COMPANIES (NORTHERN IRELAND) ORDER 1978

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COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 109



109.(1) No information or document relating to a body which has been obtained
under Article 107 or the last foregoing Article or [section 36 of the
Insurance Companies Act 1974] shall, without the previous consent in writing
of that body, be published or disclosed, except to a competent authority,
unless the publication or disclosure is required

(a)with a view to the institution of, or otherwise for the purposes of, any
criminal proceedings pursuant to, or arising out of, the Companies Acts or the
Protection of Depositors Act (Northern Ireland) 1964 or the [Insurance
Companies Act 1974] or any criminal proceedings for an offence entailing
misconduct in connection with the management of the body's affairs or
misapplication or wrongful retainer of property of its;

(b)with a view to the institution of, or otherwise for the purposes of, any
criminal proceedings pursuant to, or arising out of, the Exchange Control Act
1947;

[(c)for the purpose of enabling the Secretary of State to exercise a power
conferred on him by the Insurance Companies Act 1974;]

(d)for the purpose of complying with any requirement, or exercising any power,
imposed or conferred by the principal Act with respect to reports made by
inspectors appointed thereunder by the Department;

(e)with a view to the institution by the Department under section 163(1) of
the principal Act of proceedings with reference to the body or otherwise for
the purposes of such proceedings instituted by the Department under that
section;

(f)with a view to the institution by the Department of proceedings for the
winding up under the Companies Acts of the body or otherwise for the purposes
of proceedings instituted by the Department for that purpose; or

(g)for the purposes of proceedings under Article 108.

(2) Any person who publishes or discloses any information or document in
contravention of this Article shall be guilty of an offence and liable

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

(b)on summary conviction, to imprisonment for a term not exceeding three
months or to a fine not exceeding #200, or to both.

(3) For the purposes of this Article

(a)in relation to information or a document relating to a body other than one
carrying on industrial assurance business (as defined by [Article 3(1) of the
Industrial Assurance (Northern Ireland) Order 1979]), each of the following
shall be a competent authority, namely, the Department, an officer of the
Department, an inspector appointed under the principal Act by the Department,
the Department of Finance and an officer of the Department of Finance;

(b)in relation to information or a document relating to a body carrying on
industrial assurance business (as so defined), each of the following shall be
a competent authority, namely, the Department, an officer of the Department,
an inspector appointed as aforesaid, the Industrial Assurance Commissioner for
Northern Ireland, an officer of the said Commissioner, the Department of
Finance and an officer of the Department of Finance.

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Northern Irish Legislation

COMPANIES (NORTHERN IRELAND) ORDER 1978 - SECT 109