(1) Except in the circumstances specified in subsection (3) a person shall not disclose confidential information obtained by him or her while performing functions as -

(a) a member of the board of HBFI or a HBFI group entity,

(b) an officer of HBFI,

(c) an officer of a HBFI group entity,

(d) an adviser, consultant or other person providing services to HBFI or a HBFI group entity, or

(e) a member of staff of an adviser, consultant or other person providing services to HBFI or a HBFI group entity.

(2) A person who contravenes subsection (1) commits an offence and shall be liable -

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years or both.

(3) A person does not contravene subsection (1) by disclosing confidential information where the disclosure -