Central Bank Act 1942

F262[Disclosure of information.

33AK

F263[33AK.(1) This subsection applies to the following persons:

(a) the Governor and every former Governor;

(b) every former Director of the Central Bank and Financial Services Authority of Ireland;

(c) every former member of the Irish Financial Services Regulatory Authority;

(d) every member and every former member of the Commission;

(e) every Head of Function and every former Head of Function;

(f) the Registrar of Credit Unions and every former Registrar of Credit Unions;

(g) every other officer or employee and every other former officer or employee of the Bank;

(h) every person who is or was formerly employed as a consultant, auditor or in any other capacity by the Bank F264[or is or was an agent engaged by the Bank];

(i) every person to whom this subsection (as in force immediately before the amendment of this section by the Central Bank Reform Act 2010) applied immediately before that coming into operation.

(1A) A person to whom subsection (1) applies shall not disclose confidential information concerning

(a) the business of any person or body whether corporate or incorporate that has come to the persons knowledge through the persons office or employment with the Bank, or

(b) any matter arising in connection with the performance of the functions of the Bank or the exercise of its powers,

if such disclosure is prohibited by the Rome Treaty, the ESCB Statute or the F265[supervisory EU legal acts].]

(2)  (a) If requested by the Bank, the directors or those charged with the direction of a supervised entity shall, in accordance with paragraph (b), inform the Bank on the extent of any disclosure duly made by or on behalf of them or the entity to any authority, whether within the State or otherwise.

(b) Where a request is made under paragraph (a), the directors or those charged with the direction of a supervised entity shall give to the Bank all the information so requested that is in their possession or under their control, within

(i) 30 days of receipt of the request, or

(ii) such longer period as the Bank may allow when making the request or subsequently.

(c) In responding to a request for information under this subsection, the directors or those charged with the direction of the supervised entity concerned shall exercise due diligence and shall not, by any act or omission, give or cause to be given to the Bank false or misleading information.

(3)  (a) Subject to F266[subsection (1A)] and paragraph (b), the Bank shall report, as appropriate, to

(i) the Garda Síochána, or

(ii) the Revenue Commissioners, or

(iii) the Director of Corporate Enforcement, or

(iv) the Competition Authority, or

F267[(iva) F268[]]

(v) any other body, whether within the State or otherwise, charged with the detection or investigation of a criminal offence, or

(vi) any other body charged with the detection or investigation of a contravention of

(I) the Companies Acts 1963 to 2001, or

(II) the Competition Act 2002, or in so far as any commencement order under that Act does not relate to the repeal of provisions of the Competition Acts 1991 and 1996, which would otherwise be subsisting those Acts,

F269[or

(III) the Irish Collective Asset-management Vehicles Act 2015,]

any information relevant to that body that leads the Bank to suspect that

(A) a criminal offence may have been committed by a supervised entity, or

(B) a supervised entity may have contravened a provision of an Act to which subparagraph (vi) relates.

F266[(b) Paragraph (a) does not apply

(i) where the Bank is satisfied that the supervised entity has already reported the information concerned to the relevant body, or

(ii) where the information concerned has come into the possession of, or to the knowledge of the Bank, from an authority, in a jurisdiction other than that of the State, duly authorised to exercise functions similar to any one or more of the statutory functions of the Bank.]

(c) Information contained in a report under paragraph (a) may only be used by the body to which it is addressed for the purposes of

(i) the detection or investigation of a contravention of a provision of an Act to which paragraph (a)(vi) relates, or

(ii) any investigation which may lead to a prosecution for a criminal offence and any prosecution for the alleged offence.

F270[(3A) Where a provision of any of the F265[supervisory EU legal acts], or of any of the following Regulations of the European Parliament and of the Council, requires or permits the Bank to report information to a supervisory body established by that Regulation, the Bank may do so:

(a) Regulation (EU) No. 1092/2010 of 24 November 20102;

(b) Regulation (EU) No. 1093/2010 of 24 November 20102;

(c) Regulation (EU) No. 1094/2010 of 24 November 20104;

(d) Regulation (EU) No. 1095/2010 of 24 November 20105.]

(4) (a) In relation to a supervised entity, where the Bank identifies information

(i) which it believes is or is likely to be material to an authority concerned with the enforcement of any law, and

(ii) which it believes it is unable, due to the provisions of F266[subsection (1A)] F271[or (5B)], to disclose to that authority, and

(iii) in respect of which it is not satisfied that the information has been disclosed to that authority by the directors, or those charged with the direction, of the supervised entity,

then, the Bank shall issue to the directors or others duly charged with the direction of the supervised entity a document, to be known as a Disclosure Issue Notice, and the notice shall

(I) specify the name of the authority concerned, and

(II) identify the information that the Bank has identified as causing it to issue the Disclosure Issue Notice.

(b) The Bank shall advise the authority concerned when a Disclosure Issue Notice is issued.

(c) Where a Disclosure Issue Notice is issued in respect of a company to which section 158 of the Companies Act 1963 applies (which relates to the directors report), the directors report shall comply with subsection (6B) of that section.

(5) Subject to F266[subsection (1A)], the Bank may disclose confidential information

(a) required for the purposes of criminal proceedings, or

(b) with the consent of the person to whom the information relates and, if the information was obtained from another person, that other person, or

(c) where the Bank is or was the agent of a person made to the person as the persons agent, or

(d) to an authority in a jurisdiction other than that of the State duly authorised to exercise functions similar to any one or more of the statutory functions of the Bank and which has obligations in respect of nondisclosure of information similar to the obligations imposed on the Bank under this section, or

(e) to any institution of the European Community because of the States membership of the Community, or to the European Central Bank for the purpose of complying with the Rome Treaty or the ESCB Statute, or

(f) to an approved stock exchange, within the meaning of the Stock Exchange Act 1995

(i) in respect of member firms of the exchange for the purpose of monitoring compliance by member firms with stock exchange rules or with conditions or requirements imposed by the Bank, or with both, or

(ii) where the Bank considers it necessary to do so, either for the proper and orderly regulation of stock exchanges and their member firms or for the protection of investors, or for both, or

