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Companies Act 1989

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This is the original version (as it was originally enacted).

86Restrictions on disclosure of information

(1)This section applies to information relating to the business or other affairs of a person which—

(a)is supplied by an overseas regulatory authority in connection with a request for assistance, or

(b)is obtained by virtue of the powers conferred by section 83, whether or not any requirement to supply it is made under that section.

(2)Except as permitted by section 87 below, such information shall not be disclosed for any purpose—

(a)by the primary recipient, or

(b)by any person obtaining the information directly or indirectly from him,

without the consent of the person from whom the primary recipient obtained the information and, if different, the person to whom it relates.

(3)The “primary recipient” means, as the case may be—

(a)the Secretary of State,

(b)any person authorised under section 84 to exercise powers on his behalf, and

(c)any officer or servant of any such person.

(4)Information shall not be treated as information to which this section applies if it has been made available to the public by virtue of being disclosed in any circumstances in which, or for any purpose for which, disclosure is not precluded by this section.

(5)A person who contravenes this section commits an offence and is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both;

(b)on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or both.

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