PART IIOccupational Pensions

Disclosure of information: the Authority

Disclosure for facilitating discharge of functions by other supervisory authorities105

1

Article 102 above does not preclude the disclosure by the Authority of restricted information to any person specified in the first column of the following Table if the Authority consider that the disclosure would enable or assist that person to discharge the functions specified in relation to him in the second column of that Table.

TABLE

Persons

Functions

The Department

Functions under the Charities Act (Northern Ireland) 196453 or Part III of the Pension Schemes Act.

The Department of Economic Development.

Functions under Part XV of the Companies (Northern Ireland) Order 198654, the Insolvency (Northern Ireland) Order 198955 or Part II of the Companies (No.2) (Northern Ireland) Order 199056.

The Secretary of State.

Functions under the Insurance Companies Act 198257, Part XIV of the Companies Act 198558, the Insolvency Act 198659, the Financial Services Act 198660, Part III of the Companies Act 198961 or Part III of the Pension Schemes Act 199362.

The Treasury.

Functions under the Financial Services Act 1986.

The Bank of England.

Functions under the Banking Act 198763 or any of the functions.

The Charity Commissioners.

Functions under the Charities Act 199364.

The Lord Advocate.

Functions under Part I of the Law Reform (Miscellaneous Provisions) (Scotland) Act 199065.

The Pensions Ombudsman and the Registrar of Occupational and Personal Pension Schemes.

Functions under the Pension Schemes Act or the Pension Schemes Act 1993.

The Compensation Board.

Functions under this Order or any corresponding enactment in force in Great Britain.

The Policyholders Protection Board.

Functions under the Policyholders Protection Act 197566.

The Deposit Protection Board.

Functions under the Banking Act 1987.

The Investor Protection Board.

Functions under the Building Societies Act 198667.

The Friendly Societies Commission.

Functions under the enactments relating to friendly societies.

The Building Societies Commission.

Functions under the Building Societies Act 1986.

The Commissioners of Inland Revenue or their officers.

Functions under the Taxes Act 198868 or the Taxation of Chargeable Gains Act 199269.

The Official Receiver for Northern Ireland or the Official Receiver in England and Wales.

Functions under the enactments relating to insolvency.

An inspector appointed by the Department of Economic Development.

Functions under Part XV of the Companies (Northern Ireland) Order 198670.

A recognised professional body (within the meaning of Article 350 of the Insolvency (Northern Ireland) Order 198971).

Functions in its capacity as such a body under that Order.

A recognised professional body (within the meaning of section 391 of the Insolvency Act 198672).

Functions in its capacity as such a body under that Act.

An inspector appointed by the Secretary of State.

Functions under Part XIV of the Companies Act 198573 or section 94 or 177 of the Financial Services Act 198674.

A person authorised to exercise powers under section 43A or 44 of the Insurance Companies Act 198275, section 447 of the Companies Act 1985, Article 440 of the Companies (Northern Ireland) Order 1986, section 106 of the Financial Services Act 1986, or section 84 of the Companies Act 198976.

Functions under those sections or that Article.

A designated agency or transferee body or the competent authority (within the meaning of the Financial Services Act 1986).

Functions under the Financial Services Act 1986.

A recognised self-regulating organisation, recognised professional body, recognised investment exchange or recognised clearing house (within the meaning of the Financial Services Act 1986).

Functions in its capacity as an organisation, body, exchange or clearing house recognised under the Financial Services Act 1986.

A person administering a scheme for compensating investors under section 54 of the Financial Services Act 1986.

Functions under that section.

2

The Department may after consultation with the Authority—

a

by order amend the Table in paragraph (1) by—

i

adding any person exercising regulatory functions and specifying functions in relation to that person,

ii

removing any person for the time being specified in the Table, or

iii

altering the functions for the time being specified in the Table in relation to any person, or

b

by order restrict the circumstances in which, or impose conditions subject to which, disclosure is permitted in the case of any person for the time being specified in the Table.