192. Information given by auditor or actuary to the Regulator: persons with close links

(1) This section applies to a person who —
(a) is, or has been, an auditor of an Authorised Person, Recognised Body or Reporting Entity, Appointed pursuant to Rules made under this Part; and
(b) is, or has been, an auditor of a person who has close links with the Authorised Person, Recognised Body or Reporting Entity ("CL").
(2) This section also applies to a person who —
(a) 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; and
(b) is, or has been, an actuary acting for a person ("CL") who has close links with the Authorised Person, Recognised Body or Reporting Entity.
(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 concerning the Authorised Person, Recognised Body or Reporting Entity of which he has, or had, become aware in his capacity as auditor of, or actuary acting for, CL; 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.
(7) CL has close links with the Authorised Person, Recognised Body or Reporting Entity concerned ("A") if CL is —
(a) a Parent Undertaking of A;
(b) a Subsidiary Undertaking of A;
(c) a Parent Undertaking of a Subsidiary Undertaking of A; or
(d) a Subsidiary Undertaking of a Parent Undertaking of A.