Central Bank Act 1942

F366[Application of Part under Investment Firms Directive

33ANG

33ANG.(1) This Part applies in relation to—

(a) the commission or suspected commission by an investment holding company, a mixed financial holding company or a mixed activity holding company of a contravention of—

(i) a relevant provision,

(ii) any direction given to an investment holding company, a mixed financial holding company or a mixed activity holding company 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 or a mixed activity holding company under—

(I) a relevant provision,

(II) any direction given to an investment holding company, a mixed financial holding company or a mixed activity holding company 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 or a mixed activity holding company by this Part or imposed by the Bank pursuant to a power exercised under this Part,

and

(b) participation, by a person concerned in the management of an investment holding company, a mixed financial holding company or a mixed activity holding company, 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 a mixed activity holding company,

(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 or a 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 an investment holding company, a mixed financial holding company or a 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—

"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;

"Regulations of 2021" means the European Union (Investment Firms) Regulations 2021;

"relevant provisions" means a provision of Regulations 42 to 50 of the Regulations of 2021.]

Annotations:

Amendments:

F366

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