to the Financial Services and Markets Act 2023],]
(c)disciplinary proceedings relating to—
(i)the exercise by a [F5relevant lawyer], auditor, accountant, valuer or actuary of his professional duties, or
(ii)the discharge by a public servant of his duties.
[F6(d)proceedings before [F7the Pensions Regulator Tribunal][F7a tribunal in relation to a decision of the Pensions Regulator].]
[F8(2A)In subsection (2)(c)(i) “relevant lawyer” means—
(a)a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a reserved legal activity (within the meaning of that Act),
(b)a solicitor or barrister in Northern Ireland, or
(c)a solicitor or advocate in Scotland.]
(3)In subsection (2)(c)(ii) “public servant” means an officer or servant of the Crown or of any public or other authority for the time being designated for the purposes of that provision by order of the Secretary of State.
(4)The relevant authorities referred to in subsection (1)(b), and the relevant functions in relation to each such authority, are as follows—
| Authority | Functions |
|---|---|
| [F9The Secretary of State | Functions under— (a)the enactments relating to companies or insolvency; (b)Part 2, this Part or Part 7 of this Act; (c)the Financial Services and Markets Act 2000.] |
| [F10The Treasury. | Functions under— (a)this Part or Part 7 of this Act; (b)the Financial Services and Markets Act 2000.] |
| [F11An inspector appointed under Part 14 of the Companies Act 1985. | Functions under that Part.] |
| [F12A person authorised to exercise powers under section 447 of the Companies Act 1985 or section 84 of this Act. | Functions under that section.] |
[F12A person appointed under— (a)section 167 of the Financial Services and Markets Act 2000 (general investigations), (b)section 168 of that Act (investigations in particular cases), (c)section 169(1)(b) of that Act (investigation in support of overseas regulator), (d)section 284 of that Act (investigations into affairs of certain collective investment schemes), or (e)regulations made as a result of section 262(2)(k) of that Act (investigations into open-ended investment companies),to conduct an investigation. | Functions in relation to the investigation.] |
| An overseas regulatory authority. | Its regulatory functions (within the meaning of section 82 of this Act). |
| The Department of Economic Development in Northern Ireland or a person appointed or authorised by that Department. | Functions conferred on it or him by the enactments relating to companies or insolvency. |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| F13. . . | F13. . . |
| The Bank of England. | [F14Any of its functions] |
| [F15[F16The FCA or the PRA]. | Functions under the enactments relating to friendly societies, under the Building Societies Act 1986 and under the Financial Services and Markets Act 2000.] |
| [F17A 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. |
| A recognised investment exchange[F18, recognised clearing house or recognised CSD] (as defined by section 285 of that Act). | Functions in its capacity as an exchange [F19clearing house or central securities depository] recognised under that Act. |
| 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.] |
| F13. . . | F13. . . |
| [F20A body designated by order under section 1252 of the Companies Act 2006.] | [F20Functions under Part 42 of the Companies Act 2006.] |
| [F21A recognised supervisory or qualifying body within the meaning of Part 42 of the Companies Act 2006.] | [F21Functions as such a body.] |
| F13. . . | F13. . . |
| F22. . . | F22. . . |
| The Official Receiver or, in Northern Ireland, the Official Assignee for company liquidations or for bankruptcy. | Functions under the enactments relating to insolvency. |
| A recognised professional body (within the meaning of section 391 of the Insolvency Act 1986). | Functions in its capacity as such a body under the M1Insolvency Act 1986. |
| F13. . . | F13. . . |
| [F23The Pensions Regulator | Functions conferred by or by virtue of— (a) the Pension Schemes Act 1993, (b) the Pensions Act 1995, (c) the Welfare Reform and Pensions Act 1999, (d) the Pensions Act 2004, or any enactment in force in Northern Ireland corresponding to an enactment mentioned in paragraphs (a) to (d) above. |
| 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.] |
| [F24The Competition and Markets Authority] | Functions under the [F25Financial Services and Markets Act 2000]. |
| [F26A person authorised by the Secretary of State under sections 245C of the Companies Act 1985.] | [F26Functions relating to the securing of compliance by companies with the accounting requirements of that Act).] |
| F27. . . | F27. . . |
| [F28The Comptroller and Auditor General. | Functions under Part 2 of the National Audit Act 1983.] |
| [F29The Scottish Ministers | Functions under the enactments relating to insolvency |
| The Accountant in Bankruptcy | Functions he has under the enactments relating to insolvency.] |
| [F30 The Regulator of Community Interest Companies. | Functions under the Companies (Audit, Investigations and Community Enterprise) Act 2004.] |
| [F31The Gambling Commission | [F32Functions under— (a)the Gambling Act 2005, (b)sections 5 to 10 and 15 of the National Lottery etc. Act 1993.]] |
[F33Note: Article 3(4) of the Companies (Disclosure of Information) (Designated Authorities) (No. 2) Order 2002 restricts the circumstances in which disclosure for the purpose of enabling or assisting the Comptroller and Auditor General to discharge his relevant functions is permitted.]
