Credit Union and Co-operation with Overseas Regulators Act 2012

SCHEDULE 4

Amendments of Certain Other Acts

PART 1

Amendments of Building Societies Act 1989

Item

(1)

Provision affected

(2)

Amendment

(3)

1

Section 119(1)( a)

( a) In subparagraph (v) substitute “section 41A” for “sections 41 or 41A”.

( b) Delete subparagraph (vii).

PART 2

Amendment of Trustee Savings Banks Act 1989

Item

(1)

Provision affected

(2)

Amendment

(3)

1

Section 62(1)

Delete “24A,”.

PART 3

Amendment of Investment Limited Partnerships Act 1994

Item

(1)

Provision affected

(2)

Amendment

(3)

1

Section 25(4)

In paragraph ( a) delete the definition of “appropriate person”.

PART 4

Amendments of Consumer Credit Act 1995

Item

(1)

Provision affected

(2)

Amendment

(3)

1

Section 8G(1)

( a) In the definition of “authorised officer” substitute “8M” for “8L”.

( b) Delete the definition of “responsible authority”.

2

Section 8M

( a) In subsection (1) substitute “The Minister” for “A responsible authority”.

( b) In subsection (3) substitute “The Minister” for “A responsible authority”.

( c) In subsection (5)—

(i) in paragraph ( a) substitute “the Minister” for “the responsible authority concerned”, and

(ii) in paragraph ( c) substitute “the Minister” for “the responsible authority”.

PART 5

Amendments of Investment Intermediaries Act 1995

Item

(1)

Provision affected

(2)

Amendment

(3)

1

Section 2(1)

Substitute the following for the definition of “authorised officer”:

“‘authorised officer’ means a person appointed to be an authorised officer under Part 5 of the Central Bank Reform Act 2010;”.

2

Section 20(6)

Substitute “section 19 of this Act and Part 5 of the Central Bank Reform Act 2010” for “sections 19 and 65 of this Act”.

3

Section 79(1)

Substitute “21(10)” for “21(9)”.

PART 6

Amendments of Credit Union Act 1997

Item

(1)

Provision affected

(2)

Amendment

(3)

1

Section 90

Substitute the following for section 90:

“90.—(1) In this section and section 91 ‘authorised officer’ means an authorised officer appointed under Part 5 of the Central Bank Reform Act 2010.

(2) The Bank may appoint an authorised officer to carry out an inspection and to provide a report of the inspection to the Bank.

(3) An authorised officer may, for the purposes of carrying out an inspection, exercise any of the powers conferred on an authorised officer under Part 5 of the Central Bank Reform Act 2010. ”.

2

Section 91

( a) Substitute the following for subsections (1) and (2):

“(1) If required to do so by notice in writing served by the Bank at any time—

( a) a credit union,

( b) any person who is or has been an officer, member, agent or liquidator of a credit union, and

( c) any other person who has in his or her possession or power any books or documents relating to a credit union, shall furnish to the Bank such books or documents which relate to the credit union and are in his possession or power and such information relating to the business of the credit union as may be specified in the notice and as may be reasonably required by the Bank in the exercise of its powers under this Act.

(2) If required to do so by a notice in writing served on it by the Bank, a credit union shall furnish to the Bank a financial statement or periodic financial statements in such form and containing such information as may be specified in the notice and as may be reasonably required by the Bank in the exercise of the powers of the Bank under this Act. ”.

( b) Substitute the following for subsection (4):

“(4) The Bank may take copies of or extracts from any item produced in compliance with a notice under subsection (1) or (2) and, if so required by the Bank, the person on whom a notice under subsection (1) was served or, in the case of a statement produced in compliance with a notice under subsection (2), a person who is or has been an officer, member, agent or liquidator of the credit union shall provide any explanation which may reasonably be required of an item so produced.”.

PART 7

Amendments of Investor Compensation Act 1998

Item

(1)

Provision affected

(2)

Amendment

(3)

1

Section 9

Substitute the following for section 9:

“(1) In this section ‘Act of 2010’ means the Central Bank Reform Act 2010.

(2) Where the supervisory authority forms the view that an insurance intermediary may be unable to repay money belonging to a client of the insurance intermediary, the supervisory authority may appoint an authorised officer under Part 5 of the Act of 2010 to investigate whether the insurance intermediary is unable to repay money or otherwise discharge its obligations towards clients of the insurance intermediary and to make a report to the supervisory authority in respect of the insurance intermediary.

(3) In relation to investment firms, an inspector appointed under the European Communities (Markets in Financial Instruments) Regulations 2007 ( S.I. No. 60 of 2007) shall, for the purposes of this section, have the powers conferred on an authorised officer appointed under Part 5 of the Act of 2010.

(4) In relation to investment firms which are credit institutions, an inspector appointed under section 45 of the Building Societies Act 1989 shall, for the purposes of this section, have the powers conferred on an authorised officer appointed under Part 5 of the Act of 2010.

(5) In relation to investment firms which are investment business firms, an inspector appointed under section 66 or 73 of the Investment Intermediaries Act 1995 shall, for the purposes of this section, have the powers conferred on an authorised officer appointed under Part 5 of the Act of 2010. ”.

2

Section 33(2)

( a) Substitute “Part 5 of the Central Bank Reform Act 2010” for “the Act of 1995 and the European Communities (Markets in Financial Instruments) Regulations 2007”.

( b) Substitute “Part of that Act” for “Act and those Regulations”.

PART 8

Amendment of Asset Covered Securities Act 2001

Item

(1)

Provision affected

(2)

Amendment

(3)

1

Section 98

In paragraph ( a) delete “or any person authorised by it to perform the relevant function on its behalf,”.