Companies Act 2014

940.

Confidentiality of information

940. (1) A person shall not disclose information that—

(a) comes into the possession of the Supervisory Authority by virtue of the performance by it of any of its functions under this Act; and

(b) has not otherwise come to the notice of members of the public.

(2) Subsection (1) shall not apply to—

(a) person specified in subsection (3) or a director of the Authority in the performance by the Authority, or him or her, of any of its or his or her functions under this Act or any other enactment, being a communication the making of which was, in the Authority’s or his or her opinion, appropriate for the performance of the function concerned; or

(b) the disclosure of information in a report of the Supervisory Authority or for the purpose of any legal proceedings, investigation, enquiry or review under this Act or any other enactment or pursuant to an order of a court of competent jurisdiction for the purposes of any proceedings in that court; or

(c) a disclosure made where such disclosure is required by, or in accordance with, law; or

(d) a disclosure of information which, in the opinion of the Supervisory Authority, a member of its staff, any person specified in subsection (3) or a director of the Authority, may relate to the commission of an offence; or

(e) a disclosure to a person prescribed by regulations made by the Supervisory Authority as a person to whom a disclosure, or a specified class of disclosure, may lawfully be made.

(3) The persons mentioned in subsection (2)(a) and (d) are any agent of the Supervisory Authority or professional or other adviser to it.

(4) A person who contravenes subsection (1) shall be guilty of a category 2 offence.

F359 [ (5) Nothing in this section shall operate to prevent the Supervisory Authority from complying with its obligations under the relevant provisions. ]

Annotations

Amendments:

F359

Inserted (21.09.2018) by Companies (Statutory Audits) Act 2018 (22/2018), s. 40, S.I. No. 366 of 2018.

Modifications (not altering text):

C161

Application of section restricted (17.06.2016) by European Union (Statutory Audits) (Directive 2006/43/EC, as amended by Directive 2014/56/EU, and Regulation (EU) No 537/2014) Regulations 2016 (S.I. No. 312 of 2016), reg. 76, in effect as per regs. 1(2), 3 and subject to transitional provision in reg. 143.

Restriction of section 940 of Companies Act 2014

76. Nothing in section 940 of the Companies Act 2014 shall operate to prevent the Supervisory Authority or a recognised accountancy body from complying with its obligations under these Regulations.

Editorial Notes:

E126

Power pursuant to subs. (2)(e) exercised (26.04.2016) by Companies Act 2014 (Prescribed Persons) Regulations 2016 (S.I. No. 208 of 2016), in effect as per reg. 2.