Central Bank Act 1942

F305 [ PART IIIC

Enforcement of Designated Enactments and Designated Statutory Instruments

CHAPTER 1

Interpretation ]

Annotations:

Amendments:

F305

Inserted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004), s. 10, S.I. 455 of 2004, subject to transitional provisions in s. 35 and sch. 5.

Annotations:

Amendments:

F305

Inserted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004), s. 10, S.I. 455 of 2004, subject to transitional provisions in s. 35 and sch. 5.

F306

Inserted (16.09.2016) by European Union (Central Securities Depositories) Regulations 2016 (S.I. No. 481 of 2016), reg. 11, in effect as per reg. 1(2).

F307

Inserted (3.01.2018) by European Union (Indices Used as Benchmarks in Financial Instruments and Financial Contracts or to Measure the Performance of Investment Funds) Regulations 2017 (S.I. No. 644 of 2017), reg. 27(c)(i), in effect as per reg. 1(2).

F308

Substituted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 5 and sch. 2 pt. 1 item 8, S.I. No. 287 of 2013.

F309

Substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(2)(a), S.I. No. 469 of 2010.

F310

Substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(2)(b), S.I. No. 469 of 2010.

F311

Substituted (8.10.2014) by European Union (European Markets Infrastructure) Regulations 2014 (S.I. No. 443 of 2014), reg. 38(c)(i), (ii).

F312

Substituted (3.07.2016) by European Union (Market Abuse) Regulations 2016 (S.I. No. 349 of 2016), reg. 51(d), in effect as per reg. 1(2).

F313

Inserted (22.12.2017) by European Union (Securities Financing Transactions) Regulations 2017 (S.I. No. 631 of 2017), reg. 31(c).

F314

Substituted (3.01.2018) by European Union (Markets in Financial Instruments) Regulations 2017 (S.I. No. 375 of 2017), reg. 131(d), in effect as per reg. 1(2).

F315

Substituted (21.07.2019) by European Union (Prospectus) Regulations 2019 (S.I. No. 380 of 2019), reg. 39(c)(i), (ii), in effect as per reg. 1(2).

F316

Inserted (1.01.2019) by European Union (General Framework for Securitisation and Specific Framework for Simple, Transparent and Standardised Securitisation) Regulations 2018 (S.I. No. 656 of 2018), reg. 31(c)(i), in effect as per reg. 1(2).

F317

Substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(1) and sch.1, pt. 1, item 71, S.I. No. 469 of 2010.

F318

Substituted (16.09.2016) by European Union (Central Securities Depositories) Regulations 2016 (S.I. No. 481 of 2016), reg. 11(c), in force as per reg. 1(2).

F319

Inserted (3.01.2018) by European Union (Markets in Financial Instruments) (Amendment) Regulations 2017 (S.I. No. 614 of 2017), reg. 32(b), in effect as per reg. 1(2).

F320

Inserted (3.01.2018) by European Union (Indices Used as Benchmarks in Financial Instruments and Financial Contracts or to Measure the Performance of Investment Funds) Regulations 2017 (S.I. No. 644 of 2017), reg. 27(c)(ii), in effect as per reg. 1(2).

Modifications (not altering text):

C21

Application of Part restricted (1.10.2018) by European Union (Insurance Distribution) Regulations 2018 (S.I. No. 229 of 2018), reg. 44(1), in effect per reg. 1(2).

Sanctions in Regulations 46 and 47, and Act of 1942

44. (1) Notwithstanding Part IIIC of the Act of 1942 and the sanctions set out in section 33AQ of that Act, any of the sanctions referred to in Regulations 46 and 47 may be imposed by the Bank—

(a) following an inquiry under section 33AO, or

(b) in accordance with section 33AR or section 33AV, of the Act of 1942 in respect of any contravention by a person falling within Regulation 45.

(2) The Bank shall take all measures necessary to ensure that any such sanction is implemented.

C22

Application of Part restricted (3.01.2018) by European Union (Markets in Financial Instruments) Regulations 2017 (S.I. No. 375 of 2017), reg. 119(1), in effect per reg. 1(2).

