Data Protection (Regulation of Financial Services etc.) (Subject Access Exemption) (Amendment) Order 1992

JurisdictionUK Non-devolved

1992 No. 1855

DATA PROTECTION

The Data Protection (Regulation of Financial Services etc.) (Subject Access Exemption) (Amendment) Order 1992

Made 27th July 1992

Coming into force 28th July 1992

Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament:

Now, therefore, in exercise of the powers conferred upon me by section 30(2) of the Data Protection Act 19841and section 190 of the Financial Services Act 19862and after consultation with the Data Protection Registrar in accordance with section 40(3) of the Act of 1984, I hereby make the following Order:

S-1 This Order may be cited as the Data Protection (Regulation of...

1. This Order may be cited as the Data Protection (Regulation of Financial Services etc.) (Subject Access Exemption) (Amendment) Order 1992 and shall come into force on the day after the day on which it is made.

S-2 After paragraph 3 of Schedule 2 to the Data Protection...

2. After paragraph 3 of Schedule 2 to the Data Protection (Regulation of Financial Services etc.) (Subject Access Exemption) Order 19873there shall be added the following paragraph:

S-4

“4 Functions of the Operator, within the meaning of regulation 2(1) of the Uncertificated Securities Regulations 19924, in connection with the admission of persons as participants in the system, within the meaning of the said regulation 2(1), the termination of participation, the imposition of restrictions, and the replacement and supervision of participants.”

Kenneth Clarke

One of Her Majesty’s Principal Secretaries of State

Home Office

27th July 1992

(This note is not part of the Order)

Section 30 of the Data Protection Act 1984 ( “the 1984 Act ”) provides that personal data held for the purpose of discharging statutory functions which are designated by the Secretary of State by an order made under that section shall be exempt from the subject access provisions of the Act in any case in which the application of those provisions to the data would be likely to prejudice the proper discharge of those functions. The functions that may be designated are those conferred by or under any enactment appearing to the Secretary of State to be designed for protecting members of the public against financial loss due to dishonesty, incompetence or malpractice by persons concerned in the provision of banking, insurance, investment or other financial services or in the management of companies or to the conduct...

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