Companies Act 2014

• (10) A specified person the subject of an interim direction that has effect may request, at any time, that the Supervisory Authority withdraw the direction on the basis of information, to be provided by the specified person with the request, that has not previously been brought to the attention of the Supervisory Authority.

• (11) A specified person the subject of an interim direction may appeal to the court against the decision to issue the direction at any time during which the direction has effect.

• (12) This section shall not operate to prevent the issuing of a further interim direction under this section after an interim direction has ceased to have effect under subsection (7).]

934B. F726[Immediate action required to protect public

934B. (1) This section applies if the Supervisory Authority is of the opinion that the nature or gravity of the possible relevant contravention committed by a specified person warrants, in the interest of protecting the public, a direction to the specified person prohibiting him or her from carrying out statutory audits or signing statutory auditors’ reports, or both, until steps or further steps are taken under section 934 in relation to that contravention by that person.

• (2) The Supervisory Authority may make an ex parte application to the court for a direction referred to in subsection (1) until the steps or further steps referred to in that subsection are taken.]

934C. F727[Sanctions which Supervisory Authority may impose on statutory auditor for relevant contravention

934C. (1) This section applies to a specified person the subject of a decision under section 934(9) that the person has committed a relevant contravention.

• (2) Subject to section 934D, the Supervisory Authority may impose on the specified person one or more of the following sanctions in relation to the relevant contravention:

• (a) a direction by the Supervisory Authority to the specified person that he or she cease the conduct giving rise (whether in whole or in part) to the contravention and to abstain from any repetition of that conduct;

• (b) a direction by the Supervisory Authority to the specified person to remediate the conduct giving rise (whether in whole or in part) to the contravention;

• (c) a reprimand or severe reprimand by the Supervisory Authority to the specified person in relation to the conduct giving rise (whether in whole or in part) to the contravention;

• (d) a declaration by the Supervisory Authority that the statutory auditors’ report concerned does not meet the requirements of section 336 or 337 or, where applicable, Article 10 of Regulation (EU) No 537/2014;

• F728[(da) a declaration by the Supervisory Authority that the assurance report concerned does not meet the requirements of section 1613;]

• (e) a direction by the Supervisory Authority to the specified person (being any one or more of a statutory auditor or key audit partner (within the meaning of Part 27)) prohibiting him or her, for the period specified in the direction (which may be up to and including an indefinite period), from carrying out statutory audits or signing statutory auditors’ reports, or both;

• F728[(ea) a direction by the Supervisory Authority to the specified person (being a statutory auditor approved under Part 28 or a key sustainability partner (within the meaning of that Part)) prohibiting him or her, for the period specified in the direction (which may be up to and including a period of three years), from carrying out the assurance of sustainability reporting or signing assurance reports, or both;]

• (f) if the specified person is an audit firm, a direction by the Supervisory Authority to the firm, or to an officer, member or partner of the firm, or to both, prohibiting the firm or, as the case may be, the officer, member or partner, for the period specified in the direction (which may be up to and including an indefinite period) from performing functions—

• (i) in the case of the firm, as an audit firm, or

• (ii) in the case of the officer, member or partner, in audit firms or public-interest entities;

• (g) subject to section 934G, a direction by the Supervisory Authority to the specified person to pay an amount, as specified in the direction but not exceeding—

• (i) €100,000 in the case of a specified person who is an individual, or

• (ii) in the case of a specified person which is an audit firm, €100,000 multiplied by the number of statutory auditors in the firm at the time that the relevant contravention occurred (and irrespective of whether any particular statutory auditor was or was not a party to the relevant contravention),

to the Supervisory Authority;

• (h) an order excluding the specified person from having his or her particulars entered, or continuing to be entered, in the public register (within the meaning of Part 27) in respect of one or more recognised accountancyF729[bodies or from having his or her particulars entered, or continuing to be entered, in the public register in relation to his or her approval under Part 28 to carry out the assurance of sustainability reporting].

• (3) In default of payment of an amount referred to in subsection (2)(g), the Supervisory Authority may recover that amount as a simple contract debt in any court of competent jurisdiction.

• (4) A person the subject of a direction under subsection (2) shall comply with the direction.

• (5) Where applicable, the Supervisory Authority shall direct the recognised accountancy body of which the specified person is a member to take any necessary action on foot of the imposition of a relevant sanction on the person and that body shall comply with the direction.

• (6) The Supervisory Authority shall, as soon as is practicable after imposing a relevant sanction on a specified person, notify the recognised accountancy body of which the specified person is a member of the imposition of the sanction together with such particulars of the person, the relevant contravention concerned and the sanction as the Supervisory Authority considers appropriate.]

934D. F730[Relevant circumstances to be considered in imposing relevant sanctions on specified person

934D. (1) This section applies to a specified person the subject of a decision under section 934(8) or (9) that the person has committed a relevant contravention.

• (2) In imposing a relevant sanction on a specified person, the Supervisory Authority shall consider the following circumstances:

• (a) the gravity and duration of the relevant contravention;

• (b) the degree of responsibility of the specified person;

• (c) the financial strength of the specified person (including, in the case of a specified person who is not an individual, the total turnover of the specified person or, in the case of a specified person who is an individual, the annual income of the individual);

• (d) the amount of profits gained or losses avoided by the specified person in consequence of the relevant contravention, in so far as they can be determined;

• (e) the level of cooperation of the specified person with the Supervisory Authority;

• (f) previous relevant contraventions committed by the specified person.]

934E. F731[Resolution of suspected relevant contravention by agreement - specified person

934E. (1) Subject to subsection (2), if the Supervisory Authority believes on reasonable grounds that a specified person is committing, or has committed, a relevant contravention, the Supervisory Authority and the person may, at their absolute discretion, enter into an agreement (in this section referred to as a "section 934E agreement") to resolve the matters the subject of the contravention.

