SCHEDULE
Regulation 2
CONSEQUENTIAL AMENDMENTS
PART 1
Amendments to primary legislation
In the Companies Act 19853, before section 746 insert—
““Bank of England”
745A. In this Act references to the Bank of England do not include the Bank acting in its capacity as the Prudential Regulation Authority.”.
2. Building Societies Act 1986
In section 119 of the Building Societies Act 19864(interpretation), after subsection (1) insert—
“1ZA In this Act references to the Bank of England do not include the Bank acting in its capacity as the Prudential Regulation Authority.”.
In the Companies Act 19895—
(a) before section 212 (but after the italic heading before section 212) insert—
““Bank of England”
211A. In this Act references to the Bank of England do not include the Bank acting in its capacity as the Prudential Regulation Authority.”; and
(b) in section 213 (provisions extending to Northern Ireland), in subsection (8) after “(miscellaneous and general provisions),” insert “section 211A,”.
In section 174 of the Water Act 19896(general restrictions on disclosure of information), after subsection (8) insert—
“9 In this section the reference to the Bank of England does not include the Bank acting in its capacity as the Prudential Regulation Authority.”.
In section 206 of the Water Industry Act 19917(restriction on disclosure of information), after subsection (10) insert—
“11 In this section the reference to the Bank of England does not include the Bank acting in its capacity as the Prudential Regulation Authority.”.
In section 204 of the Water Resources Act 19918(restriction on disclosure of information), after subsection (7) insert—
“8 In this section the reference to the Bank of England does not include the Bank acting in its capacity as the Prudential Regulation Authority.”.
7. Social Security Administration (Northern Ireland) Act 1992
In the Social Security Administration (Northern Ireland) Act 19929—
(a) in section 13A (payment out of benefit of sums in respect of mortgage interest, etc.), in subsection (4), in the definitions of “deposit taker” and “insurer”, for “Part 4” substitute “Part 4A”; and
(b) in section 103B (power to require information), in subsection (7), in the definitions of “bank” and “insurer”, for “Part IV” substitute “Part 4A”.
In the Pension Schemes Act 199310—
(a) in section 149 (procedure on an investigation), in subsection (6)(eb), after the words “Bank of England” insert “(acting otherwise than in its capacity as the Prudential Regulation Authority)”; and
(b) in section 158A (other disclosures by the Secretary of State), in the Table in subsection (1), in the entry relating to the Bank of England, in the second column, after the word “functions” insert “, apart from its functions as the Prudential Regulation Authority”.
9. Pension Schemes (Northern Ireland) Act 1993
In the Pension Schemes (Northern Ireland) Act 199311—
(a) in section 145 (procedure on an investigation), in subsection (6), for paragraph (e) substitute—
“(e)
“(e) the Financial Conduct Authority,
(ea)
(ea) the Prudential Regulation Authority,
(eb)
(eb) the Bank of England (acting otherwise than in its capacity as the Prudential Regulation Authority),”;
(b) in section 154A (other disclosures by the Department), in the Table in subsection (1)—
(i) in the entry relating to the Bank of England, in the second column, after the word “functions” insert “, apart from its functions as the Prudential Regulation Authority”; and
(ii) in the entry relating to the Financial Services Authority, in the first column, for the words “Financial Services Authority” substitute “Financial Conduct Authority or the Prudential Regulation Authority”;
(c) in section 175A (insurer and long-term insurance business), in subsection (1)(a), for “Part 4” substitute “Part 4A”; and
(d) in section 180 (consultations about other regulations)—
(i) in subsection (1), for the words “Financial Services Authority” substitute “appropriate regulator”; and
(ii) after that subsection insert—
“1A “The appropriate regulator” means—
(a) where the group insurance business to which the regulations relate consists only of activities which are PRA-regulated activities, the Prudential Regulation Authority,
(b) where the group insurance business to which the regulations relate consists partly of activities which are PRA-regulated activities and partly of other regulated activities, the Prudential Regulation Authority and the Financial Conduct Authority, or
(c) in any other case, the Financial Conduct Authority.
1B In subsection (1A) “regulated activities” and “PRA-regulated activities” have the same meaning as in the Financial Services and Markets Act 200012.”.
10. Freedom of Information Act 2000
In Part 6 of Schedule 1 to the Freedom of Information Act 200013(other public bodies and offices: general)—
(a) omit the entry for the Prudential Regulation Authority, and
(b) in the entry for the Bank of England, after the words “Bank of England” insert “(including the Bank in its capacity as the Prudential Regulation Authority)”.
In Part 1 of Schedule 3A to the Terrorism Act 200014(regulated sector), in paragraph 2(4)(c) after the words “Bank of England” insert “(acting otherwise than in its capacity as the Prudential Regulation Authority)”.
In section 105 of the Utilities Act 200015(general restrictions on disclosure of information), in subsection (10), for the full stop at the end of the definition of “REMIT requirement” substitute a semicolon and after that definition insert —
“and the reference to the Bank of England does not include the Bank acting in its capacity as the Prudential Regulation Authority.”.
13. Proceeds of Crime Act 2002
In Part 1 of Schedule 9 to the Proceeds of Crime Act 200216(regulated sector), in paragraph 2(4)(c), after the words “Bank of England” insert “(acting otherwise than in its capacity as the Prudential Regulation Authority)”.
14. Companies (Audit, Investigations and Community Enterprise) Act 2004
In section 15D of the Companies (Audit, Investigations and Community Enterprise) Act 200417(permitted disclosure of information obtained under compulsory powers)—
(a) in subsection (3)(d), after the words “Bank of England” insert “(including the Bank in its capacity as the Prudential Regulation Authority)”;
(b) in subsection (3)(e), for the words “Financial Services Authority” substitute “Financial Conduct Authority”;
(c) in subsection (4)(e), after the words “Bank of England” insert “(acting otherwise than in its capacity as the Prudential Regulation Authority)”; and
(d) in subsection (4)(g), for the words “Financial Services Authority” substitute “Financial Conduct Authority or the Prudential Regulation Authority”.
15. Pensions Act 2004
In the Pensions Act 200418—
(a) in Schedule 3 (restricted information held by the Regulator: certain permitted disclosures to facilitate exercise of functions), in the Table, in the entry relating to the Bank of England, in the second column, after the word “functions” insert “, apart from its functions as the Prudential Regulation Authority”; and
(b) in Schedule 8 (restricted information held by the Board: certain permitted disclosures to facilitate exercise of functions), in the Table, in the entry relating to the Bank of England, in the second column, after the word “functions” insert “, apart from its functions as the Prudential Regulation Authority”.
16. Pensions (Northern Ireland) Order 2005
In the Pensions (Northern Ireland) Order 200519—
(a) in Schedule 3 (restricted information held by the Regulator: certain permitted disclosures to facilitate exercise of functions), in the Table, in the entry relating to the Bank of England, in the second column, after the word “functions” insert “, apart from its functions as the Prudential Regulation Authority”; and
(b) in Schedule 7 (restricted information held by the Board: certain permitted disclosures to facilitate exercise of functions), in the Table, in the entry relating to the Bank of England, in the second column, after the word “functions” insert “, apart from its functions as the Prudential Regulation Authority”.
17. Serious Organised Crime and Police Act 2005
In section 71 of the Serious Organised Crime and Police Act 200520(assistance by offender: immunity from prosecution), in subsection (6B)—
(a) omit the words “and paragraph 16(1) of Schedule 1ZB”, and
(b) after “(arrangements for discharging functions)” insert “and paragraph 17(1) of...
