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Proposed orders, etc., to be kept in confidence.
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97.— (1) A person other than the Bank shall not publish the fact that the Bank proposes to make or has made a proposed transfer order or proposed special management order, unless required to do so by an enactment, or with the prior written consent of the Bank.
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(2) A person other than the Bank shall not publish the fact that the person or the Bank proposes—
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(a) to present a petition to wind up an authorised credit institution,
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(b) to advertise such a petition, or
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(c) to take any other step or make any other publication concerning that person’s intention to cause an authorised credit institution to be wound up,
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unless required to do so by an enactment, except with the prior written consent of the Bank.
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(3) A person (including an authorised credit institution) who contravenes subsection (1) or (2) commits an offence and is liable—
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(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or to both, or
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(b) on conviction on indictment to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 3 years or to both.
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(4) It is not a contravention of subsection (1) or (2) for an authorised credit institution to disclose a fact referred to in either of those subsections for the purposes of obtaining professional advice.
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