• (2) The following provisions shall apply to the section 934E agreement:

• (a) the agreement may be entered into notwithstanding that no investigation under section 934 into the contravention has been commenced;

• (b) the agreement may be entered into after an investigation under section 934 into the relevant contravention has been commenced but not, subject to paragraph (d), after it has been completed;

• (c) without prejudice to the generality of the terms of the agreement, such terms may include terms under which the specified person accepts—

• (i) the imposition of one or more relevant sanctions that may be imposed under section 934(8) or (9), as appropriate, and

• (ii) if an investigation under section 934 into the contravention has been commenced, the payment of costs referred to in section 934(10);

• (d) the agreement may be entered into after an investigation under section 934 has been undertaken and carried out only to the extent to determine which sanctions (if any) referred to in paragraph (c)(i) to impose on the specified person;

• (e) the terms of the agreement are binding on the Supervisory Authority and the specified person.

• (3) Subject to subsection (6), the provisions of sections 934C, 934D, 934F, 934G and 934H shall apply, with any necessary modifications, to any relevant sanctions imposed on a specified person pursuant to a section 934E agreement as those sections apply to any relevant sanctions imposed on a specified person otherwise than pursuant to a section 934E agreement.

• (4) Subject to subsection (5), where the specified person with whom the Supervisory Authority has entered into the section 934E agreement fails to comply with one or more of the terms of the agreement, the Supervisory Authority may apply to the court for an order compelling that person comply with those terms.

• (5) In default of payment, any amount agreed to be paid to the Supervisory Authority by the specified person under the section 934E agreement may be recovered by the Supervisory Authority from the person as a simple contract debt in any court of competent jurisdiction.

• (6) The necessary modifications referred to in subsection (3), in so far as section 934F is concerned, include reading that section as if—

• (a) the following subsection were substituted for subsection (1) of that section:

• "(1) Subject to subsection (3), the Supervisory Authority shall, in so far as a relevant decision imposes a relevant sanction on a specified person, as soon as is practicable, publish on its website particulars of the relevant contravention for which the relevant sanction was imposed, particulars of the relevant sanction imposed and particulars of the specified person on whom the relevant sanction was imposed.",

• (b) subsections (2) and (4) of that section were deleted, and

• (c) in subsection (5) of that section, the reference to "or (2)" were deleted.

• (7) Section 941 shall be disregarded for the purposes of a section 934E agreement.]

934F. F732[Publication of relevant sanction imposed on specified person, etc.

934F. (1) Subject to subsections (2) and (3), the Supervisory Authority shall, in so far as a relevant decision imposes a relevant sanction on a specified person, as soon as is practicable after—

• (a) that decision has been confirmed by the court as referred to in section 941(4A), or

• (b) a decision of the court under section 941(2)(b) has been made to impose a different relevant sanction on the specified person,

publish on its website particulars of the relevant contravention for which the relevant sanction was imposed, particulars of the relevant sanction imposed and particulars of the specified person on whom the relevant sanction was imposed.

• (2) Subject to subsection (4), if there is an appeal to the court from a confirmation referred to in subsection (1)(a), or a decision referred to in subsection (1)(b), the Supervisory Authority shall, as soon as may be, as it considers appropriate, publish particulars on its website of the status or outcome of the appeal.

• (3) The Supervisory Authority shall publish the particulars, comprising a public notice of a relevant sanction imposed, on an anonymous basis on its website in any one or more of the following circumstances:

• (a) the Supervisory Authority, following an assessment of the proportionality of the publication of those particulars in accordance with subsection (1) in so far as personal data are concerned, is of the opinion that, in relation to the relevant sanction imposed on a specified person who is an individual, such publication would be disproportionate;

• (b) the Supervisory Authority is of the opinion that the publication of those particulars in accordance with subsection (1) would jeopardise the stability of financial markets or an ongoing criminal investigation;

• (c) the Supervisory Authority is of the opinion that the publication of those particulars in accordance with subsection (1) would cause disproportionate damage to the specified person.

• (4) Subsection (2) shall not apply in any case where subsection (3) applies.

• (5) The Supervisory Authority shall ensure that particulars published on its website in accordance with subsection (1) or (2) remain on its website for at least 5 years.]

934G. F733[Limitations on imposing monetary sanctions on specified person

934G. (1) If the Supervisory Authority decides to impose a monetary sanction on a specified person, the Supervisory Authority shall not impose an amount—

• (a) that would be likely to cause the specified person to cease business, or

• (b) that would, if the specified person is an individual, be likely to cause the person to be adjudicated bankrupt.

• (2) If the conduct engaged in by the specified person has given rise (whether in whole or in part) to 2 or more relevant contraventions, the Supervisory Authority shall not impose more than one monetary sanction on the person in respect of the same conduct.]

934H. F734[Specified person not to be liable to be penalised twice for same relevant contravention

934H. (1) If the Supervisory Authority imposes a monetary sanction on a specified person and the conduct engaged in by the person that has given rise (whether in whole or in part) to the relevant contravention is an offence under the law of the State, the person shall not be liable to be prosecuted or punished for the offence under that law.

• (2) The Supervisory Authority shall not impose a monetary sanction on a specified person if—

• (a) the person has been charged with having committed an offence under a law of the State and has either been found guilty or not guilty of having committed the offence, and

• (b) the offence involves the conduct engaged in by the person that has given rise (whether in whole or in part) to the relevant contravention.]

934I. F735[Reporting of relevant contraventions

934I. (1) The Supervisory Authority and each recognised accountancy body shall establish effective mechanisms to encourage the reporting to it of relevant contraventions or suspected relevant contraventions.

• (2) The mechanisms referred to in subsection (1) shall include at least:

• (a) specific procedures (including follow-up procedures) for the receipt of reports of relevant contraventions and suspected relevant contraventions;

• (b) the protection of personal data concerning both the person who reports the relevant contravention or suspected relevant contravention and the specified person concerned in compliance with the principles laid down in the Data Protection Acts 1988 to 2018 and Regulation (EU) 2016/679.

• (3) A statutory auditor which is an audit firm shall, as soon as is practicable after the commencement of section 35 of the Companies (Statutory Audits) Act 2018, establish effective procedures within the firm for employees to report relevant contraventions or suspected relevant contraventions.]

935. Supplemental provisions in relation to section 934 (including as concerns its relationship to provisions of 2010 Audits Regulations)

F736[935. (1) For the avoidance of doubt, the following matters may, without prejudice to the generality of the provisions of section 934, be the subject of an investigation by the Supervisory Authority under that section, namely matters—

• (a) in relation to which a recognised accountancy body has decided not to withdraw a person’s approval under F737[Part 27] as a statutory auditor or audit F738[firm or approval under Part 28 to carry out the assurance of sustainability reporting], or

• (b) which either—

• (i) have not been considered by a recognised accountancy body as grounds for the withdrawal of a person’s approval under F737[that Part] as a statutory auditor or audit firm, or

• (ii) having been considered by it as such grounds, are not considered by it to disclose a prima facie case for proceeding further.

