The Pension Protection Fund (PPF Ombudsman) Order 2005

Restrictions on the disclosure of information

7.—(1) The PPF Ombudsman must not disclose any information which he obtains for the purposes of an investigation under section 213 or 214 of the Act unless—

(a) the disclosure is to a person specified in paragraph (2); and

(b) the PPF Ombudsman considers that disclosure would enable or assist that person to discharge his functions.

(2) The persons specified in this paragraph are—

(a) the Board;

(b) the Regulator;

(c) the Pensions Compensation Board(1);

(d) the Pensions Ombudsman(2);

(e) the Financial Services Authority(3);

(f) any government department (including a Northern Ireland department);

(g) a person appointed under—

(i) section 167 of the Financial Services and Markets Act 2000 (appointment of persons to carry out general investigations);

(ii) subsection (3) or (5) of section 168 of that Act (appointment of persons to carry out investigations in particular cases); or

(iii) section 284 of that Act (power to investigate),

to conduct an investigation;

(h) an inspector appointed under Part XIV of the Companies Act 1985(4) or under Part XV of the Companies (Northern Ireland) Order 1986(5);

(i) a body designated under section 326(1) of the Financial Services and Markets Act 2000 (designation of professional bodies); and

(j) a recognised investment exchange or recognised clearing house (as defined by section 285 of that Act) (exemption for recognised investment exchanges and clearing houses).

(1)

See section 78(1) of the Pensions Act 1995 (c. 26) which establishes the Pensions Compensation Board.

(2)

See section 145 of the Pension Schemes Act 1993 (c. 48) which establishes the Pensions Ombudsman.

(3)

See section 1(1) of the Financial Services and Markets Act 2000 (c. 8) which establishes the Financial Services Authority.

(4)

1985 c. 6. Part XIV of the Companies Act 1985 (as amended) provides that the Secretary of State may appoint one or more inspectors to investigate a company and its affairs.

(5)

S.I. 1986/1032 (N.I. 6).