191. Information given by auditor or actuary to the Regulator
(1) This section applies to a person who is, or has been, an auditor of an Authorised Person, Recognised Body or Reporting Entity, Appointed pursuant to Rules made under this Part.
(2) This section also applies to a person who is, or has been, an actuary acting for an Authorised Person, Recognised Body or Reporting Entity and Appointed pursuant to Rules made under this Part.
(3) An auditor or actuary does not contravene any duty to which he is subject merely because he gives to the Regulator —
(a) information on a matter of which he has, or had, become aware in his capacity as auditor of, or actuary acting for, the Authorised Person, Recognised Body or Reporting Entity; or
(b) his opinion on such a matter;
if he is acting in good faith and he reasonably believes that the information or opinion is relevant to any functions of the Regulator.
(4) Subsection (3) applies whether or not the auditor or actuary is responding to a request from the Regulator.
(5) The Regulator may make Rules prescribing circumstances in which an auditor or actuary must communicate matters to the Regulator as mentioned in subsection (3).
(6) It is the duty of an auditor or actuary to whom any such Rules apply to communicate a matter to the Regulator or any other person or body in the circumstances prescribed by the Rules.