• (2) Where—

• (a) those matters are the subject of such an investigation by the Supervisory Authority, and

• (b) a breach of standards is found by the Supervisory Authority,

F737[section 934(8)] shall be read as requiring or enabling (depending on whether the breach of standards found falls within F737[Chapters 2 to 4, or Chapter 8, of F738[Part 27 or Chapters 4 to 7 of Part 28]]) the Supervisory Authority to withdraw the approval under F738[the relevant Part] of the person concerned as a statutory auditor or audit firm.

• F737[(3) Where such an approval is withdrawn by the Supervisory Authority, section 1479(13) to (15) or, as the case may be, section 1480(13) to (15), shall, with all necessary modifications, apply to that withdrawal and section 934(11) and (12) shall not apply to that withdrawal.]

• (4) Subsection (2) does not prejudice the imposition, in the circumstances concerned, by the Supervisory Authority of another sanction referred to in F737[section 934(8)] in addition to a withdrawal of approval (where withdrawal of the approval is mandatory under F738[Part 27 or Part 28]) or in lieu of a withdrawal of approval (where such withdrawal is not so mandatory).

• (5) For the purposes of section 934, "member", in addition to the meaning given to that expression by section 900(1), includes, in relation to a prescribed accountancy body that is a recognised accountancy body, an individual or firm who or which, though not a member of the recognised accountancy body, is an individual or firm in relation to whom that body may exercise powers under F738[Part 27 or Part 28].]

935A. F739[ Interp1retation of sections 935A to 935D and 941A

935A. F740[…]]

935B. F741[Investigation of possible relevant contraventions

935B. F742[…]]

935C. F743[Sanctions which Supervisory Authority or Director of Corporate Enforcement may impose

935C. F744[…]]

935D. F745[Publication of relevant sanction imposed, etc

935D. F746[…]]

936. Review of members of recognised accountancy bodies

936. F747[…]

936A. F748[ Supplemental provisions in relation to section 934 - relevant directors

936A. (1) This section applies if—

• (a) either—

• (i) a specified person is the subject of a decision under section 934(9) that he or she has committed a relevant contravention, or

• (ii) the Supervisory Authority and a specified person who falls within paragraph (b) of the definition of "specified person" have entered into a section 934E agreement in respect of a relevant contravention that the Supervisory Authority reasonably believes that the person has committed,

and

• (b) that contravention relates, whether directly or indirectly, to the audit of a public-interest entity.

• (2) The Supervisory Authority shall, as soon as is practicable, give the F749[Corporate Enforcement Authority] particulars of—

• (a) the specified person,

• (b) the relevant contravention, and

• (c) the public-interest entity.

• (3) The Supervisory Authority shall, in addition to complying with subsection (2), give the F749[Corporate Enforcement Authority such information and assistance as the Corporate Enforcement Authority may reasonably require for the Corporate Enforcement Authority] may reasonably require for the Director to decide whether or not—

• (a) to investigate under Part 13 a relevant director, or

• (b) to impose, under F750[section 944AB, a relevant sanction (within the meaning of section 944Z)] on a relevant director for engaging in conduct giving rise (whether in whole or in part) to the relevant contravention,

or both.]

936B. F751[Communication with the CEAOB

936B. (1) The Supervisory Authority shall immediately communicate to the CEAOB particulars of—

• (a) any direction under section 934(8) that is equivalent to a direction referred to in paragraph (b),

• (b) any direction given by the Authority under section 934C(2)(e) or (f), and

• (c) any direction given by the F752[Corporate Enforcement Authority] under F753[section 944AB(2)(b)].

• (2) The Supervisory Authority shall, as soon as may be after the end of a year, give to the CEAOB aggregated information in relation to—

• (a) all relevant sanctions imposed by it on specified persons (being specified persons who fall within paragraph (b) of the definition of "specified person") during the year in accordance with this Chapter,

• (b) all public notices of relevant sanctions imposed by it on specified persons (being specified persons who fall within paragraph (b) of the definition of "specified person") during the year in accordance with this Chapter,

• (c) all relevant sanctions (within the meaning of Chapter 9 of Part 27) imposed by it on specified persons (within the meaning of that Chapter) during the year in accordance with that Chapter,

• (d) all public notices of relevant sanctions imposed (within the meaning of Chapter 9 of Part 27) by it on specified persons (within the meaning of that Chapter) during the year in accordance with that Chapter,

• F753[(e) in so far as all or part of the year has elapsed before the relevant date, all relevant sanctions (within the meaning of section 957AA as in force before the relevant date) imposed by the F752[Corporate Enforcement Authority] during the year in accordance with Chapter 3,]

• F753[(f) on and after the relevant date, all relevant sanctions (within the meaning of section 944Z) imposed by the Authority during the year in accordance with Chapter 3B,]

• F754[(g) in so far as all or part of the year has elapsed before the relevant date, all public notices of relevant sanctions (within the meaning of section 957AA as in force before the relevant date) imposed by the Director during the year in accordance with Chapter 3, and]

• F754[(h) on and after the relevant date, all public notices of relevant sanctions (within the meaning of section 944Z) imposed by the Authority during the year in accordance with Chapter 3B.]

• (3) A recognised accountancy body shall immediately communicate to the Supervisory Authority particulars of any temporary prohibition referred to in point (c) or (e) of Article 30a(1) of the Audit Directive imposed by the body on a relevant person.

• (4) The Supervisory Authority shall immediately communicate to the CEAOB particulars which have been communicated to it under subsection (3).

• (5) Without prejudice to the generality of sections 1523 and 1556, a recognised accountancy body shall, as soon as may be after the end of a year, give to the Supervisory Authority aggregated information in relation to—

• (a) all sanctions equivalent to relevant sanctions imposed by it on relevant persons during the year in accordance with Part 27, and

• (b) all notices equivalent to public notices of the sanctions first-mentioned in paragraph (a) imposed by it on relevant persons during the year in accordance with Part 27.

