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Central Bank Reform Act 2010

SCHEDULE 3

Amendments of statutory instruments

Section 16 .

PART 1

Amendments of Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) Regulations 2004

Section 16 (1).

Item

Provision affected

Amendment

1

Schedule, item 257

Delete the item, substitute:

“257.

Central Bank of Ireland

Member of the Central Bank Commission

”

2

Schedule, item 271

Delete the item.

PART 2

Amendments of European Communities (Consumer Credit Agreements) Regulations 2010

Section 16 (2).

Item

Provision affected

Amendment

1

Regulation 25(5)

Delete “and Financial Services Authority”.

2

Regulation 26

Delete “Irish Financial Services Regulatory Authority”, substitute “Central Bank of Ireland”.

PART 3

Amendments of European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2006

Section 16 (3).

Item

Provision affected

Amendment

1

Regulation 2(1), definition of “Irish Financial Services Regulatory Authority”

Delete.

2

Schedule, item 3

Delete “Irish Financial Services Regulatory Authority”, substitute “Central Bank of Ireland”.

3

Schedule, item 13

Delete “Irish Financial Services Regulatory Authority”, substitute “Central Bank of Ireland”.

PART 4

Amendments of European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2003

Section 16 (4).

Item

Provision affected

Amendment

1

Regulation 2(1), definition of “Bank”

Delete “and Financial Services Authority”.

2

Regulation 98(8), definition of “qualified person”, paragraph (a)

Substitute:

“(a) a member of the Central Bank Commission or an officer or employee of the Bank, or”.

3

Regulation 98(8), definition of “responsible authority”

Substitute:

“ ‘ responsible authority ’ means the Governor of the Bank or the Head of Financial Regulation of the Bank;”.

PART 5

Amendments of Market Abuse (Directive 2003/6/EC) Regulations 2005

Section 16 (5).

Item

Provision affected

Amendment

1

Regulation 2(1) (definition of “Bank”)

Delete “and Financial Services Authority”.

2

Regulation 27, definition of “responsible authority”

Substitute:

“ ‘ responsible authority ’ means—

(a) the Head of Financial Regulation of the Central Bank of Ireland, or

(b) any person to whom the Head of Financial Regulation has delegated responsibility for appointing authorised officers.”.

3

Regulation 28(4)(d)

Delete “Irish Financial Services Regulatory Authority”, substitute “Central Bank of Ireland”.

PART 6

Amendments of Prospectus (Directive 2003/71/EC) Regulations 2005

Section 16 (6).

Item

Provision affected

Amendment

1

Regulation 80, definition of “responsible authority”

Substitute:

“ ‘ responsible authority ’ means—

(a) the Head of Financial Regulation of the Central Bank of Ireland, or

(b) any person to whom the Head of Financial Regulation has delegated responsibility for appointing authorised officers.”.

2

Regulation 85(4)(d)

Delete “Irish Financial Services Regulatory Authority”, substitute “Central Bank of Ireland”.

PART 7

Amendment of Transparency (Directive 2004/109/EC) Regulations 2007

Section 16 (7).

Item

Provision affected

Amendment

1

Regulation 38, definition of “responsible authority”

Substitute:

“ ‘ responsible authority ’ means:

(a) the Head of Financial Regulation of the Central Bank of Ireland,

(b) the Chief Executive of IAASA, or

(c) any person to whom that Head or that Chief Executive has delegated the responsibility for appointing authorised persons.”.

PART 8

Provisions of statutory instruments amended by substituting “Central Bank of Ireland” for “Central Bank and Financial Services Authority of Ireland”

Section 16 (11).

1. European Communities (Non-Life Insurance) Regulations 1976 ( S.I. No. 115 of 1976 ), Regulation 2(1) (definition of “Bank”)

2. European Communities (Insurance Agents and Brokers) Regulations 1978 ( S.I. No. 178 of 1978 ), Regulation 2(1) (definition of “ Bank ”)

3. European Communities (Co-Insurance) Regulations 1983 ( S.I. No. 65 of 1983 ), Regulation 2 (definition of “Bank”)

4. European Communities (Life Assurance) Regulations 1984 ( S.I. No. 57 of 1984 ), Regulation 2(1) (definition of “Bank”)

5. European Communities (Non-Life Insurance) (Amendment) (No. 2) Regulations 1991 ( S.I. No. 142 of 1991 ), Regulation 2 (definition of “Bank”)

6. European Communities (Non-Life Insurance) (Legal Expenses) Regulations 1991 ( S.I. No. 197 of 1991 ), Regulation 2 (definition of “ Bank ”)

7. European Communities (Credit Institutions: Accounts) Regulations 1992 ( S.I. No. 294 of 1992 ), Regulation 2(1) (definition of “Bank”)

8. European Communities (Licensing and Supervision of Credit Institutions) Regulations 1992 ( S.I. No. 395 of 1992 ), Regulation 2(1) (definition of “Bank”)

9. European Communities (Non-Life Insurance) Framework Regulations 1994 ( S.I. No. 359 of 1994 ), Regulation 2(1) (definition of “Bank”)

10. European Communities (Life Assurance) Framework Regulations 1994 ( S.I. No. 360 of 1994 ), Regulation 2(1) (definition of “Bank”)

11. European Communities (Deposit Guarantee Schemes) Regulations 1995 ( S.I. No. 168 of 1995 ), Regulation 3(1) (definition of “Bank”)

12. European Communities (Non-Life Insurance Accounts) Regulations 1995 ( S.I. No. 202 of 1995 ), Regulation 2 (definition of “Bank”)

13. European Communities (Insurance Undertakings: Accounts) Regulations 1996 ( S.I. No. 23 of 1996 ), Regulation 2(1) (definition of “Bank”)

