Section 138B(3)

In deciding whether it is satisfied as mentioned in subsection (2), the regulator must— consider whether the publication of the direction would be detrimental to the stability of the UK financial system, take into account whether the direction relates to a rule contravention of which is actionable in accordance with section 138D, consider whether publication of the direction would prejudice, to an unreasonable degree, the commercial interests of the person concerned or any other member of the person's immediate group, and consider whether its publication would be contrary to an international obligation of the United Kingdom.

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Source: legislation.gov.uk · retrieved 2026-09-04