• (6) The Supervisory Authority shall, as soon as may be after it is given the information referred to in subsection (5), give the information to the CEAOB.

• F753[(7) In this section—

"relevant date" means the date of commencement of section 3 of the Companies (Corporate Enforcement Authority) Act 2021;

"relevant person", in relation to a recognised accountancy body, means—

• (a) a member of the body, or

• (b) an auditor or audit firm in relation to whom, by virtue of section 930C, the body may perform functions,

who is a statutory auditor or former statutory auditor.]]

937. Delegation of Supervisory Authority’s functions

937. (1) The Supervisory Authority may delegate some or all of the functions under F755[sections 933 to 934I, 935 and 936B and Chapter 9 of Part 27] to a committee established for that purpose and consisting of persons from one or more of the following categories of persons:

• (a) persons who are, at the time the committee is established, directors of the Authority;

• (b) other persons that the Authority considers appropriate.

• (2) Where functions under a provision referred to in subsection (1) are delegated to a committee, any references in that provision to the Supervisory Authority shall be read as references to that committee.

• (3) Subject to the regulations made under section 938(4), a committee may regulate its own procedure.

• F756[(3A) The Supervisory Authority may delegate some or all of the functions under sections 933 to 934I, 935 and 936B and Chapter 9 of Part 27 to any of its officers or employees or any other person duly authorised by it in that behalf.]

• (4) The Supervisory Authority may, if it reasonably considers it appropriate to do so, perform any of its other functions through or by any of its officers or employees or any other person duly authorised by it in that behalf, including the determination of whether a matter should be referred to a committee established for a purpose referred to in subsection (1).

• (5) A delegation under this section is revocable at will.

• (6) For the avoidance of doubt, a committee that was established under section 27(1) of the Act of 2003 prior to the commencement of section 4 of the Companies (Miscellaneous Provisions) Act 2009 shall be deemed to have been properly constituted, and shall be deemed to have and to have had all the powers necessary to perform its functions notwithstanding that any of its members was a director when he or she was appointed to the committee but ceased to be such a director before the completion of the enquiry, investigation or review for which it was established.

938. Hearings, privileges and procedural rules

938. (1) The Supervisory Authority may for the purposes of performing its functions under section 933, 934 F757[or 935] conduct an oral hearing in accordance with regulations made under subsection (4).

• (2) A witness before the Supervisory Authority is entitled to the same immunities and privileges as a witness before the court.

• (3) Nothing in section 933, 934 F757[or 935] compels the disclosure by any person of any information that the person would be entitled to refuse to produce on the grounds of legal professional privilege or authorises the inspection or copying of any document containing such information that is in the person’s possession.

• F757[(4) Subject to subsection (5), the Supervisory Authority may make regulations respecting the procedures to be followed in conducting enquiries under section 933 and investigations under section 934 or 935.

• (5) There is no obligation to make regulations under subsection (4) with respect to a particular provision referred to in that subsection. ]

• F758[(6) The Supervisory Authority shall, as soon as is practicable after making any regulations under subsection (4), publish the regulations on its website.

• (7) Any information produced or answer given by a person (howsoever described) in compliance with a requirement under section 933, 934 or 935 may be used in evidence against the person in any proceedings whatsoever, save proceedings for an offence (other than perjury in respect of such an answer).

• (8) A finding or decision of the Supervisory Authority under section 933, 934 or 935 is not a bar to any civil or criminal proceedings against the person (howsoever described) who is the subject of the finding or decision.]

939. Supervisory Authority’s seal and instruments

939. (1) Judicial notice shall be taken of the seal of the Supervisory Authority.

• (2) Every document that appears to be an instrument made by the Supervisory Authority and to be sealed with its seal (purporting to be authenticated in accordance with its articles of association) shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown.

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.

• F759[(5) Nothing in this section shall operate to prevent the Supervisory Authority from complying with its obligations under the relevant provisions.]

941. Appeals to and orders of the court, including orders confirming decisions of Supervisory Authority

941. (1) In an appeal under F760[section 931B(5), 933(10) or (12), or 934(11) or (13) or 934AA(11)], the court may consider any evidence adduced or argument made, whether or not adduced or made to the Supervisory Authority or other body whose decision is under appeal.

• (2) On the hearing of such an appeal, the court may make any order or give any direction it thinks fit, including an order—

• (a) confirming the decision under appeal, or

• (b) modifying or annulling that decision.

• (3) On application under [F761section 933(5)] for an order granting permission for an investigation under section 934 into a possible F761[relevant contravention committed by a specified person], the court may—

• (a) grant or refuse to grant permission, and

• (b) make any ancillary or consequential order it thinks fit, including, if permission is granted, an order setting aside any decision of the body relating to F761[such person].

• F761[(4) Subsection (4A) applies to the following decisions of the Supervisory Authority:

• (a) a decision under section 931B(2)(c);

• (b) a decision under section 933(6) in so far as it relates to the advisement, or admonishment, or censure referred to in that section of a relevant body;

• (c) a decision under section 933(7);

• (d) a decision under section 934(10);

• (e) a relevant decision in so far as it relates to the imposition of a relevant sanction on a specified person.

• (4A) A decision to which this subsection applies does not take effect until the decision is confirmed by the court either—

• (a) on appeal under section 931B(5), 933(10) or 934(11) or (13), or

• (b) on application by the Supervisory Authority under subsection (5). ]

• (5) On application by motion on notice by the Supervisory Authority for an order confirming a decision F761[to which subsection (4A) applies], the court may make an order confirming the decision or may refuse to make such an order.

• (6) On application under section 906(4) for an order compelling compliance with—

• (a) a rule adopted or guideline issued by the Supervisory Authority,

• F761[(b) a term or condition of recognition,

• (c) an obligation or obligations referred to in that subsection,

• (d) a section 931 notice, or

• (e) a direction under section 934A(2) or 934C(5),]

the court may make any order or give any direction it thinks fit.

• F762[(7) On an application under section 933A(4) for an order compelling compliance with a section 933A agreement, the court may make any order or give any direction as it thinks fit.

• (8) On an application under section 934B(2) for a direction referred to in section 934B(1), the court may make any order or give any direction as it thinks fit.

