Central Bank Reform Act 2010

SCHEDULE 3

Amendments of statutory instruments

PART 1

Amendments of Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) Regulations 2004

Section 16(1) .

Item

Provision affected

Amendment

1

Schedule, item 257

Delete the item, substitute:

“257.

Central Bank of Ireland

Member of the Central Bank Commission

2

Schedule, item 271

Delete the item.

PART 2

Amendments of European Communities (Consumer Credit Agreements) Regulations 2010

Section 16(2) .

Item

Provision affected

Amendment

1

Regulation 25(5)

Delete “and Financial Services Authority”.

2

Regulation 26

Delete “Irish Financial Services Regulatory Authority”, substitute “Central Bank of Ireland”.

PART 3

Amendments of European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2006

Section 16(3) .

Item

Provision affected

Amendment

1

Regulation 2(1), definition of “Irish Financial Services Regulatory Authority”

Delete.

2

Schedule, item 3

Delete “Irish Financial Services Regulatory Authority”, substitute “Central Bank of Ireland”.

3

Schedule, item 13

Delete “Irish Financial Services Regulatory Authority”, substitute “Central Bank of Ireland”.

PART 4

Amendments of European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2003

Section 16(4) .

Item

Provision affected

Amendment

1

Regulation 2(1), definition of “Bank”

Delete “and Financial Services Authority”.

2

Regulation 98(8), definition of “qualified person”, paragraph ( a)

Substitute:

“( a) a member of the Central Bank Commission or an officer or employee of the Bank, or”.

3

Regulation 98(8), definition of “responsible authority”

Substitute:

“‘ responsible authority ’ means the Governor of the Bank or the Head of Financial Regulation of the Bank;”.

PART 5

Amendments of Market Abuse (Directive 2003/6/EC) Regulations 2005

Section 16(5) .

Item

Provision affected

Amendment

1

Regulation 2(1) (definition of “Bank”)

Delete “and Financial Services Authority”.

2

Regulation 27, definition of “responsible authority”

Substitute:

“‘ responsible authority ’ means—

( a) the Head of Financial Regulation of the Central Bank of Ireland, or

( b) any person to whom the Head of Financial Regulation has delegated responsibility for appointing authorised officers.”.

3

Regulation 28(4)( d)

Delete “Irish Financial Services Regulatory Authority”, substitute “Central Bank of Ireland”.

PART 6

Amendments of Prospectus (Directive 2003/71/EC) Regulations 2005

Section 16(6) .

Item

Provision affected

Amendment

1

Regulation 80, definition of “responsible authority”

Substitute:

“‘ responsible authority ’ means—

( a) the Head of Financial Regulation of the Central Bank of Ireland, or

( b) any person to whom the Head of Financial Regulation has delegated responsibility for appointing authorised officers.”.

2

Regulation 85(4)( d)

Delete “Irish Financial Services Regulatory Authority”, substitute “Central Bank of Ireland”.

PART 7

Amendment of Transparency (Directive 2004/109/EC) Regulations 2007

Section 16(7) .

Item

Provision affected

Amendment

1

Regulation 38, definition of “responsible authority”

Substitute:

“‘responsible authority’ means:

( a) the Head of Financial Regulation of the Central Bank of Ireland,

( b) the Chief Executive of IAASA, or

( c) any person to whom that Head or that Chief Executive has delegated the responsibility for appointing authorised persons.”.

PART 8

Provisions of statutory instruments amended by substituting “Central Bank of Ireland” for “Central Bank and Financial Services Authority of Ireland”

Section 16(11) .

1. European Communities (Non-Life Insurance) Regulations 1976 ( S.I. No. 115 of 1976), Regulation 2(1) (definition of “Bank”)

2. European Communities (Insurance Agents and Brokers) Regulations 1978 ( S.I. No. 178 of 1978), Regulation 2(1) (definition of “ Bank ”)

3. European Communities (Co-Insurance) Regulations 1983 ( S.I. No. 65 of 1983), Regulation 2 (definition of “Bank”)

4. European Communities (Life Assurance) Regulations 1984 ( S.I. No. 57 of 1984), Regulation 2(1) (definition of “Bank”)

5. European Communities (Non-Life Insurance) (Amendment) (No. 2) Regulations 1991 ( S.I. No. 142 of 1991), Regulation 2 (definition of “Bank”)

6. European Communities (Non-Life Insurance) (Legal Expenses) Regulations 1991 ( S.I. No. 197 of 1991), Regulation 2 (definition of “ Bank ”)

7. European Communities (Credit Institutions: Accounts) Regulations 1992 ( S.I. No. 294 of 1992), Regulation 2(1) (definition of “Bank”)

8. European Communities (Licensing and Supervision of Credit Institutions) Regulations 1992 ( S.I. No. 395 of 1992), Regulation 2(1) (definition of “Bank”)

9. European Communities (Non-Life Insurance) Framework Regulations 1994 ( S.I. No. 359 of 1994), Regulation 2(1) (definition of “Bank”)

10. European Communities (Life Assurance) Framework Regulations 1994 ( S.I. No. 360 of 1994), Regulation 2(1) (definition of “Bank”)

11. European Communities (Deposit Guarantee Schemes) Regulations 1995 ( S.I. No. 168 of 1995), Regulation 3(1) (definition of “Bank”)

12. European Communities (Non-Life Insurance Accounts) Regulations 1995 ( S.I. No. 202 of 1995), Regulation 2 (definition of “Bank”)

13. European Communities (Insurance Undertakings: Accounts) Regulations 1996 ( S.I. No. 23 of 1996), Regulation 2(1) (definition of “Bank”)

