Part 7

Further provisions relating to the Board and the OLC

Disclosure and use of information

Disclosure of restricted information
168
1
A restricted person may disclose restricted information to another restricted person.
2
Restricted information may be disclosed for the purposes of enabling or assisting the Board to exercise its functions (whether as an approved regulator, a licensing authority or otherwise).
3
Section 167 also does not preclude the disclosure of restricted information—
a
where the disclosure is a result of the Board exercising any power to publish information under this Act;
b
for the purposes of enabling or assisting the OLC, ombudsmen or persons who exercise functions delegated under paragraph 22 of Schedule 15, to exercise any of its or their functions,
c
to an approved regulator for the purposes of enabling or assisting the approved regulator to exercise any of its functions,
d
with the consent of the person to whom it relates and (if different) the person from whom the restricted person obtained it,
e
for the purposes of an inquiry with a view to the taking of any criminal proceedings or for the purposes of any such proceedings,
f
where the disclosure is required by or by virtue of any provision made by or under this Act or any other enactment or other rule of law, or
g
to such persons (other than approved regulators) who exercise regulatory functions as may be prescribed by order made by the Lord Chancellor, for such purposes as may be so prescribed.
4
Subsections (2) and (3) are subject to subsection (5).
5
The Lord Chancellor may by order prevent the disclosure of restricted information by virtue of subsection (2) or (3) in such circumstances, or for such purposes, as may be prescribed in the order.
S. 168 wholly in force at 1.1.2010 see s. 211 and S.I. 2009/3250, art. 2(e) (subject to art. 3(2) (as amended (30.9.2011) by S.I. 2011/2196, arts. 1(2), 5) and with art. 9)