Office of Public Sector Information
Section 26.
1 (1) Every application for authorisation under the [1987 c. 22.] Banking Act 1987 and every notice given to the Authority under section 75 of that Act (notice by overseas institution of establishment of representative office in the United Kingdom) shall be accompanied by such fee as the Authority may by regulations prescribe; and no such application or notice shall be regarded as duly made or given unless this sub-paragraph is complied with.
(2) Every authorised institution and every European authorised institution which has lawfully established a branch in the United Kingdom for the purpose of accepting deposits or other repayable funds from the public shall pay such periodical fees to the Authority as it may by regulations prescribe.
(3) The powers conferred by this paragraph may be used to prescribe such fees as will enable the Authority—
(a) to meet the expenses which it incurs in carrying out the transferred functions or for any incidental purposes, and
(b) to repay the principal of, and pay any interest on, any money which it has borrowed and which has been used for the purpose of meeting expenses which it has incurred in relation to the transfer to it of the transferred functions.
(4) Regulations under this paragraph shall specify the time when the fees are to be paid and may—
(a) provide for the determination of the fees in accordance with a specified scale or other specified factors,
(b) provide for the return or abatement of any fees, and
(c) make different provision for different cases.
(5) In this paragraph—
“authorised” has the same meaning as in the Banking Act 1987;
“European authorised institution” has the same meaning as in the [S.I. 1992/3218.] Banking Coordination (Second Council Directive) Regulations 1992;
“institution” has the same meaning as in the Banking Act 1987.
2 (1) Before making regulations under paragraph 1, the Authority shall—
(a) publish the proposed regulations in such manner as appears to it best calculated to bring the proposals to the attention of those likely to be affected by them, together with a statement that representations about the proposals can be made to the Authority within a specified time, and
(b) have regard to any representations duly made in accordance with the statement.
(2) Sub-paragraph (1) does not apply where the Authority considers that the delay involved in complying with it would be prejudicial to the interests of depositors.
3 Power to make regulations under paragraph 1 is exercisable by instrument in writing which shall state that it is made under that paragraph.
4 (1) Immediately after regulations under paragraph 1 are made they shall be printed and made available to the public with or without payment.
(2) A person shall not be liable to pay a fee under regulations under paragraph 1 if he shows that, at the time the fee became payable, the regulations had not been made available as required by this paragraph.
5 (1) The production of a printed copy of regulations purporting to be made by the Authority under paragraph 1 on which is endorsed a certificate signed by an officer of the Authority authorised by it for that purpose and stating—
(a) that the regulations were made by the Authority,
(b) that the copy is a true copy of the regulations, and
(c) that on a specified date the regulations were made available to the public as required by paragraph 4,
shall be prima facie evidence or, in Scotland, sufficient evidence of the facts stated in the certificate.
(2) Any certificate purporting to be signed as mentioned in sub-paragraph (1) shall be deemed to have been duly signed unless the contrary is shown.
(3) Any person wishing in any legal proceedings to cite regulations under paragraph 1 may require the Authority to cause a copy of them to be endorsed with such a certificate as is mentioned in this paragraph.
Section 37.
1 (1) Subject to sub-paragraph (2), information is restricted information for the purposes of this paragraph if—
(a) it is obtained by the Bank by virtue of the power conferred by section 17(1) or paragraph 9 of Schedule 2 (whether or not it was obtained pursuant to a notice under that provision), and
(b) it relates to the business or other affairs of any person.
(2) Information is not restricted information for the purposes of this paragraph if—
(a) it has been made available to the public from other sources, or
(b) it is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it.
(3) Except as permitted by the following provisions of this Schedule, restricted information shall not be disclosed by—
(a) the Bank or any officer or servant of the Bank, or
(b) any person obtaining the information directly or indirectly from the Bank,
without the consent of the person from whom the Bank obtained the information and, if different, the person to whom the information relates.
