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Central Bank and Financial Services Authority of Ireland Act 2004 (No. 21)Introductory TextActs Referred toPart 1 Preliminary (s. 1)1. Short title and commencement.Part 2 Amendment of Central Bank Act 1942 (ss. 2-23)2. Amendment of section 2 of Central Bank Act 1942 (Interpretation).3. Insertion of new section 2A into Central Bank Act 1942.4. Substitution of section 6B of Central Bank Act 1942.5. Amendment of section 20 of Central Bank Act 1942 (Prohibition of the Governor holding shares in a bank).6. New section 33SA inserted into Central Bank Act 1942.7. Amendment of section 33AC of Central Bank Act 1942 (Registrar to prepare annual report).8. Amendment of section 33C of Central Bank Act 1942 (Functions and powers of Regulatory Authority).9. Amendment of section 33AK of Central Bank Act 1942 (Disclosure of information).10. New Part IIIC inserted into Central Bank Act 1942.11. Amendment of section 57A of Central Bank Act 1942 (Interpretation Part VIIA and Schedule 5).12. Amendment of section 57G of Central Bank Act 1942 (Jurisdiction and powers of the Appeals Tribunal).13. Amendment of section 57R of Central Bank Act 1942 (Operation and implementation of appealed decision pending determination of appeal).14. Amendment of section 57Z of Central Bank Act 1942 (What decisions the Appeals Tribunal can make in determining an appeal).15. Amendment of section 57AK of Central Bank Act 1942 (Right of appeal to High Court).16. New Part VIIB inserted into Central Bank Act 1942.17. New Part VIIC inserted into Central Bank Act 1942.18. Amendment of section 61E of Central Bank Act 1942.19. Insertion of new section 61G into Central Bank Act 1942.20. Amendment of Schedule 2 to Central Bank Act 1942 (Enactments and regulations under which Regulatory Authority is to perform functions of the Bank).21. Amendment of Schedule 5 to Central Bank Act 1942 (Provisions applicable to members of the Appeals Tribunal).22. Insertion into Central Bank Act 1942 of new Schedules 6 and 7.23. Insertion into Central Bank Act 1942 of new Schedule 8.Part 3 Amendment of Central Bank Act 1997 (ss. 24-32)24. Amendment of section 2 of Central Bank Act 1997 (Interpretation).25. Amendment of section 19 of Central Bank Act 1997 (Prohibition of revocation of certain payments).26. Substitution of Part IV of Central Bank Act 1997.27. Substitution of Part V of Central Bank Act 1997.28. Amendment of section 53 of Central Bank Act 1997 (Application of section 47 of Act of 1989).29. Amendment of section 75 of Central Bank Act 1997 (Powers of inspection).30. Amendment of section 76 of Central Bank Act 1997 (Search and seizure).31. Amendment of section 77 of Central Bank Act 1997 (Examination by Comptroller and Auditor General).32. Amendment of section 84 of Central Bank Act 1997 (Representative offices).Part 4 Amendment of other Legislation (ss. 33-35)33. Miscellaneous amendments to other Acts administered by the Bank.34. Amendment of European Communities Regulations administered by the Bank.35. Savings and transitional provisions.Schedule 1 Amendment of Acts Consequential on Insertion into Central Bank Act 1942 of Part IIICSchedule 1, Part 8 Amendment of Investor Compensation Act 1998Schedule 1, Part 7 Amendment of Credit Union Act 1997Schedule 1, Part 9 Amendment of Asset Covered Securities Act 2001Schedule 1, Part 6 Amendment of Consumer Credit Act 1995Schedule 1, Part 5 Amendment of Investment Intermediaries Act 1995Schedule 1, Part 4 Amendment of Stock Exchange Act 1995Schedule 1, Part 3 Amendment of Building Societies Act 1989Schedule 1, Part 2 Amendment of Insurance Act 1989Schedule 