CTPS 13.6 Confidential information and privilege

1Within the legal constraints that apply, the FCA may pass on to a skilled person any information which it considers relevant to the skilled person’s function.

1A skilled person, being a primary recipient under section 348 (Restrictions on disclosure of confidential information by Authority etc.) of the Act, is bound by the confidentiality provisions in Part XXIII (Public record, disclosure of information and cooperation) of the Act as regards confidential information received from the FCA or directly from a critical third party or other person.

1A skilled person may not pass on confidential information without lawful authority. Lawful authority may exist, for example, where an exception applies under the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 (SI 2001/2188) or with the consent of the person from whom that information was received and (if different) to whom the information relates.

1The FCA will indicate to a skilled person if there is any matter which cannot be discussed with the person in CTPS 13.2.1G.

1The limitations in section 413 (Protected items) of the Act are relevant to this chapter. This section provides that no person may be required to produce, disclose or allow the inspection of protected items.

1In respect of the appointment of a skilled person under section 166A (Appointment of skilled person to collect and update information) of the Act, a contractual or other requirement imposed on a person to keep any information confidential will not apply if:

1. (1)

   the information is or may be relevant to anything required to be done as part of the skilled person’s appointment under section 166A of the Act;

2. (2)

   a critical third party or a skilled person requests or requires the person to provide the information for the purpose of securing that those things are done; and

3. (3)

   the FCA has approved the making of the request or the imposition of the requirement before it is made or imposed.

1A critical third party may provide information 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 in respect of the skilled person’s collection or updating of information under section 166A (Appointment of skilled person to collect and update information) of the Act.