[F1Disclosure of information by Department or inspectorF6N.I.
444A.—F2(1 )F3 This Article applies to information obtained under Articles 427 to 439.
(2) The Department may, if it thinks fit—
(a)disclose any information to which this Article applies to any person to whom, or for any purpose for which, disclosure is permitted under Article 442, or
(b)authorise or require an inspector appointed under this Part to disclose such information to any such person or for any such purpose.
[F4(3) Information to which this Article applies may also be disclosed by an inspector appointed under this Part to—
(a)another inspector appointed under this Part;
(b)a person appointed under—
(i)section 167 of the Financial Services and Markets Act 2000 (general investigations),
(ii)section 168 of that Act (investigations in particular cases),
(iii)section 169(1)(b) of that Act (investigation in support of overseas regulator),
(iv)section 284 of that Act (investigations into affairs of certain collective investment schemes), or
(v)regulations made as a result of section 262(2)(k) of that Act (investigations into open-ended investment companies),
to conduct an investigation; or
(c)a person authorised to exercise powers under—
(i)Article 440 of this Order; or
(ii)section 84 of the Companies Act 1989 (exercise of powers to assist overseas regulatory authority).]
(4) Any information which may by virtue of paragraph (3) be disclosed to any person may be disclosed to any officer or servant of that person.
(5 )F3 The Department may, if it thinks fit, disclose any information obtained under Article 437 to—
(a)the company whose ownership was the subject of the investigation,
(b)any member of the company,
(c)any person whose conduct was investigated in the course of the investigation,
(d)the auditors of the company, or
(e)any person whose financial interests appear to the Department to be affected by matters covered by the investigation.F5]
F1Art. 444A subst. 1990 NI 10, art. 16
F2prosp. subst. by 2005 NI 17
F3mod. by SR 2004/307
F4SI 2001/3649
F5prosp. insertion by 2005 NI 17 (which amendment repealed (1.10.2009) by Companies Act 2006 (c. 46), s. 1295, Sch. 16; S.I. 2008/2860, art. 4, Sch. 1 Pt. 2)
F6Order repealed (prosp.) by Companies Act 2006 (c. 46), ss. 1284(2), 1295, 1300(2), Sch. 16 and the repeal being partly in force, as to which see individual Articles (with savings (with adaptations) by Companies Act 2006 (Commencement No. 6, Saving and Commencement Nos. 3 and 5 (Amendment)) Order 2008 (S.I. 2008/674), arts. 2(3), {4}, Sch. 2) and subject to amendments (6.4.2008) by Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1)(b)(2), Sch. 1 paras. 135, 147, 148 {Sch. 2 Note 1} (with arts. 6, 11, 12) and subject to amendments (6.4.2008) by S.R. 2008/133, {regs. 2, 3}