Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

F101 [ Appeal where application for certificate of fitness is refused

109E

109E. (1) If a Superintendent of the Garda S í och á na, or as the case may be, the Minister refuses an application for a certificate of fitness, he or she shall, on the request in writing of the applicant made not later than 14 days after the refusal, give the applicant a statement in writing of the reasons for the refusal.

(2) A person to whom a certificate of fitness has been refused may, not later than 14 days after receiving a statement in writing under subsection (1) , appeal the refusal to the District Court.

(3) A person who brings an appeal under this section shall, in such manner and within such period as may be prescribed give notice of the appeal to the Superintendent of the Garda S í och á na concerned or, as the case may be, the Minister.

(4) The District Court may, upon an appeal under this section, either

( a ) affirm the refusal, or

( b ) grant the appeal and direct the Superintendent of the Garda S í och á na concerned, or as the case may be, the Minister to issue a certificate of fitness to the appellant.

(5) The Superintendent of the Garda S í och á na concerned or, as the case may be, the Minister shall comply with a direction of the District Court under this section not later than 3 days after the giving of the direction.

(6) The respondent in an appeal under this section shall not be entitled to advance as a reason for opposing an appeal under this section a reason not specified in a statement of the reasons for a refusal given to the appellant pursuant to a request under subsection (1) .

(7) If the District Court affirms a refusal under subsection (4)(a) , it may also make an order requiring the appellant to pay the costs incurred by the respondent in defending the appeal and may determine the amount of such costs.

(8) There shall be no appeal to the Circuit Court from a decision of the District Court under this section.

(9) An appeal under this section by a person ordinarily resident in the State shall be brought before a judge of the District Court assigned to the District Court district

( a ) in which he or she ordinarily resides, or

( b ) in which the private members club concerned is located or is proposed to be located.

(10) An appeal under this section by a person not ordinarily resident in the State shall be brought before a judge of the District Court assigned to the Dublin Metropolitan District. ]

Annotations:

Amendments:

F101

Inserted (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26/2018), s. 35, S.I. No. 486 of 2018.

Editorial Notes:

E51

The section heading is taken from the amending section in the absence of one included in the amendment.