(4) Any person who discloses information in contravention of this paragraph shall be guilty of an offence and liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or to both;
(b) on summary conviction, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding the statutory maximum, or to both.
2 (1) Paragraph 1 does not preclude the disclosure of information in any case in which disclosure is for the purpose of enabling or assisting the Bank to discharge—
(a) its functions as a monetary authority,
(b) its functions as a supervisor of systems for the transfer of funds between credit institutions and their customers, or
(c) its functions under Schedule 2.
(2) In sub-paragraph (1)(b), “credit institution” has the same meaning as in the [S.I. 1992/3218.] Banking Coordination (Second Council Directive) Regulations 1992.
3 (1) Paragraph 1 does not preclude the disclosure by the Bank of information to any authority specified in the first column of the following Table if the Bank considers that the disclosure would enable or assist that authority to discharge any of the functions specified in relation to it in the second column of that Table.
| Authority | Functions |
|---|---|
| The Treasury. | Functions under the [1982 c. 50.] Insurance Companies Act 1982 or the [1986 c. 60.] Financial Services Act 1986. |
| An inspector appointed under Part XIV of the [1985 c. 6.] Companies Act 1985, section 94 or 177 of the Financial Services Act 1986 or Part XV of the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986. | Functions under that Part or section. |
| A person authorised to exercise powers or appointed under section 43A or 44 of the Insurance Companies Act 1982, section 447 of the Companies Act 1985, section 106 of the Financial Services Act 1986, article 440 of the Companies (Northern Ireland) Order 1986 or section 84 of the [1989 c. 40.] Companies Act 1989. | Functions under that section or article. |
| A designated agency within the meaning of the Financial Services Act 1986. | Functions under that Act or Part VII of the Companies Act 1989. |
| The Financial Services Authority. | Functions under the Financial Services Act 1986 (other than as a designated agency within the meaning of that Act), the [1987 c. 22.] Banking Act 1987 or section 171 of the Companies Act 1989. |
| The Office for National Statistics. | Functions under the [1947 c. 39.] Statistics of Trade Act 1947. |
| The Friendly Societies Commission. | Functions under the enactments relating to friendly societies or under the [1986 c. 60.] Financial Services Act 1986. |
| The Building Societies Commission. | Functions under the [1986 c. 53.] Building Societies Act 1986 and protecting the interests of the shareholders and depositors of building societies. |
| The Occupational Pensions Regulatory Authority. | Functions under the [1993 c. 48.] Pension Schemes Act 1993 or the [1995 c. 26.] Pensions Act 1995 or any enactment in force in Northern Ireland corresponding to either of them. |
(2) The Treasury may by order amend the Table in sub-paragraph (1) by—
(a) adding any public or other authority and specifying functions in relation to it,
(b) removing any authority for the time being specified in the Table, or
(c) altering the functions for the time being specified in the Table in relation to any authority.
(3) The Treasury may by order restrict the circumstances in which, or impose conditions subject to which, disclosure is permitted in the case of any authority for the time being specified in the Table.
(4) Before making an order under this paragraph, the Treasury shall consult the Bank.
4 (1) Paragraph 1 does not preclude the disclosure by any authority specified in the first column of the Table in paragraph 3(1) of information obtained by it by virtue of that provision if it makes the disclosure—
(a) with the consent of the Bank, and
(b) for the purpose of enabling or assisting it to discharge any functions specified in relation to it in the second column of that Table.
(2) Before deciding whether to give its consent to disclosure under this paragraph, the Bank shall take account of such representations as the authority proposing to make the disclosure may make about the desirability of or necessity for the disclosure.
5 Paragraph 1 does not preclude the disclosure of information—
(a) with a view to the institution of, or otherwise for the purposes of, any proceedings in connection with a payment due under Schedule 2 (payment in lieu of cash ratio deposit),
(b) with a view to the institution of, or otherwise for the purposes of, any criminal proceedings, whether under this Act or otherwise, or
(c) in pursuance of any Community obligation.
Bank of England Act 1998