(1) A word or expression that is used in this Regulation and is also used in the Irish Takeover Panel Act 1997 (No. 5 of 1997) shall have the same meaning in this Regulation as it has in that Act.
(2) Having access to inside information relating to another company and using it in the context of a public takeover offer for the purpose of gaining control of that company or proposing a merger with that company in conformity with rules made under section 8 of the Irish Takeover Panel Act 1997 does not of itself constitute market abuse and is not a contravention of Regulation 5 or 6.
(3) Regulation 5(3)(c) does not preclude a company (''first-mentioned company" from dealing in the financial instruments of another company (''second-mentioned company" at any time by reason only of information in the possession of an officer of the first-mentioned company that -
(a) was received by the officer in the course of the carrying out of the officer's duties, and
(b) consists only of the fact tha