Central Bank Act 1997

Amendment of section 16 of Act of 1989.

52

52.Section 16 (as amended by section 50 of the Stock Exchange Act, 1995, and section 49 of the Investment Intermediaries Act, 1995), of the Act of 1989, is hereby amended—

(a) by the substitution of the following for paragraph (e) of subsection (2)—

“(e) made to an authority in a jurisdiction other than that of the State duly authorised to exercise functions similar to any one or more of the statutory functions of the Bank and which has obligations in respect of non-disclosure of information similar to the obligations imposed on the Bank under this section and the Bank may require from a person it supervises any information for the purposes of assisting the authority in the jurisdiction other than the State, but the Bank may only require such information where the information requested is to assist the authority in the jurisdiction other than the State in the carrying out of its regulatory functions,”,

(b) by the insertion after subsection (2) (o) of the following paragraphs:

“(p) made to an officer of statistics as defined by section 20 of the Statistics Act, 1993, in connection with the collection, compilation, analysis or interpretation of data relating to balance of payments, national accounts or any other financial statistics for these purposes,

(q) made for the purpose of complying with section 57 (2) of the Criminal Justice Act, 1994,

(r) where the Bank is in receipt of information from an authority in a jurisdiction other than the State duly authorised to exercise functions similar to one or more of the statutory functions of the Bank and made with the permission of that authority,

(s) made to the Comptroller and Auditor General, or an officer, that is required for the performance of his functions,

(t) made to the European Monetary Institute where such disclosure is required in accordance with the Treaty on European Union,

(u) made to the Minister for the Environment for the purposes of his or her functions under the national housing programme, in respect of a mortgage lender.”,

and

(c) by the insertion after subsection (6) of the following subsection:

“(7) An officer of statistics who receives information from the Bank under section 16 (2) (p) shall be bound by the provisions of this section with regard to the disclosure of that information.”.