| |
|
| |
|
| |
Number 26 of 2013
|
| |
|
| |
CENTRAL BANK (SUPERVISION AND ENFORCEMENT) ACT 2013
|
| |
|
| |
ARRANGEMENT OF SECTIONS
|
| |
PART 1
|
| |
Preliminary
|
| |
Section
|
| |
1. Short title, collective citation and construction.
|
| |
2. Commencement.
|
| |
3. Interpretation.
|
| |
4. Repeals and revocations.
|
| |
5. Amendments.
|
| |
6. Savings and transitional provisions.
|
| |
PART 2
|
| |
Provision of Report to Bank
|
| |
7. Definitions (Part 2).
|
| |
8. Persons to whom this Part applies.
|
| |
9. Giving of notice to reviewee to provide a report.
|
| |
10. Matters to which Bank shall have regard before giving notice under section 9.
|
| |
11. The reviewer.
|
| |
12. Contract with reviewer.
|
| |
13. Cost of report.
|
| |
14. Assisting the reviewer.
|
| |
15. Duty of reviewee to ensure performance of reviewer’s functions.
|
| |
16. Reviewer to provide explanation to the Bank.
|
| |
17. Bank not bound by report nor liable for it.
|
| |
18. Offence of providing false information to a reviewer.
|
| |
19. Bank may apply to High Court for an order.
|
| |
20. Guidelines for reviewees and reviewers.
|
| |
PART 3
|
| |
Information, etc.
|
| |
Chapter 1
|
| |
Introductory
|
| |
21. Persons to whom this Part applies.
|
| |
Chapter 2
|
| |
Bank’s power to gather information, etc.
|
| |
22. Power of Bank to require information, records, plans, etc.
|
| |
23. Form of information, etc.
|
| |
Chapter 3
|
| |
Authorised officers
|
| |
24. Appointment of authorised officers.
|
| |
25. Warrant of appointment.
|
| |
26. Power of authorised officer to enter premises.
|
| |
27. Powers of authorised officer.
|
| |
28. Warrant required to enter premises.
|
| |
29. Authorised officer may attend meetings.
|
| |
Chapter 4
|
| |
Supplementary
|
| |
30. Provision of information, record or other document not to be treated as breach or to affect lien.
|
| |
31. Failure to comply with a requirement.
|
| |
32. Offence.
|
| |
33. Privileged legal material.
|
| |
34. Use of information.
|
| |
PART 4
|
| |
Auditor Assurance
|
| |
35. Amendment of Central Bank Act 1997.
|
| |
36. Amendment of section 27G of Central Bank Act 1997.
|
| |
PART 5
|
| |
Protection for Persons Reporting Breaches
|
| |
37. Definitions (Part 5).
|
| |
38. Protected disclosure.
|
| |
39. Guidelines for persons referred to in section 38(2)(a).
|
| |
40. Protection from civil liability of persons who have made a protected disclosure.
|
| |
41. Protection of employees from penalisation for making a protected disclosure.
|
| |
42. Tortious liability of person for victimisation.
|
| |
PART 6
|
| |
Customer Protection
|
| |
43. Bank’s power to direct redress for customers.
|
| |
44. Actions for damages.
|
| |
PART 7
|
| |
Bank’s Power to Give Directions
|
| |
45. Bank’s power to give directions.
|
| |
46. Prior approval of High Court for certain proceedings.
|
| |
47. Bank may apply to High Court for orders enforcing directions.
|
| |
PART 8
|
| |
Bank’s Power to Make Regulations
|
| |
48. Bank’s power to make regulations.
|
| |
49. Consultation before making regulations.
|
| |
50. Matters to which Bank to have regard when making regulations.
|
| |
51. Supplementary provisions relating to regulations.
|
| |
PART 9
|
| |
Enforcement
|
| |
52. High Court enforcement orders on application by Bank.
|
| |
53. Notices to the public.
|
| |
54. Restitution orders.
|
| |
55. Prosecution of offences.
|
| |
56. Copies of documents for juries.
|
| |
57. Convicted person liable for costs and expenses of investigation and proceedings.
|
| |
58. Limitation of liability.
|
| |
PART 10
|
| |
Extension of Part V of Central Bank Act 1997 to Debt Management Firms, etc.
