Central Bank (Supervision and Enforcement) Act 2013

SCHEDULE 4

Amendments of Certain Statutory Instruments

PART 1

Amendments of European Communities (Markets in Financial Instruments) Regulations 2007

Section 5(3) .

( S.I. No. 60 of 2007)

Item

(1)

Provision affected

(2)

Amendment

(3)

1

Regulation 3(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

Regulation 6(7)

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

3

Regulation 14(1)( b)

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

4

Regulation 147(1)( g)(ii)

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 European Communities (Insurance and Reinsurance Groups Supplementary Supervision) Regulations 2007

Section 5(3) .

( S.I. No. 366 of 2007)

Item

(1)

Provision affected

(2)

Amendment

(3)

1

Regulation 3(1)

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

2

Regulation 9(7)

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

PART 3

Amendments of European Communities (Information on the Payer Accompanying Transfers of Funds) Regulations 2007

Section 5(3) .

Item

(1)

Provision affected

(2)

Amendment

(3)

1

Regulation 1

Insert the following definition:

“‘authorised officer’ means an authorised officer appointed under Part 3 of the Central Bank (Supervision and Enforcement) Act 2013;”.

2

Regulation 4

Substitute the following for Regulation 4:

“4. For the purpose of ensuring compliance with the Parliament and Council Regulation, an authorised officer may exercise any of the powers conferred on him or her under Part 3 of the Central Bank (Supervision and Enforcement) Act 2013.”.

PART 4

Amendment of European Communities (Reorganisation and Winding-up of Credit Institutions) Regulations 2011

( S.I. No. 48 of 2011)

Item

(1)

Provision affected

(2)

Amendment

(3)

1

Regulation 2(2)

Insert the following subparagraph after subparagraph (x):

“(xi) a direction given by the Bank under Part 7 of the Central Bank (Supervision and Enforcement) Act 2013 that contains a declaration that it or part of it is made with the intention of preserving or restoring the financial position of a credit institution, where the direction is capable of affecting the rights of third parties existing before the direction comes into effect.”.