14. European Communities (Electronic Money) Regulations 2002 ( S.I. No. 221 of 2002), Regulation 2(1) (definition of “Bank”)

15. European Communities (Cross Border Payments in Euro) Regulations 2002 ( S.I. No. 335 of 2002), Regulation 2(1) (definition of “ Bank ”)

16. European Communities (Distance Marketing of Consumer Financial Services) Regulations 2004 ( S.I. No. 853 of 2004), Regulation 3(1) (definition of “the Bank”)

17. European Communities (Financial Conglomerates) Regulations 2004 ( S.I. No. 727 of 2004), Regulation 3(1) (definition of “the Bank”)

18. Central Bank Act 1942 (Sections 33J and 33K) Regulations 2004 ( S.I. No. 447 of 2004), Regulation 2 (definition of “ Bank ”)

19. European Communities (Reorganisation and Winding-up of Credit Institutions) Regulations 2004 ( S.I. No. 198 of 2004), Regulation 2(1) (definition of “ Bank ”)

20. European Communities (Insurance Mediation) Regulations 2005 ( S.I. No. 13 of 2005), regulation 3(1) (definition of “ the Bank ”)

21. Prospectus (Directive 2003/71/EC) Regulations 2005 ( S.I. No. 324 of 2005), Regulation 2(1) (definition of “ Bank ”)

22. Central Bank Act 1942 (Section 33K) Regulations 2005 ( S.I. No. 325 of 2005), Regulation 2 (definition of “Bank”)

23. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2006 ( S.I. No. 221 of 2006), Regulation 2(1) (definition of “Central Bank”)

24. European Communities (Award of Public Authorities’ Contracts) Regulations 2006 ( S.I. No. 329 of 2006), Regulation 13(1)

25. European Communities (Reinsurance) Regulations 2006 ( S.I. No. 380 of 2006), Regulation 3(1) (definition of “Bank”)

26. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Usama Bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations 2006 ( S.I. No. 432 of 2006), Regulation 2(1) (definition of “Central Bank”)

27. European Communities (Capital Adequacy of Investment Firms) Regulations 2006 ( S.I. No. 660 of 2006), Regulation 2(1) (definition of “Bank”)

28. European Communities (Capital Adequacy of Credit Institutions) Regulations 2006 ( S.I. No. 661 of 2006), Regulation 2(1) (definition of “Bank”)

29. European Communities (Award of Contracts by Utility Undertakings) Regulations 2007 ( S.I. No. 50 of 2007), Regulation 20(1)( e)

30. European Communities (Markets in Financial Instruments) Regulations 2007 ( S.I. No. 60 of 2007), Regulation 3(1) (definition of “ Bank ”)

31. Credit Union Act 1997 (Exemption From Additional Services Requirements) Regulations 2007 ( S.I. No. 107 of 2007), Regulation 2(1) (definition of “ Central Bank”)

32. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Usama Bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations 2007 ( S.I. No. 206 of 2007), Regulation 2(1) (definition of “ Central Bank”)

33. European Communities (Admissions to Listing and Miscellaneous Provisions) Regulations 2007 ( S.I. No. 286 of 2007), Regulation 2(1) (definition of “ Central Bank ”)

34. European Communities (Insurance and Reinsurance Groups Supplementary Supervision) Regulations 2007 ( S.I. No. 366 of 2007), Regulation 3(1) (definition of “ Bank ”)

35. National Oil Reserves Agency Act 2007 (Returns and Levy) Regulations 2007 ( S.I. No. 567 of 2007), Schedule 1 (twice occurring)

36. European Communities (Information on the Payer Accompanying Transfers of Funds) Regulations 2007 ( S.I. No. 799 of 2007), Regulation 2(1) (definition of “ Bank ”)

37. Private Security (Licensing and Standards) (Cash in Transit) Regulations 2007 ( S.I. No. 857 of 2007), Regulation 3 (definition of “ Central Bank ”)

38. European Communities (Settlement Finality) Regulations 2008 ( S.I. No. 88 of 2008), Regulation 2(1) (definition of “ Bank”)

39. Central Bank and Financial Services Authority of Ireland Superannuation Scheme 2008 ( S.I. No. 99 of 2008), Rule 3(1) (definition of “ Bank”)

40. European Communities (Cross-Border Mergers) Regulations 2008 ( S.I. No. 157 of 2008), Regulation 16(7)

41. European Communities (Payment Services) Regulations 2009 ( S.I. No. 383 of 2009), Regulation 3(1) (definition of “ Bank ”)

42. European Communities (Credit Institutions) (Consolidated Supervision) Regulations 2009 ( S.I. No. 475 of 2009), Regulation 3(1) (definition of “ Bank ”)

43. National Asset Management Agency (Determination of Long-term Economic Value of Property and Bank Assets) Regulations 2010 ( S.I. No. 88 of 2010), Regulation 5(2)( c)

44. European Communities (Republic of Guinea) (Financial Sanctions) Regulations 2010 ( S.I. No. 221 of 2010), Regulation 5

45. Financial Transfers (Republic of Guinea) (Prohibition) Order 2010 ( S.I. No. 222 of 2010), Article 5

46. European Communities (Slobodan Milosevic and Associated Persons) (Financial Sanctions) Regulations 2010 ( S.I. No. 224 of 2010), Regulation 5

47. Financial Transfers (Slobodan Milosevic and Associated Persons) (Prohibition) Order 2010 ( S.I. No. 225 of 2010), Article 5

48. European Communities (Credit Rating Agencies) Regulations 2010 ( S.I. No. 247 of 2010), Regulation 3(1) (definition of “Bank”).