(g) to a financial futures and options exchange, within the meaning of section 97 of the Central Bank Act 1989, whose rules have been approved by the Bank under Chapter VIII of the Central Bank Act 1989

(i) for the purpose of monitoring compliance by the members of that exchange with those rules or with conditions or requirements imposed by the Bank, or with both, or

(ii) where the Bank considers it necessary to do so for the proper and orderly regulation of futures and options exchanges and their members, or

(h) to

(i) an inspector appointed under the Companies Acts 1963 to 2001, or section 57 of the Stock Exchange Act 1995, or

(ii) a Committee appointed under section 65 of the Stock Exchange Act 1995, or

(i) to a body that is a competent authority for the purpose of Council Directive 93/22/EEC of 10 May 1993 or Council Directive 93/6/EEC of 15 March 1993, or

(j) to an approved professional body

(i) for the purpose of monitoring compliance by investment business firms with rules or with conditions or requirements imposed by the Bank, or

(ii) where the Bank considers it necessary to do so for the proper and orderly regulation of investment business firms, or

(k) to

(i) a Committee appointed under section 74 of the Investment Intermediaries Act 1995, or

(ii) a person nominated or approved of by a supervisory authority in accordance with section 51(2) of that Act, or

(iii) an inspector appointed by the Court under Part VIII of that Act, or

(l) to a product producer in respect of investment business services or investment advice provided by a restricted activity investment product intermediary who holds an appointment in writing from the producer under section 27 of the Investment Intermediaries Act 1995, or

(m) to an officer of statistics (as defined by section 20 of the Statistics Act 1993) in connection with the collection, compilation, analysis or interpretation of data relating to balance of payments, national accounts or any other financial statistics prepared for those purposes, or

(n) F272[]

(o) to the Comptroller and Auditor General that is required for the performance of that officers functions or to a person employed in the Office of the Comptroller and Auditor General, or

(p) to an auditor to whom F273[subsections (3) and (4) of section 32I apply], or

(q) to the Minister for the Environment and Local Government in connection with that Ministers functions under the national housing programme with respect to a mortgage lender, or

(r) to the Investor Compensation Company Limited, or to a subsidiary of that company established by the Bank in order to provide administrative services to that company, or

(s) for the purposes of the hearing of an appeal by the Appeals Tribunal, or

(t) for the purpose of complying with a requirement imposed under section 33AM or by or under any other law, or

(u) where the Bank is in receipt of information from an authority in a jurisdiction other than the State duly authorised to exercise functions similar to one or more of the statutory functions of the Bank, made with the permission of that authority, or

(v) to a liquidator, examiner, receiver or any other person or body involved in the liquidation or bankruptcy of a supervised entity in relation to that entity, in accordance with the F265[supervisory EU legal acts], where applicable, or

(w) to the auditor of a supervised entity in relation to that entity, in accordance with the F265[supervisory EU legal acts], where applicable, or

(x) to any body established under law for the purposes of overseeing auditors, in accordance with the terms of the F265[supervisory EU legal acts], where applicable, or

(y) to the Director of Corporate Enforcement for the purpose of any investigation under Part II (as amended) of the Companies Act 1990, or to an officer of the Director for the purposes of the Directors functions and in accordance with the terms of the F265[supervisory EU legal acts], where applicable, or

F274[(z) to

(i) the Minister, in accordance with the provisions of the F265[supervisory EU legal acts] in relation to the Ministers responsibility for policy on the supervision of supervised entities,

(ii) authorities in other Member States with responsibilities corresponding to that of the Minister referred to in subparagraph (i), or

(iii) where the Bank is the chair of a college of supervisors established under Regulation 11A of the European Communities (Credit Institutions) (Consolidated Supervision) Regulations 2009 (S.I. No. 475 of 2009), to the Committee of European Banking Supervisors,

(za) to an inspector appointed by the Minister and acting on the Ministers behalf,

or]

(aa) in accordance with Article 25(7) of Council Directive 93/22/EEC of 10 May 1993 on investment services in the securities field, to a body which has the function of providing clearing or settlement services for one of the States markets where necessary for the performance of its functions, or

(ab) in accordance with the terms of Council Directive 92/49/EEC of 18 June 1992 in respect of insurance undertakings, to bodies which administer compulsory winding up proceedings or guarantee funds, where necessary for the performance of their functions, or

(ac) in accordance with the terms of Council Directive 92/96/EEC of 10 November 1992 in respect of assurance undertakings, to bodies which administer compulsory winding up proceedings or guarantee funds, where necessary for the performance of their functions, or

(ad) to the Pensions Board that is required for the performance of its functions, or

(ae) in summary or collective form, such that individual persons or bodies cannot be identified, in legal proceedings where a supervised entity has been declared bankrupt or is being compulsorily wound up, but only if the information disclosed does not concern the business of any person or body which, to the knowledge of the Bank, may be, or has been involved in attempts to rescue that supervised entity at any stage, or

(af) if the Bank is satisfied that the disclosure is necessary to protect consumers of relevant financial services or to safeguard the interests of the Bank, or

(ag) if the disclosure arises in relation to

(i) the operations of the Bank in any financial market, or

(ii) the issue by the Bank or the European Central Bank of legal tender, or

(iii) the pursuit by the Bank of the objectives set out in section 6A of the Central Bank Act 1942, or

(ah) to a Tribunal of Inquiry established under the Tribunals of Inquiry (Evidence) Acts 1921 to 2002, or

F275[ (aha) to any Commission of Investigation established under the Commissions of Investigation Act 2004, or]

F276[(ahb) to a Joint Committee of the Houses of the Oireachtas that is conducting an inquiry, being an inquiry

(i) that is a Part 2 inquiry (within the meaning of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013), and

(ii) in respect of which a terms of reference resolution under section 13 of that Act was passed by Dáil Éireann and Seanad Éireann on the 25th day and 26th day, respectively, of November, 2014,

provided the disclosure to that Committee occurs after the making of the rules and standing orders referred to in subsection (6A),]