Sanctions

119. (1) Notwithstanding Part IIIC of the Act of 1942 and the sanctions set out in section 33AQ of the Act of 1942, any of the sanctions referred to in paragraph (3) may be imposed by the Bank—

(a) where the provisions of the Act of 1942 are invoked—

(i) following an inquiry under section 33AO of the Act of 1942, or

(ii) in accordance with section 33AR or 33AV of the Act of 1942, or

(b) where an assessor has been appointed under Regulation 113(1) and an adverse assessment has been made by the assessor (being an adverse assessment that contains a statement of the kind referred to in Regulation 113(8)(c)),

in respect of any contravention by a person falling within paragraph (5), (6) or (7), and, for the purposes of these Regulations, any reference in the Act of 1942 to the sanctions set out in section 33AQ of that Act is to be read as a reference to the sanctions set out in this Regulation.

...

C23

Application of Part restricted (1.01.2018) by European Union (Indices Used as Benchmarks in Financial Instruments and Financial Contracts or to Measure the Performance of Investment Funds) Regulations 2017 (S.I. No. 644 of 2017), reg. 19(1), in effect per reg. 1(2).

Sanctions that may be imposed by Bank

19. (1) Notwithstanding Part IIIC of the Act of 1942 and the sanctions set out in section 33AQ of the Act of 1942, any of the sanctions referred to in paragraph (3) may be imposed by the Bank—

(a) where the provisions of the Act of 1942 are invoked—

(i) following an inquiry under section 33AO of the Act of 1942, or

(ii) in accordance with section 33AR or 33AV of the Act of 1942, or

(b) where an assessor has been appointed under Regulation 13(1) and an adverse assessment has been made by the assessor (being an adverse assessment that contains a statement of the kind referred to in Regulation 13(8)(c)),

in respect of any contravention by a person falling within paragraph (5) and, for the purposes of these Regulations, any reference in the Act of 1942 to the sanctions set out in section 33AQ of that Act is to be read as a reference to the sanctions set out in this Regulation.

...

C24

Application of Part restricted (31.12.2017) by European Union (Key Information Documents for Packaged Retail and Insurance-based Investment Products (PRIIPS)) Regulations 2017 (S.I. No. 629 of 2017), reg. 4(1), in effect per reg. 1(2).

Sanctions

4. (1) Notwithstanding Part IIIC of the Act of 1942 and the sanctions set out in section 33AQ of the Act of 1942, sanctions may be imposed by the Bank—

(a) following an inquiry under section 33AO of the Act of 1942, or

(b) in accordance with section 33AR or section 33AV of the Act of 1942, for the infringements listed in Article 24(1) of the PRIIPS Regulation and may include any or all of the following:

(i) an order prohibiting the marketing of a PRIIP;

(ii) an order suspending the marketing of a PRIIP;

(iii) a public warning which indicates the person responsible for, and the nature of, the infringement;

(iv) an order prohibiting the provision of a key information document which does not comply with the requirement of Articles 6, 7, 8 or 10 of the PRIIPS Regulation and requiring the publication of a new version of a key information document;

(v) in the case of a legal person, administrative pecuniary sanctions of—

(I) up to €10,000,000 or up to 10 per cent of the total annual turnover of the legal person according to the last available accounts approved by the management body, or

(II) up to twice the amount of the profits gained or losses avoided as a result of an infringement where that amount can be determined;

(vi) in the case of a natural person, administrative pecuniary sanctions of—

(I) up to €1,000,000, or

(II) up to twice the amount of the profits gained or losses avoided as a result of an infringement where that amount can be determined.

...

C25

Application of Part restricted (22.12.2017) by European Union (Securities Financing Transactions) Regulations 2017 (S.I. No. 631 of 2017), reg. 25(1).

