Central Bank and Financial Services Authority of Ireland Act 2003

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“Interpretation.

2.—(1) In this Act, unless the context otherwise requires—

‘Appeals Tribunal’ means the Irish Financial

Services Appeals Tribunal established by section 57C;

‘appointed Director’ means a Director referred to in section 18B(1)(f);

‘approved stock exchange’ means a stock exchange approved under section 9 of the Stock Exchange Act 1995 ;

‘Bank’ means the Central Bank and Financial Services Authority of Ireland;

‘Board’ means the Board of Directors of the Bank;

‘Central Bank Acts’ means the Central Bank Acts 1942 to 1998 and includes any later Act that is to be construed as one with those or any of those Acts;

‘Chief Executive’ means the person holding office or acting as Chief Executive of the Regulatory Authority;

‘consolidated bank note’ has the same meaning as in the Currency Act 1927 ;

‘constituent part’, in relation to the Bank, means the Regulatory Authority, or any division, branch or office that forms part of the Bank, and includes any committee of the Board of the Bank;

‘Consumer Director’ means the person holding office or acting as Consumer Director of the Regulatory Authority;

‘credit union’ has the meaning given by the Credit Union Act 1997 ;

‘ Currency Act 1927 ’ means that Act as adapted in consequence of the Constitution;

‘designated enactments’ means the enactments specified in Part 1 of Schedule 2;

‘designated statutory instruments’ means the statutory instruments specified in Part 2 of Schedule 2;

‘Director’ means a Director of the Bank;

‘employee’, in relation to the Bank, includes the Secretary to the Bank;

‘enactment’ includes any instrument made under an enactment;

‘ESCB Statute’ means the Statute of the European System of Central Banks and of the European Central Bank as set out in Protocol (No. 3) (annexed by the Treaty on European Union done at Maastricht on February 1992) to the Rome Treaty;

‘financial futures and options exchange’ has the meaning given by section 97 of the Central Bank Act 1989 ;

‘financial services’ include financial products;

‘financial year’ means a period of 12 months ending on 31 December or, if the Minister, by order notified in Iris Oifigiúil, has prescribed a different period for the purposes of this Act, that other period;

‘function’ includes duty;

‘general fund’ means the general fund kept by the Bank under section 6G;

‘Governor’ means the person holding office as the Governor of the Bank, and includes—

(a) any person appointed to act as Governor in accordance with section 22, and

(b) the Director General of the Bank when carrying out responsibilities of the Governor in accordance with section 22A;

‘law’ includes the Rome Treaty and the ESCB Statute;

‘local authority’ means a local authority for the purposes of the Local Government Act 2001 ;

‘Minister’ means the Minister for Finance;

‘officer’, in relation to the Regulatory Authority, means the Chief Executive, the Consumer Director or the Registrar of Credit Unions;

‘official Director’ means a person who is a Director by virtue of being the holder of a specified office, and includes the Governor;

‘power’ includes right and privilege;

‘record’ means any record of information, however compiled, recorded or stored, and includes—

(a) any book, a register and any other document containing information, and

(b) any disc, tape or other article from which information is capable of being produced in any form capable of being reproduced visually or aurally;

‘the regulations’ means regulations made by the Minister under section 61A and in force under this Act;

‘Regulatory Authority’ means the Irish Financial Services Regulatory Authority established by section 33B;

‘Rome Treaty’ means the Treaty establishing the European Community done at Rome on 25 March 1957, as amended by the Treaty on European Union done at Maastricht on 7 February 1992.

(2) In this Act—

(a) a reference to an enactment is, unless the context otherwise requires, a reference to that enactment as amended or extended by or under any subsequent enactment (including this Act), and

(b) a reference to a section is a reference to a section of this Act unless it is indicated that a reference to some other enactment is intended, and

(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(3) A function or responsibility imposed, or a power conferred, on a person by a provision of this Act is not to be taken to be limited merely by implication from another provision, whether of this or any other Act, that imposes a function or responsibility, or confers a power, on that person.”.