SCHEDULE 6Application and modification of legislation

PART 2Application and modification of secondary legislation

The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 200113

The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 M1 apply with the following modifications—

a

regulation 2 (interpretation) is to be read as if—

F1i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

iii

F3before the definition of “prescribed disciplinary proceedings” there were inserted—

“payment services directive” means Directive 2015/2366/EU of the European Parliament and of the Council of 25th November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No. 1093/2010, and repealing Directive 2007/64/ECM2;

F4...

F5iv

in the definition of “relevant provisions”, after paragraph (j) there were inserted—

k

Article 24 of the payment services directive;

v

in the definition of “relevant directives”, after paragraph (e) there were inserted—

ea

the payment services directive;

b

regulation 5(4)(a) (disclosure for the purposes of certain other proceedings) is to be read as if for “an authorised person, former authorised person or former regulated person” there were substituted “ a payment service provider, former payment service provider, excluded provider or former excluded provider ”;

c

regulation 5(6)(e) is to be read as if for “an authorised person, former authorised person or former regulated person” there were substituted “ a payment service provider, former payment service provider, excluded provider or former excluded provider ”;

F6d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

regulation 9 (disclosure by regulators or regulator workers to certain other persons) is to be read as if—

i

in paragraph (1) after “paragraphs” there were inserted “ (1B) ”; and

ii

after paragraph (1A) there were inserted—

1B

Paragraph (1) does not permit disclosure to the persons specified in the first column in Part 4A of Schedule 1 unless the disclosure is of payment services F7... information.

F8f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g

Part 1 of Schedule 1 (disclosure of confidential information whether or not subject to F9retained EU law restrictions) is to be read as if, in the second column, in the list of functions beside—

i

“An official receiver appointed under section 399 of the Insolvency Act 1986, or an official receiver for Northern Ireland appointed under article 355 of the Insolvency (Northern Ireland) Order 1989”, after paragraph (ii) there were inserted—

or

iv

payment service providers, former payment service providers, excluded providers or former excluded providers

ii

F10“The Department for the Economy in Northern Ireland”, after paragraph (c)(ii) there were inserted—

or

iii

payment service providers, former payment service providers, excluded providers or former excluded providers

iii

“The Pensions Regulator”, after paragraph (ii) there were inserted—

or

iii

payment service providers, former payment service providers, excluded providers or former excluded providers

iv

“The Charity Commissioners for England and Wales”, after paragraph (ii) there were inserted—

or

iii

payment service providers, former payment service providers, excluded providers or former excluded providers

h

Schedule 1 is to be read as if after Part 4 there were inserted—

PART 4A

Person

Functions>

The Commissioners for Her Majesty's Revenue and Customs

Their functions under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017