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The Pensions (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

Other permitted disclosures

106.—(1) Article 102 does not preclude the disclosure by the Authority of restricted information to—

(a)the Department, or

(b)the Secretary of State,

if the disclosure appears to the Authority to be desirable or expedient in the interests of members of occupational pension schemes or in the public interest.

(2) Article 102 does not preclude the disclosure of restricted information—

(a)with a view to the institution of, or otherwise for the purposes of, criminal proceedings, whether under this Order or otherwise,

(b)in connection with any other proceedings arising out of—

(i)this Order, or

(ii)the Pension Schemes Act,

or any corresponding enactment in force in Great Britain or any proceedings for breach of trust in relation to an occupational pension scheme,

(c)with a view to the institution of, or otherwise for the purposes of, proceedings under Article 10 or 11 of the Companies (Northern Ireland) Order 1989(1) or section 7 or 8 of the Company Directors Disqualification Act 1986(2),

(d)in connection with any proceedings under the Insolvency (Northern Ireland) Order 1989(3) or the Insolvency Act 1986(4) which the Authority have instituted or in which they have a right to be heard,

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

(f)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,

(g)for the purpose of enabling or assisting an authority in a country outside the United Kingdom to exercise functions corresponding to those of the Authority under this Order, or

(h)in pursuance of a Community obligation.

(3) Article 102 does not preclude the disclosure by the Authority of information to the Director of Public Prosecutions for Northern Ireland, the Director of Public Prosecutions, the Lord Advocate, a procurator fiscal or a constable.

(4) Article 102 does not preclude the disclosure by any person mentioned in paragraph (1) or (3) of information obtained by the person by virtue of that paragraph, if the disclosure is made with the consent of the Authority.

(5) Article 102 does not preclude the disclosure by any person specified in the first column of the Table in Article 105(1) of information obtained by the person by virtue of Article 102, if the disclosure is made—

(a)with the consent of the Authority, and

(b)for the purpose of enabling or assisting the person to discharge any functions specified in relation to him in the second column of the Table.

(6) The Authority must, before deciding whether to give their consent to such a disclosure as is mentioned in paragraph (4) or (5), take account of any representations made to them by the person seeking to make the disclosure as to the desirability of the disclosure or the necessity for it.

(7) In paragraph (2), “public servant” means an officer or servant of the Crown or of any prescribed authority.

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