Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

2.

Interpretation.

2.— (1) In this Act—

F1 [ Data Protection Regulation means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 38 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); ]

F2 [ Fourth Money Laundering Directive means Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 2 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC; ]

F3 [ ]

“Minister” means the Minister for Justice, Equality and Law Reform;

“money laundering” means an offence under Part 2 ;

F1 [ personal data means personal data within the meaning of

(i) the Data Protection Act 1988 ,

(ii) the Data Protection Regulation, or

(iii) Part 5 of the Data Protection Act 2018; ]

“prescribed” means prescribed by the Minister by regulations made under this Act;

“property” means all real or personal property, whether or not heritable or moveable, and includes money and choses in action and any other intangible or incorporeal property;

“terrorist financing” means an offence under section 13 of the Criminal Justice (Terrorist Offences) Act 2005;

“Third Money Laundering Directive” means Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing 2, as amended by the following:

( a) Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC 3;

( b) Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC 4.

F4 [ (2) A word or expression used in this Act and also used in the Fourth Money Laundering Directive has, unless the contrary intention appears, the same meaning in this Act as in that Directive. ]

Annotations:

Amendments:

F1

Inserted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 213(a), S.I. No. 174 of 2018.

F2

Inserted (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26/2018), s. 3(a)(ii), S.I. No. 486 of 2018.

F3

Deleted (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26/2018), s. 3(a)(i), S.I. No. 486 of 2018.

F4

Substituted (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26/2018), s. 3(b), S.I. No. 486 of 2018.

2 OJ No. L 141, 5.6.2015, p. 73

3 OJ L 319, 5.12.2007, p.1

38 OJ No. L 119, 4.5.2016, p.1

4 OJ L 267, 10.10.2009, p.7