• (9) On an application under section 934E(4) for an order compelling compliance with a section 934E agreement, the court may make any order or give any direction as it thinks fit.]

941A. F763[Application to court to confirm decision to impose relevant sanction

941A. F764[…]]

942. Liability of Supervisory Authority for acts, omissions, etc.

942. (1) Neither the Supervisory Authority nor any person who is or was—

• (a) a member or director;

• (b) other officer or employee;

• (c) a member of a committee; or

• (d) a professional or other adviser or duly authorised agent;

of the Supervisory Authority shall be liable for damages for anything done, anything purported to be done or anything omitted to be done—

• (i) by the Supervisory Authority or that person (not being such an agent) in performing their functions under this Act; or

• (ii) in the case of such an agent, by the agent in doing on behalf of the Authority or other foregoing person an act that was done to enable such functions to be performed;

unless the act or omission is shown to have been in bad faith.

• (2) F765[…]

• (3) Subject to any enactment or rule of law the Supervisory Authority may indemnify—

• (a) any person who is or was a member or director, other officer or employee, member of a committee or a professional or other adviser of the Supervisory Authority in respect of anything done or omitted to be done by that person in good faith in carrying out duties under this Act, and

• (b) any person who is or was a duly authorised agent of the Supervisory Authority in respect of anything done or omitted to be done by that person in good faith in his or her doing an act on behalf of a person referred to in paragraph (a) that was done to enable the latter’s duties under this Act to be carried out.

• (4) The power to indemnify under subsection (3) includes the power to indemnify a person referred to in that subsection for any liability to pay damages or costs because of anything done or omitted to be done by that person in carrying out duties under this Act or, in the case of an agent referred to in paragraph (b) of that subsection, in doing an act referred to in that paragraph, where the liability—

• (a) has been determined in proceedings before a court or tribunal in another state or arises by virtue of an agreement entered into in settlement of such proceedings, and

• (b) would not have been determined had F766[subsection (1)] been applied in those proceedings or would not have been the subject of such an agreement but for that person’s reliance in good faith on a legal opinion or advice that those subsections would not be applied by the court or tribunal in those proceedings.

942A. F767[Liability of prescribed body for acts, omissions etc.

942A. (1) Neither a prescribed body nor any person who is or was—

• (a) a member or director, or

• (b) other officer or employee,

of the prescribed body shall be liable for damages for anything done, anything purported to be done or anything omitted to be done by the prescribed body or that person in performing the functions specified in subsection (2) unless the act or omission is shown to have been in bad faith.

• (2) Subsection (1) applies to the issuing of accounting standards.

• (3) In this section, "prescribed body" means a body prescribed under section 943(1)(h).]

943. Minister’s power to make regulations for purposes of Chapter, etc.

943. (1) Subject to section 944 and without prejudice to the application of section 12(1) to this Chapter, the Minister may make regulations that are necessary or advisable for giving effect to this Chapter or the provisions hereafter mentioned of sections 167, 225 and 275, including regulations—

• (a) prescribing designated bodies for the purposes of sections 902 and 907;

• (b) providing that, effective on a specified date, a body referred to in section 902(2) ceases to be a designated body;

• (c) varying, as a consequence of a regulation under paragraph (a) or (b), the numbers specified in section 907(1), (2) and (4), as the Minister considers necessary or expedient;

• (d) F768[…]

• F769[(e) prescribing the amount of a penalty under section 933(6)(b)(v);

• (f) prescribing for the purposes of section 933(9) the manner in which notice is to be given;]

• (g) F770[exempting from section 225]—

• (i) qualifying companies within the meaning of section 110 of the Taxes Consolidation Act 1997 (as inserted by section 48 of the Finance Act 2003); and

• (ii) classes of other companies and other undertakings, if the extent to which or the manner in which they are or may be regulated under any enactment makes it, in the Minister’s opinion, unnecessary or inappropriate to apply those provisions or that provision to them;

• (h) prescribing for the purposes of the definition of “accounting standards” in section 275(1) one or more bodies that issue statements of accounting standards;

• (i) prescribing for the purposes of the definition of “F771[relevant company]” in section 167(1) or for the purposes of section 225(7) amounts that are higher or lower than the euro amounts specified in that definition or in section 225(7), as the case may be, and that apply instead of the euro amounts.

• (2) On a body ceasing—

• (a) to be a prescribed accountancy body because of the revocation of a regulation made under section 12(1), or

• (b) to be a designated body because of a regulation made under subsection (1)(b),

any director who was nominated by that body under section 907 immediately ceases to hold office.

• (3) Before preparing, for the purposes of section 944, a draft regulation under—

• (a) section 12(1) prescribing bodies of accountants for the purposes of the definition of “prescribed accountancy body” in section 900(1), or

• (b) subsection (1)(a), (d) or (i),

the Minister shall consider any recommendations that the Supervisory Authority may make.

• (4) Subject to subsection (3), before making a regulation under this section the Minister may consult with any persons that the Minister considers should be consulted.

• (5) Regulations under this section may contain any transitional and other supplementary and incidental provisions that appear to the Minister to be appropriate.

944. Prior approval by Houses of Oireachtas required for certain regulations

944. Where it is proposed to make a regulation under—

• (a) section 12(1) prescribing bodies of accountants for the purposes of the definition of “prescribed accountancy body” in section 900(1), or

• (b) section 943(1)(a), (d), (g) or (i),

a draft of the proposed regulation shall be laid before each House of the Oireachtas and the regulation shall not be made until a resolution approving of the draft has been passed by each such House.

