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The Companies (Northern Ireland) Order 1986

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Provision for security of information obtainedN.I.

442 .F1—(1) No information or document relating to a[F2 company] which has been obtained under Article 440F2. . . shall, without the previous consent in writing of that[F2 company], be published or disclosed, except to a competent authority, unless the publication or disclosure is required—

[F3(a)with a view to the institution of or otherwise for the purposes of criminal proceedings;]

[F4(b)with a view to the institution of, or otherwise for the purposes of, any proceedings on an application under[F5 Article 9, 10 or 11 of the Company Directors Disqualification (Northern Ireland) Order 2002];]

[F2(c)for the purposes of enabling or assisting any inspector appointed under this Part,F6. . . , to discharge his functions;]

[F2(cc)for the purpose of enabling or assisting any person authorised to exercise powers[F6 Article 440 of this Order] or section 84 of the Companies Act 1989 to discharge his functions;]

[F6(cd)for the purposes of enabling or assisting 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 to discharge his functions;]

[F3(d)for the purpose of enabling or assisting the Department to exercise any of its functions under this Order, the Insider Dealing Order[F2 Part III of the Companies (Northern Ireland) Order 1990, Part II or V of the Companies (No. 2) (Northern Ireland) Order 1990] orF7. . . ;

(dd)for the purpose of enabling or assisting the Secretary of State to exercise any functions conferred on him by the enactments relating to companies or insolvency, the Prevention of Fraud (Investments) Act 1958,[F8 or the Financial Services and Markets Act 2000,] or for the purpose of enabling or assisting any inspector appointed by him under the enactments relating to companies to discharge his functions;]

Sub.‐paras. (de), (df) rep. by SI 2001/3649

[F9(dg)for the purpose of enabling or assisting the Pensions Regulator to discharge the functions conferred on it by or by virtue of the Pension Schemes (Northern Ireland) Act 1993, the Pensions (Northern Ireland) Order 1995, the Welfare Reform and Pensions (Northern Ireland) Order 1999 or the Pensions (Northern Ireland) Order 2005 or any enactment in force in Great Britain corresponding to any of those provisions;

(dh)for the purpose of enabling or assisting the Board of the Pensions Protection Fund to discharge the functions conferred on it by or by virtue of Part III of the Pensions (Northern Ireland) Order 2005 or any provision in force in Great Britain corresponding to that Part.]

Sub-para. (e) rep. by 1990 NI 10

[F3[F10(f)for the purpose of enabling or assisting the Bank of England to discharge its functions;]

[F6(fa)for the purposes of enabling or assisting the Financial Services Authority ot discharge its functions under the legislation relating to friendly societies or to industrial and provident societies, under the Building Societies Act 1986, under Part 7 of the Companies Act 1989 or under the Financial Services and Markets Act 2000;

(g)for the purposes of enabling or assisting a body corporate established in accordance with section 212(1) of the Financial Services and Markets Act 2000 (compensation scheme manager) to discharge its functions;

(h)for the purposes of any proceedings before the Financial Services Tribunal by virtue of the Financial Services and Markets Act 2000 (Transitional Provisions) (Partly Completed Procedures) Order 2001;

(ha)with a view to the institution of or otherwise for the purposes of proceedings before the Financial Services and Markets Tribunal;

(hb)for the purpose of enabling or assisting a recognised investment exchange or a recognised clearing house to discharge its functions as such;

(hc)for the purpose of enabling or assisting a body designated under section 326(1) of the Financial Services and Markets Act 2000 (designated professional bodies) to discharge its functions in its capacity as a body designated under that section;]

  • Sub.‐para. (i) rep. by SI 2001/3649

  • Sub.‐para. (j) rep. by SI 2001/1283

(k)for the purpose of enabling or assisting the official assignee to discharge his functions under the enactments relating to companies or bankruptcy;

(l)with a view to the institution of, or otherwise for the purposes of, any disciplinary proceedings relating to the exercise by a solicitor, auditor, accountant, valuer or actuary of his professional duties;

[F2(ll)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;]

[F2(m)for the purpose of enabling or assisting an overseas regulatory authority to exercise its regulatory functions.]]

[F11(n)for the purposes of proceedings before the Pensions Regulator Tribunal.]

[F3[F2(1A) In paragraph (1)—

[F6(aa)in sub-paragraph (hb) “recognised investment exchange” and “recognised clearing house” have the same meaning as in section 285 of the Financial Services and Markets Act 2000;]

(a)in sub-paragraph (ll) “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 sub-paragraph by the Department by order;

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

(1B) Subject to paragraph (1C), paragraph (1) shall not preclude publication or disclosure for the purpose of enabling or assisting any public or other authority for the time being[F2 designated for the purposes of this paragraph] by an order made by the Department to discharge any functions which are specified in the order.

(1C) An order under paragraph (1B) designating an authority for the purpose of that paragraph may—

(a)impose conditions subject to which the publication or disclosure of any information or document is permitted by that paragraph; and

(b)otherwise restrict the circumstances in which that paragraph permits publication or disclosure.

Para. (1D) rep. by SI 2001/3649]

(2) A person who publishes or discloses any information or document in contravention of this Article is guilty of an offence and liable to imprisonment or a fine, or both.

[F2Articles 680 (restriction on prosecutions), 680A (liability of individuals for corporate default) and 680B (criminal proceedings against unincorporated bodies) apply to this offence.]

[F2(3) For the purposes of this Article each of the following is a competent authority—

(a)the Department,

(b)an inspector appointed under this PartF6. . . ,

[F6(ba)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;]

(c)any person authorised to exercise powers[F12 or appointed[F6 under Article 440 of this Order]] or section 84 of the Companies Act 1989,

(d)the Secretary of State,

(e)the Treasury,

(f)the Bank of England,

(g)the Lord Advocate,

(h)the Director of Public Prosecutions for Northern Ireland and the Director of Public Prosecutions in England and Wales,

[F6(ha)the Financial Services Authority;]

(l)any constable,

(m)any procurator fiscal.

(3A) Any information which may by virtue of this Article be disclosed to a competent authority may be disclosed to any officer or servant of the authority.]

[F3(4) An order under[F2 paragraph (1A)(a) or (1B)] is subject to negative resolution.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F1mod. by SR 2004/307

F6SI 2001/3649

F7Words in art. 442(1)(d) repealed (29.4.1988 for certain purposes, otherwise prosp.) by Financial Services Act 1986 (c. 60), ss. 211(1), 212(3), Sch. 17 Pt. II; S.I. 1988/740, art. 2, Sch.

F8SI 2004/355

F12SI 1994/1696

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