Counterfeiting Act 2021
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Amendment of section 39 of Act of 2001 | ||
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10. Section 39 of the Act of 2001 is amended— | ||
(a) in subsection (1)— | ||
(i) by the substitution of the following definition for the definition of “designated body”: | ||
“ ‘designated body’ means— | ||
(a) a credit institution, | ||
(b) within the limits of its payment activity, a payment service provider, | ||
(c) An Post, and | ||
(d) any other person engaged in the processing and distribution to the public of currency notes or coins, or both, including— | ||
(i) a person whose activity consists of exchanging currency notes and coins of different currencies, including a person or body authorised under the Central Bank Act 1997 to carry on bureau de change business, | ||
(ii) a transporter of funds, and | ||
(iii) a person who is engaged on a secondary basis in the processing and distribution to the public of currency notes via automated teller machines (ATMs), within the limit of that secondary basis;”, | ||
and | ||
(ii) by the insertion of the following definitions: | ||
“‘credit institution’ means a credit institution as defined in point (1) of Article 4(1) of Regulation (EU) No. 575/20138 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No. 648/2012; | ||
‘transporter of funds’ has the same meaning as it has in Regulation (EC) No. 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting, as amended by Council Regulation (EC) No. 44/2009 of 18 December 2008; | ||
‘payment service provider’ means a person referred to in Regulation 6(1) of the European Union (Payment Services) Regulations 2018 ( S.I. No. 6 of 2018 );”, | ||
(b) by the insertion of the following subsection after subsection (1): | ||
“(1A) A reference in this section to a note or coin does not include a reference to a note or coin that is denominated, or purports to be denominated, in euro or in cent.”, | ||
and | ||
(c) by the deletion of subsection (8). | ||