AI Summary of 35. Proceedings normally to be in private.
Except as provided, evidence to be given or a document to be produced to the Head of Financial Regulation in compliance with an evidentiary notice shall be given or produced in private. If the person appearing requests that the matter or any part be dealt with in public, the Head shall comply unless the Head considers the matter should be dealt with in private or that privacy is necessary or desirable to avoid disclosure of information of the kind referred to in section 33AK(1A) of the Act of 1942; subject to subsections (1) and (2), the Head may direct public proceedings if satisfied it is desirable in the public interest.
Where evidence or a document is to be given or produced in private, the Head may direct which persons (other than the Head or an officer or employee of the Bank) may be present and may prevent or restrict publication of all or any part of the evidence or matters contained in the document. A person other than the required attendee, the Head or a Bank officer or employee may be present only if entitled by such a direction, and contravention of a direction under subsection (4)(b) is an offence.
35. Proceedings normally to be in private.
(1) Except as provided by this section, evidence to be given, or a document to be produced, to the Head of Financial Regulation by a person who appears before the Head of Financial Regulation in compliance with an evidentiary notice shall be given or produced in private.
(2) If a person who appears before the Head of Financial Regulation in compliance with an evidentiary notice requests that the matter or any part of it be dealt with in public, the Head of Financial Regulation shall comply with the request unless -
(a) the matter raises issues that, in the opinion of the Head of Financial Regulation, should be dealt with in private, or
(b) the Head of Financial Regulation considers that it is necessary or desirable to deal with the matter or part of it in private in order to avoid the disclosure of information of the kind referred to in section 33AK(1A) of the Act of 1942.
(3) Subject to subsections (1) and (2), if the Head of Financial Regulation is satisfied that it is desirable in the public interest that the evidence to be given should be given, or the document to be produced should be produced, in public, the Head of Financial Regulation may direct accordingly.
(4) If the evidence is to be given, or the document is to be produced, in private, the Head of Financial Regulation may do either or both of the following: