Section 406: Confidentiality

406. Confidentiality (1) Every member of the Companies Supervisory Committee and every employee in the Insolvency Service shall— (a) before he begins to perform any duties under this Act, take an oath of confidentiality in the form set out in the Eleventh Schedule; and (b) maintain during or after his relationship with the Insolvency Service, the confidentiality of any information received in the course of a consultation or investigation conducted under this Act which comes to his knowledge. (2) Subject to subsection (3) and except for the purposes of administering this Act or where he is authorised to do so by the Companies Supervisory Committee or Insolvency Service as the case may be, no person referred to in subsection (1) shall communicate to any unauthorised person any information received in the course of a consultation or investigation conducted under this Act. (3) Except where ordered by the Court for a reason specified in subsection (4), no person referred to in subsection (1) shall be required to produce or divulge to any Court, tribunal, committee of inquiry or other authority in Mauritius or elsewhere any document, information or other matter coming to his notice, or being in his possession or control for any reason. (4) The Court may authorise the disclosure of the information for the purposes of investigation of a suspected offence or the institution of criminal proceedings whether under this Act or not, where the Court considers that there are reasonable grounds for suspecting that an offence has taken place.