CHAPTER 3 Director of Corporate Enforcement

945. Director of Corporate Enforcement

945. F772[…]

946. Terms and conditions of appointment

946. F773[…]

947. Removal, cessation or disqualification of Director

947. F774[…]

948. Acting Director of Corporate Enforcement

948. F775[…]

949. Functions of Director

949. F776[…]

950. Superannuation

950. F777[…]

951. Secondment to Director’s office of member of Garda Síochána

951. F778[…]

952. Delegation by Director

952. F779[…]

953. Liability of Director or officer for acts and omissions

953. F780[…]

954. Director’s annual report

954. F781[…]

955. Director shall report as required

955. F782[…]

956. Confidentiality of information

956. F783[…]

957. Disclosure of information to Director

957. F784[…]

957A. F785[Restriction of application of certain articles of Data Protection Regulation

957A. F786[…]]

957AA. F787[Definitions (sections 957A to 957I)

957AA. F788[…]]

957B. F789[Provisions applicable where Director receives particulars, etc., from Supervisory Authority concerning relevant contravention and relevant director

957B. F790[…]]

957C. F791[Sanctions which Director may impose on relevant director for certain conduct

957C. F792[…]]

957D. F793[Relevant circumstances to be considered in imposing relevant sanctions on relevant director

957D. F794[…]]

957E. F795[Resolution of suspected certain conduct by agreement - relevant director

957E. F796[…]]

957F. F797[Publication of relevant sanction imposed on relevant director

957F. F798[…]]

957G. F799[Limitations on imposing monetary sanctions on relevant director

957G. F800[…]]

957H. F801[Relevant director not to be liable to be penalised twice for same conduct

957H. F802[…]]

957I. F803[Appeals to and orders of court, including orders confirming decisions of Director

957I. F804[…]]

F806[CHAPTER 3A Corporate Enforcement Authority

944A. Definitions (Chapter 3A)

944A. In this Chapter and Schedule 22—

“Act of 2004 ”means the Public Service Management (Recruitment and Appointments) Act 2004;

F805[“chairperson” means the chairperson of the Authority, being—

• (a) the chairperson appointed under section 944G(1) or (3), or

• (b) the chairperson under section 944G(4);]

“civil servant ”has the meaning assigned to it by the Civil Service Regulation Act 1956;

“Committee of Public Accounts” means the committee of Dáil Éireann established under the rules and Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General;

“establishment day” means the day appointed by order under section 944B;

“financial year”, in relation to the Authority, means a period of 12 months ending on 31 December in any year and, in the case of the first financial year of the Authority, means the period commencing on the establishment day and ending on 31 December in the year in which the establishment day falls;

“Member” has the meaning assigned to it by section 944F(2) and includes a person authorised to act in place of a Member under section 944I.]

944B. F807[Establishment day

944B. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Chapter.]

994C. F808[Establishment of Corporate Enforcement Authority

944C. (1) On the establishment day there shall stand a body to be known as An tÚdarás um Fhorfheidhmiú Corparáideach or, in the English language, the Corporate Enforcement Authority, to perform the functions conferred on it by this Act.

• (2) The provisions of Schedule 22 shall have effect in relation to the Authority.]

944D. F809[Functions of Authority

944D. (1) The functions of the Authority are—

• (a) to encourage compliance with this Act,

• (b) to investigate—

• (i) instances of suspected offences under this Act, and

• (ii) instances otherwise of suspected non-compliance with this Act or with the duties and obligations to which companies and their officers are subject,

• (c) to enforce this Act, including by the prosecution of offences by way of summary proceedings,

• (d) at the discretion of the Authority, to refer cases to the Director of Public Prosecutions where the Authority has reasonable grounds for believing that an indictable offence under this Act has been committed,

• (e) to exercise, in so far as the Authority considers it necessary or appropriate, a supervisory role over the activity of liquidators and receivers in the discharge of their functions under this Act,

• (f) for the purpose of ensuring the effective application and enforcement of obligations, standards and procedures to which companies and their officers are subject, to perform such other functions in respect of any matters to which this Act relates as the Minister considers appropriate and may by order confer on the Authority,

• (g) to perform such other functions for the purpose referred to in paragraph (f) as may be assigned to the Authority under this Act or any other Act,

• (h) to act under Chapter 2 as a member of the Supervisory Authority and, if appointed under section 907, act as a director of that body, and

• (i) to perform functions transferred to the Authority under section 944E.

• (2) Sections 930A and 930D make additional provision with regard to the performance of functions by, amongst others, the Authority.

• (3) The Authority may do all such acts or things as are necessary or expedient to enable it to perform its functions under this Act or any other Act.

• (4) The Authority shall be independent in the performance of its functions.

• (5) Subject to this Chapter and Schedule 22, the Authority shall regulate its own procedures.]

• F810[(6) In this section, a reference to the exercise of the functions of the Authority under this Act shall include a reference to the exercise of the functions of the Authority under the European Union (Disclosure of Income Tax Information by Certain Undertakings and Branches) Regulations 2023.]

944E. F811[Transfer of functions of Director to Authority

944E. (1) All functions that, immediately before the establishment day, were vested in the Director are transferred to the Authority.

• (2) Subject to section 36 of the Companies (Corporate Enforcement Authority) Act 2021, a reference in—

• (a) any enactment (other than this Act) to the Director or to the office of the Director, or

• (b) any instrument under an enactment to the Director or to the office of the Director,

shall be construed as a reference to the Authority.]

944F. F812[Membership of Authority

944F. (1) The Authority shall consist of such and so many Members (not being more than 3) as the Minister determines.

• (2) Each member of the Authority shall be known as a Member of the Corporate Enforcement Authority (in this Chapter referred to as a "Member").

• (3) Subject to subsections (4) to (7) and section 944I, a Member shall be appointed by the Minister on the recommendation of the Public Appointments Service acting in accordance with the Act of 2004 and the appointment shall be on a full-time basis for a period not exceeding 5 years from the date of his or her appointment.

• (4)
• (a) Subject to section 944H and Schedule 22, the relevant person shall, on the establishment day, be a Member for the remainder of his or her term of holding the office of Director left to elapse from and including the establishment day, and upon terms and conditions no less favourable than the relevant terms and conditions.

• (b) In this subsection—

"relevant person" means the person (other than an Acting Director or a delegate of the Director) who, immediately before the establishment day, holds the office of Director;

"relevant terms and conditions", in relation to the relevant person, means the terms and conditions to which the person was entitled to immediately before the establishment day by virtue of holding the office of Director and that are in addition to the terms and conditions to which he or she is entitled to under the Civil Service Regulation Act 1956 by virtue of being a civil servant.

• (5) The Public Appointments Service shall ensure that a person is recommended under subsection (3) for appointment only if satisfied that the person has the qualifications, experience and skills necessary to enable the Authority to effectively perform its functions.

• (6) A Member to whom subsection (3) applies and whose term of office expires by the elapse of time may be reappointed to the Authority by the Minister for one further period not exceeding 5 years from the date of his or her reappointment and without the need for the recommendation referred to in that subsection.

