Central Bank Act 1942

F427 [ F428 [ Bank ] may refuse reasons in certain cases.

57O

57O. (1) The F428 [ Bank ] may refuse to prepare and provide a statement of reasons requested by a person under section 57N if

( a ) it is of the opinion that the person is not entitled to be given the statement, or

( b ) in the case of a decision the terms of which were recorded in writing and set out in a document that was provided to the person the request was not made within 28 days after the person was provided with the document, or

( c ) in any other case the request was not made within a reasonable time after the decision was made.

(2) If the F428 [ Bank ] refuses under subsection (1) to prepare and give a statement of reasons, it shall, in writing, notify the person making the request of the refusal and of the reasons for the refusal as soon as practicable (and in any case not later than 28 days) after the date on which the request was made.

(3) The F428 [ Bank ] may not refuse to prepare and provide a statement of reasons if

( a ) in the case of a refusal based on subsection (1)( a ) the Appeals Tribunal makes an order declaring, on an application made under section 57P(1), that the person who made the request was entitled to make the request, or

( b ) in the case of a refusal based on subsection (1)( c ) the Appeals Tribunal makes an order declaring, on an application made under section 57Q(2), that the person who made the request did so within a reasonable time.

(4) If the F428 [ Bank ] may not refuse to comply with a request for a statement of reasons because of an order of the Appeals Tribunal referred to in subsection (3)( a ) or ( b ), it shall prepare the written statement of reasons that was originally requested and give it to the person who requested it as soon as practicable (and in any case not later than 28 days) after being notified of the order. ]

Annotations:

Amendments:

F427

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.

F428

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