Central Bank Act 1942
F370[Application of Part under Capital Requirements Directive.
33ANC.— (1) This Part applies in relation to—
(a) the commission or suspected commission by a financial holding company, mixed-financial holding company or mixed-activity holding company of a contravention of—
(i) a provision of the Capital Requirements Regulations or the Capital Requirements Regulation,
(ii) any direction given to a financial holding company, mixed-financial holding company or mixed-activity holding company under a provision of the Regulations referred to in subparagraph (i),
(iii) any requirement imposed on a financial holding company, mixed-financial holding company or mixed-activity holding company under a provision of the Regulations referred to in subparagraph (i) or under any direction given to a financial holding company, mixed-financial holding company or mixed-activity holding company under F371[a provision of those Regulations,]
(iv) any obligation imposed on a financial holding company, mixed-financial holding company or mixed-activity holding company by this Part or imposed by the Bank pursuant to a power exercised F371[under this Part, or]
F372[(v) any obligation imposed on a financial holding company or a mixed financial holding company by Part IV of the Central Bank Act 1997 or Part 2, 3 or 7 of the Central Bank (Supervision and Enforcement) Act 2013,]
and
(b) F373[participation by a person, while concerned] in the management of a financial holding company, mixed-financial holding company or mixed-activity holding company, in the commission by the financial holding company, mixed-financial holding company or mixed-activity holding company of such a contravention.
(2) For the purposes of subsection (1)—
(a) a reference in this Part to a regulated financial service provider or a financial service provider includes a reference to a financial holding company, mixed-financial holding company or mixed-activity holding company,
(b) a reference in this Part to a prescribed contravention includes a reference to a contravention, by a financial holding company, mixed-financial holding company or mixed-activity holding company, of a provision, direction, requirement or obligation referred to in subsection (1), and
F373[(c) a reference in this Part to performing a controlled function in relation to a regulated financial service provider includes a reference to being concerned in the management of a financial holding company, mixed-financial holding company or mixed‑activity holding company.]
F374[(2A) References in subsections (1) and (2) to a financial holding company, mixed financial holding company or mixed-activity holding company do not include references to a regulated financial service provider which is such a company.]
(3) F375[…]
(4) In this section—
(a) "Capital Requirements Regulations" means European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014);
(b) F375[…]
(c) "financial holding company" has the meaning assigned to it in point (20) of Article 4(1) of the Capital Requirements Regulation;
(d) "mixed-financial holding company" has the meaning assigned to it in point (21) of Article 4(1) of the Capital Requirements Regulation;
(e) "mixed-activity holding company" has the meaning assigned to it in point (22) of Article 4(1) of the Capital Requirements Regulation.]
Annotations
Amendments:
F370
Substituted (15.07.2015) by European Union (Bank Recovery and Resolution) Regulations 2015 (S.I. No. 289 of 2015), reg. 185(d), in effect as per reg. 1(2).
F371
Substituted (29.12.2020) by European Union (Capital Requirements) (Amendment) Regulations 2020 (S.I. No. 710 of 2020), reg. 57(b)(i), (ii), in effect as per reg. 1(2).
F372
Inserted (29.12.2020) by European Union (Capital Requirements) (Amendment) Regulations 2020 (S.I. No. 710 of 2020), reg. 57(b)(iii), in effect as per reg. 1(2).
F373
Substituted (19.04.2023) by Central Bank (Individual Accountability Framework) Act 2023 (5/2023), s. 38(a), (b), S.I. No. 176 of 2023.
F374
Inserted (19.04.2023) by Central Bank (Individual Accountability Framework) Act 2023 (5/2023), s. 38(c), S.I. No. 176 of 2023.
F375
Deleted (19.04.2023) by Central Bank (Individual Accountability Framework) Act 2023 (5/2023), s. 38(d), (e), S.I. No. 176 of 2023.
Editorial Notes:
E181
Previous affecting provision: subs. (4)(b) substituted (28.12.2020) by European Union (Capital Requirements) (No. 2) (Amendment) Regulations 2020 (S.I. No. 711 of 2020), reg. 5(c)(ii), in effect as per reg. 1(2); deleted as per F-note above.
E182
Previous affecting provision: section inserted (31.03.2014) by European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014), reg. 153(3); substituted as per F-note above.