Sanctions

25. (1) Notwithstanding Part IIIC of the Act of 1942 and the sanctions set out in section 33AQ of the Act of 1942, any of the sanctions referred to in paragraph (2) may be imposed by the Bank—

(a) following an inquiry under section 33AO of that Act, or

(b) in accordance with section 33AR or section 33AV of that Act,

for the infringements of Articles 4 and 15 of the SFT Regulation and, for the purposes of these Regulations, any reference in the Act of 1942 to the sanctions set out in section 33AQ of that Act is to be read as a reference to the sanctions set out in this Regulation.

...

C26

Application of Part restricted (19.12.2017) by European Union (Information Accompanying Transfers of Funds) Regulations 2017 (S.I. No. 608 of 2017), reg. 6(1).

Administrative sanctions

6. (1) Notwithstanding Part IIIC of the Act of 1942 and the sanctions set out in section 33AQ of that Act, sanctions may be imposed by the Bank —

(a) following an inquiry under section 33AO of that Act, or

(b) in accordance with section 33AR or section 33AV of that Act,

for contraventions of the Funds Transfer Regulation and may include any or all of the following:

(i) a public statement which indicates the person responsible for the contravention and the nature of the contravention concerned;

(ii) an order requiring the person responsible for the contravention to cease, and desist from, the conduct concerned;

(iii) withdrawal or suspension of any authorisation granted by the Bank;

(iv) a temporary ban against any member of the institution’s management body or any other natural person, who is held responsible, from exercising management functions in the legal person concerned;

(v) subject to paragraph (2), a direction to pay to the Bank a monetary penalty not exceeding €1,000,000 or twice the amount of the benefit derived from the contravention where that benefit can be determined (including where that sum that exceeds €1,000,000 or the maximum amount specified in paragraph (2)).

...

C27

Application of Part restricted (16.09.2016) by European Union (Central Securities Depositories) Regulations 2016 (S.I. No. 481 of 2016), reg. 4, in effect as per reg. 1(2).

Sanctions

4. Notwithstanding Part IIIC of the Act of 1942 and the sanctions set out in section 33AQ of the Act of 1942, sanctions may be imposed by the Bank—

( a) following an inquiry under section 33AO of the Act of 1942, or

( b) in accordance with section 33AR or section 33AV of the Act of 1942

for the infringements listed in Article 63(1) of the CSD Regulation and may include any or all of the following:

(i) a public statement which indicates the person responsible for the infringement and the nature of the infringement concerned, in accordance with Regulation 7;

(ii) an order requiring the person responsible for the infringement to cease, and desist from, the conduct concerned;

(iii) withdrawal of an authorisation granted under Article 16 or 54 of the CSD Regulation, in accordance with Article 20 or 57 of the CSD Regulation;

(iv) a temporary or, for repeated serious infringements, a permanent ban against any member of the institution’s management body or any other natural person, who is held responsible, from exercising management functions in the institution concerned;

(v) administrative pecuniary sanctions of up to twice the amount of the profits gained as a result of an infringement where that amount can be determined;

(vi) in respect of a natural person, administrative pecuniary sanctions of up to €5,000,000;

(vii) in the case of a legal person, administrative pecuniary sanctions of up to €20,000,000 or up to 10% of the total annual turnover of the legal person according to the last available accounts approved by the management body; where the legal person is a parent undertaking or a subsidiary of the parent undertaking which has to prepare consolidated financial accounts according to Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 2, the relevant total annual turnover shall be the total annual turnover or the corresponding type of income according to the relevant Accounting Directives according to the last available consolidated accounts approved by the management body of the ultimate parent undertaking.

C28

Application of Part restricted (15.07.2015) by European Union (Bank Recovery and Resolution) Regulations 2015 (S.I. No. 289 of 2015), reg. 174(1), in effect as per reg. 1(2).

Specific provisions.

