Data Protection (Regulation of Financial Services etc.) (Subject Access Exemption) Order 1987

JurisdictionUK Non-devolved
CitationSI 1987/1905
Year1987

1987 No. 1905

DATA PROTECTION

The Data Protection (Regulation of Financial Services etc.) (Subject Access Exemption) Order 1987

Made 9th November 1987

Coming into force 11th November 1987

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) Order 1987 and shall come into force on 11th November 1987.

S-2 The functions designated for the purposes of section 30 of the...

2. The functions designated for the purposes of section 30 of the Data Protection Act 1984 (exemption from subject access provisions of data held for the purpose of discharging designated functions relating to the regulation of financial services etc.) are—

(a) those specified in Schedule 1 to this Order being functions conferred by or under the enactments listed in column 1 of that Schedule and described in column 2 thereof; and

(b) those specified in Schedule 2 to this Order being functions of a type mentioned in paragraphs (a) to (c) of section 190 of the Financial Services Act 1986 and designated for the purposes of section 30 as if they were functions conferred by or under any enactment.

S-3 This Order is without prejudice to any exemption from the...

3. This Order is without prejudice to any exemption from the subject access provisions within the meaning of section 26(2) of the Data Protection Act 1984.

Douglas Hurd

One of Her Majesty’s Principal Secretaries of State

Home Office

9th November 1987

SCHEDULE 1

Article 2(a)

FUNCTIONS DESIGNATED FOR THE PURPOSES OF SECTION 30 OF THE DATA PROTECTION ACT 1984 WHICH ARE CONFERRED BY OR UNDER ANY ENACTMENT

(1)

Enactment by or under which function conferred

(2)

Description of function

Lloyd’s Acts 1871 to 19823

Functions of organs of Lloyd’s in relation to admission of persons to membership and regulation of insurance business.

Bankruptcy (Ireland) Amendment Act 18724

Functions relating to control over trustee by Department of Economic Development under section 118.

Bankruptcy Act 19145

Functions of Board of Trade under sections 19, 81 and 95 in relation to appointment, conduct and removal of trustees in bankruptcy.

Functions of Board of Trade under sections 82 and 87 in relation to remuneration of and statement of proceedings by trustees in bankruptcy.

Functions of official receivers in relation to conduct of bankrupts.

Functions of trustees in bankruptcy in relation to conduct of bankrupts.

Functions of deputy official receivers and officers of Board of Trade under section 71 in relation to functions of official receivers.

Functions of the Lord Chancellor and Secretary of State under section 132 in relation to conduct of discharged or undischarged bankrupts.

Industrial Assurance Act 19236

Functions of Industrial Assurance Commissioner under section 17 in relation to inspection of industrial assurance company and action taken consequent upon such inspection.

Prevention of Fraud (Investments) Act (Northern Ireland) 19407

Functions of Department of Economic Development in relation to collection of data under powers conferred by Act.

Prevention of Fraud (Investments) Act 19588

Functions conferred on Secretary of State and tribunal established under section 6 in relation to grant, refusal and revocation of licences.

Functions conferred on Secretary of State in relation to making and revocation of orders exempting certain persons from licensing requirement, supervision or regulation of persons carrying on business of dealing in securities.

Functions in relation to making and revocation of orders recognising stock exchanges and associations of dealers in securities and authorising unit trust schemes.

Industrial and Provident Societies Act 19659

Functions of appropriate registrar under sections 16 and 17 in relation to cancellation or suspension of registration of society.

Functions of appropriate registrar under section 56 in relation to petition for winding up society.

Industrial and Provident Societies Act (Northern Ireland) 196910

Functions of Registrar of Friendly Societies under sections 15 and 16 in relation to cancellation or suspension of registration of society.

Functions of Registrar of Friendly Societies under section 65 in relation to petition for winding up society.

Insolvency Service (Accounting and Investment) Act 197011

Functions of Board of Trade in relation to Insolvency Services Account.

Friendly Societies Act (Northern Ireland) 197012

Functions of Registrar of Friendly Societies under section 77 in relation to investigation or winding up of societies or branches.

