PART 1Access to finance

Financial information about businesses

5Small and medium sized businesses: information to finance platforms

1

Where—

a

a small or medium sized business has applied to a designated bank for a loan or other credit facility, and

b

the application has been unsuccessful,

the Treasury may by regulations impose a duty on the bank to provide specified information about the business to designated finance platforms.

2

The regulations—

a

must provide that the duty only applies where the business to which the information relates agrees to its information being provided to the designated finance platforms;

b

may require a bank—

i

to seek the agreement of a business for the purposes of paragraph (a);

ii

to ask the business for any of the specified information that the bank does not already have;

iii

to provide the information to the finance platforms within a specified time period.

3

The regulations may make further provision about the duty in subsection (1), which may in particular include provision about—

a

the types of loans and credit facilities that trigger the duty,

b

the circumstances in which an application is to be considered unsuccessful, and

c

the finance platforms to which information must be provided.

4

Where a finance platform has received information by virtue of subsection (1), the Treasury may by regulations—

a

impose a duty on the finance platform to provide specified information to all finance providers requesting access to the information, and

b

impose a duty on the finance platform to provide specified information about a particular business to a finance provider where—

i

the finance provider has requested information about the business, and

ii

the business has agreed to its information being provided to the finance provider.

5

Information specified for the purposes of subsection (4)(a) must be in such a form that no individual business, and no person associated with the business, can be identified.

6

The regulations may provide that the duty in subsection (4)(a) or (b) does not apply unless—

a

the finance provider or business agrees to the finance platform's terms and conditions;

b

the finance provider complies with specified requirements about the use and disclosure of the information.

7

The regulations may make further provision about the duties in subsection (4)(a) and (b), including in particular provision—

a

requiring the finance platform to provide the information within a specified time period;

b

setting out how a request by a finance provider must be made to a finance platform;

c

setting out how a business may indicate agreement for the purposes of subsection (4)(b)(ii);

d

about the time period for which information must be kept by the finance platform;

e

about the removal of information from the finance platform.

8

The regulations may make provision—

a

prohibiting finance platforms from charging fees to small and medium sized businesses, or

b

permitting finance platforms to charge fees to small and medium sized businesses.

9

The regulations must make provision for the designation of banks and finance platforms by the Treasury, and the regulations may in particular provide for—

a

conditions that must be met for a bank or finance platform to be designated;

b

considerations that the Treasury may take into account before deciding whether to designate a bank or finance platform;

c

the Treasury to consider the advice of another person before making a designation;

d

the procedure for designating a bank or finance platform;

e

how the list of designated banks and finance platforms must be published;

f

the revocation of a designation.

10

In this section “specified” means specified or described in the regulations.