Central Bank Reform Act 2010

41

Head of Financial Regulation to prepare report.

F43[41. (1) Where the Head of Financial Regulation has completed an investigation under this Chapter, he or she shall, after considering—

(a) the notice under section 25A(1),

(b) any relevant information or evidence gathered or received by the Head of Financial Regulation in the course of the investigation, and

(c) any response made by the person to whom the investigation relates in accordance with a statement referred to in section 25A(2)(c), and any other relevant submission or statement made by the person in the course of the investigation,

as soon as practicable prepare a draft report of the investigation.

(2) The Head of Financial Regulation shall, as soon as practicable after preparing the draft report, serve on the person whose fitness and probity was the subject of the investigation, and any regulated financial service provider or holding company concerned—

(a) a copy of the draft report,

(b) a copy of this section, and

(c) a notice in writing stating that the person, and any regulated financial service provider or holding company concerned, may make submissions in writing to the Head of Financial Regulation on the draft report within the period stated in the notice, which shall be—

(i) 7 days from the date on which the notice is served, or

(ii) such longer period as the Head of Financial Regulation considers necessary to provide an opportunity to respond.

(3) The Head of Financial Regulation shall, as soon as practicable after the end of the period referred to in paragraph (c) of subsection (2), and having considered any submissions made in accordance with that paragraph, make any revisions to the draft report that in the opinion of the Head of Financial Regulation are warranted, and finalise the report.

(4) The Head of Financial Regulation shall not make any recommendation, or express any opinion, in a draft report under subsection (1) or in a final report under subsection (3), as to whether any prohibition (or, if so, what prohibition) should be imposed under section 43 if the Bank or the Governor forms the opinion referred to in subsection (1) of that section.

(5) The Head of Financial Regulation shall, as soon as practicable after the report has been finalised under subsection (3), provide to the Bank and the Governor, and serve on the person whose fitness and probity was the subject of the investigation, and any regulated financial service provider or holding company concerned a copy of—

(a) the final report, and

(b) any submissions made in accordance with paragraph (c) of subsection (2).]

Annotations

Amendments:

F43

Substituted (19.04.2023) by Central Bank (Individual Accountability Framework) Act 2023 (5/2023), s. 25, S.I. No. 176 of 2023, subject to transitional provision in s. 89(3).

Editorial Notes:

E38

Previous affecting provision: procedures prescribed regarding conclusion of investigation and delivery of reports under section (24.02.2012) by Central Bank Reform Act 2010 (Procedures Governing the Conduct of Investigations) Regulations 2012 (S.I. No. 56 of 2012), regs. 11 to 13; section substituted (19.04.2023) by Central Bank (Individual Accountability Framework) Act 2023 (5/2023), s. 25, S.I. No. 176 of 2023, subject to transitional provision in s. 89(3).

E39

Previous affecting provision: standard of proof prescribed in respect of findings made by Deputy Governor as part of a report under section (24.02.2012) by Central Bank Reform Act 2010 (Procedures Governing the Conduct of Investigations) Regulations 2012 (S.I. No. 56 of 2012), reg. 11; section substituted (19.04.2023) by Central Bank (Individual Accountability Framework) Act 2023 (5/2023), s. 25, S.I. No. 176 of 2023, subject to transitional provision in s. 89(3).