Central Bank (Supervision and Enforcement) Act 2013

SCHEDULE 3

Amendments of Certain other Acts

PART 1

Amendments of Investment Intermediaries Act 1995

Section 5(2) .

Item

(1)

Provision affected

(2)

Amendment

(3)

1

Section 2(1)

In the definition of “authorised officer” substitute “ Part 3 of the Central Bank (Supervision and Enforcement Act 2013)” for “Part 5 of the Central Bank Reform Act 2010”.

2

Section 20(6)

Substitute Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “Part 5 of the Central Bank Reform Act 2010”.

PART 2

Amendments of Credit Union Act 1997

Section 5(2) .

Item

(1)

Provision affected

(2)

Amendment

(3)

1

Section 90

In subsections (1) and (3) substitute Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “Part 5 of the Central Bank Reform Act 2010”.

2

Section 91

Substitute the following for subsection (1):

“(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, voluntary assistant, 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 the possession or power of the credit union or such person 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. ”.

3

Section 93(1)

Substitute the following for paragraph ( b):

“( b) ‘agent’ has the same meaning as in section 21 of the Central Bank (Supervision and Enforcement) Act 2013.”.

4

Section 95

In subsection (1) substitute “, after the exercise by an authorised officer of any of his or her powers under Part 3 of the Central Bank (Supervision and Enforcement) Act 2013,” for “, after an inspection under section 90,”.

5

Section 95A (inserted by the Credit Union and Co-operation with Overseas Regulators Act 2012)

In subsection (1) substitute “after the exercise by an authorised officer of any of his or her powers under Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “after an inspection under section 90”.

6

Section 96(1)

Substitute “after the exercise by an authorised officer of any of his or her powers under Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “after an inspection under section 90”.

7

Section 186(3)

Insert “or Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” after “this Act”.

PART 3

Amendments of Investor Compensation Act 1998

Section 5(2) .

Item

(1)

Provision affected

(2)

Amendment

(3)

1

Section 9

( a) Substitute the following for subsection (1):

“(1) In this section “Act of 2013” means the Central Bank (Supervision and Enforcement) Act 2013.”.

( b) Substitute “ Part 3 of the Act of 2013” for “Part 5 of the Act of 2010” in each place.

2

Section 33(2)

Substitute Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “Part 5 of the Central Bank Reform Act 2010”.

PART 4

Amendment of Financial Services (Deposit Guarantee Scheme) Act 2009

Section 5(2).

Item

(1)

Provision affected

(2)

Amendment

(3)

1

Section 9

Substitute the following for subsection (3):

“(3) Summary proceedings for an offence under this Act may be brought and prosecuted by the Bank.”.