http://www.legislation.gov.uk/id/uksi/1992/3218

http://www.legislation.gov.uk/uksi/1992/3218/regulation/76/made

The Banking Coordination (Second Council Directive) Regulations 1992

Banking

Credit licences

King's Printer of Acts of Parliament

2016-10-18

BANKING

These Regulations give effect to the Second Council Directive 89/646/EEC on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions (OJ No. L386, 30.12.89, p.1), and to certain provisions of Council Directive 77/780/EEC (OJ No. L322, 17.12.77, p.30), which is amended by the Second Council Directive. They also give effect to the Council Directive 92/30/EEC on the supervision of credit institutions on a consolidated basis (OJ No. L110, 28.4.92, p.52). The Regulations come into force on 1st January 1993.

The Banking Coordination (Second Council Directive) Regulations 1992

regs.12-13A

Bank of England Act 1998

s.23

Sch.5 Pt.I Ch.II

para.25

The Banking Coordination (Second Council Directive) Regulations 1992

reg.76(4)

Bank of England Act 1998

s.43

Sch.9

Pt.II

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 2(1A)

The Banking Consolidation Directive (Consequential Amendments) Regulations 2000

reg. 10(3)

reg. 1

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 2(2B)

The Banking Consolidation Directive (Consequential Amendments) Regulations 2000

reg. 10(3)

reg. 1

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 2B(3)(a)

(b)

The Banking Consolidation Directive (Consequential Amendments) Regulations 2000

reg. 10(4)

reg. 1

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 2B-2C

The Banking (Gibraltar) Regulations 1999

reg. 2(3)

reg. 1

Banking Coordination (Second Council Directive) Regs

The Banking Coordination (Second Council Directive) Regulations 1992

Sch.8. para 9(2)

Criminal Justice Act 1993

s. 70(1)

(4)

The Banking Coordination (Second Council Directive) Regulations 1992

Sch.8. para 10(3)

Criminal Justice Act 1993

s. 70(1)

(4)

The Banking Coordination (Second Council Directive) Regulations 1992

Regulations

The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001

art. 3(2)(a)

art. 1

Banking Coordination (Second Council Directive) Regs

The Banking Coordination (Second Council Directive) Regulations 1992

The Financial Services and Markets Act 2000 (Transitional Provisions and Savings) (Information Requirements and Investigations) Order 2001

art 12

Banking Coordination (Second Council Directive) Regs

The Banking Coordination (Second Council Directive) Regulations 1992

reg.2A

The Banking Coordination (Second Council Directive) (Amendment) Regulations 1993

reg.2(d)

The Banking Coordination (Second Council Directive) Regulations 1992

reg.5(3)

The Banking Coordination (Second Council Directive) (Amendment) Regulations 1993

reg.2(f)

The Banking Coordination (Second Council Directive) Regulations 1992

reg.13A

The Banking Coordination (Second Council Directive) (Amendment) Regulations 1993

reg.2(g)

The Banking Coordination (Second Council Directive) Regulations 1992

reg 2B

The Banking (Gibraltar) Regulations 1999

reg.2(3)

The Banking Coordination (Second Council Directive) Regulations 1992

reg.2C

The Banking (Gibraltar) Regulations 1999

reg.2(4)

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 9(2)(c)(i)

(ii)

The Credit Institutions (Protection of Depositors)Regulations 1995

reg. 50(1)

reg. 54

reg. 1(2)

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 9(2)(d)(i)

(ii)

The Credit Institutions (Protection of Depositors)Regulations 1995

reg. 50(2)

reg. 54

reg. 1(2)

The Banking Coordination (Second Council Directive) Regulations 1992

defn of European authorised institution

Finance Act 1994

s. 177(1)

The Banking Coordination (Second Council Directive) Regulations 1992

reg. 2(2B)

The Financial Institutions (Prudential Supervision) Regulations 1996

Sch. 5

para. 10

reg. 1(2)

PART VIIIAMENDMENTS OF BUILDING SOCIETIES ACT

Information

Confidentiality of certain information obtained by Commission76

1

In subsection (2) of section 53 of the Building Societies Act (confidentiality of certain information obtained by Commission), paragraph (g) shall be omitted.

2

After that subsection there shall be inserted the following subsection—

2A
As regards the disclosure of information with a view to the institution of, or otherwise for the purposes of, any proceedings in respect of the society under the Bankruptcy (Scotland) Act 198550 or the Insolvency Act 198651, the disclosures permitted by subsection (2)(b) above do not include the disclosure of information relating to a person who (not being a director or other officer of the society) is or has been, to the knowledge of the Commission, involved in an attempt to secure the survival of the society as a going concern.

3

In subsection (4)(a) of that section, after sub-paragraph (ii) there shall be inserted the words “and (in either case) the disclosure would, in its opinion, be in accordance with article 12(7) of the First Council Directive”.

4

In subsection (5) of that section52, for paragraph (b) there shall be substituted the following paragraph—

b
by the Bank, of any of its functions under the Banking Act 1987 or as a monetary authority or supervisor of money market and gilt market institutions;

5

In subsection (6) of that section, for the words from “it is desirable” to the end there shall be substituted the following paragraphs—

a
it is desirable or expedient that the information should be disclosed in the interests of shareholders or depositors or, in the case of information for the Secretary of State, in the public interest; and
b
disclosure is in accordance with article 12(7) of the First Council Directive.

6

At the end of subsection (7) of that section there shall be inserted the words “if the disclosure is made with a view to facilitating the discharge of any of the functions mentioned in paragraph (b) or, as the case may be, paragraph (c) above”.

7

At the end of subsection (8) of that section there shall be inserted the words “if the disclosure is made with a view to facilitating the discharge of any prescribed functions of the authority”.

8

In subsection (9)(a) of that section, for the words “the functions” there shall be substituted the words “the supervisory functions”.

9

After subsection (11) of that section there shall be inserted the following subsection—

11A
Subsection (11) above does not apply in relation to disclosures to an overseas regulatory authority which is not a supervisory authority in another member State unless the Commission is satisfied that the authority is subject to restrictions on further disclosures at least equivalent to those imposed by this section and section 54.

10

After subsection (13) of that section there shall be inserted the following subsections—

13A
Information which is disclosed to a person with a view to facilitating or assisting the discharge of any functions shall not be used otherwise than with a view to facilitating or assisting the discharge of those functions.
13B
Any person who uses information in contravention of subsection (13A) above shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.

11

After subsection (14) of that section there shall be inserted the following subsections—

15
Any reference in this section to facilitating or assisting the discharge of any functions is a reference to facilitating or assisting the discharge of those functions in relation to—
a
a financial market; or
b
persons carrying on the business of banking or insurance, Consumer Credit Act businesses or the business of providing other financial services;
and in this subsection 'Consumer Credit Act business' has the same meaning as in the Banking Coordination (Second Council Directive) Regulations 1992.
16
Any reference in this section or section 54 to the Commission’s functions under this Act includes a reference to its functions under those Regulations.