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The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001

The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 reg 15

reg 15 Disclosure of transitional information

(1) After the coming into force of section 19 of the Act, sections 348, 349 and 352 of the Act apply in relation to transitional information in the same way as they apply in relation to confidential information within the meaning of section 348(2) of the Act. (2) Paragraph (1) does not apply to transitional information which— (a) has been made available to the public by virtue of being disclosed in any circumstances in which, or for any purposes for which, disclosure is not precluded by section 348 of the Act or a pre-commencement provision; or (b) satisfies the criterion set out in section 348(4)(b) of the Act. (3) For the purposes of sections 348 and 349 of the Act as they apply by virtue of paragraph (1)— (a) a person who holds transitional information is to be treated as a primary recipient of the information if he— (i) obtained it as mentioned in paragraph 1(2) or 5(1)(a) of Schedule 2B to the Insurance Companies Act 1982 ; (ii) was a primary recipient of the information for the purposes of section 179 of the Financial Services Act 1986 ; (iia) obtained or received it as mentioned in subsection (5) of that section; (iii) received it as mentioned in section 82(1)(a) of the Banking Act 1987 ; or (iv) received it as mentioned in regulation 48(1) of the Investment Services Regulations 1995 ; (b) any other person who holds transitional information is to be treated as having obtained the information directly or indirectly from a primary recipient. (4) Transitional information which is subject to single market restrictions ... is to be treated for the purposes of these Regulations as single market information .... (5) Part IV of these Regulations does not apply to transitional information which is subject to single market restrictions imposed by article 107.3 of the listing particulars directive.

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