Investment Intermediaries Act, 1995

Inspectors' reports and proceedings thereon.

71.—(1) An inspector appointed under section 66 of this Act may, and shall if the Court so requires, make an interim report to the Court and, on conclusion of the investigation, shall make a final report to the Court but he may at any time in the course of the investigation, without making an interim report, inform the Court of matters coming to his knowledge as a result of the investigation tending to show that an offence has been committed.

(2) On a report being presented to it under this section, the Court shall—

(a) forward a copy of any such report to the Minister and the relevant supervisory authority,

(b) if it thinks fit, furnish a copy thereof to the investment business firm concerned and its auditors or, if the report concerned the affairs of a certified person, furnish a copy thereof to an approved professional body, and

(c) if it thinks fit—

(i) furnish a copy thereof, on request and on payment of such fee as it may fix, to any other person who is a shareholder of the investment business firm concerned or a shareholder of any other body dealt with in the report by virtue of section 66 of this Act or whose interests as a creditor or client of the investment business firm concerned or of any other such body appear to the Court to be affected, and

(ii) cause any such report to be printed and published.

(3) Where the Court so thinks proper it may direct that a particular part of a report made by virtue of this section be omitted from a copy forwarded or furnished under subsection (2)(b) or (2)(c) (i) of this section or from the report as printed and published under subsection (2) (c) (ii).

(4) The Minister may lay a report forwarded under subsection (2) of this section before each House of the Oireachtas if he, and the Minister for Enterprise and Employment, think it proper to do so having due regard to the exigencies of the common good and the rights of any person referred to in that report and a report so laid shall be privileged.