Central Bank Act 1942

Prohibition of unauthorised money.

56

56. (1) No person shall make, provide, issue, re-issue, or give or receive in payment any document (not being a document excluded by this section from the operation of this section) in writing (whether written on paper or on any other substance or material) which complies with both of the following conditions, that is to say:—

( a) the document purports or is expressed to be or is in fact exchangeable for a specified sum of lawful money on presentation by the holder for the time being thereof to a particular person or any two or more particular persons, whether such person or persons is or are or is not or are not specified in the document and whether such presentation is or is not subject to restrictions as to time and place and whether such restrictions (if any) are or are not stated in the document, and

( b) the document is intended or purports or appears to be intended to circulate as money or to be used as a substitute for lawful money, whether generally or for a particular purpose or within a particular area.

F394 [ (2) Every person who makes, provides, issues, re-issues, or gives or receives in payment any document in contravention of subsection (1) of this section shall be guilty of an offence under this section and shall be liable

( a ) on summary conviction, to a fine not exceeding £ 1,000 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both, or

( b ) on conviction on indictment, to a fine not exceeding £ 10,000 or, at the discretion of the court, to imprisonment for a term not exceeding five years, or to both. ]

(3) Where a document is or purports or is expressed to be made, provided, issued, re-issued, or given or received in payment by or on behalf of a club, association, committee, council, or other body which is not incorporated, every member of that body shall be guilty of an offence under this section and be punishable accordingly.

(4) In any prosecution of a person for an offence under this section, the burden of proof that the document in relation to which the offence is alleged to have been committed was not intended and does not purport or appear to be intended to circulate as money or to be used as a substitute for lawful money (whether generally or for a particular purpose or within a particular area) shall lie on the person so prosecuted, and, unless and until the contrary is proved, it shall be presumed that the said document was intended (in contravention of this section) to circulate as money and be used as a substitute for lawful money.

(5) Every of the following documents is excluded from the operation of this section, that is to say:—

( a) bank notes;

( b) postal orders, post office money orders, and other documents issued by F395 [ An Post ];

( c) bank drafts, deposit receipts, and other documents issued by any bank;

( d) bills of exchange not payable on presentation;

( e) promissory notes for not less than five pounds;

( f) cheques drawn on a banker, including cheques drawn by a banker on himself;

( g) tallies which—

(i) are (whether before or after the passing of this Act) issued or provided by a club or association the members of which consist wholly or mainly of persons who are for the time being unemployed, and

(ii) circulate only amongst the members of such club or association, and

(iii) are so issued or provided and are used solely for the purpose of enabling goods produced or services rendered by members of such club or association to be exchanged between members of such club or association.

Annotations:

Amendments:

F394

Substituted (12.07.1989) by Central Bank Act 1989 (16/1989), s. 8(b), S.I. No. 176 of 1989.

F395

Substituted (13.07.1983) by Postal and Telecommunications Services Act 1983 (24/1983), s. 8 and sch. 4, commenced on enactment.

Editorial Notes:

E179

The sum of £1,000 referred to in subs. (2)(a) converts to €1,269.74. The sum of £10,000 referred to in subs. (2)(b) converts to €12,697.38. The sum of five pounds referred to in subs. (5)(e) converts to €6.35. See Euro Changeover (Amounts) Act 2001 (16/2001), s. 1.