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SCHEDULES

SCHEDULE 12Amendments of Parts 11 and 23 of FSMA 2000

PART 2Part 23 of FSMA 2000: public record, disclosure of information and co-operation

17After section 347 insert—

347ADuty of PRA to disclose information relevant to the record

(1)The PRA must, for the purpose of assisting the FCA to comply with its duty under section 347—

(a)notify the FCA if the information included in the record as required under section 347(2)(a) appears to the PRA to be incomplete or inaccurate,

(b)if it makes a prohibition order relating to an individual, provide the FCA with information falling within section 347(2)(f) in relation to that order,

(c)where it is the appropriate regulator in relation to an approved person, provide the FCA with information falling within section 347(2)(g) in relation to that approved person, and

(d)where the FCA has notified the PRA that it considers it appropriate to include in the record information of a certain description, disclose to the FCA such information of that description as the PRA has in its possession.

(2)The duty to provide information under this section does not apply to information which the PRA reasonably believes is in the possession of the FCA.

(3)Subsection (1) does not require or authorise the disclosure of information whose disclosure is prohibited by or under section 348.

(4)This section is without prejudice to any other power to disclose information.

(5)In this section references to the “record” are to the record maintained under section 347.