PART 5

Regulation of payment systems

Disclosure of information

Exemptions from section 91
92
1
Section 91 does not prevent a disclosure of confidential information which—
a
is made for the purpose of facilitating the carrying out of a public function, and
b
is permitted by regulations made by the Treasury under this section.
2
For the purposes of this section “public functions” includes—
a
functions conferred by or in accordance with any provision contained in any enactment;
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
similar functions to those in paragraph (a) conferred on persons by or under provisions having effect as part of the law of a country or territory outside the United Kingdom;
d
functions exercisable in relation to specified disciplinary proceedings.
3
Regulations under this section may, in particular, make provision permitting the disclosure of confidential information or of confidential information of a specified kind—
a
by specified recipients, or recipients of a specified description, to any person for the purpose of enabling or assisting the recipient to discharge specified public functions;
b
by specified recipients, or recipients of a specified description, to specified persons, or persons of specified descriptions, for the purpose of enabling or assisting those persons to discharge specified public functions;
c
by the Payment Systems Regulator to the Treasury for any purpose;
d
by any recipient if the disclosure is with a view to or in connection with specified proceedings.
4
Regulations under this section may also include provision—
a
making any permission to disclose confidential information subject to conditions (which may relate to the obtaining of consents or any other matter);
b
restricting the uses to which confidential information disclosed under the regulations may be put.
5
In relation to confidential information, each of the following is a “recipient”—
a
a primary recipient;
b
a person obtaining the information directly or indirectly from a primary recipient.
6
In this section—
- “confidential information” and “primary recipient” have the same meaning as in section 91;
- “specified” means specified in regulations.
S. 92 in force at 1.3.2014 by S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1
Ss. 81-93 applied (with modifications) (9.12.2015) by The Payment Card Interchange Fee Regulations 2015 (S.I. 2015/1911), regs. 1, 14(1)
Ss. 81-93 applied (with modifications) (13.1.2018) by The Payment Services Regulations 2017 (S.I. 2017/752), regs. 1(6), 135(1) (with reg. 3)
S. 92(2)(b) omitted (31.12.2020) by virtue of The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 3(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 92(2)(c) inserted (31.12.2020) by The Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/681), regs. 1(3), 3(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)