Central Bank Act 1942

F358[Application of Part under Capital Requirements Directive.

33ANC

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 F359[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 F359[under this Part, or]

F360[(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) participation, by a person 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

(c) a reference in this Part to a person concerned in the management of a regulated financial service provider includes a reference to a person concerned in the management of a financial holding company, mixed-financial holding company or mixed-activity holding company.

(3) Nothing in this section limits the application of this Part in relation to matters other than those referred to in subsection (1).

(4) In this section

(a) "Capital Requirements Regulations" means European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014);

F361[(b) the Capital Requirements Regulation;]

(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:

F358

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).

F359

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).

F360

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).

F361

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).

Editorial Notes:

E172

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.