(ai) to the Revenue Commissioners in relation to their functions in a manner such that no supervised entity can be identified, or

(aj) to the Registrar of Friendly Societies that is required for the performance of the Registrars F277[functions, or]

F278[(aja) to the Credit Union Restructuring Board that is required for the performance of that Boards functions, ]

F279[(ak) to the F280[Financial Services and Pensions Ombudsman] that is required for the performance of that Ombudsmans F281[functions, or]]

F282[F283[(al) to the Competition and Consumer Protection Commission, if the confidential information is required for the performance of the Commissions functions, or]]

F284[ (am) to a deposit guarantee scheme established in accordance with Directive 94/19/EC of the European Parliament and of the Council of 30 May 19942, or

(an) to a body or authority that is a competent authority for the purposes of a Regulation of the European Union or European Communities, or a law of the State implementing such a Regulation, that imposes restrictive measures within the framework of the EU Common Foreign and Security Policy, or

(ao) for any purpose connected with the functions of the Bank, the Minister, the Governor or the Head of Financial Regulation or a special manager under the Credit Institutions (Stabilisation) Act F285[2010, or]]

F286[(ap) for any purpose connected with the functions of the Bank, the Minister, the Governor or the Head of Financial Regulation or a special manager under the Central Bank and Credit Institutions (Resolution) Act 2011, or

(aq) to authorities or bodies charged with responsibility for maintaining the stability of the financial system in Member States through the use of macroprudential rules, or

(ar) to reorganisation bodies or authorities aiming at protecting the stability of the financial system, or

F287[F288[(as) for the purposes of contractual or institutional protection schemes as referred to in Article 113(7) of the Capital Requirements Regulation, or]

(at) for any purpose connected with the functions of the Bank under Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 20127, or

(au) to the Information Commissioner that is required for the performance of that Commissioners functions under the Freedom of Information Act 2014, or

F289[(av) to the ECB or a national competent authority in accordance with the SSM Regulation or the SSM Framework Regulation, or

F290[(aw) for any purpose connected to the functions of the Bank as a competent authority or resolution authority under Directive 2014/59/EU of the European Parliament and of the Council of 15 May 20144, or]]]]

F291[(ax) to independent actuaries of insurance undertakings and reinsurance undertakings (within the meaning of the European Union (Insurance and Reinsurance) Regulations 2015) carrying out legal supervision of those entities and the bodies responsible for overseeing such F292[actuaries, or]]

F293[(ay) in accordance with the SRM Regulation, to

(i) the SRB,

(ii) national resolution authorities in other Member States,

(iii) the Commission,

(iv) the Council,

(v) the ECB, or

(vi) competent authorities in F292[other Member States, or]]

F294[(az) to the Workplace Relations Commission in accordance with Part 3 of the European Communities (Market Abuse) Regulations 2016 F295[(S.I. No. 349 of 2016), or]]

F296[(ba) to the Data Protection Commission that is required for the performance of that Commissions functions under the Data Protection Regulation or the Data Protection Acts F297[1988 to 2018, or]]

F298[(bb) to financial intelligence units (within the meaning of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 201520 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC, as amended by Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 201821 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU).]

F271[(5A) Subsection (5) shall not apply to confidential information received by the Bank in the performance of its functions as a competent authority designated as such for the purposes of the Payment Services Directive.

(5B) A person to whom subsection (1) applies shall not disclose confidential information concerning

(a) the business of any person or body whether corporate or incorporate that has come to the persons knowledge through the persons office or employment with the Bank, or

(b) any matter arising in connection with the performance of the functions of the Bank or the exercise of its powers,

if such disclosure is required to be prohibited by the Payment Services Directive.

(5C) Subject to subsection (5B), the Bank may disclose confidential information received by it in the performance of its functions as a competent authority (so designated for the purposes of the Payment Services Directive)

(a) to a public authority or body designated by another Member State as the competent authority for the purposes of the Payment Services Directive,

(b) to the European Central Bank and the central banks of other Member States, in their capacity as monetary and oversight authorities, and, where appropriate, other public authorities responsible for overseeing payment and settlement systems,

(c) to the European Banking Authority, in its capacity of contributing to the consistent and coherent functioning of supervising mechanisms (as referred to in point (a) of Article 1(5) of Regulation (EU) No 1093/2010 of 24 November 201028),

(d) to the relevant authorities of other Member States designated under laws giving effect to the Payment Services Directive, Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 201529 and other Acts of the European Union applicable to payment service providers (including Acts applicable to the protection of individuals with regard to the processing of personal data and to money laundering and terrorist financing),

(e) to authorities entrusted with the public duty of supervising other financial sector entities and the authorities responsible for the supervision of financial markets,

(f) to authorities or bodies charged with responsibility for maintaining the stability of the financial system in Member States through the use of macroprudential rules,

(g) to reorganisation bodies or authorities aiming at protecting the stability of the financial system,

(h) to bodies involved in the liquidation and bankruptcy of institutions and in other similar procedures,

(i) to the persons responsible for carrying out statutory audits of the accounts of institutions, insurance undertakings and financial institutions,

(j) to the ESCB central banks and other bodies with a similar function in their capacity as monetary authorities when the information is relevant for the exercise of their respective statutory tasks,

F288[(k) to contractual or institutional protection schemes as referred to in Article 113(7) of the Capital Requirements Regulation]

(l) where appropriate, to other public authorities responsible for overseeing payment systems,

(m) to the European Systemic Risk Board, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority, where that information is relevant for the exercise of their functions under Regulation (EU) No 1092/2010 of the European Parliament and of the Council of 24 November 201031, Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 201032 or Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 201033, as the case may be,

(n) to a clearing house or other similar body recognised under Irish law for the provision of clearing or settlement services where that information is necessary in order to ensure the proper functioning of those bodies in relation to defaults or potential defaults by market participants,

(o) to a liquidator, examiner, receiver or any other person or body involved in the liquidation or bankruptcy of a supervised entity in relation to that entity,

(p) to the Minister for Housing, Planning and Local Government in connection with that Ministers functions under the national housing programme with respect to a mortgage lender,

(q) to

(i) the Minister, in accordance with the provisions of the Payment Services Directive in relation to the Ministers responsibility for policy on the supervision of supervised entities,

(ii) authorities in other Member States with responsibilities corresponding to that of the Minister referred to in subparagraph (i), or

(iii) where the Bank is the chair of a college of supervisors established under Regulation 104 of the European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014), to the Committee of European Banking Supervisors,

(r) to an inspector appointed by the Minister and acting on the Ministers behalf,

(s) where the information is required for the purposes of criminal proceedings, or

(t) with the consent of the person to whom the information relates and, if the information was obtained from another person, that other person.

