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

I117

After 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.