1, Part 1 Amendment of Central Bank Act 1971Schedule 2 Amendment of European Communities Regulations Consequential on Insertion of Part IIIC of Central Bank Act 1942Schedule 2, Part 5 Amendment of European Communities (Non-Life Insurance) Framework Regulations 1994 (S.I. No. 359 of 1994)Schedule 2, Part 1 Amendment of European Communities (Non-Life Insurance) Regulations 1976 (S.I. No. 115 of 1976)Schedule 2, Part 9 Amendment of European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2003 (S.I. No. 211 of 2003)Schedule 2, Part 8 Amendment of European Communities (Electronic Money) Regulations 2002 (S.I. No. 221 of 2002)Schedule 2, Part 7 Amendment of Supervision of Credit Institutions, Stock Exchange Member Firms and Investment Business Firms Regulations 1996 (S.I. No. 267 of 1996)Schedule 2, Part 6 Amendment of European Communities (Life Assurance) Framework Regulations 1994 (S.I. No. 360 of 1994)Schedule 2, Part 4 Amendment of European Communities (Licensing and Supervision of Credit Institutions) Regulations 1992 (S.I. No. 395 of 1992)Schedule 2, Part 3 Amendment of European Communities (Non-Life Insurance) (Amendment) (No. 2) Regulations 1991 (S.I. No. 142 of 1991)Schedule 2, Part 2 Amendment of European Communities (Life Assurance) Regulations 1984 (S.I. No. 57 of 1984)Schedule 3 Miscellaneous Amendments to other Acts Administered by the BankSchedule 3, Part 1 Amendment of Insurance Act 1936Schedule 3, Part 2 Amendment of Companies Act 1963Schedule 3, Part 3 Amendment of Insurance Act 1964Schedule 3, Part 4 Amendment of Central Bank Act 1971Schedule 3, Part 5 Amendment of Insurance (Miscellaneous Provisions) Act 1985Schedule 3, Part 6 Amendment of Insurance Act 1989Schedule 3, Part 7 Amendment of Central Bank Act 1989Schedule 3, Part 8 Amendment of Trustee Savings Banks Act 1989Schedule 3, Part 9 Amendment of Companies Act 1990Schedule 3, Part 10 Amendment of Stock Exchange Act 1995Schedule 3, Part 11 Amendment of Investment Intermediaries Act 1995Schedule 3, Part 12 Amendment of Consumer Credit Act 1995Schedule 3, Part 13 Amendment of Netting of Financial Contracts Act 1995Schedule 3, Part 14 Amendment of Credit Union Act 1997Schedule 3, Part 15 Amendment of Investor Compensation Act 1998Schedule 4 Miscellaneous Amendments to Other European Communities Regulations Administered by the BankSchedule 4, Part 3 Amendment of European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2003 (S.I. No. 211 of 2003)Schedule 4, Part 1 Amendment of European Communities (Consolidated Supervision of Credit Institutions) Regulations 1992 (S.I. No. 396 of 1992)Schedule 4, Part 2 Amendment of European Communities (Cross-Border Credit Transfers) Regulations 2003 (S.I. No. 231 of 2003)Schedule 5 Savings and Transitional Provisions
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Version status: Partly in force | Document consolidation status: Updated to reflect all known changes
Version date: 1 August 2004 - onwards
Version 2 of 2

Schedule 3, Part 1 Amendment of Insurance Act 1936

Section 33.

Item

Provision affected

Amendment

1.

Section 3

(a) Insert "(1)" before "In this Act";

 

 

(b) Insert the following subsection at the end of the section:

 

 

"(2) A financial contract within the meaning of the Netting of Financial Contracts Act 1995 is not, and is taken never to have been, a contract of insurance for the purposes of—

 

 

(a) the Insurance Acts 1909-2002, or

 

 

(b) regulations in force under those Acts, or

 

 

(c) regulations relating to insurance that are in force under the European Communities Act 1972.

 

 

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