Central Bank Act 1942

F397 [ PART VIIA

Irish Financial Services Appeals Tribunal

Chapter 1

Preliminary ]

Annotations:

Amendments:

F397

Part VIIA (ss. 57A-57AZ) inserted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 28, S.I. No. 454 of 2004, subject to transitional provisions in s. 36 and sch. 3.

Annotations:

Amendments:

F397

Part VIIA (ss. 57A-57AZ) inserted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 28, S.I. No. 454 of 2004, subject to transitional provisions in s. 36 and sch. 3.

F398

Substituted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004), s. 11(a) and (c), S.I. No. 455 of 2004, subject to transitional provisions in s. 35 and sch. 5.

F399

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

F400

Deleted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004), s. 11(b), S.I. No. 455 of 2004, subject to transitional provisions in s. 35 and sch. 5.

F401

Inserted (4.11.2014) by European Union (Single Supervisory Mechanism) Regulations 2014 (S.I. No. 495 of 2014), reg. 9.

F402

Inserted (1.01.2016) by European Union (Single Resolution Mechanism) Regulations 2015 (S.I. No. 568 of 2015), reg. 3(e), in effect as per reg. 1(2).

Modifications (not altering text):

C40

Application of chapter (ss. 57L-57AI) extended (28.10.2011) by Central Bank and Credit Institutions (Resolution) Act 2011 (27/2011), s. 43(8), S.I. No. 548 of 2011.

Review of determination of compensation, etc.

(8) The provisions (except subsections (1) and (4) of section 57L and the definition of “appealable decision” in section 57A) of Chapter 3 of Part VIIA (inserted by section 28 of the Central Bank and Financial Services Authority of Ireland Act 2003 and amended by section 13 of the Central Bank and Financial Services Authority of Ireland Act 2004) of the Central Bank Act 1942 apply to an appeal under this section, except that—

(a) references in that Chapter to the Bank are to be read as references to the Assessor, and

(b) references in that Chapter to a decision or an appealable decision of the Bank are to be read as references to a determination of the Assessor.

C41

Rules for appeals procedure made (1.08.2008) by Irish Financial Services Appeals Tribunal Rules 2008 (S.I. No. 224 of 2008), rl. 1(3), commenced as per rl. 1(2).

Citation, commencement and cesser

1. ...

(3) These Rules contain the procedure which applies in any appeal to the Appeals Tribunal from an appealable decision and in any application under Part VIIA of the Central Bank Act 1942.

Editorial Notes:

E180

Prospective affecting provision: decisions designated as appealable decisions for the purposes of Part by European Union (Insurance Distribution) Regulations 2018 (S.I. No. 229 of 2018), reg. 3A(4), as inserted by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 74, not commenced as of date of revision.

E181

Prospective affecting provision: decisions designated as appealable decisions for the purposes of Part by European Union (Insurance and Reinsurance) Regulations 2015 (S.I. No. 485 of 2015), reg. 13A(4), as inserted by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 73, not commenced as of date of revision.

E182

Decisions designated as appealable decisions for the purposes of Part (16.09.2016) by European Union (Central Securities Depositories) Regulations 2016 (S.I. No. 481 of 2016), reg. 10, in force as per reg. 1(2).

E183

Decisions designated as appealable decisions for the purposes of Part (21.03.2016) by European Union (Consumer Mortgage Credit Agreements) Regulations 2016 (S.I. No. 142 of 2016), reg. 34(6), in force as per reg. 2.

E184

Appeal to Appeals Tribunal under this Part listed as exception to rule against identity disclosure subject to s. 57W (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 40(5)(b)(ii), S.I. No. 287 of 2013.

E185

Numerous provisions designate decisions as appealable decisions for purposes of this Part, including those listed below.

E186

Decisions designated as appealable decisions for the purposes of Part VIIA of Act (1.01.2016) by European Union (Insurance and Reinsurance) Regulations 2015 (S.I. No. 485 of 2015), regs. 23(3), 23(4), 26(4), 69, 153(7), 155(4), 160(6) and 262(7), in effect as per reg. 1(2) subject to exception in reg. 1(3).

E187

Decisions designated as appealable decisions for the purposes of Pt. VIIA of Act (12.03.2015) by Irish Collective Asset-management Vehicles Act 2015 (2/2015), ss. 16(2), 20(3), 21(9), 24(3), S.I. No. 85 of 2015.

E188

Decisions designated as appealable decisions for the purposes of Pt. VIIA of Act (31.03.2014) by European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014), regs. 24(3), 33(7), 40(6), 42(8) and 134(5).

E189

Decisions designated as appealable decisions for the purposes of Pt. VIIA of Act (3.03.2014) by Credit Union Act 1997 (15/1997), s. 52 as substituted by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 15(1), S.I. No. 99 of 2014.

E190

Decisions designated as appealable decisions for the purposes of Pt. VIIA of Act (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), ss. 43(6) and 45(14), S.I. No. 287 of 2013.

E191

Decisions designated as appealable decisions for the purposes of Pt. VIIA of Act by Central Bank Act 1997 (8/1997), s. 34D(3), as inserted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 64, S.I. No. 287 of 2013.