|
| |
59. Amendment of section 28 of Central Bank Act 1997.
|
| |
60. Amendment of section 31 of Central Bank Act 1997.
|
| |
61. Amendment of section 31A of Central Bank Act 1997.
|
| |
62. Amendment of section 32A of Central Bank Act 1997.
|
| |
63. Amendment of section 33A of Central Bank Act 1997.
|
| |
64. Transitional provision for existing debt management firms.
|
| |
65. Amendment of section 36 of Central Bank Act 1997.
|
| |
66. Amendment of section 36A of Central Bank Act 1997.
|
| |
PART 11
|
| |
Amendments to Part IIIC of Act of 1942
|
| |
67. Amendment of section 33AO of Act of 1942.
|
| |
68. Amendment of section 33AQ of Act of 1942.
|
| |
69. Amendment of section 33AV of Act of 1942.
|
| |
70. Amendment of section 33BA of Act of 1942.
|
| |
71. Amendment of section 33BC of Act of 1942.
|
| |
PART 12
|
| |
Other Amendments to Financial Services Legislation
|
| |
72. Ombudsman’s report to include information about complaints.
|
| |
73. Third country branches.
|
| |
74. Amendment of section 76 of Central Bank Act 1989.
|
| |
75. Amendment of section 43 of Investment Intermediaries Act 1995.
|
| |
76. Amendment of section 30 of Consumer Credit Act 1995.
|
| |
77. Amendment of section 45 of Consumer Credit Act 1995.
|
| |
78. Amendment of section 149 of Consumer Credit Act 1995.
|
| |
79. Amendment of section 27 of Central Bank Act 1997.
|
| |
80. Amendments of Investor Compensation Act 1998.
|
| |
81. Amendment of Financial Services (Deposit Guarantee Scheme) Act 2009.
|
| |
82. Amendment of Central Bank and Credit Institutions (Resolution) Act 2011.
|
| |
PART 13
|
| |
Miscellaneous
|
| |
83. Amendment of section 1 of Insurance Act 1964.
|
| |
84. Amendment of section 6 of Insurance Act 1964.
|
| |
85. Amendment of section 4 of Landlord and Tenant Act (Ground Rents) (No. 2) Act 1978.
|
| |
86. Amendment of section 4 of Landlord and Tenant (Amendment) Act 1980.
|
| |
87. Amendment of section 3 of Companies (Amendment) Act 1990.
|
| |
88. Disclosure to Bank of tax information about qualifying companies and FVCs.
|
| |
89. Amendment of section 11 of Electronic Commerce Act 2000.
|
| |
90. Amendment of Planning and Development Act 2000.
|
| |
91. Amendment of section 56 of Personal Injuries Assessment Board Act 2003.
|
| |
92. Amendment of Credit Institutions (Financial Support) Act 2008.
|
| |
93. Amendment of section 38 of Credit Institutions (Stabilisation) Act 2010.
|
| |
94. Amendment of section 6 of Irish Bank Resolution Corporation Act 2013.
|
| |
SCHEDULE 1
|
| |
Repeals and Revocations
|
| |
PART 1
|
| |
Repeals
|
| |
PART 2
|
| |
Revocations
|
| |
SCHEDULE 2
|
| |
Amendments of Central Bank Acts
|
| |
PART 1
|
| |
Amendments of Central Bank Act 1942
|
| |
PART 2
|
| |
Amendments of Central Bank Act 1971
|
| |
PART 3
|
| |
Amendment of Central Bank Act 1997
|
| |
PART 4
|
| |
Amendments of Central Bank Reform Act 2010
|
| |
PART 5
|
| |
Amendments of Central Bank and Credit Institutions (Resolution) Act 2011
|
| |
SCHEDULE 3
|
| |
Amendments of Certain other Acts
|
| |
PART 1
|
| |
Amendments of Investment Intermediaries Act 1995
|
| |
PART 2
|
| |
Amendments of Credit Union Act 1997
|
| |
PART 3
|
| |
Amendments of Investor Compensation Act 1998
|
| |
PART 4
|
| |
Amendment of Financial Services (Deposit Guarantee Scheme) Act 2009
|
| |
SCHEDULE 4
|
| |
Amendments of Certain Statutory Instruments
|
| |
PART 1
|
| |
Amendments of European Communities (Markets in Financial Instruments) Regulations 2007
|
| |
PART 2
|
| |
Amendments of European Communities (Insurance and Reinsurance Groups Supplementary Supervision) Regulations 2007
|
| |
PART 3
|
| |
Amendments of European Communities (Information on the Payer Accompanying Transfers of Funds) Regulations 2007
