INTERNATIONAL TRUSTS ACT 1984

PART 5  MISCELLANEOUS

  23  Privacy

(1)  Except where the provisions of this Act require, and subject to this section, it is an offence for a person to disclose to any other person information relating to the establishment, constitution, business undertaking or affairs of an international trust.
(2)  Subsection (1) does not apply to a disclosure if—
  • (a) the disclosure is required or authorised by the Court:
  • (b) the disclosure is made for the purpose of discharging any duty, performing any function or exercising any power under any Act:
  • (c) the disclosure is made as required by or under a search warrant.
(3)  All judicial proceedings other than criminal proceedings relating to an international trust must, unless ordered otherwise by the Court, be heard in camera. The decision of the Court in any proceeding may unless ordered otherwise by the Court as to the whole or any part of the decision, be published.
(4)  Notwithstanding subsection (3), a copy of every decision of the Court affecting an international trust must be provided by the Registrar of the Court to the Financial Supervisory Commission.
(5)  A trustee or an officer or employee of a trustee or trustee company may divulge or make available information relating to the establishment, constitution, business undertakings or affairs of an international trust to any person or class of persons as that trustee or officer or employee of a trustee or trustee company considers necessary from time to time, in its complete discretion, for carrying out the management and administration of the trust in the ordinary course of business, including to a legal practitioner for the purpose of obtaining legal advice relating to establishment, constitution, business undertakings or affairs of an international trust; or for the purpose of prosecuting or defending any litigation relating to the establishment, constitution, business undertakings or affairs of an international trust.

[Section 23: replaced, on 1 June 2004, by section 4 of the International Trusts Amendment Act 2004 (2004 No 7) .]