E192

Decisions designated as appealable decisions for the purposes of Pt. VIIA of Act (16.07.2013) by European Union (Alternative Investment Fund Managers) Regulations 2013 (S.I. No. 257 of 2013), reg. 49(13).

E193

Decisions designated as appealable decisions for the purposes of Pt. VIIA of Act (15.03.2013) by European Union (Requirements for Credit Transfers and Direct Debits in Euro) Regulations 2013 (S.I. No. 132 of 2012), reg. 5(6).

E194

Decisions designated as appealable decisions for the purposes of Pt. VIIA of Act (1.07.2011) by European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2011 (S.I. No. 352 of 2011), regs. 131(1) and (6), 135(2), (4) and (5), commenced as per reg. 2.

E195

Decisions designated as appealable decisions for the purposes of Pt. VIIA of Act (30.04.2011) by European Communities (Electronic Money) Regulations 2011 (S.I. No. 183 of 2011), regs. 46 and 67, commenced as per reg. 2.

E196

Decisions designated as appealable decisions for the purposes of Pt. VIIA of Act (15.03.2013) by European Union (Requirements for Credit Transfers and Direct Debits in Euro) Regulations 2013 (S.I. No. 132 of 2013), reg. 5(6), commenced as per reg. 1(2).

E197

Decisions designated as appealable decisions for the purposes of Pt. VIIA of Act (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 23(5) and (7), S.I. No. 469 of 2010.

E198

Decisions designated as appealable decisions for the purposes of Pt. VIIA of Act (19.05.2010) by European Communities (Cross Border Payments) Regulations 2010 (S.I. No. 183 of 2010), reg. 5(6), commenced as per reg. 1(2).

E199

Decisions designated as appealable decisions for the purposes of Pt. VIIA of Act (19.12.2009) by European Communities (Credit Institutions) (Consolidated Supervision) Regulations 2009 (S.I. No. 475 of 2009), reg. 17(11), commenced as per reg. 2.

E200

Decisions designated as appealable decisions for purposes of Part by European Communities (Non-Life Insurance) Framework Regulations 1994 (S.I. No. 359 of 1994), reg. 20I as inserted (10.06.2009) by European Communities (Assessment of Acquisitions In the Financial Sector) Regulations 2009 (S.I. No. 206 of 2009), reg. 4(d), commenced as per reg. 2.

E201

Decisions designated as appealable decisions for purposes of Part by European Communities (Life Assurance) Framework Regulations 1994 (S.I. No. 360 of 1994), reg. 40I, as inserted (10.06.2009) by European Communities (Assessment of Acquisitions In the Financial Sector) Regulations 2009 (S.I. No. 206 of 2009), reg. 5(d), commenced as per reg. 2.

E202

Decisions designated as appealable decisions for purposes of Part by European Communities (Reinsurance) Regulations 2006 (S.I. No. 380 of 2006), reg. 44, as substituted (10.06.2009) by European Communities (Assessment of Acquisitions In the Financial Sector) Regulations 2009 (S.I. No. 206 of 2009), reg. 6(c), commenced as per reg. 2.

E203

Decisions designated as appealable decisions for purposes of Part by European Communities (Markets in Financial Instruments) Regulations 2007 (S.I. No. 60 of 2007), reg. 187C(3), as inserted (10.06.2009) by European Communities (Assessment of Acquisitions In the Financial Sector) Regulations 2009 (S.I. No. 206 of 2009), reg. 7(c), commenced as per reg. 2.

E204

Decisions designated as appealable decisions for the purposes of Pt. VIIA of Act by Central Bank Act 1997 (8/1997), s. 34C as inserted (1.02.2008) by Markets in Financial Instruments and Miscellaneous Provisions Act 2007 (37/2007), s. 19(i), S.I. No. 782 of 2008.

E205

Decisions designated as appealable decisions for the purposes of Pt. VIIA of Act (1.11.2007) by European Communities (Markets in Financial Instruments) Regulations 2007 (S.I. No. 60 of 2007), reg. 191, commenced as per reg. 1(2), as amended (10.06.2009) by European Communities (Assessment of Acquisitions in the Financial Sector) Regulations 2009 (S.I. No. 206 of 2009), reg. 7(d), in force as per reg. 2.

E206

Decisions designated as appealable decisions for the purpose of Pt. VIIA of Act (1.06.2007) by European Communities (Insurance and Reinsurance Groups Supplementary Supervision) Regulations 2007 (S.I. No. 366 of 2007), reg. 14(12), commenced as per reg. 1(2).

E207

Decisions designated as appealable decisions for the purpose of Pt. VIIA of Act (15.07.2006) by European Communities (Reinsurance) Regulations 2006 (S.I. No. 380 of 2006), reg. 50, commenced as per reg. 1(2).

E208

Decisions designated as appealable decisions for the purpose of Pt. VIIA of Act (14.01.2005) by European Communities (Insurance Mediation) Regulations 2005 (S.I. No. 13 of 2005), reg. 40, commenced as per reg. 1(2).

