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SCHEDULE 6U.K.Application and modification of legislation

PART 2U.K.Application and modification of secondary legislation

The Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001U.K.

12.  The Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001 M1 apply to any notice, direction or document of any kind given by or to the FCA under these Regulations as it applies to any notice, direction or document of any kind under the 2000 Act.

Marginal Citations

The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001U.K.

13.  The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 M2 apply with the following modifications—

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

F1(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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/EC M3;

F4...”;

[F5(iv)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 ”;

F6(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.”;

F8(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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”; and

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

“PART 4AU.K.
PersonFunctions>
The Commissioners for Her Majesty's Revenue and CustomsTheir functions under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017”.

Textual Amendments

Marginal Citations

M3OJ L 337 23.12.2015, p.35.