Central Bank Act 1942
F404[Application of Part under Investment Firms Directive
33ANG.— (1) This Part applies in relation to—
(a) the commission or suspected commission by an investment holding company, a mixed financial holding company F405[a mixed activity holding company or a parent undertaking] of a contravention of—
(i) a relevant provision,
(ii) any direction given to an investment holding company, a mixed financial holding company or F405[a mixed activity holding company or a parent undertaking] under a relevant provision,
(iii) any direction given under financial services legislation to the investment holding company, mixed financial holding company or mixed activity holding company pursuant to a relevant provision,
(iv) any requirement imposed on an investment holding company, a mixed financial holding company F405[a mixed activity holding company or a parent undertaking] under—
(I) a relevant provision,
(II) any direction given to an investment holding company, a mixed financial holding company F405[a mixed activity holding company or a parent undertaking] under a relevant provision, or
(III) any direction given under financial services legislation to the investment holding company, mixed financial holding company or mixed activity holding company pursuant to a relevant provision,
or
(v) any obligation imposed on an investment holding company, a mixed financial holding company F405[a mixed activity holding company or a parent undertaking] by this Part or imposed by the Bank pursuant to a power exercised under this Part,
and
(b) F406[participation by a person, while concerned] in the management of an investment holding company, a mixed financial holding company F405[a mixed activity holding company or a parent undertaking], in the commission of such a contravention.
(2) For the purpose of subsection (1)—
(a) a reference in this Part to a regulated financial service provider or a financial service provider includes a reference to an investment holding company, a mixed financial holding company or F405[a mixed activity holding company or a parent undertaking],
(b) a reference in this Part to a prescribed contravention includes a reference to a contravention, by an investment holding company, a mixed financial holding company F405[a mixed activity holding company or a parent undertaking], of a provision, direction, requirement or obligation referred to in subsection (1), and
F406[(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 an investment holding company, a mixed-financial holding company F405[a mixed activity holding company or a parent undertaking].]
F407[(2A) References in subsections (1) and (2) to an investment holding company, a mixed financial holding company F405[a mixed activity holding company or a parent undertaking] do not include references to a regulated financial service provider which is such a company.]
(3) F408[…]
(4) In this section—
"investment holding company" has the same meaning as it has in the Regulations of 2021;
"mixed financial holding company" has the same meaning as it has in the Regulations of 2021;
"mixed activity holding company" has the same meaning as it has in the Regulations of 2021;
F409["parent undertaking" has the same meaning as it has in the Regulations of 2021;]
"Regulations of 2021" means the European Union (Investment Firms) Regulations 2021;
F410["relevant provisions" means a provision of Regulation 40A and Regulations 42 to 50 of the Regulations of 2021.]]
Annotations
Amendments:
F404
Inserted (21.09.2021) by European Union (Investment Firms) Regulations 2021 (S.I. No. 355 of 2021), reg. 52(c).
F405
Substituted (10.02.2026) by European Union (European Single Access Point) (No. 2) Regulations 2026 (S.I. No. 33 of 2026), reg. 15(1)(c)(i)-(iv).
F406
Substituted (19.04.2023) by Central Bank (Individual Accountability Framework) Act 2023 (5/2023), s. 41(a), (b), S.I. No. 176 of 2023.
F407
Inserted (19.04.2023) by Central Bank (Individual Accountability Framework) Act 2023 (5/2023), s. 41(c), S.I. No. 176 of 2023.
F408
Deleted (19.04.2023) by Central Bank (Individual Accountability Framework) Act 2023 (5/2023), s. 41(d), S.I. No. 176 of 2023.
F409
Inserted (10.02.2026) by European Union (European Single Access Point) (No. 2) Regulations 2026 (S.I. No. 33 of 2026), reg. 15(1)(c)(v)(I).
F410
Substituted (10.02.2026) by European Union (European Single Access Point) (No. 2) Regulations 2026 (S.I. No. 33 of 2026), reg. 15(1)(c)(v)(II).
