PART 5Monitoring of compliance and enforcement

CHAPTER 2Reporting and information

Restrictions on disclosure of information22

1

Sections 348 (restrictions on disclosure of confidential information by FCA, PRA etc), 349 (exceptions from section 348) and 352 (offences) of the 2000 Act16 apply for the purposes of this Part as if—

a

in section 348—

i

in subsection (2)(b) for the words “, the PRA” to the end there were substituted “under the Small and Medium Sized Business (Finance Platforms) Regulations 2015”;

ii

in subsection (3)(a) for “this Act” there were substituted “the Small and Medium Sized Business (Finance Platforms) Regulations 2015”;

iii

in subsection (5)—

aa

paragraphs (aa) and (c) were omitted;

bb

in paragraph (d) after “section 166” there were inserted “as applied by the Small and Medium Sized Business (Finance Platforms) Regulations 2015”;

cc

in paragraph (e) for “ a person mentioned in paragraphs (a) to (c)” there were substituted “the FCA”;

dd

in paragraphs (ea) and (f) for “a person mentioned in those paragraphs” there were substituted “the FCA”;

iv

for subsection (6) there were substituted—

6

In subsection (5)(f) “expert” includes a competent person appointed by the FCA to conduct an investigation under Part 11 as applied by the Small and Medium Sized Business (Finance Platforms) Regulations 2015.

b

in section 349, subsections (3A) and (3B) were omitted;

c

in section 352—

i

in subsection (1) “or 350(5)” were omitted;

ii

subsection (4) were omitted;

iii

in subsection (5) “or (4)” were omitted;

iv

in subsection (6)(a) “or that it had been disclosed in accordance with section 350” were omitted.

2

The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 200117 apply for the purposes of this Part as if Part 3 were omitted.