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Administrative cooperation on regulatory matters
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23. (1) The Regulator shall, in so far as is consistent with the proper performance of its functions, endeavour to secure administrative cooperation between the Regulator and relevant regulators and, for that purpose, may enter into one or more than one arrangement (whether in the form of a memorandum of understanding or otherwise) from time to time with one or more of those relevant regulators for the purposes of—
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(a) facilitating administrative cooperation between the Regulator and relevant regulators in the performance of their respective functions in so far as they relate to the regulation of AHBs,
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(b) avoiding duplication of activities by the Regulator and any relevant regulator, or
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(c) ensuring, as far as practicable, consistency between decisions made or measures taken by the Regulator and relevant regulators in so far as any part of those decisions or measures consists of, or relates to, a determination of any matters concerning the regulation of AHBs.
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(2) The parties to an arrangement under this section may vary the terms of the arrangement.
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(3) An arrangement under this section, or any variation of such an arrangement, shall be in writing.
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(4) An arrangement under this section shall not operate to bind the Regulator or a relevant regulator.
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(5) The Regulator shall provide the Minister and any relevant Minister in relation to a relevant regulator concerned with a copy of each arrangement under this section and any variation thereof.
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(6) (a) An arrangement under this section shall not operate to require the Regulator to provide information to any relevant regulator if the disclosure of that information by the Regulator is prohibited by law.
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(b) An arrangement under this section shall not operate to require a relevant regulator to provide information to the Regulator if the disclosure of that information by the relevant regulator is prohibited by law.
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(7) In this section—
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“relevant Minister” means, in relation to a relevant regulator, any Minister of the Government who performs functions in relation to the relevant regulator;
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“relevant regulator” means—
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(a) the Charities Regulatory Authority,
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(b) the Director of Corporate Enforcement,
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(c) the Registrar of Companies,
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(d) the Registrar of Friendly Societies,
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(e) the Residential Tenancies Board,
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(f) the Health Information and Quality Authority, or
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(g) any other body, or holder of an office, in whom functions are vested—
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(i) relating to the regulation of activities or persons for purposes other than the purposes of this Act (where the body or office is established by or under an enactment and is prescribed by order of the Minister for the purposes of this section), or
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(ii) under the law of a state (other than the State) relating to the regulation of activities or persons in that state for any purpose (where the body or office is prescribed by order of the Minister for the purposes of this section).
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(8) The Minister may, by order, prescribe a body or office referred to in subsection (7)(g)(i) or (ii), as the case may be, for the purposes of this section.
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(9) An order made under subsection (8) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
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