Cap. 403 Art. 29Power of the competent authoritytorequire information.

(1) Without prejudice to anything contained in any other provision of this Act which requires an authorised insurance or reinsurance undertaking to furnish to the competent authority any information or documentation, the competent authority may, by notice in writing,require any such undertaking or any person who is or was carrying out business of insurance, or who appears to be or have been carrying on business of insurance, or who appears to be in possession of any relevant information and, or documentation to do all or any of the following:

(a) to furnish to it, at such time and place and in such form as it may specify, such information and documentation as it may require including existing telephone and existing data traffic records, with respect to the business such undertaking is authorised to carry on; or with respect to any person with whom the undertaking has close links;

(b) to furnish to it any information or documentation aforesaid verified in such manner and in such language, as it may specify;

(c) to attend before it, or before a person appointed by it, at such time and place as it may specify, to answer questions and provide information and documentation with respect to any such business as aforesaid.

(2) The competent authority may take copies of any documents furnished or provided under this article or extracts from them.

(3) Where an authorised insurance or reinsurance undertaking required to provide information or documentation under this article does not have the relevant information or documentation, it shall disclose to the competent authority where, to the best of its knowledge, that information or documentation is, and the competent authority may require any person, including a person to which the undertaking has outsourced any activities or functions, whether indicated as aforesaid or not, who appears to it to be in possession of that information or documen-tation, to provide it.

(4) A statement made and documentation provided in pursuance of any requirement under this article may be used in evidence against the person making the statement or providing the documentation as well as against any person to whom they relate.

(5) The provisions of this article shall not apply to information or documentation which is privileged in accordance with the provisions of article 642 of the Criminal Code.

(6) The power to require the production of documentation under the provisions of this article shall be without prejudice to any lien or charge claimed by any person in relation to such documentation.

(7) Where the competent authority has appointed a person under sub-article (1)(c), such person shall, for the purposes of carrying out his functions under his appointment, have all the powers conferred on the competent authority by this article and a requirement made by him shall be deemed to be and have the same force and effect as a requirement of the competent authority.

(8) Without prejudice to the other provisions of this article, an authorised insurance or reinsurance undertaking may be required by the competent authority to submit to the Central Bank of Malta such information as the Bank may reasonably require for the discharge of its duties under the Central Bank of Malta Act.