Markets in Financial Instruments and Miscellaneous Provisions Act 2007


Number 37 of 2007


MARKETS IN FINANCIAL INSTRUMENTS AND MISCELLANEOUS PROVISIONS ACT 2007

REVISED

Updated to 29 October 2018


This Revised Act is an administrative consolidation of the Markets in Financial Instruments and Miscellaneous Provisions Act 2007. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, and all statutory instruments up to and including Public Health (Alcohol) Act 2018 (Commencement) Order 2018 (S.I. No. 448 of 2018), made 1 November 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 37 of 2007


MARKETS IN FINANCIAL INSTRUMENTS AND MISCELLANEOUS PROVISIONS ACT 2007

REVISED

Updated to 29 October 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Ministerial and Parliamentary Offices Acts 1938 to 2018: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Companies (Statutory Audits) Act 2018 (22/2018), s. 1(4)). The Acts in this group are:

Ministerial and Parliamentary Offices Act 1938 (38/1938)

Ministerial and Parliamentary Offices (Amendment) Act 1949 (21/1949)

Ministerial and Parliamentary Offices (Amendment) Act 1952 (19/1952)

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1960 (12/1960), Part III

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1964 (14/1964), Part III

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1968 (22/1968), Part III

Ministerial and Parliamentary Offices Act 1972 (21/1972)

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1973 (22/1973), Part III

Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1977 (29/1977), Part III

Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1983 (32/1983), in so far as it amends the Ministerial and Parliamentary Offices Acts 1938 to 1977

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992 (3/1992), in so far as it amends the Ministerial and Parliamentary Offices Acts 1938 to 1983

Oireachtas (Miscellaneous Provisions) and Ministerial and Parliamentary Offices (Amendment) Act 1996 (39/1996), s. 5 and s. 7 (other than subs. (2))

Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (5/1998), in so far as it extends or amends the Ministerial and Parliamentary Offices Acts 1938 to 1996

Oireachtas (Ministerial and Parliamentary Offices) Act 2001 (30/2001)

Public Service Superannuation (Miscellaneous Provisions) Act 2004 (7/2004), s. 11 and sch. 2 part 1

Markets in Financial Instruments and Miscellaneous Provisions Act 2007 (37/2007) s. 16

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009 (29/2009), other than ss. 2 and 3

Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014 (6/2014)

Companies (Statutory Audits) Act 2018 (22/2018), s. 69

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1982, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Markets in Financial Instruments Act 2018 (25/2018)

Criminal Justice Act 2011 (22/2011)

Central Bank Reform Act 2010 (23/2010)

National Asset Management Agency Act 2009 (34/2009)

Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009 (29/2009)

Investment of the National Pensions Reserve Fund and Miscellaneous Provisions Act 2009 (7/2009)

Central Bank Act 1942 (22/1942)

All Acts up to and including Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (Section 11) Order 2015 (S.I. No. 527 of 2015)

European Communities (Assessment of Acquisitions in the Financial Sector) Regulations 2009 (S.I. No. 206 of 2009)

Markets in Financial Instruments and Miscellaneous Provisions Act 2007 (Commencement) (No. 2) Order 2007 (S.I. No. 782 of 2007)

Markets in Financial Instruments and Miscellaneous Provisions Act 2007 (Commencement) Order 2007 (S.I. No. 730 of 2007)

European Communities (Markets in Financial Instruments) (Amendment) Regulations 2007 (S.I. No. 663 of 2007)

European Communities (Markets in Financial Instruments) Regulations 2007 (S.I. No. 60 of 2007)

All statutory instruments up to and including Public Health (Alcohol) Act 2018 (Commencement) Order 2018 (S.I. No. 448 of 2018), made 1 November 2018, were considered in the preparation of this revision.


Number 37 of 2007


MARKETS IN FINANCIAL INSTRUMENTS AND MISCELLANEOUS PROVISIONS ACT 2007

REVISED

Updated to 29 October 2018


ARRANGEMENT OF SECTIONS

PART 1

Markets in Financial Instruments

Section

1. Short title and collective citation.

2. Commencement.

3. Interpretation.

4. Expenses.

5. Penalties for conviction on indictment of Irish investment services law. (Repealed)

6. Fees payable under section 33K of Central Bank Act 1942.

6A. Regulations in relation to transparency in trading in certain financial instruments.

7. Amendments to Central Bank Act 1942.

8. Repeal of Stock Exchange Act 1995.

PART 2

Miscellaneous

9. Penalties for conviction on indictment of European Communities (Reinsurance) Regulations.

10. Amendment to section 1 of Netting of Financial Contracts Act 1995.

11. Amendments to Investment Intermediaries Act 1995.

12. Amendments to Insurance (Miscellaneous Provisions) Act 1985.

13. Amendments to Central Bank Act 1942.

14. Amendments to National Treasury Management Agency (Amendment) Act 2000.

15. Amendments to Finance Act 1993.

16. Amendments to Ministerial and Parliamentary Offices Act 1938.

17. Amendment to section 35 of Credit Union Act 1997.

18. Amendment of Insurance Act 1936 and certain statutory regulations.

19. Amendment of Central Bank Act 1997.

20. Amendment of Freedom of Information Act 1997.

21. Revocation of Credit Union Act 1997 (Alteration of Financial Limits) Regulations 2007.

22. Amendment of Investor Compensation Act 1998.

23. Further amendment of Investor Compensation Act 1998.

24. Amendment of section 2(1) of National Pensions Reserve Fund Act 2000.

25. Amendment of Ordnance Survey Ireland Act 2001.



Number 37 of 2007


MARKETS IN FINANCIAL INSTRUMENTS AND MISCELLANEOUS PROVISIONS ACT 2007

REVISED

Updated to 29 October 2018


AN ACT TO MAKE PROVISION IN RELATION TO MARKETS IN FINANCIAL INSTRUMENTS AND TO MAKE MISCELLANEOUS AMENDMENTS TO FINANCIAL SERVICES LEGISLATION AND TO THE MINISTERIAL AND PARLIAMENTARY OFFICES ACT 1938, THE NATIONAL PENSIONS RESERVE FUND ACT 2000, THE ORDNANCE SURVEY IRELAND ACT 2001, AND TO THE FREEDOM OF INFORMATION ACT 1997.

[31 st October, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Editorial Notes:

E1

Offences under Act excluded from application of Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 11 (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (Section 11) Order 2015 (S.I. No. 527 of 2015), arts. 3, 4 and sch., in effect as per art. 1(2).

E2

Part 1 and ss. 9 to 11, 13 and 17 included in definition of “designated enactments” for purposes of Central Bank Act 1942 (22/1942) by Central Bank Act 1942 (22/1942), s. 2(1) and sch. 2 part 1 item 34, as substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(1) and sch. 1 part 1 items 6 and 82, S.I. No. 469 of 2010.