Central Bank Act 1942

F366 [ Power to summon witnesses and take evidence.

33BA

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. ]

Annotations:

Amendments:

F366

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.

F367

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

F368

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

F369

Inserted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 70, S.I. No. 287 of 2013.

Editorial Notes:

E175

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.