Central Bank Act 1942

F307 [ Interpretation (Part IIIC).

33AN

33AN. F308 [ (1) ] In this Part

F309 [ 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; ]

F308 [ 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

F310 [ ( 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 F311 [ Bank ] means

( a ) in relation to an inquiry held by the F311 [ Bank ] under section 33AO, a finding made by F312 [ the Bank ] in accordance with section 33AQ and any decision of F312 [ the Bank ] imposing a sanction under that section in consequence of the finding, or

( b ) any decision of F312 [ the Bank ] imposing a sanction under section 33AR;

F313 [ 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 F314 [ , Title II of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 16 , ] F315 [ 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, ] F309 [ 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, ] F316 [ F317 [ 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 F318 [ , 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 ]

F313 [ designated statutory instrument does not include the F314 [ European Union (Market Abuse) Regulations 2016 ( S.I. No. 349 of 2016 ) ] , F319 [ the European Union (Prospectus) Regulations 2019 ( S.I. No. 380 of 2019 ) ] , regulations for the time being in force under section 20 of the Investment Funds, Companies and Miscellaneous Provisions Act 2006 , F315 [ 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; ] F309 [ 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, ] F316 [ 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 F318 [ , 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;

F320 [ 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 F321 [ means, other than in respect of the CSD Regulation F322 [ 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; ]

F323 [ prescribed contravention means, in respect of the European Union (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) (No. 2) Regulations 2020 ( S.I. No. 21 of 2020 ), a contravention of Regulation 4(2) of those Regulations; ]

F318 [ Securitisation Regulation means Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 25 ; ]

F315 [ SFT Regulation means Regulation (EU) No 2015/2365 of the European Parliament and of the Council of 25 November 2015 6 ; ]

F308 [ (2) prescribed contravention , in respect of the CSD Regulation, means an infringement listed in Article 63(1) of the CSD Regulation. ]

F322 [ (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. ]

F315 [ (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. ]

F324 [ (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:

F307

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.

F308

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).

F309

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).

F310

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.

F311

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

F312

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

F313

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

F314

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).

F315

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

F316

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).

F317

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).

F318

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).

F319

Substituted (18.12.2019) by European Union (Prospectus) (Amendment) Regulations 2019 (S.I. No. 670 of 2019), reg. 3(a).

F320

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.

F321

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).

F322

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).

F323

Inserted (30.01.2020) by European Union (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) (No. 2) Regulations 2020 (S.I. No. 21 of 2020), reg. 6(b), in effect as per reg. 1(2).

F324

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:

E159

Previous affecting provision: definition of designated statutory instrument amended (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); amendment substituted as per F-note above.

E160

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.

E161

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.