(5D) Where confidential information has been received from an authority designated as a competent authority for the purposes of the Payment Services Directive in another Member State, the Bank shall only disclose such confidential information pursuant to subsection (5C)(h), (i) or (k) in accordance with the express consent of that authority.

(5E) In subsections (5A), (5B), (5C) and (5D), Payment Services Directive means Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 201534.

(5F) Subsections (5A), (5B), (5C) and (5D) shall apply to confidential information received in connection with the operation of the European Communities (Electronic Money) Regulations 2011, subject to the modification that a reference to the Payment Services Directive shall be construed as a reference to Directive 2009/110/EC of the European Parliament and of the Council of 16 September 200935.]

(6) Any person or entity to whom confidential information is provided under subsection (3)(a) or (5) shall comply with the provisions on professional secrecy in the F265[supervisory EU legal acts] F276[and in the ESCB Statute] in holding and dealing with information provided to them by the Bank.

F276[(6A) Any member of either House of the Oireachtas to whom confidential information is provided under subsection (5) and who fails to comply with the provisions of professional secrecy referred to in subsection (6) in respect of that information may be subject to the sanction of the House of which the person is a member in accordance with rules and standing orders made by that House.]

F271[(6B) Any person or entity to whom confidential information is provided under subsection (5C) shall, when holding and dealing with that information, ensure its confidentiality.]

(7) The Bank may, for the purposes of subsection (5)(d) or otherwise, require from a supervised entity any information for the purposes of the Bank assisting an authority to which that subsection relates, but the Bank may only require such information where the information requested is, in the opinion of the Bank, to assist the authority in the carrying out of its regulatory functions.

(8) A person who

(a) contravenes F266[subsection (1A)] F271[or (5B)], or

(b) contravenes paragraph (a) or (c) of subsection (2), or

(c) fails to comply with section 158(6B) of the Companies Act 1963, for the purpose of a Disclosure Issue Notice issued under subsection (4),

commits an offence and is liable

(i) on conviction on indictment to a fine not exceeding 30,000 or to imprisonment for a term not exceeding 5 years, or both, or

(ii) on summary conviction to a fine not exceeding 3,000 or to imprisonment for a term not exceeding 12 months, or both.

(9) Notwithstanding anything to the contrary provided for by or under any enactment, where in the opinion of the Revenue Commissioners, or such officer or officers of the Commissioners as they may from time to time designate for this purpose, there is information which may relate to

(a) the commission of an offence, or

(b) a failure to comply with an obligation,

under the designated enactments or the designated statutory instruments, then the Commissioners or that officer shall disclose the information to the Bank.

(10) In this section

"approved professional body" has the meaning given by section 55 of the Investment Intermediaries Act 1995;

F296["Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201612 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);]

"product producer" has the meaning given by section 2 of the Investment Intermediaries Act 1995;

"restricted activity investment product intermediary" has the meaning assigned to it by section 26 of the Investment Intermediaries Act 1995;

F299["F265[supervisory EU legal acts]" means

(a) Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000,

(b) Council Directive 93/22/EEC of 10 May 1993,

(c) Council Directive 85/611/EEC of 20 December 1985,

(d) Council Directive 92/49/EEC of 18 June 1992,

(e) Council Directive 92/96/EEC of 10 November 1992,

F300[(f) Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC,

(g) Directive 2014/57/EU of the European Parliament and of the Council of 16 April 2014 on criminal sanctions for market abuse (market abuse directive) and Commission Implementing Directive (EU) 2015/2392 of 17 December 2015 on Regulation (EU) No 596/2014 of the European Parliament and of the Council as regards reporting to competent authorities of actual or potential infringements of that Regulation,]

(h) the 2003 Prospectus Directive (within the meaning of Part 5 of the Investment Funds, Companies and Miscellaneous Provisions Act 2005),

(i) Directive 2005/68/EC of 16 November 2005,

(j) the Transparency (Regulated Markets) Directive (within the meaning of Part 3 of the Investment Funds, Companies and Miscellaneous Provisions Act 2006),

(k) Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions,

(l) Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions,

(m) Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation,

F301[(n) Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments,

(o) the Supplemental Directive and the MiFID Regulation as defined in section 3(1) of the Markets in Financial Instruments and Miscellaneous Provisions Act 2007 F302[(No. 37 of 2007),]]]

F303[(p) F304[]

F305[(q) F304[]

F306[(r) Directive 2013/36/EU of the European Parliament and of the Council of 26 June 201322 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC as amended by—

(i) Directive 2014/17/EU of the European Parliament and of the Council of 4 February 201423 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010,

(ii) Directive 2014/59/EU of the European Parliament and of the Council of 15 May 201424establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council,

(iii) Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 201525on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC,

(iv) Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 201826amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU, and

(v) Directive (EU) 2019/878 of the European Parliament and of the Council of 20 May 20192 amending Directive 2013/36/EU as regards exempted entities, financial holding companies, mixed financial holding companies, remuneration, supervisory measures and powers and capital conservation measures;]

F307[(s) Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 20128 on OTC derivatives, central counterparties and trade repositories,

F308[(t) the SSM Regulation,

F309[(u) the SSM Framework Regulation,]]]]]

F310[(v) Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of insurance and reinsurance (Solvency II);]

F311[(x) Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and F312[Regulation (EU) No 236/2012,]]

F313[(y) Directive 2014/92/EU of the European Parliament and of the Council of 23 July 20141 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic F312[features, and]]

F314[(w) the SRM Regulation.]