174. (1) Notwithstanding Part IIIC of the Act of 1942, where a contravention listed in paragraph (3) has occurred, the Bank may, following an inquiry under section 33AO of the Act of 1942, impose, in addition to the sanctions set out in section 33AQ of the Act of 1942, one, or more, of the following sanctions:

(a) a public statement that identifies the natural person, institution, financial institution, Union parent undertaking or other legal person responsible and the nature of the breach concerned;

(b) subject to paragraph (2), in the case of a legal person, a monetary penalty of up to 10% of the total annual net turnover of that legal person in the preceding business year;

(c) in the case of a natural person, a monetary penalty of up to €5,000,000;

(d) a monetary penalty of up to twice the amount of the benefit derived from the contravention where—

(i) that benefit can be determined, and

(ii) twice the amount of the benefit derived from the contravention is greater than the maximum amount specified in subparagraph (b), in the case of a legal person, or subparagraph (c), in the case of a natural person;

(e) a direction requiring the natural or legal person responsible to cease the conduct and to desist from a repetition of that conduct;

(f) a temporary ban against a member of the management body, or senior management, of an institution or entity referred to in Regulation 2(1)(b), (c) or (d), or against any other natural person who is held responsible, from exercising functions in such institutions or entities.

(2) Where a legal person is a subsidiary of a parent undertaking, the relevant turnover for the purposes of this Regulation shall be turnover resulting from the consolidated accounts of the ultimate parent undertaking in the preceding business year.

(3) The contraventions referred to in paragraph (1) are the following:

(a) failure to draw up, maintain and update recovery plans and group recovery plans under Regulation 11 or 14;

(b) failure to notify an intention to provide group financial support to the competent authority under Regulation 37;

(c) failure to provide all the information necessary for the development of resolution plans under Regulation 20;

(d) failure of the management body of an institution or an entity referred to in Regulation 2(1)(b) to (i) to notify the competent authority when the institution or entity concerned is failing or likely to fail under Regulation 143(1).

C29

Functions conferred on the Central Bank under Part extended (4.11.2014) by European Union (Single Supervisory Mechanism) Regulations 2014 (S.I. No. 495 of 2014, reg. 3(2).

Performance of certain functions

3. ...

(2) The functions conferred on the Bank under the provisions of Part IIIC of the Act of 1942 shall, in addition to being performable for the purposes to which those provisions (apart from these Regulations) relate, be performable for the purposes of ensuring compliance with a direction of the ECB under Article 18 of the SSM Regulation.

...

C30

Definition of “regulated financial service provider” extended (31.03.2014) for purposes of Part by European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014), reg. 54(4).

Administrative penalties and other administrative measures for breaches of authorisation requirements and requirements for acquisitions of qualifying holdings

54.— ...

(4) Notwithstanding the definition of regulated financial service provider as provided for in the Act of 1942, a person that engages in conduct listed in paragraph (2) shall be treated as a regulated financial services provider for the purposes of Part IIIC of the Act of 1942.

Editorial Notes:

E153

Additional sanctions under s. 33AQ following an inquiry under s. 33AO prescribed (31.03.2014) by European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014), regs. 54-55.

E154

Provision for certain information to be used for purposes of enquiry under Part made (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 47, S.I. No. 469 of 2010.

E155

Provision for enquiries already commenced under Chapters 2 and 3 to be completed made (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 21(1), S.I. No. 469 of 2010.

F305 [ Interpretation (Part IIIC).

33AN

33AN. F306 [ (1) ] In this Part

F307 [ Benchmarks Regulation means Regulation (EU) No. 2016/1011 of the European Parliament and of the Council of 8 June 2016 9 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No 596/2014; ]

F306 [ CSD Regulation means Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012; ]

contravene includes fail to comply, and also includes

( a ) attempting to contravene, and

F308 [ ( b ) aiding, abetting, counselling or procuring a person to commit a contravention, and ]

( c ) inducing, or attempting to induce, a person (whether by threats or promises or otherwise) to commit a contravention, and

( d ) being (directly or indirectly) knowingly concerned in, or a party to, a contravention, and

( e ) conspiring with others to commit a contravention;

decision of the F309 [ Bank ] means

( a ) in relation to an inquiry held by the F309 [ Bank ] under section 33AO, a finding made by F310 [ the Bank ] in accordance with section 33AQ and any decision of F310 [ the Bank ] imposing a sanction under that section in consequence of the finding, or

( b ) any decision of F310 [ the Bank ] imposing a sanction under section 33AR;

