Stock Exchange Act, 1995

Consent to publication of information.

69.—(1) No information, book or document relating to a person which has been obtained under section 66 of this Act shall, without the previous consent in writing of that person, be published or disclosed, except to an appropriate authority, unless the publication or disclosure is required for all or any of the following, namely—

(a) with a view to the institution of, or otherwise for the purposes of, any criminal proceedings pursuant to, or arising out of, any enactments under which the Bank exercises statutory functions or any criminal proceedings for an offence entailing misconduct in connection with the management of the affairs of a person or misapplication or wrongful retainer of its property;

(b) for the purpose of complying with any requirement, or exercising any power, imposed or conferred by this Act with respect to reports made by inspectors appointed thereunder by the Court or the Bank;

(c) with a view to the institution by the Bank of proceedings for the winding-up under this Act of the person or otherwise for the purposes of proceedings instituted by the Bank for that purpose;

(d) for the purposes of proceedings under section 66 of this Act.

(2) A person who publishes or discloses any information, book or document in contravention of this section shall be guilty of an offence.

(3) For the purposes of this section “appropriate authority” includes any or all of the following, namely—

(a) the Bank;

(b) a person authorised by the Governor of the Bank;

(c) an inspector appointed under this Act;

(d) a Committee appointed under section 65 of this Act;

(e) the Minister;

(f) the Minister for Enterprise and Employment;

(g) any court of competent jurisdiction;

(h) a competent authority for the purposes of Council Directives 93/22/EEC of 10 May, 1993(1), 93/6/EEC of 15 March, 1993(1) or 77/780/EEC of 12 December, 1977(2) as amended by Council Directive 89/646/EEC of 15 December, 1989(3) .

(1) O.J. No. L 141 11/6/93.

(2) O.J. No. L 322 17/12/77.

(3) Ο.J. No. L 386 30/12/89.