Central Bank Act 1942

33ANC
33ANC

F323 [ Application of Part under Capital Requirements Directive.

33ANC

33ANC. (1) This Part applies in relation to

( a ) the commission or suspected commission by a financial holding company, mixed-financial holding company or mixed-activity holding company of a contravention of

(i) a provision of the Capital Requirements Regulations or the Capital Requirements Regulation,

(ii) any direction given to a financial holding company, mixed-financial holding company or mixed-activity holding company under a provision of the Regulations referred to in subparagraph (i),

(iii) any requirement imposed on a financial holding company, mixed-financial holding company or mixed-activity holding company under a provision of the Regulations referred to in subparagraph (i) or under any direction given to a financial holding company, mixed-financial holding company or mixed-activity holding company under a provision of those Regulations, or

(iv) any obligation imposed on a financial holding company, mixed-financial holding company or mixed-activity holding company by this Part or imposed by the Bank pursuant to a power exercised under this Part,

and

( b ) participation, by a person concerned in the management of a financial holding company, mixed-financial holding company or mixed-activity holding company, in the commission by the financial holding company, mixed-financial holding company or mixed-activity holding company of such a contravention.

(2) For the purposes of subsection (1)

( a ) a reference in this Part to a regulated financial service provider or a financial service provider includes a reference to a financial holding company, mixed-financial holding company or mixed-activity holding company,

( b ) a reference in this Part to a prescribed contravention includes a reference to a contravention, by a financial holding company, mixed-financial holding company or mixed-activity holding company, of a provision, direction, requirement or obligation referred to in subsection (1), and

( c ) a reference in this Part to a person concerned in the management of a regulated financial service provider includes a reference to a person concerned in the management of a financial holding company, mixed-financial holding company or mixed-activity holding company.

(3) Nothing in this section limits the application of this Part in relation to matters other than those referred to in subsection (1).

(4) In this section

( a ) Capital Requirements Regulations means European Union (Capital Requirements) Regulations 2014 ( S.I. No. 158 of 2014 );

( b ) Capital Requirements Regulation means Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 28 ;

( c ) financial holding company has the meaning assigned to it in point (20) of Article 4(1) of the Capital Requirements Regulation;

( d ) mixed-financial holding company has the meaning assigned to it in point (21) of Article 4(1) of the Capital Requirements Regulation;

( e ) mixed-activity holding company has the meaning assigned to it in point (22) of Article 4(1) of the Capital Requirements Regulation. ]

Annotations:

Amendments:

F323

Substituted (15.07.2015) by European Union (Bank Recovery and Resolution) Regulations 2015 (S.I. No. 289 of 2015), reg. 185(d), in effect as per reg. 1(2).

Editorial Notes:

E163

Previous affecting provision: section inserted (31.03.2014) by European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014), reg. 153(3); substituted as per F-note above.

28 OJ No. L 176, 27.06.2013, p. 1