The Pensions (Northern Ireland) Order 2005

Restricted information N.I.

77.—(1) Restricted information must not be disclosed—

(a) by the Regulator, or

(b) by any person who receives the information directly or indirectly from the Regulator.

(2) Paragraph (1) is subject to—

(a) paragraph (3), and

(b) Articles 66(9) and 78 to 83 and section 235 of the Pensions Act 2004 (c. 35).

(3) Subject to Article [F1 83(4)(d)], restricted information may be disclosed with the consent of the person to whom it relates and (if different) the person from whom the Regulator obtained it.

(4) For the purposes of this Article and Articles 78 to 82, “restricted information” means any information obtained by the Regulator in the exercise of its functions which relates to the business or other affairs of any person, except for information—

(a) which at the time of the disclosure is or has already been made available to the public from other sources, or

(b) which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it.

(5) Any person who discloses information in contravention of this Article is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum [F2 , or imprisonment for a term not exceeding six months, or both];

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years, or both.

F1 Word in art. 77(3) substituted (26.1.2009) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 61(2), 118(1) (with s. 73); S.R. 2009/22, art. 2(1)(a)

F2 Words in art. 77(5)(a) added (26.1.2009) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 62, 118(1) (with s. 73); S.R. 2009/22, art. 2(1)(b)

Modifications etc. (not altering text)

C1 Art. 77(2) applied (with modifications) by S.R. 2005/93, reg. 5A(2) (as inserted (4.7.2007) by Register of Occupational and Personal Pension Schemes (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/297), reg. 2)