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All correspondence (email and paper) between the FSA and Lloyds TSB and HBOS
Peter Warren made this Freedom of Information request to The Financial Services Authority
The request was refused by The Financial Services Authority.
From: Peter Warren
22 September 2008
Dear Sir or Madam,
I wish to make the following request under the Freedom of
Information Act 2000;
1. All correspondence - email and paper between the FSA and the
Chief Executive, Chairman and other Board Directors of HBOS prior
to and up to the date of the public announcement that it was the
subject of a takeover from Lloyds TSB (relating to the possible
takeover)
2. All correspondence - email and paper between the FSA and the
Chief Executive, Chairman and other Board Directors of Lloyds TSB
prior to and up to the date of the public announcement that it
wished to take over HBOS (relating to the possible takeover)
Yours faithfully,
Peter Warren
From: Freedom of Information
The Financial Services Authority
24 September 2008
Our ref: FOI1016
Dear Mr Warren
Freedom of Information: Right to know request
Thank you for your request for information under the Freedom of
Information Act 2000 (the Act).
Your request was received on 22 September 2008 and will be processed in
accordance with the Act.
There may be a fee payable for the information you have requested. If
that is the case, you will be informed of the likely charges before we
proceed. The fee must be paid before the information is released.
If you have any queries please contact me.
Yours sincerely
Sandra Collins (Mrs)
Information Access Team
Financial Services Authority
25 The North Colonnade
Canary Wharf
London E14 5HS
Tel: 020 7066 7120
E-mail [FSA request email]
show quoted sections
This communication and any attachments contains information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer.
The FSA reserves the right to monitor all email communications for
compliance with legal, regulatory and professional standards.
This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from
The Financial Services Authority (FSA)
25 The North Colonnade,
Canary Wharf,
London
E14 5HS
United Kingdom
Registered as a Limited Company in England and Wales No.1920623.
Registered Office as above
Switchboard: 020 7066 1000
Web Site: http://www.fsa.gov.uk
*****************************************************************
From: Freedom of Information
The Financial Services Authority
17 October 2008
Our ref: FOI1016
Dear Mr Warren
Freedom of Information: Right to know request
Thank you for your request under the Freedom of Information Act 2000 (the
Act), for the following information:
"1. All correspondence - email and paper between the FSA and the Chief
Executive, Chairman and other Board Directors of HBOS prior to and up to
the date of the public announcement that it was the subject of a takeover
from Lloyds TSB (relating to the possible takeover.)
2. All correspondence - email and paper between the FSA and the Chief
Executive, Chairman and other Board Directors of Lloyds TSB prior to and
up to the date of the public announcement that it wished to take over HBOS
(relating to the possible takeover."
Your request has now been considered. I can confirm that we hold the some
of the information you have requested. However we are not able to
disclose it to you because the following exemption applies:
* Section 44 (Prohibitions on disclosure)
Section 44 provides that information is absolutely exempt if its
disclosure (otherwise than under the Act) is prohibited by or under any
enactment. Section 348 of the Financial Services and Markets Act 2000
("FSMA") restricts the FSA from disclosing "confidential information" it
has received except in certain limited circumstances (none of which
apply here).
Confidential information for these purposes is defined as information
which relates to the business or other affairs of any person and which
was received by the FSA for the purposes of or in the discharge of its
functions under FSMA and which is not in the public domain.
Any correspondence and/or documents from HBOS ("the firm") to the FSA
has been received for the purpose of carrying out our supervision of
those firms, so falls within Section 348. Consequently the FSA is
prohibited from disclosing to you any information which we received
while performing our regulatory duties and which is not in the public
domain.
Disclosure of any such confirmation is in breach of s,348 of FSMA and is
a criminal offence.
You will note from the application of the above exemption that we hold
information received from HBOS, but we do not hold any information
received from Lloyds TSB nor any correspondence from the FSA to either of
the firms.
As you will be aware from coverage in the media of the proposed merger of
Lloyds TSB and HBOS this deal was transacted very quickly and the fact
that this proposed merger was under discussion was highly market sensitive
given the ongoing situation in the financial markets. At the time of your
request, all contact between the FSA and the firms in relation to the
proposed merger was done either at face to face meetings or over the
telephone. No e-mails, letters or faxes were sent from the FSA to the
firms in relation to the proposed merger as is our practice with any
highly market sensitive subject.
If you have any queries or are unhappy with the decisions made in relation
to your request please call me. If I am not able to resolve your concerns
I will advise you of the process for an internal review. If you wish to
exercise your right to an internal review you should contact us within
three months of the date of this letter.
If you are not content with the outcome of the internal review, you also
have a right of appeal to the Information Commissioner at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
Website: [1]www.ico.gov.uk
Yours sincerely
Sandra Collins (Mrs)
Information Access Team
Financial Services Authority
25 The North Colonnade
Canary Wharf
London E14 5HS
Tel: 020 7066 7120
E-mail [FSA request email]
show quoted sections
This communication and any attachments contains information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer.
The FSA reserves the right to monitor all email communications for
compliance with legal, regulatory and professional standards.
This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from
The Financial Services Authority (FSA)
25 The North Colonnade,
Canary Wharf,
London
E14 5HS
United Kingdom
Registered as a Limited Company in England and Wales No.1920623.
Registered Office as above
Switchboard: 020 7066 1000
Web Site: http://www.fsa.gov.uk
*****************************************************************
References
Visible links
1. http://www.informationcommissioner.gov.uk/
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Steve Bird left an annotation ( 3 December 2008)
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