Central Bank Act 1942
F366 [ Power to summon witnesses and take evidence.
33BA. — (1) At an inquiry, the F367 [ Bank ] may, in writing —
( a ) summons a person to appear before the inquiry to give evidence, to produce specified documents, or to do both, and
( b ) require the person to attend from day to day unless excused, or released from further attendance, by F368 [ the Bank ] .
(2) The person presiding at an inquiry may require evidence to be given on oath, and may for that purpose —
( a ) require a witness at the inquiry to take an oath, and
( b ) administer an oath to the witness.
(3) The oath to be taken by a person for the purposes of this section is an oath that the evidence the person will give will be true.
(4) The person presiding at an inquiry —
( a ) may require a witness at the inquiry to answer a question put to the witness, and
( b ) may require a person appearing at the inquiry in accordance with a summons issued under this section to produce a document specified in the summons.
(5) The person presiding at an inquiry may allow a witness at the inquiry to give evidence by tendering a written statement, which, if the person presiding so requires, must be verified by oath. ]
F369 [ (6) Without limiting subsections (1) to (4), the Bank has the same powers that a judge of the High Court has when hearing civil proceedings that are before that Court with respect to the examination of witnesses (including witnesses who are outside the State).
(7) A person who is summoned to appear before the Bank under this section is entitled to the same rights and privileges as a witness appearing in civil proceedings before the High Court.
(8) An answer to a question put to a person in response to a requirement under subsection (4)( a ) or information provided by a person in response to a requirement under subsection (4)( b ) is not admissible as evidence against the person in criminal proceedings, other than proceedings for perjury, if the information was provided on oath.
(9) A person who —
( a ) obstructs the Bank in the exercise of a power conferred by this Part,
( b ) without reasonable excuse, fails to comply with a requirement or request made by the Bank under this Part,
( c ) in purported compliance with such a requirement or request, gives information that the person knows to be false or misleading, or
( d ) refuses to comply with a summons to attend before, or to be examined on oath by, the Bank,
commits an offence and is liable —
(i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or
(ii) on conviction on indictment, to a fine not exceeding € 250,000 or imprisonment for a term not exceeding 5 years, or both. ]
Inserted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004), s. 10, S.I. No. 455 of 2004, subject to transitional provisions in s. 35 and sch. 5.
Substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(2)(a), S.I. No. 469 of 2010.
Substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(2)(b), S.I. No. 469 of 2010.
Inserted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 70, S.I. No. 287 of 2013.
Previous affecting provision: section inserted (1.08.2004) by Central Bank and Financial Services Authority of Ireland 2004 (21/2004), s. 10, S.I. No. 455 of 2004, subject to transitional provisions in s. 35 and sch. 5; substituted as per F-note above.