• (7) A Member to whom subsection (4) applies and whose term of office expires by the elapse of time may be reappointed to the Authority by the Minister for one further period not exceeding 5 years from the date of his or her reappointment.

• (8) A Member shall—

• (a) act subject to such terms and conditions (other than the payment of remuneration and allowances for expenses) as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine,

• (b) be paid by the Authority such remuneration and allowances for expenses (if any) as the Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time determine,

• (c) not hold any other office or occupy any other position in respect of which emoluments are payable or carry on any business without the consent of the Minister, and

• (d) cease to be a Member (whether or not the Member is a civil servant) on attaining the age of 70 years or, where a higher age is prescribed by order under section 3A(2) of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 for the purposes of that Act, that age but, where the person is a new entrant (within the meaning of that Act) appointed on or after 1 April 2004, the requirement to cease to be a Member on grounds of age shall not apply.]

944G. F813[Appointment of chairperson of Authority

944G. (1) The Minister shall, where the Authority consists of more than one Member, appoint one of the Members to be chairperson and such additional allowance (if any) may be paid by the Authority to the chairperson as the Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time determine.

• (2) The chairperson shall have a casting vote in the case of decisions to be taken by the Authority in the event of a tied vote.

• (3) Where a chairperson stands appointed under subsection (1), and is unavailable to perform his or her duties due to absence or incapacity, the Minister shall appoint a person (which may be another existing Member or a member of staff of the Authority) to act as chairperson for the duration of the period of absence or incapacity.

• F814[(4) Where the Authority consists of one Member, that Member shall be chairperson.]

• (5) The chairperson shall carry on and manage and control generally the staff, administration and business of the Authority.]

994H. F815[Resignation, removal, disqualification of Member

944H. (1) A Member may resign from office by letter addressed to the Minister and the resignation shall take effect on the date specified in the letter, or the date on which the Minister receives the letter, whichever is the later.

• (2) The Minister may, at any time, remove a Member from office if the Minister is satisfied that—

• (a) the Member has become incapable through ill-health of performing his or her functions,

• (b) the Member has committed stated misbehaviour, or

• (c) the removal of the Member appears to the Minister to be necessary for the effective performance by the Authority of its functions.

• (3) If a Member is removed from office in accordance with subsection (2), the Minister shall—

• (a) provide the Member with a statement of reasons for the removal, and

• (b) ensure that a copy of that statement is laid before each House of the Oireachtas.

• (4) A Member shall cease to be qualified for office and shall cease to hold office if he or she—

• (a) is adjudicated bankrupt,

• (b) makes a composition or arrangement with creditors,

• (c) is sentenced by a court of competent jurisdiction to a term of imprisonment,

• (d) is convicted of any indictable offence in relation to a company or any other body corporate,

• (e) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,

• (f) has a declaration made against him or her under section 819 or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14, or

• (g) is, or is deemed to be, the subject of an order under section 160 of the Act of 1990 or a disqualification order within the meaning of Chapter 4 of Part 14.]

944I. F816[Acting Member

944I. F817[(1) Where one Member only stands appointed for the time being under section 944F, the Minister may authorise in writing a person (which may be a member of staff of the Authority) to perform the functions of a Member and of the chairperson during any period when that Member is absent from duty or absent from the State or is, for any other reason, unable to perform the functions of a Member and the chairperson.]

• (2) Where a vacancy occurs in the office of Member and no Member stands appointed for the time being under section 944F, the Minister may authorise in writing a person (which may be a member of staff of the Authority) to perform the functions F817[of a Member and of the chairperson] during the period of that vacancy.

• (3) An authorisation under subsection (2) shall not remain in force for a period of more than 6 months unless the Minister is satisfied that it is not practicable for an appointment under section 944F to be made within that period, in which case he or she may extend that period by such further period as he or she is satisfied is a period within which it is practicable for an appointment to be made under that section.

• (4) The Minister may at any time terminate an authorisation under this section.

• F817[(5) A person in respect of whom an authorisation under this section is in force may perform the functions of a Member and the chairperson under this Act and, for that purpose, references in this Chapter and in Schedule 22—

• (a) to a Member, other than in sections 944F(3), 944H(2) and 944L, and

• (b) to the chairperson, other than in sections 944G(1) and 944G(3),

shall be construed as including references to that person.]]

994J. F818[Assignment and transfer of staff to Authority

944J. (1) Subject to section 944F(4), every civil servant who, immediately before the establishment day, stands assigned to act as a member of staff of the office of the Director shall, on the establishment day, stand assigned to act as a member of staff of the Authority.

• (2) The Minister may, as he or she considers appropriate, designate in writing such and so many persons who stand assigned under subsection (1) to act as members of staff of the Authority to become and be members of staff of the Authority on and from such date as the Minister may specify in the designation (in this section referred to as the "effective date").

• (3) A member of staff designated in accordance with subsection (2) shall become and be a member of staff of the Authority on and from the effective date.]

944K. F819[Staff of Authority, etc.

944K. (1) Subject to subsection (3) and section 944F, the Authority may appoint such number of persons to be members of its staff as it may determine.

• (2) Subject to subsection (3), the Authority shall determine the grades of members of its staff and the numbers in each grade.

• (3) A determination of the Authority under subsection (1) or (2) is subject to the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform.

• (4) The Authority may authorise in writing an officer or officers of the Authority to perform, on its behalf, a specified function or functions of the Authority and such officer or officers so authorised may perform such function or functions accordingly.

• (5) An officer of the Authority who performs any of its functions is presumed in any proceedings to have been authorised to do so on its behalf, unless the contrary is shown.

• (6) Members of the staff of the Authority are civil servants.

• (7) The terms and conditions of service of a member of the staff of the Authority shall, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, be such as may be determined from time to time by the Authority.

• (8) There shall be paid by the Authority to the members of its staff such remuneration and allowances as, from time to time, the Authority, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, determines.

• (9) The Authority is the appropriate authority (within the meaning of the Act of 2004 and the Civil Service Regulation Acts 1956 to 2005) in relation to its staff.]

944L. F820[ Superannuation of Members

944L. (1) The Minister shall, if he or she considers it appropriate to do so and with the consent of the Minister for Public Expenditure and Reform, make and carry out a scheme or schemes for the granting of superannuation benefits to or in respect of the Members (other than a Member who is a civil servant).