F315[(z) Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014, and

(aa) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU.]

F316[(ab) Regulation (EU) No 2015/2365 of the European Parliament and of the Council of 25 November 20155;]

F317[(ac) Regulation (EU) No. 2016/1011 of the European Parliament and of the Council of 8 June 20168;]

F318[(ad) Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 201610 on insurance distribution.]

F319[(ae) Regulation (EU) 2017/1131 of the European Parliament and of the Council of 14 June 20173;]

F320[(af) Regulation (EU) 2017/2402 of the European Parliament and of the Council of F321[12 December 2017,]24

F322[(ag) Regulation (EU) 2017/1129 of the European Parliament and of the Council of F323[14 June 2017,] 1

F324[(ah) Regulation (EU) 2017/2394 of the European Parliament and of the Council of F325[12 December 20174,]]

F326[(ai) Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 20194;]

F327[F328[(aj)] Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 20155 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No. 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC, as amended by Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 20186;]

F329[(ak) Regulation (EU) 2019/2033 of the European Parliament and Council of 27 November F330[2019]4,]

F331[(al) Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 20204;]

"supervised entity" means any person or body in relation to which the Bank exercises functions under the designated enactments or the designated statutory instruments.]

Annotations

Amendments:

F262

Inserted (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 26, S.I. No. 160 of 2003, subject to transitional provisions in s. 36 and sch. 3.

F263

Substituted and inserted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(1) and sch. 1, part 1, item 64, S.I. No. 469 of 2010.

F264

Inserted (27.01.2014) by Credit Reporting Act 2013 (45/2013), s. 34, S.I. No. 19 of 2014.

F265

Substituted (4.11.2014) by European Union (Single Supervisory Mechanism) Regulations 2014 (S.I. No. 495 of 2014), reg. 5(a).

F266

Substituted (19.12.2012) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 68(1)(a) and (b), S.I. No. 557 of 2012.

F267

Inserted (1.05.2007) by Consumer Protection Act 2007 (19/2007), s. 94(5), S.I. No. 178 of 2007.

F268

Deleted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 87(d)(i), S.I. 366 of 2014, in effect as per reg. 3.

F269

Inserted (12.03.2015) by Irish Collective Asset-management Vehicles Act 2015 (2/2015), s. 189(a), S.I. No. 85 of 2015.

F270

Inserted (31.12.2010) by European Communities (Directive 2009/111/EC) Regulations 2010 (S.I. No. 627 of 2010), reg. 3(1) and sch. 1, item 1, commenced as per reg. 2.

F271

Inserted (13.01.2018) by European Union (Payment Services) Regulations 2018 (S.I. No. 6 of 2018), re. 144(a)-(d), in effect as per reg. 1(2).

F272

Deleted (15.07.2010) by Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (6/2010), s. 114(2), S.I. No. 342 of 2010.

F273

Substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(1) and sch. 1, part 1, item 68, S.I. No. 469 of 2010.

F274

Substituted (31.12.2010) by European Communities (Directive 2009/111/EC) Regulations 2010 (S.I. No. 627 of 2010), reg. 3(1) and sch. 1, item 2, commenced as per reg. 2.

F275

Inserted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(1) and sch. 1, part 1, item 65, S.I. No 469 of 2010.

F276

Inserted (4.02.2015) by Central Bank (Amendment) Act 2015 (1/2015), s. 1, commenced on enactment.

F277

Substituted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004), s. 9(a), S.I. No. 455 of 2004, subject to transitional provisions in s. 35 and sch. 5.

F278

Inserted (19.12.2012) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 56(3), S.I. No. 557 of 2012.

F279

Inserted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004), s. 9(b), S.I. No. 455 of 2004, subject to transitional provisions in s. 35 and sch. 5.

F280

Substituted (1.01.2018) by Financial Services and Pensions Ombudsman Act 2017 (22/2017), s. 75(b), S.I. No. 524 of 2017.

F281

Substituted (1.11.2007) by Markets in Financial Instruments and Miscellaneous Provisions Act 2007 (37/2007), s. 13(a), S.I. No. 730 of 2007.

F282

Substituted (1.11.2007) by Markets in Financial Instruments and Miscellaneous Provisions Act 2007 (37/2007), s. 13(b), S.I. No. 730 of 2007.

F283

Substituted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 87(d)(ii), S.I. 366 of 2014, in effect as per reg. 3.

F284

Substituted (21.12.2010) by Credit Institutions (Stabilisation) Act 2010 (36/2010), s. 72 and sch. 1, part 2, item 1, S.I. No. 623 of 2010.

F285

Substituted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 5 and sch. 2 part 1 item 7, S.I. No. 287 of 2013.

F286

Substituted and inserted (31.03.2014) by European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014), reg. 153(1).

F287

Substituted and inserted (4.11.2014) by European Union (Single Supervisory Mechanism) Regulations 2014 (S.I. No. 495 of 2014), reg. 5(b).

F288

Substituted (28.12.2020) by European Union (Capital Requirements) (No. 2) (Amendment) Regulations 2020 (S.I. No. 711 of 2020), reg. 5(b)(I), (ii), in effect as per reg. 1(2).

F289

Substituted and inserted (15.07.2015) by European Union (Bank Recovery and Resolution) Regulations 2015 (S.I. No. 289 of 2015), reg. 185(c), in effect as per reg. 1(2).

F290

Substituted (1.01.2016) by European Union (Single Resolution Mechanism) Regulations 2015 (S.I. No. 568 of 2015), reg. 3(d)(i), in effect as per reg. 1(2).

F291

Inserted (1.01.2016) by European Union (Insurance and Reinsurance) Regulations 2015 (S.I. No. 485 of 2015), reg. 311(2), in effect as per reg. 1(2), subject to exception in reg. 1(3).

F292

Substituted (3.07.2016) by European Union (Market Abuse) Regulations 2016 (S.I. No. 349 of 2016), reg. 51(b)(i) and (ii), in effect as per reg. 1(2).

