Companies Act 1989

75 Restrictions on disclosure of information. U.K.

(1) In section 179(3) of the M1 Financial Services Act 1986 (persons who are “primary recipients” for purposes of provisions restricting disclosure of information)—

(a) omit the word “and” preceding paragraph (i);

(b) in that paragraph, after “any such person” insert “as is mentioned in paragraphs (a) to (h) above”;

(c) after that paragraph insert—

“(j) any constable or other person named in a warrant issued under this Act.”.

(2) Section 180 of the Financial Services Act 1986 (exceptions from restrictions on disclosure) is amended as follows.

(3) In subsection (1) (purposes for which disclosure permitted)—

(a) in paragraph (c), after “insolvency” insert “or by Part II, III or VII of the Companies Act 1989”;

(b) for paragraph (e) substitute—

“(e) for the purpose—

(i) of enabling or assisting a designated agency to discharge its functions under this Act or Part VII of the Companies Act 1989,

(ii) of enabling or assisting a transferee body or the competent authority to discharge its functions under this Act, or

(iii) of enabling or assisting the body administering a scheme under section 54 above to discharge its functions under the scheme;”;

(c) after paragraph (h) insert—

“(hh) for the purpose of enabling or assisting a body established by order under section 46 of the Companies Act 1989 to discharge its functions under Part II of that Act, or of enabling or assisting a recognised supervisory or qualifying body within the meaning of that Part to discharge its functions as such;”;

(d) after paragraph (o) insert—

“(oo) with a view to the institution of, or otherwise for the purposes of, any disciplinary proceedings relating to the discharge by a public servant of his duties;”;

(e) in paragraph (p), after “under” insert “section 44 of the Insurance Companies Act 1982, section 447 of the Companies Act 1985,” and after “above” insert “or section 84 of the Companies Act 1989”;

(f) after paragraph (q) insert—

“(qq) for the purpose of enabling or assisting an overseas regulatory authority to exercise its regulatory functions;”.

(4) After that subsection insert—

“(1A) In subsection (1)—

(a) in paragraph (oo) “public servant” means an officer or servant of the Crown or of any public or other authority for the time being designated for the purposes of that paragraph by order of the Secretary of State; and

(b) in paragraph (qq) “overseas regulatory authority” and “regulatory functions” have the same meaning as in section 82 of the Companies Act 1989.”.

(5) In subsection (3) (disclosure to designated public authorities) for “designated for the purposes of this section” substitute “designated for the purposes of this subsection”.

(6) Omit subsection (6) (disclosure to certain overseas authorities).

(7) In subsection (9) (orders) for “subsection (3) or (8)” substitute “subsection (1A)(a), (3) or (8).”

Commencement Information

I1 S. 75 partly in force see s. 215 and S.I. 1990/98, 1991/142; s. 75(3) in force for certain purposes on 25.4.1991 see s. 215 and S.I. 1991/878, art. 2, Sch.

Marginal Citations

M1 1986 c. 60.