F311 [ designated enactment does not include Part 4 or 5 of the Investment Funds, Companies and Miscellaneous Provisions Act 2005 , Part 3 of the Investment Funds, Companies and Miscellaneous Provisions Act 2006 F312 [ , Title II of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 16 , ] F313 [ the SFT Regulation but (in relation to the SFT Regulation) wherever and only in so far as it imposes a requirement on a person who is not a regulated financial service provider, ] F307 [ the Benchmarks Regulation but (in relation to the Benchmarks Regulation) wherever and only in so far as it imposes a requirement on a person who is not a regulated financial service provider, ] F314 [ F315 [ Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014, Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 ] or Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 but (in relation to the last-mentioned Regulation) wherever and only in so far as it imposes a requirement on a person who is not a regulated financial service provider F316 [ , or the Securitisation Regulation but (in relation to the Securitisation Regulation) wherever and only in so far as it imposes a requirement on a person who is not a regulated financial service provider, ] ; ] and ]

F311 [ designated statutory instrument does not include the F312 [ European Union (Market Abuse) Regulations 2016 ( S.I. No. 349 of 2016 ) ] , F315 [ the European Union (Prospectus) Regulations 2019 (S.I. No. XX of 2019) ] , regulations for the time being in force under section 20 of the Investment Funds, Companies and Miscellaneous Provisions Act 2006 , F313 [ European Union (Securities Financing Transactions) Regulations 2017 ( S.I. No. 631 of 2017 ) but (in relation to the European Union (Securities Financing Transactions) Regulations 2017) wherever and only in so far as they impose a requirement on a person who is not a regulated financial service provider; ] F307 [ the European Union (Indices used as Benchmarks in Financial Instruments and Financial Contracts or to Measure the Performance of Investment Funds) Regulations 2017 ( S.I. No. 644 of 2017 ) but (in relation to the European Union (Indices used as Benchmarks in Financial Instruments and Financial Contracts or to Measure the Performance of Investment Funds) Regulations 2017) wherever and only in so far as they impose a requirement on a person who is not a regulated financial service provider, ] F314 [ the European Union (European Markets Infrastructure) Regulations 2014 ( S.I. No. 443 of 2014 ) or the European Union (Markets in Financial Instruments) Regulations 2017 but (in relation to the last-mentioned Regulation) wherever and only in so far as they impose a requirement on a person who is not a regulated financial service provider F316 [ , or the European Union (General Framework for Securitisation and Specific Framework for Simple Transparent and Standardised Securitisation) Regulations 2018 (S.I. No. 656 of 2018) but (in relation to the European Union (General Framework for Securitisation and Specific Framework for Simple Transparent and Standardised Securitisation) Regulations 2018) wherever and only in so far as they impose a requirement on a person who is not a regulated financial service provider, ] ; ] ]

disqualification direction means a direction given under section 33AQ or 33AR disqualifying a specified person from being concerned in the management of a regulated financial service provider;

F317 [ inquiry means an inquiry held under section 33AO or section 33AR , and includes such an inquiry begun by the former Regulatory Authority and continued by the Bank; ]

notify means notify in writing.

prescribed contravention F318 [ means, other than in respect of the CSD Regulation F319 [ or as otherwise provided by this section ] , a contravention of ]

(a) a provision of a designated enactment or designated statutory instrument, or

(b) a code made, or a direction given, under such a provision, or

(c) any condition or requirement imposed under a provision of a designated enactment, designated statutory instrument, code or direction, or

(d) any obligation imposed on any person by this Part or imposed by the Regulatory Authority pursuant to a power exercised under this Part; ]

F316 [ Securitisation Regulation means Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 25 ; , ]

F313 [ SFT Regulation means Regulation (EU) No 2015/2365 of the European Parliament and of the Council of 25 November 2015 6 ; ]

F306 [ (2) prescribed contravention , in respect of the CSD Regulation, means an infringement listed in Article 63(1) of the CSD Regulation. ]