• (2) Each superannuation scheme shall fix the terms and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different terms and conditions may be fixed in respect of different classes of persons.

• (3) A superannuation scheme may be amended or revoked by a subsequent scheme made under this section by the Minister with the consent of the Minister for Public Expenditure and Reform.

• (4) The Minister shall not grant, or enter into any arrangement for the provision of, any superannuation benefit to or in respect of a person referred to in subsection (1) except—

• (a) in accordance with a superannuation scheme made under this section, or

• (b) with the consent of the Minister for Public Expenditure and Reform.

• (5) In the case of a dispute as to the claim of any person to, or the amount of, any superannuation benefit payable under a superannuation scheme made under this section—

• (a) the dispute shall be submitted to the Minister,

• (b) the Minister shall refer the dispute to the Minister for Public Expenditure and Reform for his or her determination of it, and

• (c) the decision of the Minister for Public Expenditure and Reform shall be final.

• (6) Every superannuation scheme made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.]

944M. F821[Secondment to Authority of member of Garda Síochána

944M. (1) This section applies where a member of the Garda Síochána has been seconded to the Authority.

• (2) Notwithstanding the secondment, and without prejudice to section 944D(4), the person seconded shall continue to be under the general direction and control of the Commissioner of the Garda Síochána.

• (3) For the purposes of this Act and for the purposes outside this Act, the person seconded—

• (a) shall continue to be vested with the powers and to be subject to the duties of a member of the Garda Síochána, and

• (b) may continue to exercise those powers and perform those duties.

• (4) A member of the Garda Síochána seconded to the office of the Director immediately before the establishment day shall, on the establishment day, be seconded to the Authority on the same terms and conditions on which he or she was seconded to that office, and the other provisions of this section shall apply to the member accordingly.]

944N. F822[Accountability of Authority to Committee of Public Accounts

944N. (1) The chairperson shall, whenever required in writing to do so by the Committee of Public Accounts, give evidence to that Committee in relation to—

• (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Authority is required by this Act to prepare,

• (b) the economy and efficiency of the Authority in the use of its resources,

• (c) the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and

• (d) any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act 1993, or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

• (2) In the performance of his or her duties under this section, the chairperson shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.]

944O. F823[Accountability of Member to certain Oireachtas Committees

944O. (1) In this section, “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee on Public Accounts, the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a sub-committee of such a Committee.

• (2) Subject to subsection (3), F824[the chairperson] shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Authority.

(3)F824[The chairperson] shall not be required to give account before a Committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal.

• (4) Where F824[the chairperson] is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subsection (3) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when F824[the chairperson] is before it, the information shall be so conveyed in writing.

• (5) Where F824[the chairperson] has informed a Committee of his or her opinion in accordance with subsection (4) and the Committee does not withdraw the request referred to in subsection (2) in so far as it relates to a matter the subject of that opinion—

• (a) F824[the chairperson] may, on behalf of the Authority, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3) applies, or

• (b) the Chairperson of the Committee may, on behalf of the Committee, not later than the 21 days referred to in paragraph (a), make such an application, and the High Court shall determine the matter.

• (6) Pending the determination of an application under subsection (5), F824[the chairperson] shall not attend before the Committee to give account for the matter the subject of the application.

• (7) If the High Court determines that the matter concerned is one to which subsection (3) applies, the Committee shall withdraw the request referred to in subsection (2), but if the High Court determines that subsection (3) does not apply, F824[the chairperson] shall attend before the Committee and give account for the matter.

• (8) In the performance of his or her duties under this section, F824[the chairperson] shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

• (9) F825[…]]

944P. F826[Confidentiality of information

944P. (1) No person shall disclose, except in accordance with law, information that—

• (a) is obtained in performing the functions of the Authority, and

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

• (2) Without limiting subsection (1), the persons to whom that subsection applies include—

• (a) a Member or former Member, or

• (b) an officer or former officer of the Authority.

• (3) Nothing in subsection (1) shall prevent the disclosure of information by or under the authority of the Authority if, and to the extent that, the Authority considers that the information is required—

• (a) for a purpose or reason specified in section 791(a) to (m),

• (b) for the performance by a competent authority (as defined in section 792(2)) of a function or functions by that authority, or

• (c) for the performance by the Authority of a function or functions of the Authority.

• (4) Nothing in subsection (1) shall prevent the disclosure of information to any member of the Garda Síochána if that information, in the opinion of the Authority, may relate to the commission of an offence other than an offence under this Act.

• (5) A person who contravenes this section shall be guilty of a category 2 offence.]

944Q. F827[Disclosure of information to Authority

944Q. (1) Notwithstanding any other law—

• (a) the Competition and Consumer Protection Commission,

• (b) a member of the Garda Síochána,

• (c) an officer of the Revenue Commissioners,

• (d) the Insolvency Service of Ireland,

• (e) the Irish Takeover Panel,

• (f) the Registrar,

• (g) the registrar of friendly F828[societies,]

• F829[(ga) the Registrar of Beneficial Ownership,

• (gb) the Charities Regulatory Authority,

• (gc) the Minister for Social Protection,

• (gd) the Data Protection Commission,

• (ge) Office of the Protected Disclosures Commissioner,

• (gf) the Criminal Assets Bureau, or]

• (h) such other authority or other person as may be prescribed,

may disclose to the Authority or an officer of the Authority information to which this subsection applies.

• (2) Subsection (1) applies to information that, in the opinion of the Authority or other person referred to in any of paragraphs F828[(a) to (gf)] of that subsection disclosing, or seeking to disclose the information—

• (a) relates to the commission of an offence under this Act or non-compliance otherwise with this Act or with the duties and obligations to which companies and their officers are subject, or

• (b) is information that could materially assist the Authority or an officer of the Authority in investigating—

• (i) whether an offence under this Act has been committed or whether there has been non-compliance otherwise with this Act or with the duties and obligations to which companies and their officers are subject, or

• (ii) without prejudice to the generality of subparagraph (i), in a case where the making of an application for a disqualification order in relation to a particular person in accordance with section 842(h) is contemplated, whether and to what extent the matters mentioned in section 843(3) apply in the circumstances concerned.