S.I. No. 3/2004 - Criminal Justice Act 1994 (Section 32) (Prescribed Activities) Regulations 2004

I, MICHAEL McDOWELL, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 32 (10) (b) of the Criminal Justice Act 1994 (No. 15 of 1994) (as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 298 of 1997 )), and for the purpose of giving further effect to Directive 2001/97/EC of the European Parliament and of the Council of 4 December 2001¹ , and following consultation with the Minister for Finance, hereby make the following regulations:

1. (1) These Regulations may be cited as the Criminal Justice Act 1994 (Section 32) (Prescribed Activities) Regulations 2004.

(2) These Regulations shall come in to operation on 1 February 2004.

2. In these Regulations—

“collective investment scheme” has the meaning assigned to it by section 206 (inserted by section 105 of the Finance Act 1994 (No. 13 of 1994)) of the Finance Act 1992 (No. 9 of 1992);

“investment advice” and “investment business services” have the meanings assigned to them by section 2 of the Investment Intermediaries Act, 1995 (No. 11 of 1995);

“land” includes land situated outside the State.

3. The activities specified in the Schedule are prescribed for the purposes of section 32 (2) of the Criminal Justice Act 1994 (No. 15 of 1994).

SCHEDULE

Prescribed Activities

1. Activities relating to the carrying on of the profession or trade of—

(a) accountant (other than an accountant who provides a service in his or her capacity as an accountant to a person who employs him or her under a contract of service),

(b) auctioneer,

(c) auditor,

(d) estate agent,

(e) tax adviser.

2. Activities relating to the carrying on of the profession of solicitor consisting of—

(a) the provision of assistance in the planning or execution of transactions for clients concerning the—

(i)   buying or selling of land or business entities,

(ii)  managing of client money, securities or other assets,

(iii)  opening or management of bank, savings or securities accounts,

(iv)  organisation of contributions necessary for the creation, operation or management of companies, or

(v)  creation, operation or management of trusts, companies or similar structures, or

(b) the acting on behalf of and for a client in any financial transaction or transaction relating to land.

3. Activities consisting of—

(a) the provision of services to a person in connection with the purchase or sale of land where payment for the land concerned is in cash and is not less than €13,000,

(b) the provision of investment business services or investment advice,

(c) the carrying out of trustee or custodian duties for a collective investment scheme, or

(d) the provision of money remittance services.

4. Activities of administration companies consisting of the provision of services to collective investment schemes.

5. Activities of dealers in high value goods, including precious stones, precious metals and works of art where payment for the goods concerned is in cash and is not less than €15,000.

6. Activity of operating a casino.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe activities under Section 32 (10)(b) of the Criminal Justice Act 1994 which apply to the designated bodies referred to in the Criminal Justice Act 1994 (Section 32) Regulations 2003 ( S.I. No. 242 of 2003 ).

⁽¹⁾ O.J. No. L.344 of 28/12/2001 p. 76