Part 6Legal Complaints

Information

152Disclosure of restricted information

(1)

A restricted person may disclose restricted information to another restricted person.

(2)

Restricted information may be disclosed for the purposes of the investigation in the course of which, or for the purposes of which, it was obtained.

(3)

Section 151 also does not preclude the disclosure of restricted information—

(a)

in a report made under—

(i)

section 143(2) (report of possible misconduct to approved regulators),

(ii)

section 146(2) (report of failure to co-operate with investigation),

(iii)

section 148 (reporting failures to provide information or produce documents), or

(iv)

section 150 (reports of investigations),

(b)

for the purposes of enabling or assisting the Board to exercise any of its functions,

(c)

to an approved regulator for the purposes of enabling or assisting the approved regulator to exercise any of its regulatory functions,

(d)

with the consent of the person to whom it relates and (if different) the person from whom the restricted person obtained it,

(e)

for the purposes of an inquiry with a view to the taking of any criminal proceedings or for the purposes of any such proceedings,

(f)

where the disclosure is required by or by virtue of any provision made by or under this Act or any other enactment or other rule of law,

(g)

to such persons (other than approved regulators) who exercise regulatory functions as may be prescribed by order made by the Lord Chancellor, for such purposes as may be so prescribed.

(4)

Subsections (2) and (3) are subject to subsection (5).

(5)

The Lord Chancellor may by order prevent the disclosure of restricted information by virtue of subsection (2) or (3) in such circumstances, or for such purposes, as may be prescribed in the order.