SCHEDULES

C1SCHEDULE 5 Authorised Investigators

Annotations:
Modifications etc. (not altering text)
C1

Sch. 5 extended (with modifications.) (15.4.1994) to the Bailiwick of Guernsey by S.I. 1994/764, art. 1, 2, Sch.

Restriction on disclosure of information

6

1

Information obtained by a person in his capacity as an authorised investigator may not be disclosed by him except to a constable or—

a

for the purposes of any prosecution, whether in the United Kingdom or elsewhere;

b

to any government department or Northern Ireland department or other authority or body discharging its functions on behalf of the Crown;

c

to any competent authority; or

d

for the purpose of assisting any public or other authority for the time being designated for the purposes of this paragraph by an order made by the Secretary of State to discharge any functions which are specified in the order.

2

The following are competent authorities for the purposes of sub-paragraph (1)(c) above—

a

an inspector appointed under Part XIV of the M1Companies Act 1985 or Part XV of the M2Companies (Northern Ireland) Order 1986;

b

an Official Receiver;

c

the Accountant in Bankruptcy;

d

an Official Assignee;

e

a person appointed to carry out an investigation under section 55 of the M3Building Societies Act 1986;

f

a body administering a compensation scheme under section 54 of the M4Financial Services Act 1986;

g

an inspector appointed under section 94 of that Act;

h

a person exercising powers by virtue of section 106 of that Act;

i

an inspector appointed under section 177 of that Act or any corresponding enactment having effect in Northern Ireland;

j

a person appointed by the Bank of England under section 41 of the M5Banking Act 1987 to carry out an investigation and make a report;

k

a person exercising powers by virtue of F2section 43A or 44(2) of the M6Insurance Companies Act 1982;

l

any body having supervisory, regulatory or disciplinary functions in relation to any profession or any area of commercial activity; and

m

any person or body having, under the law of any country or territory outside the United Kingdom, functions corresponding to any of the functions of any person or body mentioned in any of the foregoing paragraphs.

3

An order under paragraph (d) of sub-paragraph (1) above may impose conditions subject to which, and otherwise restrict the circumstances in which, information may be disclosed under that paragraph.