Central Bank Act 1942

F386[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) F387[participation by a person, while 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

F387[(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 or a mixed‑activity holding company.]

F388[(2A) References in subsections (1) and (2) to an investment holding company, a mixed financial holding company or a mixed activity holding company do not include references to a regulated financial service provider which is such a company.]

(3) F389[]

(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:

F386

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

F387

Substituted (19.04.2023) by Central Bank (Individual Accountability Framework) Act 2023 (5/2023), s. 41(a), (b), S.I. No. 176 of 2023.

F388

Inserted (19.04.2023) by Central Bank (Individual Accountability Framework) Act 2023 (5/2023), s. 41(c), S.I. No. 176 of 2023.

F389

Deleted (19.04.2023) by Central Bank (Individual Accountability Framework) Act 2023 (5/2023), s. 41(d), S.I. No. 176 of 2023.