F293

Inserted (1.01.2016) by European Union (Single Resolution Mechanism) Regulations 2015 (S.I. No. 568 of 2015), reg. 3(d)(i), in effect as per reg. 1(2).

F294

Inserted (3.07.2016) by European Union (Market Abuse) Regulations 2016 (S.I. No. 349 of 2016), reg. 51(b)(iii), in effect as per reg. 1(2).

F295

Substituted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 168(a), S.I. No. 174 of 2018.

F296

Inserted (25.05.2018) by Data Protection Act 2018 (7/2018), s. 168(b), (c), S.I. No. 174 of 2018.

F297

Substituted (29.12.2020) by European Union (Capital Requirements) (Amendment) Regulations 2020 (S.I. No. 710 of 2020), reg. 57(a)(i)(I), in effect as per reg. 1(2).

F298

Inserted (29.12.2020) by European Union (Capital Requirements) (Amendment) Regulations 2020 (S.I. No. 710 of 2020), reg. 57(a)(i)(II), in effect as per reg. 1(2).

F299

Substituted (1.11.2007) by Markets in Financial Instruments and Miscellaneous Provisions Act 2007 (37/2007), s. 7(a), S.I. No. 730 of 2007.

F300

Substituted (3.07.2016) by European Union (Market Abuse) Regulations 2016 (S.I. No. 349 of 2016), reg. 51(c), in effect as per reg. 1(2).

F301

Substituted (1.11.2009) by European Communities (Payment Services) Regulations 2009 (S.I. No. 383 of 2009), reg. 118 and sch. 2 part 2 item 1, commenced by reg. 2(2).

F302

Substituted (30.04.2011) by European Communities (Electronic Money) Regulations 2011 (S.I. No. 183 of 2011), reg. 79(1) and sch. 1, part 1, item 1, commenced as per reg 2.

F303

Substituted and inserted (31.03.2014) by European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014), reg. 153(2).

F304

Deleted (13.01.2018) by European Union (Payment Services) Regulations 2018 (S.I. No. 6 of 2018), reg. 144(e), in effect as per reg. 1(2).

F305

Substituted and inserted (8.10.2014) by European Union (European Markets Infrastructure) Regulations 2014 (S.I. No. 443 of 2014), reg. 38(b)(ii).

F306

Substituted (29.12.2020) by European Union (Capital Requirements) (Amendment) Regulations 2020 (S.I. No. 710 of 2020), reg. 57(a)(ii), in effect as per reg. 1(2).

F307

Substituted and inserted (4.11.2014) by European Union (Single Supervisory Mechanism) Regulations 2014 (S.I. No. 495 of 2014), reg. 5(c).

F308

Substituted (1.01.2016) by European Union (Insurance and Reinsurance) Regulations 2015 (S.I. No. 485 of 2015), reg. 311(2)(b), in effect as per reg. 1(2), subject to exception in reg. 1(3).

F309

Substituted (1.01.2016) by European Union (Single Resolution Mechanism) Regulations 2015 (S.I. No. 568 of 2015), reg. 3(d)(ii), in effect as per reg. 1(2).

F310

Substituted (16.09.2016) by European Union (Central Securities Depositories) Regulations 2016 (S.I. No. 481 of 2016), reg. 12(b)(i), in force as per reg. 1(2).

F311

Substituted (18.09.2016) by European Union (Payment Accounts) Regulations 2016 (S.I. No. 482 of 2016), reg. 21(3)(a), in force as per reg. 1(2).

F312

Substituted (3.01.2018) by European Union (Markets in Financial Instruments) Regulations 2017 (S.I. No. 375 of 2017), reg. 131(b)(i), ii), in effect as per reg. 1(2).

F313

Inserted (18.09.2016) by European Union (Payment Accounts) Regulations 2016 (S.I. No. 482 of 2016), reg. 21(3)(b), in force as per reg. 1(2).

F314

Inserted (1.01.2016) by European Union (Single Resolution Mechanism) Regulations 2015 (S.I. No. 568 of 2015), reg. 3(d)(ii), in effect as per reg. 1(2).

F315

Inserted (3.01.2018) by European Union (Markets in Financial Instruments) Regulations 2017 (S.I. No. 375 of 2017), reg. 131(b)(iii), in effect as per reg. 1(2).

F316

Inserted (22.12.2017) by European Union (Securities Financing Transactions) Regulations 2017 (S.I. No. 631 of 2017), reg. 31(b).

F317

Inserted (1.01.2018) by European Union (Indices Used as Benchmarks in Financial Instruments and Financial Contracts or to Measure the Performance of Investment Funds) Regulations 2017 (S.I. No. 644 of 2017), reg. 27(b), in effect as per reg. 1(2).

F318

Inserted (1.10.2018) by European Union (Insurance Distribution) Regulations 2018 (S.I. No. 229 of 2018), reg. 54(b), in effect as per reg. 1(2).

F319

Inserted (21.07.2018) by European Union (Money Market Funds) Regulations 2018 (S.I. No. 269 of 2018), reg. 5(b), in effect as per reg. 1(2).

F320

Inserted (1.01.2019) by European Union (General Framework for Securitisation and Specific Framework for Simple, Transparent and Standardised Securitisation) Regulations 2018 (S.I. No. 656 of 2018), reg. 31(b), in effect as per reg. 1(2).

F321

Substituted (21.07.2019) by European Union (Prospectus) Regulations 2019 (S.I. No. 380 of 2019), reg. 39(b)(i), in effect as per reg. 1(2).

F322

Inserted (21.07.2019) by European Union (Prospectus) Regulations 2019 (S.I. No. 380 of 2019), reg. 39(b)(ii), in effect as per reg. 1(2).

F323

Substituted (30.01.2020) by European Union (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) (No. 2) Regulations 2020 (S.I. No. 21 of 2020), reg. 6(a)(i), in effect as per reg. 1(2).

F324

Inserted (30.01.2020) by European Union (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) (No. 2) Regulations 2020 (S.I. No. 21 of 2020), reg. 6(a)(ii), in effect as per reg. 1(2).