F319 [ (3) In this Part prescribed contravention means, in respect of the European Union (Markets in Financial Instruments) Regulations 2017 ( S.I. No. 375 of 2017 ), a contravention of any of the provisions listed in Regulation 119(5), (6) and (7) of those Regulations. ]

F313 [ (4) In this Part prescribed contravention means, in respect of the SFT Regulation, an infringement of Articles 4, 13, 14 or 15 of that Regulation. ]

F320 [ (5) In this Part prescribed contravention means, in respect of the Benchmarks Regulation, a contravention of Article 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 21, 23, 24, 25, 26, 27, 28, 29 or 34 of that Regulation. ]

Annotations:

Amendments:

F305

Inserted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004), s. 10, S.I. 455 of 2004, subject to transitional provisions in s. 35 and sch. 5.

F306

Inserted (16.09.2016) by European Union (Central Securities Depositories) Regulations 2016 (S.I. No. 481 of 2016), reg. 11, in effect as per reg. 1(2).

F307

Inserted (3.01.2018) by European Union (Indices Used as Benchmarks in Financial Instruments and Financial Contracts or to Measure the Performance of Investment Funds) Regulations 2017 (S.I. No. 644 of 2017), reg. 27(c)(i), in effect as per reg. 1(2).

F308

Substituted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 5 and sch. 2 pt. 1 item 8, S.I. No. 287 of 2013.

F309

Substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(2)(a), S.I. No. 469 of 2010.

F310

Substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(2)(b), S.I. No. 469 of 2010.

F311

Substituted (8.10.2014) by European Union (European Markets Infrastructure) Regulations 2014 (S.I. No. 443 of 2014), reg. 38(c)(i), (ii).

F312

Substituted (3.07.2016) by European Union (Market Abuse) Regulations 2016 (S.I. No. 349 of 2016), reg. 51(d), in effect as per reg. 1(2).

F313

Inserted (22.12.2017) by European Union (Securities Financing Transactions) Regulations 2017 (S.I. No. 631 of 2017), reg. 31(c).

F314

Substituted (3.01.2018) by European Union (Markets in Financial Instruments) Regulations 2017 (S.I. No. 375 of 2017), reg. 131(d), in effect as per reg. 1(2).

F315

Substituted (21.07.2019) by European Union (Prospectus) Regulations 2019 (S.I. No. 380 of 2019), reg. 39(c)(i), (ii), in effect as per reg. 1(2).

F316

Inserted (1.01.2019) by European Union (General Framework for Securitisation and Specific Framework for Simple, Transparent and Standardised Securitisation) Regulations 2018 (S.I. No. 656 of 2018), reg. 31(c)(i), in effect as per reg. 1(2).

F317

Substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(1) and sch.1, pt. 1, item 71, S.I. No. 469 of 2010.

F318

Substituted (16.09.2016) by European Union (Central Securities Depositories) Regulations 2016 (S.I. No. 481 of 2016), reg. 11(c), in force as per reg. 1(2).

F319

Inserted (3.01.2018) by European Union (Markets in Financial Instruments) (Amendment) Regulations 2017 (S.I. No. 614 of 2017), reg. 32(b), in effect as per reg. 1(2).

F320

Inserted (3.01.2018) by European Union (Indices Used as Benchmarks in Financial Instruments and Financial Contracts or to Measure the Performance of Investment Funds) Regulations 2017 (S.I. No. 644 of 2017), reg. 27(c)(ii), in effect as per reg. 1(2).

Editorial Notes:

E156

Previous affecting provision: definition of “designated enactment” substituted (29.01.2007) by Investment Funds, Companies and Miscellaneous Provisions Act 2006 (41/2006), s. 34(2), S.I. No. 23 of 2007; substituted as per F-note above.

E157

Previous affecting provision: definitions inserted (30.06.2005) by Investment Funds, Companies and Miscellaneous Provisions Act 2005 (12/2005), s. 87(1), S.I. No. 323 of 2005; substituted as per F-note above.

25 OJ No L 347, 28.12.2017, p.35

6 OJ No. L 337, 23.12.2015, p.1

9 OJ No. L171, 29.6.2016, p. 1