(5)The Secretary of State may by order amend the Table in subsection (4) so as to—
(a)add any public or other authority to the Table and specify the relevant functions of that authority,
(b)remove any authority from the Table, or
(c)add functions to, or remove functions from, those which are relevant functions in relation to an authority specified in the Table;
and the order may impose conditions subject to which, or otherwise restrict the circumstances in which, disclosure is permitted.
(6)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3), 4(2), 6(4)(5))
F2S. 87(2)(b) substituted (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 9(a) (with Sch. 5)
F3S. 87(2)(b)(i)(ia) substituted for s. 87(2)(b)(i) (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 64(2) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F4Words in s. 87(2)(b)(iii) substituted (31.12.2023) by The Resolution of Central Counterparties (Modified Application of Corporate Law and Consequential Amendments) Regulations 2023 (S.I. 2023/1313), regs. 1(2), 8(2)
F5Words in s. 87(2)(c)(i) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 82(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)
F6S. 87(2)(d) inserted (6.4.2005) by Pensions Act 2004 (c. 35), ss. 102(4), 322, Sch. 4 para. 20 (with s. 313); S.I. 2005/275, art. 2(7), Sch. Pt. 7 (subject to art. 2(12))
F7Words in s. 87(2)(d) substituted (E.W.S.) (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 9(b) (with Sch. 5)
F8S. 87(2A) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 82(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)
F9S. 87(4): Entry in the Table substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 77(5)
F10S. 87(4): Entry in the Table substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 77(6)
F11S. 87(4): Entry in the Table substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 77(7)
F12S. 87(4): Entries in the Table substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 77(8)
F13S. 87(4): Entries in the Table repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 77(4)
F14S. 87(4) Table: words inserted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV c. II para. 66(3); S.I. 1998/1120, art. 2
F15S. 87(4): Entry in the Table substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 77(9)
F16Words in s. 87(4) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 64(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F17S. 87(4): Entries in the Table inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 77(10)
F18Words in s. 87(4) Table substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 5(2)(a) (with regs. 7(4), 9(1))
F19Words in s. 87(4) Table substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 5(2)(b) (with regs. 7(4), 9(1))
F20S. 87(4) Table: entries substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 158
F21S. 87(4) Table: entries substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 158
F22S. 87(4): Entry in the Table omitted (30.4.2001) by virtue of S.I. 2001/1283, art. 3(4)
F23S. 87(4) Table: entries substituted (6.4.2005) for entry relating to the Occupational Pensions Regulatory Authority by Pensions Act 2004 (c. 35), ss. 319(1), 322, Sch. 12 para. 6; S.I. 2005/275, art. 2(7), Sch. Pt. 7 (subject to art. 2(12))
F24Words in s. 87(4) Table substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 69 (with art. 3)
F25Words in the Table in s. 87(4) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 77(11)
F26S. 87(4) Table: entry inserted (16.8.1993) by S.I. 1993/1826, art. 3
F27S. 87(4) Table: entry omitted (1.10.2013) by virtue of The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 23(a) (with art. 8, Sch. para. 43)
F28S. 87(4) Table: Entry inserted (14.8.2002) by S.I. 2002/1889, art. 3(2)
F29S. 87(4) Table: entries inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 96
F30S. 87(4) Table: entry inserted (1.7.2005) by Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), ss. 25, 65, Sch. 2 para. 29; S.I. 2004/3322, art. 2(3), Sch. 3
F31S. 87(4) Table: entry inserted (1.10.2006) by The Companies (Disclosure of Information) (Designated Authorities) Order 2006 (S.I. 2006/1644), art. 3
F32Words in s. 87(4) Table substituted (1.10.2013) by The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013 (S.I. 2013/2329), art. 1(2), Sch. para. 23(b) (with art. 8, Sch. para. 43)
F33S. 87(4): Table Note added (14.8.2002) by S.I. 2002/1889, art. 3(3)
Modifications etc. (not altering text)
C1S. 87 amended (temp. from 3.9.2001) by S.I. 2001/2966, art. 7
S. 87 disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127, Sch. 4 Pt. I para. 28
C2S. 87(1)(b) restricted (14.8.2002) by S.I. 2002/1889, art. 3(4)
Commencement Information
I1S. 87 wholly in force at 25.4.1991 see s. 215 and S.I. 1990/142 and 1991/878, art. 2, Sch.
Marginal Citations