Central Bank and Credit Institutions (Resolution) Act 2011

41.

Circulation of draft report for comment.

41.— (1) Before making a report to the Bank under section 42 , the Assessor shall, subject to subsection (2) , send a draft of the report to—

( a) each person who made a submission to the Assessor, and

( b) any other person, or each person in any class of persons, that the Bank specifies in writing,

inviting the person to make written submissions concerning the draft report and specifying a reasonable period in which to do so.

(2) The Assessor may, instead of sending the entire draft of the report—

( a) in respect of each person mentioned in paragraph (a) or (b) of subsection (1), send to the person the part of the draft report that is relevant to that person, or

( b) omit from the draft report any evidence or material if including that evidence or material would, in the Assessor’s opinion, disclose commercially sensitive information or would otherwise be contrary to the public interest.

(3) Before making the report to the Bank under section 42 , the Assessor shall consider any submissions made in accordance with the Assessor’s invitation under subsection (1) and shall revise the report as appropriate.

(4) A person to whom the Assessor sends a copy of a draft report, or of a part of a draft report, under subsection (1) commits an offence if he or she discloses the report or its contents or any part of the report or its contents to any person other than for the purpose of obtaining professional advice.

(5) A person to whom a draft report of the Assessor or a part of it is disclosed (whether under subsection (4) for the purposes of obtaining professional advice or otherwise) commits an offence if he or she discloses the report or its contents, or any part of the report or its contents, to any other person other than for the purpose of obtaining professional advice.

(6) A person who contravenes subsection (4) or (5) commits an offence and is liable—

( a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or

( b) on conviction on indictment to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 3 years, or both.

(7) If an offence under this section is committed by a body corporate and is proved to have been committed with the consent or connivance, or to be attributable to any wilful neglect, of a person who, when the offence is committed, is—

( a) a director, manager, secretary or other officer of the body corporate or a person purporting to act in that capacity, or

( b) a member of the committee of management or other controlling authority of the body corporate or a person purporting to act in that capacity,

that person is taken to have also committed an offence and may be proceeded against and punished in accordance with subsection (8).

(8) A person referred to in subsection (7) is liable—

( a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or

( b) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 3 years, or both.