Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 15 July 2010 - onwards
  Version 2 of 2    

50. Defence - disclosure to customer in case of direction or order to suspend service or transaction.

It is a defence in any proceedings against a person ("the defendant") for an offence under section 49, in relation to a disclosure, for the defendant to prove that -

(a) the disclosure was to a person who, at the time of the disclosure, was a customer of the defendant or of a designated person on whose behalf the defendant made the disclosure,

(b) the defendant, or the designated person on whose behalf the defendant made the disclosure, was directed or ordered under section 17 not to carry out any specified service or transaction in respect of the customer, and

(c) the disclosure was solely to the effect that the defendant, or a designated person on whose behalf the defendant made the disclosure, had been directed by a member of the Garda Síochána, or ordered by a judge of the District Court, under section 17 not to carry out the service or transaction for the period specified in the direction or order.