F325

Substituted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (3/2021), s. 29(a), S.I. No. 188 of 2021.

F326

Inserted (29.03.2021) by European Union (Sustainability-related Disclosures in the Financial Services Sector) Regulations 2021 (S.I. No. 146 of 2021), reg. 5(b)(ii).

F327

Inserted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (3/2021), s. 29(b), S.I. No. 188 of 2021.

F328

Substituted (21.09.2021) by European Union (Investment Firms) Regulations 2021 (S.I. No. 355 of 2021), reg. 52(a)(i).

F329

Inserted (21.09.2021) by European Union (Investment Firms) Regulations 2021 (S.I. No. 355 of 2021), reg. 52(a)(ii).

F330

Substituted (13.12.2021) by European Union (Crowdfunding) Regulations 2021 (S.I. No. 702 of 2021), reg. 11(b)(i).

F331

Inserted (13.12.2021) by European Union (Crowdfunding) Regulations 2021 (S.I. No. 702 of 2021), reg. 11(b)(ii).

F332

Substituted by Credit Union Restructuring Board (Dissolution) Act 2020 (22/2020), s. 20, not commenced as of date of revision.

Modifications (not altering text):

C24

Prospective affecting provision: subs. (5)(aja) substituted by Credit Union Restructuring Board (Dissolution) Act 2020 (22/2020), s. 20, not commenced as of date of revision.

F332[(aja) to the Minister that is required for the performance of the Minister’s functions under the Credit Union and Co-operation with Overseas Regulators Act 2012 , or]

C25

Competition Authority as mentioned in subs. (3)(a)(iv) construed as Competition and Consumer Protection Commission (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 39(2)(b), S.I. No. 366 of 2014.

Transfer of functions to Commission

39. (1) All functions that, immediately before the establishment day, were vested in the dissolved bodies are transferred to the Commission.

(2) References in any Act of the Oireachtas passed before the establishment day or in any instrument made before that day under an Act of the Oireachtas to—

(a) the National Consumer Agency, or

(b) the Competition Authority, shall, on and after that day, be construed as references to the Commission.

(3) A reference in any Act of the Oireachtas passed before the establishment day or in any instrument made before that day under an Act of the Oireachtas to the chief executive of the National Consumer Agency shall, on and after that day, be construed as a reference to the chairperson of the Commission.

...

C26

Application of section restricted (31.03.2014) by European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014), regs. 50A, 50B, 88(2), and as amended (29.12.2020) by European Union (Capital Requirements) (Amendment) Regulations 2020 (S.I. No. 710 of 2020), reg. 11, in effect as per reg. 1(2) .

[Exchange of information with oversight bodies

50A. (1) Notwithstanding section 33AK of the Act of 1942, the Bank and the authorities described in paragraph (2) may exchange information, subject to the conditions set out in paragraph (3).

(2) The authorities referred to in paragraph (1) are the authorities responsible in the State for the oversight of—

(a) persons involved in the liquidation, examinership, receivership or bankruptcy of institutions,

(b) contractual or institutional protection schemes, as referred to in Article 113(7) of the Capital Requirements Regulation, or

(c) auditors of institutions, insurance undertakings and financial institutions.

(3) The Bank and an authority described in paragraph (2) may only exchange information where the following conditions are satisfied:

(a) the information is exchanged for the purpose of an oversight function referred to in paragraph (2);

(b) the information received is subject to professional secrecy requirements at least equivalent to those referred to in Article 53(1) of the Capital Requirements Directive;

(c) where the information originates in another Member State, that it is not disclosed without the express agreement of the competent authorities which have disclosed it and, where appropriate, solely for the purposes for which those authorities gave their agreement.

(4) Notwithstanding section 33AK of the Act of 1942, the Bank, the Director of Corporate Enforcement and an officer of the Director may exchange information, subject to the conditions set out in paragraph (5).

(5) The Bank, the Director of Corporate Enforcement and an officer of the Director may only exchange information where the following conditions are satisfied:

(a) the information is exchanged for the purpose of detecting and investigating breaches of company law;

(b) the information received is subject to professional secrecy requirements at least equivalent to those referred to in Article 53(1) of the Capital Requirements Directive;

(c) where the information originates in another Member State, that it is not disclosed without the express agreement of the competent authorities which have disclosed it and, where appropriate, solely for the purposes for which those authorities gave their agreement.

(6) The Bank shall communicate to the European Banking Authority the names of the authorities and bodies which may receive information under this Regulation.

Transmission of information to international bodies

50B. (1) Notwithstanding section 33AK of the Act of 1942, the Bank may, subject to the conditions set out in paragraphs (2), (3) and (4), disclose information to—

(a) the International Monetary Fund and the World Bank, for the purposes of assessments for the Financial Sector Assessment Program,

(b) the Bank for International Settlements, for the purposes of quantitative impact studies, and

(c) the Financial Stability Board, for the purposes of its surveillance function.

(2) The Bank may only disclose confidential information following an explicit request by a body referred to in paragraph (1), where the following conditions are satisfied:

(a) the request is duly justified in light of the specific tasks performed by the requesting body in accordance with its statutory mandate;

(b) the request is sufficiently precise as to the nature, scope, and format of the required information, and the means of its disclosure;

(c) the requested information is strictly necessary for the performance of the specific tasks of the requesting body and does not go beyond the statutory tasks conferred on the requesting body;

(d) the information is disclosed exclusively to the persons directly involved in the performance of the specific task;

(e) the persons having access to the information are subject to professional secrecy requirements at least equivalent to those referred to in Article 53(1) of the Capital Requirements Directive.

(3) Where a request is made by a body referred to in paragraph (1), the Bank may only disclose information that is not aggregate or anonymised information at the premises of the Bank.

(4) To the extent that the disclosure of information involves processing of personal data, any processing of personal data by the requesting body shall comply with the requirements laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201616 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.]

...

Supervisory stress testing

88. (1) The Bank shall carry out as appropriate, but at least annually, supervisory stress tests on institutions it supervises, to facilitate the review and evaluation process under Regulation 85.

