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Section 137N: Recovery plans and resolution packs: restriction on duty of confidence

Financial Services and Markets Act 2000 · 2000 c. 8View on legislation.gov.uk

Part 9A: Rules and Guidance — CHAPTER 1: Rule-making powers

A contractual or other requirement imposed on a person ("P") to keep information in confidence does not apply if—

the information is or may be relevant to anything required to be done as a result of a requirement imposed by general rules made by either regulator to prepare a recovery plan or a resolution pack,
an authorised person or a skilled person requests or requires P to provide the information for the purpose of securing that those things are done, and
the regulator in question has approved the making of the request or the imposition of the requirement before it is made or imposed.

An authorised person or a qualifying parent undertaking may provide information (whether received under subsection (1) or otherwise) that would otherwise be subject to a contractual or other requirement to keep it in confidence if it is provided for the purposes of anything required to be done as a result of a requirement imposed by general rules to prepare a recovery plan or a resolution pack.

In this section, references to preparing a recovery plan or a resolution pack include—

keeping that plan or pack up to date, and
collecting specified information for the purposes of that plan or pack.

In this section, references to a skilled person are to a person appointed in accordance with section 166A.

In this section—

  • "authorised person", in relation to rules of the PRA, means a PRA-authorised person;

  • "qualifying parent undertaking" means—a qualifying parent undertaking within the meaning given by section 192B; ......

  • "specified" means specified in the rules.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.