95.— (1) Subject to subsections (2) and (4), a person who acquires any information by virtue of the person’s performance or assistance in the performance of functions under this Act relating to any professional competence scheme shall preserve confidentiality with regard to the information and, without prejudice to the foregoing, shall not—

(a) disclose the information to another person except where the disclosure is necessary for such performance or assistance, or

(b) cause or permit any other person to have access to the information except where the access is necessary for that other person to perform or assist in the performance of functions under this Act (including the functions of any section 20(2) committee).

(2) Notwithstanding subsection (1), the Council may disclose information—

(a) in the form of a summary compiled from information provided in relation to registered medical practitioners participating in a competence scheme if the summary is so compiled as to prevent particulars relating to the identity of any such practitioners being ascertained from it,

(b) with a view to the institution of, or otherwise for the purposes of, any criminal proceedings or any investigation in the State, or

(c) in connection with any civil proceedings to which the Council is a party.

(3) F200[…]

(4) Nothing in this section shall be construed as prohibiting a disclosure of information pursuant to a court order.

(5) A person who contravenes subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding €5,000 or a term of imprisonment not exceeding 6 months or both.