(2) Nothing in these Regulations, the Capital Requirements Regulation or section 33AK of the Act of 1942 shall prevent the Bank from publishing the results of supervisory stress tests carried out in accordance with paragraph (1).

C27

Pensions Board as mentioned in subs. (5)(ad) construed by Pensions Act 1990 (25/1990), s. 9A, as inserted (7.03.2014) by Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 (20/2013), s. 26, S.I. No. 103 of 2014.

[Change of name of Pensions Board and chief executive

9A. (1) The name of the Pensions Board is changed, and on and after the commencement of section 26 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 it shall be known, in the English language, as the Pensions Authority or, in the Irish language, as An tÚdarás Pinsean.

(2) References in this Act or in any other enactment to the Pensions Board shall, on and after the commencement of section 26 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013, be construed as references to the Pensions Authority.

... ]

Editorial Notes:

E142

Subss. 5((w), (x) (y) and 10(u), (v), (w) ordered alphabetically (1.01.2016); their amending and inserting provisions are unclear on this point, see F-notes above.

E143

Subs. (5)(ao), (ap) substituted and inserted in s. 33K (28.10.2011) by Central Bank and Credit Institutions (Resolution) Act 2011 (27/2011), s. 110(1) and sch. 2 part 1 item 3, S.I. No. 548 of 2011; amendment not possible as section previously deleted. The amendment appears to have been intended for this section.

E144

Previous affecting provision: subs. (1) in definition of "supervisory EU legal acts", para. (ah) amended (29.03.2021) by European Union (Sustainability-related Disclosures in the Financial Services Sector) Regulations 2021 (S.I. No. 146 of 2021), reg. 5(b)(i); substituted as per F-note above.

E145

Previous affecting provision: subs. (10)(x) inserted (16.09.2016) by European Union (Central Securities Depositories) Regulations 2016 (S.I. No. 481 of 2016), reg. 12(b)(ii), in effect as per reg. 1(2); substituted as per F-note above.

E146

Previous affecting provision: subs. (5)(aw) substituted (1.01.2016) by European Union (Insurance and Reinsurance) Regulations 2015 (S.I. No. 485 of 2015), reg. 311(2), in effect as per reg. 1(2), subject to exception in reg. 1(3); substituted as per F-note above.

E147

Previous affecting provision: subs. (10)(u) and (v) substituted and inserted (1.01.2016) by European Union (Insurance and Reinsurance) Regulations 2015 (S.I. No. 485 of 2015), reg. 311(2)(b), in effect as per reg. 1(2), subject to exception in reg. 1(3); substituted as per F-note above.

E148

Previous affecting provision: subs. (5)(as), (at), (au) and (av) substituted and inserted (4.11.2014) by European Union (Single Supervisory Mechanism) Regulations 2014 (S.I. No. 495 of 2014), reg. 5(b); substituted as per F-note above.

E149

Previous affecting provision: subs. (5)(as), (at) substituted and inserted (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 50, commenced as per s. 1(2); substituted as per F-note above.

E150

Previous affecting provision: subs. (10)(s) substituted (8.10.2014) by European Union (European Markets Infrastructure) Regulations 2014 (S.I. No. 443 of 2014), reg. 38(b)(ii).

E151

Previous affecting provision: subs. (5)(as), (at) inserted (8.10.2014) by European Union (European Markets Infrastructure) Regulations 2014 (S.I. No. 443 of 2014), reg. 38(b)(i).

E152

Previous affecting provision: subs. (10)(q), (r) inserted (31.03.2014) by European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014), reg. 153(2).

E153

Previous affecting provision: subs. (5)(as) inserted (31.03.2014) by European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014), reg. 153(1).

E154

Previous affecting provision: subs. (5)(ap) inserted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 5 and sch. 2 part 1 item 7, S.I. No. 287 of 2013, substituted as per F-note above.

E155

Previous affecting provision: subs. (5)(am) inserted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(1) and sch. 1, part 1, item 67, S.I. No. 469 of 2010; substituted as per F-note above.

E156

Previous affecting provision: subs. (5)(al) amended (18.06.2009) by Financial Services (Deposit Guarantee Scheme) Act 2009 (13/2009), s. 11 and sch. item 1(a), commenced on enactment; substituted as per F-note above.

E157

Previous affecting provision: additional subs. (5)(am) inserted (18.06.2009) by Financial Services (Deposit Guarantee Scheme) Act 2009 (13/2009), s. 11 and sch. item 1(b), commenced on enactment; substituted as per F-note above.

E158

Previous affecting provision: subs. (5)(al) substituted (1.11.2007) by Markets in Financial Instruments and Miscellaneous Provisions Act 2007 (37/2007), s. 13(b), S.I. No. 730 of 2007.

E159

Previous affecting provisions: definition of “supervisory directives” in subs. (10) amended:

• (6.07.2005) by Investment Funds, Companies and Miscellaneous Provisions Act 2005 (12/2005), s. 36, S.I. No. 323 of 2005;

• by Investment Funds, Companies and Miscellaneous Provisions Act 2006 (41/2006), s. 23, not commenced;

• (15.07.2006) by European Communities (Reinsurance) Regulations 2006 (S.I. No. 380 of 2006), regs. 84, commenced as per reg. 1(2);

• (1.11.2007) by European Communities (Markets in Financial Instruments) Regulations 2007 (S.I. No. 60 of 2007), reg. 192, commenced as per reg. 1(2) and deleted (1.11.2007) by European Communities (Markets in Financial Instruments) (Amendment) Regulations 2007 (S.I. No. 663 of 2007), commenced as per reg. 1(3);

• (1.11.2009) by European Communities (Payment Services) Regulations 2009 (S.I. No. 383 of 2009), reg. 118 and sch. 2 part 2 item 1, commenced by reg. 2(2);

• (30.04.2011) by European Communities (Electronic Money) Regulations 2011 (S.I. No. 183 of 2011), reg. 79(1) and sch. 1, part 1, items 3-4, commenced as per reg. 2;

substituted as per F-note above.