|
| |
PART 4
|
| |
Amendment of European Communities (Reorganisation and Winding-up of Credit Institutions) Regulations 2011
|
| |
SCHEDULE 5
|
| |
Redress for Contravention of
section 41
(1)
|
| |
|
| |
Acts Referred to
|
| | |
Asset Covered Securities Act 2001
|
2001, No. 47
|
|
Bankers’ Books Evidence Act 1879
|
42 & 43. Vict., c. 11
|
|
Bankruptcy Act 1988
|
1988, No. 27
|
|
Building Societies Act 1989
|
1989, No. 17
|
|
Central Bank Act 1942
|
1942, No. 22
|
|
Central Bank Act 1971
|
1971, No. 24
|
|
Central Bank Act 1989
|
1989, No. 16
|
|
Central Bank Act 1997
|
1997, No. 8
|
|
Central Bank Acts 1942 to 2012
|
|
Central Bank and Credit Institutions (Resolutions) Act 2011
|
2011, No. 27
|
|
Central Bank Reform Act 2010
|
2010, No. 23
|
|
Charities Act 2009
|
2009, No. 6
|
|
Companies Act 1963
|
1963, No. 33
|
|
Companies Act 1990
|
1990, No. 33
|
|
Companies (Amendment) Act 1990
|
1990, No. 27
|
|
Consumer Credit Act 1995
|
1995, No. 24
|
|
Consumer Protection Act 2007
|
2007, No. 19
|
|
Credit Institutions (Financial Support) Act 2008
|
2008, No. 18
|
|
Credit Institutions (Stabilisation) Act 2010
|
2010, No. 36
|
|
Credit Union Act 1997
|
1997, No. 15
|
|
Credit Union and Co-operation with Overseas Regulators Act 2012
|
2012, No. 40
|
|
Criminal Justice (Terrorist Offences) Act 2005
|
2005, No. 2
|
|
Debtors (Ireland) Act 1840
|
3 & 4 Vict., c. 105
|
|
Dormant Accounts Act 2001
|
2001, No. 32
|
|
Electronic Commerce Act 2000
|
2000, No. 27
|
|
European Communities (Amendment) Act 1993
|
1993, No. 25
|
|
Financial Services (Deposit Guarantee Scheme) Act 2009
|
2009, No. 13
|
|
Financial Transfers Act 1992
|
1992, No. 27
|
|
Insurance (No. 2) Act 1983
|
1983, No. 29
|
|
Insurance Act 1964
|
1964, No. 18
|
|
Insurance Act 1989
|
1989, No. 3
|
|
Investment Funds, Companies and Miscellaneous Provisions Act 2005
|
2005, No. 12
|
|
Investment Intermediaries Act 1995
|
1995, No. 11
|
|
Investment Limited Partnerships Act 1994
|
1994, No. 24
|
|
Investor Compensation Act 1998
|
1998, No. 37
|
|
Irish Bank Resolution Corporation Act 2013
|
2013, No. 2
|
|
Landlord and Tenant (Amendment) Act 1980
|
1980, No. 10
|
|
Landlord and Tenant (Ground Rents) Act 1967
|
1967, No. 3
|
|
Landlord and Tenant (Ground Rents) (No. 2) Act 1978
|
1978, No. 16
|
|
Personal Injuries Assessment Board Act 2003
|
2003, No. 46
|
|
Personal Insolvency Act 2012
|
2012, No. 44
|
|
Petty Sessions (Ireland) Act 1851
|
14 & 15. Vict., c. 93
|
|
Planning and Development Act 2000
|
2000, No. 30
|
|
Protection of Employees (Employers’ Insolvency) Act 1984
|
1984, No. 21
|
|
Protection of Employees (Fixed-Term Work) Act 2003
|
2003, No. 29
|
|
Succession Act 1965
|
1965, No. 27
|
|
Taxes Consolidation Act 1997
|
1997, No. 39
|
|
Trustee Savings Banks Act 1989
|
1989, No. 21
|
|
Unclaimed Life Assurance Policies Act 2003
|
2003, No. 2
|
|
Unfair Dismissals Act 1977
|
1977, No. 10
|
|
Unfair Dismissals Acts 1977 to 2007
|
|
Unit Trusts Act 1990
|
1990, No. 37
|
|
| |
|
| |
|
| |
Number 26 of 2013
|
| |
|
| |
CENTRAL BANK (SUPERVISION AND ENFORCEMENT) ACT 2013
|
| |
|
| |
AN ACT TO FURTHER PROVIDE FOR THE REGULATION AND SUPERVISION OF FINANCIAL SERVICE PROVIDERS AND FINANCIAL SERVICES; TO FURTHER PROVIDE FOR THE ENFORCEMENT OF FINANCIAL SERVICES LEGISLATION; TO PROVIDE FOR THE PROTECTION OF PERSONS REPORTING BREACHES; FOR THOSE AND OTHER PURPOSES TO PROVIDE FOR AMENDMENTS TO, AND TO FURTHER AMEND AND EXTEND, THE CENTRAL BANK ACTS 1942 TO 2012 AND CERTAIN OTHER ACTS AND STATUTORY INSTRUMENTS, AND TO PROVIDE FOR RELATED MATTERS.
|
| |
[11th July, 2013]
|
| |
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
|
