Central Bank (Supervision and Enforcement) Act 2013

71.

Amendment of section 33BC of Act of 1942.

71.— The following is substituted for section 33BC of the Act of 1942:

“Publication by Bank of certain information relating to imposition of administrative sanctions.

33BC.— (1) If on the holding of an inquiry under section 33AO the Bank has found that—

( a) a regulated financial service provider is committing or has committed a prescribed contravention, or

( b) a person concerned in the management of the financial service provider is participating or has participated in such a contravention,

it shall publish, subject to subsection (4), in such form and manner as it thinks appropriate, the finding and such (if any) of the particulars specified in subsection (3) as it thinks appropriate.

(2) If the Bank has, in accordance with section 33AR, imposed—

( a) a sanction on a regulated financial service provider in respect of the commission of a prescribed contravention, or

( b) a sanction on a person concerned in the management of a financial service provider in respect of the person’s participation in the commission by the financial service provider of such a contravention,

it shall publish, subject to subsection (4), in such form and manner as it thinks appropriate, such (if any) of the particulars specified in subsection (3) as it thinks appropriate.

(3) The particulars referred to in subsections (1) and (2) are as follows:

( a) the name of the regulated financial service provider or person concerned on whom a sanction has been imposed;

( b) details of the prescribed contravention in respect of which the sanction has been imposed;

( c) details of the sanction imposed;

( d) the grounds on which the finding is based.

(4) Subsections (1) and (2) do not apply to the finding or particulars specified in subsection (3)—

( a) if publication of the finding or particulars involves the disclosure of confidential information the disclosure of which is prohibited by the Rome Treaty, the ESCB Statute or the Supervisory Directives (within the meaning of section 33AK(10)), or

( b) if the Bank determines—

(i) that the finding or particulars are of a confidential nature or relate to the commission of an offence against a law of the State, or

(ii) that publication of the finding or particulars would unfairly prejudice a person’s reputation.

(5) The Bank shall publish annually, in a summary form, information on its actions under this Part.”.