14. European Communities (Electronic Money) Regulations 2002 ( S.I. No. 221 of 2002 ), Regulation 2(1) (definition of “Bank”)

15. European Communities (Cross Border Payments in Euro) Regulations 2002 ( S.I. No. 335 of 2002 ), Regulation 2(1) (definition of “ Bank ”)

16. European Communities (Distance Marketing of Consumer Financial Services) Regulations 2004 ( S.I. No. 853 of 2004 ), Regulation 3(1) (definition of “the Bank”)

17. European Communities (Financial Conglomerates) Regulations 2004 ( S.I. No. 727 of 2004 ), Regulation 3(1) (definition of “the Bank”)

18. Central Bank Act 1942 (Sections 33J and 33K) Regulations 2004 ( S.I. No. 447 of 2004 ), Regulation 2 (definition of “ Bank ”)

19. European Communities (Reorganisation and Winding-up of Credit Institutions) Regulations 2004 ( S.I. No. 198 of 2004 ), Regulation 2(1) (definition of “ Bank ”)

20. European Communities (Insurance Mediation) Regulations 2005 ( S.I. No. 13 of 2005 ), regulation 3(1) (definition of “ the Bank ”)

21. Prospectus (Directive 2003/71/EC) Regulations 2005 ( S.I. No. 324 of 2005 ), Regulation 2(1) (definition of “ Bank ”)

22. Central Bank Act 1942 (Section 33K) Regulations 2005 ( S.I. No. 325 of 2005 ), Regulation 2 (definition of “Bank”)

23. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2006 ( S.I. No. 221 of 2006 ), Regulation 2(1) (definition of “Central Bank”)

24. European Communities (Award of Public Authorities’ Contracts) Regulations 2006 ( S.I. No. 329 of 2006 ), Regulation 13(1)

25. European Communities (Reinsurance) Regulations 2006 ( S.I. No. 380 of 2006 ), Regulation 3(1) (definition of “Bank”)

26. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Usama Bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations 2006 ( S.I. No. 432 of 2006 ), Regulation 2(1) (definition of “Central Bank”)

27. European Communities (Capital Adequacy of Investment Firms) Regulations 2006 ( S.I. No. 660 of 2006 ), Regulation 2(1) (definition of “Bank”)

28. European Communities (Capital Adequacy of Credit Institutions) Regulations 2006 ( S.I. No. 661 of 2006 ), Regulation 2(1) (definition of “Bank”)

29. European Communities (Award of Contracts by Utility Undertakings) Regulations 2007 ( S.I. No. 50 of 2007 ), Regulation 20(1)(e)

30. European Communities (Markets in Financial Instruments) Regulations 2007 ( S.I. No. 60 of 2007 ), Regulation 3(1) (definition of “ Bank ”)

31. Credit Union Act 1997 (Exemption From Additional Services Requirements) Regulations 2007 ( S.I. No. 107 of 2007 ), Regulation 2(1) (definition of “ Central Bank”)

32. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Usama Bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations 2007 ( S.I. No. 206 of 2007 ), Regulation 2(1) (definition of “ Central Bank”)

33. European Communities (Admissions to Listing and Miscellaneous Provisions) Regulations 2007 ( S.I. No. 286 of 2007 ), Regulation 2(1) (definition of “ Central Bank ”)

34. European Communities (Insurance and Reinsurance Groups Supplementary Supervision) Regulations 2007 ( S.I. No. 366 of 2007 ), Regulation 3(1) (definition of “ Bank ”)

35. National Oil Reserves Agency Act 2007 (Returns and Levy) Regulations 2007 ( S.I. No. 567 of 2007 ), Schedule 1 (twice occurring)

36. European Communities (Information on the Payer Accompanying Transfers of Funds) Regulations 2007 ( S.I. No. 799 of 2007 ), Regulation 2(1) (definition of “ Bank ”)

37. Private Security (Licensing and Standards) (Cash in Transit) Regulations 2007 ( S.I. No. 857 of 2007 ), Regulation 3 (definition of “ Central Bank ”)

38. European Communities (Settlement Finality) Regulations 2008 ( S.I. No. 88 of 2008 ), Regulation 2(1) (definition of “ Bank”)

39. Central Bank and Financial Services Authority of Ireland Superannuation Scheme 2008 ( S.I. No. 99 of 2008 ), Rule 3(1) (definition of “ Bank”)

40. European Communities (Cross-Border Mergers) Regulations 2008 ( S.I. No. 157 of 2008 ), Regulation 16(7)

41. European Communities (Payment Services) Regulations 2009 ( S.I. No. 383 of 2009 ), Regulation 3(1) (definition of “ Bank ”)

42. European Communities (Credit Institutions) (Consolidated Supervision) Regulations 2009 ( S.I. No. 475 of 2009 ), Regulation 3(1) (definition of “ Bank ”)

43. National Asset Management Agency (Determination of Long-term Economic Value of Property and Bank Assets) Regulations 2010 ( S.I. No. 88 of 2010 ), Regulation 5(2)(c)

44. European Communities (Republic of Guinea) (Financial Sanctions) Regulations 2010 ( S.I. No. 221 of 2010 ), Regulation 5

45. Financial Transfers (Republic of Guinea) (Prohibition) Order 2010 ( S.I. No. 222 of 2010 ), Article 5

46. European Communities (Slobodan Milosevic and Associated Persons) (Financial Sanctions) Regulations 2010 ( S.I. No. 224 of 2010 ), Regulation 5

47. Financial Transfers (Slobodan Milosevic and Associated Persons) (Prohibition) Order 2010 ( S.I. No. 225 of 2010 ), Article 5

48. European Communities (Credit Rating Agencies) Regulations 2010 ( S.I. No. 247 of 2010 ), Regulation 3(1) (definition of “Bank”).