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SCHEDULE 4
Amendments of Certain Statutory Instruments
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Section 5
.
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PART 1
Amendments of European Communities (Markets in Financial Instruments) Regulations 2007
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Section 5
(3).
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(
S.I. No. 60 of 2007
)
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Item
(1)
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Provision affected
(2)
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Amendment
(3)
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1
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Regulation 3(1)
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In the definition of “authorised officer” substitute “Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “Part 5 of the
Central Bank Reform Act 2010
”.
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2
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Regulation 6(7)
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Substitute “Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “Part 5 of the
Central Bank Reform Act 2010
”.
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3
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Regulation 14(1)(b)
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Substitute “Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “Part 5 of the
Central Bank Reform Act 2010
”.
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4
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Regulation 147(1)(g)(ii)
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Substitute “Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “Part 5 of the
Central Bank Reform Act 2010
”.
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PART 2
Amendments of European Communities (Insurance and Reinsurance Groups Supplementary Supervision) Regulations 2007
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Section 5
(3).
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(
S.I. No. 366 of 2007
)
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Item
(1)
|
Provision affected
(2)
|
Amendment
(3)
|
|
1
|
Regulation 3(1)
|
In the definition of “authorised officer” substitute “Part 3 of the Central Bank (Supervision and Enforcement) Bill 2013” for “Part 5 of the
Central Bank Reform Act 2010
”.
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|
2
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Regulation 9(7)
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Substitute “under Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “under Part 5 of the
Central Bank Reform Act 2010
”.
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PART 3
Amendments of European Communities (Information on the Payer Accompanying Transfers of Funds) Regulations 2007
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Section 5
(3).
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Item
(1)
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Provision affected
(2)
|
Amendment
(3)
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|
1
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Regulation 1
|
Insert the following definition:
“ ‘authorised officer’ means an authorised officer appointed under Part 3 of the Central Bank (Supervision and Enforcement) Act 2013;”.
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2
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Regulation 4
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Substitute the following for Regulation 4:
“4. For the purpose of ensuring compliance with the Parliament and Council Regulation, an authorised officer may exercise any of the powers conferred on him or her under Part 3 of the Central Bank (Supervision and Enforcement) Act 2013.”.
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PART 4
Amendment of European Communities (Reorganisation and Winding-up of Credit Institutions) Regulations 2011
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Section 5
(3)
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(
S.I. No. 48 of 2011
)
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Item
(1)
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Provision affected
(2)
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Amendment
(3)
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1
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Regulation 2(2)
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Insert the following subparagraph after subparagraph (x):
“(xi) a direction given by the Bank under Part 7 of the Central Bank (Supervision and Enforcement) Act 2013 that contains a declaration that it or part of it is made with the intention of preserving or restoring the financial position of a credit institution, where the direction is capable of affecting the rights of third parties existing before the direction comes into effect.”.
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