E209

Decisions designated as appealable decisions for the purpose of Pt. VIIA of Act (1.01.2005) by European Communities (Financial Conglomerates) Regulations 2004 (S.I. No. 727 of 2004), reg. 18(12), commenced as per reg. (1)2.

E210

Previous affecting provision: decisions designated as appealable decisions for the purposes of Part (31.03.2014) by European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014), reg. 20; deleted (4.11.2014) by European Union (Single Supervisory Mechanism) Regulations 2014 (S.I. No. 495 of 2014), reg. 46, in force as per reg. 1(2).

E211

Previous affecting provisions: decisions designated as appealable decisions for the purposes of Pt. VIIA of Act (1.11.2009) by European Communities (Payment Services) Regulations 2009 (S.I. No. 383 of 2009), reg. 104, commenced as per reg. 2(2); revoked (13.01.2018) by European Union (Payment Services) Regulations 2018 (S.I. No. 6 of 2018), reg. 138, in effect as per reg. 1(2).

E212

Previous affecting provision: decisions designated as appealable decisions for purposes of Part by European Communities (Licensing and Supervision of Credit Institutions) Regulations 1992 (S.I. No. 395 of 1992), regs. 14H and 14M(3) as inserted (10.06.2009) by European Communities (Assessment of Acquisitions In the Financial Sector) Regulations 2009 (S.I. No. 206 of 2009), reg. 3(d), commenced as per reg. 2; revoked (31.03.2014) by European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014), reg. 161(a).

E213

Previous affecting provision: decisions designated as appealable decisions for the purposes of Pt. VIIA of Act by European Communities (Consolidated Supervision of Credit Institutions) Regulations 1992 (S.I. No. 396 of 1992), reg. 11A(23) as inserted (1.01.2005) by European Communities (Consolidated Supervision of Credit Institutions) (Amendment) Regulations 2004 (S.I. No. 730 of 2004), reg. 5, commenced as per reg. 1(2); both revoked (19.12.2009) by European Communities (Credit Institutions) (Consolidated Supervision) Regulations 2009 (S.I. No. 475 of 2009), reg. 27, commenced as per reg. 2.

E214

Previous affecting provisions: decisions designated as appealable decisions by European Communities (Supplementary Supervision of Insurance Undertakings in an Insurance Group) Regulations 1999 (S.I. No. 399 of 1999), reg. 11A(13) as inserted (1.01.2005) by European Communities (Supplementary Supervision of Insurance Undertakings in an Insurance Group) (Amendment) Regulations 2004 (S.I. No. 371 of 2004), reg. 10, commenced as per reg. 1(2); both revoked (1.06.2007) by European Communities (Insurance and Reinsurance Groups Supplementary Supervision) Regulations 2007 (S.I. No. 366 of 2007), reg. 20, commenced as per reg. 1(2).

57A

F397 [ Interpretation: Part VIIA and Schedule 5.

57A

57A. (1) In this Part and Schedule 5

affected person means a person whose interests are directly or indirectly affected by an appealable decision;

appeal means an appeal under this Part;

F398 [ appealable decision means a decision of the F399 [ Bank ] that is declared by a provision of this Act, or of a designated enactment or designated statutory instrument, to be an appealable decision for the purposes of this Part; ]

appellant means a person who has lodged an appeal;

Chairperson means the Chairperson of the Appeals Tribunal;

Deputy Chairperson means the Deputy Chairperson of the Appeals Tribunal;

lay member means a member of the Appeals Tribunal other than the Chairperson and Deputy Chairperson;

member means a member of the Appeals Tribunal;

party , in relation to proceedings before the Appeals Tribunal, means either the appellant or the F399 [ Bank ] as respondent;

Registrar means the Registrar of the Appeals Tribunal;

the rules means rules of the Appeals Tribunal made and in force under section 57AI.

(2) F400 [ ]

(3) F400 [ ]

F398 [ (2) ] For the purposes of this Part, a decision made by a member of the F399 [ Bank ] or by any person acting under the authority of F399 [ the Bank ] is taken to be a decision of F399 [ the Bank ] . ]

F401 [ (3) For the purposes of this Part, an appealable decision does not include a decision of the ECB pursuant to the SSM Regulation. ]

F402 [ (4) For the purposes of this Part, an appealable decision does not include a decision of the SRB pursuant to the SRM Regulation. ]

Annotations:

Amendments:

F397

Part VIIA (ss. 57A-57AZ) inserted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 28, S.I. No. 454 of 2004, subject to transitional provisions in s. 36 and sch. 3.

F398

Substituted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004), s. 11(a) and (c), S.I. No. 455 of 2004, subject to transitional provisions in s. 35 and sch. 5.

F399

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

F400

Deleted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004), s. 11(b), S.I. No. 455 of 2004, subject to transitional provisions in s. 35 and sch. 5.

F401

Inserted (4.11.2014) by European Union (Single Supervisory Mechanism) Regulations 2014 (S.I. No. 495 of 2014), reg. 9.

F402

Inserted (1.01.2016) by European Union (Single Resolution Mechanism) Regulations 2015 (S.I. No. 568 of 2015), reg. 3(e), in effect as per reg. 1(2).