Part XXIII Public Record, Disclosure of Information and Co-operation
F1Information received from Bank of England
C1353AInformation received from Bank of England
1
F3The FCA must not disclose to any person specially protected information.
2
“Specially protected information” is information in relation to which the first and second conditions are met.
3
The first condition is that F4the FCA received the information from the Bank of England.
4
The second condition is that the Bank notified the F5FCA that the Bank held the information for the purpose of its functions with respect to any of the following—
a
monetary policy;
b
financial operations intended to support financial institutions for the purposes of maintaining stability;
c
the provision of private banking services and related services.
5
The notification referred to in subsection (4) must be—
a
in writing, and
b
given before, or at the same time as, the Bank discloses the information.
6
The prohibition in subsection (1) does not apply—
F6a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
where the Bank has consented to disclosure of the information;
c
to information which has been made available to the public by virtue of being disclosed in any circumstances in which, or for any purposes for which, disclosure is not precluded by this section;
d
to information which the F7FCA is required to disclose in pursuance of any EU obligation.
7
In this section references to disclosure by or to F8the FCA or by the Bank include references to disclosure by or to—
a
persons who are, or are acting as,—
i
officers of, or members of the staff of, the F9FCA, or
ii
officers, employees or agents of the Bank, or
b
auditors, experts, contractors or investigators appointed by the F10FCA or the Bank under powers conferred by this Act or otherwise.
8
9
F13The FCA must take such steps as are reasonable in the circumstances to prevent the disclosure of specially protected information, in cases not excluded by subsection (6), by those who are or have been—
a
its officers or members of staff (including persons acting as its officers or members of staff);
b
auditors, experts, contractors or investigators appointed by the F14FCA under powers conferred by this Act or otherwise;
c
persons to whom the F15FCA has delegated any of its functions.
F210
In this section references to the Bank of England include the Bank acting in its capacity as the PRA.
S. 353A and cross-heading inserted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 12 para. 24 (with Sch. 20); S.I. 2013/423, art. 3, Sch.