Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

Chapter 8

Monitoring of designated persons

60.

Meaning of “competent authority”.

60.— (1) Subject to section 61 , a reference in this Part to the competent authority for a designated person is a reference to the competent authority prescribed for the class of designated persons to which the designated person belongs.

(2) If no such competent authority is prescribed, a reference in this Part to the competent authority is a reference to the following:

( a) in the case of a designated person that is a credit institution or a financial institution, the F81 [ Central Bank of Ireland ];

( b) in the case of a designated person who is an auditor, external accountant, tax adviser or trust or company service provider—

(i) if the person is a member of a designated accountancy body, the designated accountancy body, or

(ii) if the person is not a member of a designated accountancy body and is a body corporate, or a body of unincorporated persons, carrying out its functions under this Part F82 [ through officers and members ] of it who are members of a designated accountancy body, the designated accountancy body;

( c) in the case of a designated person who is a solicitor, the Law Society of Ireland;

( d) in the case of a designated person who is a barrister, the General Council of the Bar of Ireland;

( e) in the case of any designated person other than a designated person referred to in paragraph (a), (b), (c) or (d), the Minister.

(3) The Minister may prescribe a competent authority for a class of designated persons, for the purpose of subsection (1), only if the Minister is satisfied that the competent authority is more appropriate than the competent authority specified in subsection (2) for the class of designated persons, having regard to the nature of the business activities engaged in by that class.

Annotations:

Amendments:

F81

Substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 15(14) and sch. 2 part 14 par. 33, S.I. No. 469 of 2010.

F82

Substituted (14.06.2013) by Criminal Justice Act 2013 (19/2013), s. 13, S.I. No. 196 of 2013.

F83

Inserted by Legal Services Regulation Act 2015 (65/2015), s. 214, not commenced as of date of revision.

Modifications (not altering text):

C5

Prospective affecting provision: para. (d) amended and para. (da) inserted by Legal Services Regulation Act 2015 (65/2015), s. 214, not commenced as of date of revision.

( d) in the case of a designated person who is a barrister F83 [ who is a member of the Law Library ], the General Council of the Bar of Ireland;

F83 [ ( da ) in the case of a designated person who is a barrister who is not a member of the Law Library, the Legal Services Regulatory Authority; ]

Editorial Notes:

E35

Power pursuant to subs. (3) exercised (1.09.2016) by Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority and State Competent Authority) Regulations 2016 (S.I. No. 453 of 2016), in effect as per reg. 2.

E36

Powers pursuant to subs. (3) exercised (3.03.2014) by Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority) Regulations 2014 (S.I. No. 79 of 2014), in effect as per reg. 2.