Section 58 Information “made public”.

(1)

For the purposes of section 56, “made public”, in relation to information, shall be construed in accordance with the following provisions of this section; but those provisions are not exhaustive as to the meaning of that expression.

(2)

Information is made public if—

(a)

it is published in accordance with the rules of a regulated market for the purpose of informing investors and their professional advisers;

(b)

it is contained in records which by virtue of any enactment are open to inspection by the public;

(c)

it can be readily acquired by those likely to deal in any securities—

(i)

to which the information relates, or

(ii)

of an issuer to which the information relates; or

(d)

it is derived from information which has been made public.

(3)

Information may be treated as made public even though—

(a)

it can be acquired only by persons exercising diligence or expertise;

(b)

it is communicated to a section of the public and not to the public at large;

(c)

it can be acquired only by observation;

(d)

it is communicated only on payment of a fee; or

(e)

it is published only outside the United Kingdom.

Notes on the whole Act

Textual amendments

F1: Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3), 4(2), 6(4)(5))

Notes on Part V

Modifications

C1: Pt. V (ss. 52-64) applied (E.W.N.I) (1.12.2001) by 2000 c. 8, s. 402(1)(a); S.I. 2001/3538, art. 2(1)