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Provision of information to prescribed persons

3.—(1) The Police Authority may, in the circumstances prescribed in paragraph (2), provide information in connection with the questions specified in paragraph (3)(a) to such a person as is prescribed in paragraph (3)(b).

(2) For the purposes of paragraph (1), prescribed circumstances are where a written request for, or a written consent to, the provision of the information has been given—

(a)by, or on behalf of, the individual to whom the information relates, or

(b)where the individual to whom the information relates has died, by his personal representatives.

(3) For the purposes of paragraph (1)—

(a)the specified questions are—

(i)whether an individual who has opted or transferred out has suffered loss as a result of a contravention which is actionable under section 62 of the Act (actions for damages in respect of contravention of rules, etc. made under the Act), and

(ii)if so, what payment would need to be made in respect of that individual to the Police Authority to restore the position to what it would have been if that individual had not opted or transferred out; and

(b)a prescribed person is—

(i)a person who is or has been an authorised person within the meaning of the Act (“an authorised person”);

(ii)an appointed representative within the meaning of section 44 of the Act (“an appointed representative”);

(iii)a recognised professional body within the meaning of the Act;

(iv)a recognised self-regulating organisation within the meaning of the Act;

(v)the Securities and Investments Board(1);

(vi)the Investors Compensation Scheme Limited(2);

(vii)a professional indemnity insurer of an authorised person or an appointed representative;

(viii)the Chartered Accountants Compensation Scheme Limited;

(ix)the Solicitors Indemnity Fund Limited;

(x)the providers. claim handlers and brokers of the Law Society for Northern Ireland master policy for professional indemnity insurance;

(xi)a person or body arbitrating or adjudicating in, or investigating or considering, a complaint or dispute made or referred to them by such an individual as is mentioned in sub-paragraph (a) and which involves that individual and an authorised person or an appointed representative; and

(xii)a person or body appointed to act on behalf of any of the above.

(1)

The Securities and Investments Board is a designated agency within the meaning of section 114 of the Financial Services Act 1986

(2)

The Investors Compensation Scheme Limited was established under section 54 of the Financial Services Act 1986