Article 5 Restrictions on the disclosure of informationI1

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

art. 5(1)(a)(b) substituted by Pension Protection Fund (PPF Ombudsman) 2005 art. 2(a)
art. 5(2)(i) word omitted by Pension Protection Fund (PPF Ombudsman) 2005 art. 2(b)(i)
art. 5(2)(k) added by Pension Protection Fund (PPF Ombudsman) 2005 art. 2(b)(ii)
art. 5(3) added by Pension Protection Fund (PPF Ombudsman) 2005 art. 2(c)

(1)

The PPF Ombudsman must not disclose any information which he obtains for the purposes of an investigation under Article 192 or 193 unless –

(a)

the disclosure is to a person specified in paragraph (2), and

(b)

the PPF Ombudsman considers that disclosure would enable or assist that person to discharge that person’s functions.

(2)

The persons specified in this paragraph are –

(a)

the Board;

(b)

the Regulator;

(c)

the Pensions Compensation Board^f1;

(d)

the Pensions Ombudsman^f2;

F1(e)

the Financial Conduct Authority;

(ea)

the Prudential Regulation Authority;

(f)

any government department;

(g)

a person appointed under –

(i)

section 167 of the Financial Services Act (appointment of persons to carry out general investigations);

(ii)

section 168(3) or (5) of that Act (appointment of persons to carry out investigations in particular cases), or

(iii)

section 284 of that Act (power to investigate),

to conduct an investigation;

(h)

an inspector appointed under Part XV of the Companies Order or under Part XIV of the Companies Act 1985^f3;

(i)

a body designated under section 326(1) of the Financial Services Act (designation of professional bodies), and

F2(j)

a recognised investment exchange, a recognised clearing house, F3... F4...third country central counterparty, recognised CSD... or third country CSD (as defined by section 285 of that Act); and

Annotations

Textual amendments

F1: Art. 5(2)(e)(ea) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 99
F2: Art. 5(2)(j) substituted (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 37(2) (with regs. 52-58)
F3: Words in art. 5(2)(j) omitted (31.12.2020) by virtue of The Occupational and Personal Pension Schemes (Amendment etc.) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/193), regs. 1, 18(2); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in art. 5(2)(j) substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 27 (with regs. 7(4), 9(1))

Commencement

I1: Art. 5 in operation at 6.4.2005, see art. 1(1)

Footnotes

f1: See section 78(1) of the Pensions Act 1995 (c. 26) which establishes the Pensions Compensation Board
f2: See section 145 of the Pension Schemes Act 1993 (c. 48) which establishes the Pensions Ombudsman
f3: 1985 c. 6