Functions of Registrar of Friendly Societies under section 78 in relation to suspension of business of societies.

Functions of Registrar of Friendly Societies under section 79 in relation to production of documents.

Functions of Registrar of Friendly Societies under section 80 in relation to cancellation and suspension of registration of society.

Functions of Registrar of Friendly Societies under section 84 in relation to dissolution by award of society.

Functions of Registrar of Friendly Societies under sections 87 and 88 in relation to institution of proceedings and punishment of fraud.

Fair Trading Act 197313

Functions of Director-General of Fair Trading under Part III in relation to the protection of consumers.

Powers of Criminal Courts Act 197314

Functions of Official Petitioner under Schedule 2 in relation to criminal bankruptcies.

Consumer Credit Act 197415

Functions of Director-General of Fair Trading under Part III in relation to licensing of businesses.

Friendly Societies Act 197416

Functions of Chief Registrar under section 87 in relation to inspection or winding up of societies or branches.

Functions of Chief Registrar under section 88 in relation to suspension of business of societies.

Functions of Chief Registrar under section 89 in relation to production of documents.

Functions of Chief Registrar and assistant registrar for Scotland under section 91 in relation to cancellation and suspension of registration.

Functions of Chief Registrar under section 95 in relation to dissolution by award of society.

Functions of Chief Registrar and assistant registrars under sections 98 and 99 in relation to institution of proceedings and punishment of fraud.

Policyholders Protection Act 197517

Functions of Policyholders Protection Board exercisable in relation to policyholders and others prejudiced by inability of insurance companies to meet liabilities.

Insurance Brokers Registration Act 197718

Functions of Insurance Brokers Registration Council relating to registration and training of insurance brokers and regulation of their professional standards.

Credit Unions Act 197919

Functions of Chief Registrar under section 18 in relation to inspection of credit unions and calling of special meetings.

Functions of Chief Registrar under section 19 in relation to suspension of operations of credit unions.

Functions of appropriate registrar under section 20 in relation to cancellation or suspension of registration and petition for winding up of credit union.

Industrial Assurance (Northern Ireland) Order 197920

Functions of Industrial Assurance Commissioner for Northern Ireland under Article 18 in relation to investigation of affairs of industrial assurance company and action taken consequent upon such investigation.

Bankruptcy Amendment (Northern Ireland) Order 198021

Functions of Department of Economic Development under Articles 27 and 39 in relation to release of official assignee and trustees.

Functions of official assignee in relation to examination of bankrupt and preparation of notes and reports under Articles 11, 28 and 30.

Insurance Companies Act 198222

Functions of Secretary of State under Part I in relation to authorisation and withdrawal of authorisation of insurance companies.

Functions of Secretary of State conferred by or under Parts II to V in relation to regulation of insurance business and its conduct.

Functions of Secretary of State or officer in relation to requirements, directions and powers under Companies Act 196723 as saved by Schedule 4 to Act.

Bankruptcy Rules (Northern Ireland) 198324

Functions of official assignee in relation to examination of bankrupt and preparation of notes under Rules 77 and 78.

Companies Act 198525

Functions of Secretary of State under Chapter II of Part I in relation to names of companies and under section 694 in relation to names of oversea companies.

Functions of Secretary of State under section 134.

Functions of Secretary of State under section 179.

Functions of Secretary of State under Part VI and section 456 and of Governor of Bank of England under section 216.

Functions of Secretary of State under Part VII, Schedule 5, Schedule 7 and Schedule 9 in relation to accounts of companies and under Chapter II of Part XXIII in relation to accounts of oversea companies.

Functions of registrar under section 244.

Functions of Secretary of State under section 315 in relation to modification of provisions in relation to general meetings of companies for purpose of that section.

Functions of Secretary of State under section 345 in relation to increase of financial limits for purpose of Part X.

Functions of Secretary of State under section 367 in relation to calling of general meetings of companies.

Functions of Secretary of State under sections 384 and 385 in relation to appointment and remuneration of auditors and under section 389 in relation to qualification and authorisation for appointment as...

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