icon-grid
Better Regulation logo
Table of Contents

Table of Contents

Expand all headings Collapse all headings Expand side bar Collapse side bar
Central Bank (Supervision and Enforcement) Act 2013 (No. 26)Introductory TextActs Referred toPart 1 Preliminary (ss. 1-6)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 (ss. 7-20)7. Interpretation (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. (ss. 21-34)Chapter 1 Introductory (s. 21)21. Persons to whom this Part applies.Chapter 2 Bank's power to gather information, etc. (ss. 22-23)22. Power of Bank to require information, records, plans, etc.23. Form of information, etc.Chapter 3 Authorised officers (ss. 24-29)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 (ss. 30-34)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 3A Voluntary disclosure of privileged legal material (ss. 34A-34B)34A. Voluntary disclosure of privileged legal material34B. Determination by court as to whether legal professional privilege appliesPart 4 Auditor Assurance (ss. 35-36)35. Amendment of Central Bank Act 1997.36. Amendment of section 27G of Central Bank Act 1997.Part 5 Protection for Persons Reporting Breaches (ss. 37-42)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 (ss. 43-44)43. Bank's power to direct redress for customers.44. Actions for damages.Part 7 Bank's Power to Give Directions (ss. 45-47A)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.47A. Financial holding companies and mixed financial holding companies.Part 8 Bank's Power to Make Regulations (ss. 48-51)48. Bank's power to make regulations.49. Consultation before making regulations.50. Matters to which Bank to have regard when making regulations.Draft 50A. Assessment of costs and benefits of regulationsDraft 50A51. Supplementary provisions relating to regulations.Part 9 Enforcement (ss. 52-58)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. (ss. 59-66)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 (ss. 67-71)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 (ss. 72-82)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 (ss. 83-94)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 RevocationsSchedule 1, Part 1 RepealsSchedule 1, Part 2 RevocationsSchedule 2 Amendments of Central Bank ActsSchedule 2, Part 1 Amendments of Central Bank Act 1942Schedule 2, Part 2 Amendments of Central Bank Act 1971Schedule 2, Part 3 Amendment of Central Bank Act 1997Schedule 2, Part 4 Amendments of Central Bank Reform Act 2010Schedule 2, Part 5 Amendments of Central Bank and Credit Institutions (Resolution) Act 2011Schedule 3 Amendments of Certain other ActsSchedule 3, Part 1 Amendments of Investment Intermediaries Act 1995Schedule 3, Part 2 Amendments of Credit Union Act 1997Schedule 3, Part 3 Amendments of Investor Compensation Act 1998Schedule 3, Part 4 Amendment of Financial Services (Deposit Guarantee Scheme) Act 2009Schedule 4 Amendments of Certain Statutory InstrumentsSchedule 4, Part 1 Amendments of European Communities (Markets in Financial Instruments) Regulations 2007 (S.I. No. 60 of 2007)Schedule 4, Part 2 Amendments of European Communities (Insurance and Reinsurance Groups Supplementary Supervision) Regulations 2007 (S.I. No. 366 of 2007)Schedule 4, Part 3 Amendments of European Communities (Information on the Payer Accompanying Transfers of Funds) Regulations 2007Schedule 4, Part 4 Amendment of European Communities (Reorganisation and Winding-up of Credit Institutions) Regulations 2011 (S.I. No. 48 of 2011)Schedule 5 Redress for Contravention of section 41(1) (paras. 1-6)
Page Overview
Related
Document Overview
Tools
Set a date to view the document
Text comparison options
Full text - Date 1 vs Date 2
Amendments requiring commencement - Current text vs Text requiring commencement
Draft proposed changes - Current text vs Text proposed by drafting documents
Coming soon: Any documents - Any document vs Another document at any date
Print / Export options
Current page
Whole document
Selected pages
Consolidated PDF of the entire document as of 26th December 2024
Export
Export line by line
Export provision to provision
Report template
Create report template
Alert me to changes
Manage alerts
Bookmarks
This page
This document
Manage bookmarks
Search within this document
View previous searches
Share
Get page link
Share via email application
PreviousNext
Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 19 April 2023 - onwards
Version 5 of 5

22. Power of Bank to require information, records, plans, etc.

(1) Where it is necessary to do so for the purpose of the performance of -

(a) the Bank's functions under financial services legislation relating to the proper and effective regulation of financial service providers, financial holding companies or mixed financial holding companies, or, subject to section 21(4), any other holding company within the meaning of Part 3 of the Central Bank Reform Act 2010 or

(b) to the extent that any element of the function conferred on the Bank by section 8 of the Central Bank (National Claims Information Database) Act 2018 does not fall within the description of its functions contained in paragraph (a), that element of the function conferred on it by that section 8,

the Bank may, by notice in writing given to a person to whom this Part applies, require the person -

(i) to provide to the Bank the information specified in the notice,

(ii) to provide to the Bank the records so specified, or

(iii) to prepare and provide to the Bank the forecasts, plans, accounts or other documents so specified.

(2) A person on whom a requirement is imposed under subsection (1) shall comply with the requirement -

PreviousNext