Central Bank Act 1942
F390[Application of Part to holding companies under Part 3 of Central Bank Reform Act 2010
33ANH.— (1) This Part applies in relation to—
(a) the commission or suspected commission by a financial holding company, mixed financial holding company, insurance holding company or investment holding company of a contravention of—
(i) a provision of Part 3 of the Central Bank Reform Act 2010,
(ii) a direction given to the company concerned under Part 3 of the Central Bank Reform Act 2010,
(iii) any requirement imposed on the company concerned under a provision of Part 3 of the Central Bank Reform Act 2010, or
(iv) any obligation imposed on the company concerned by this Part or imposed by the Bank pursuant to a power exercised under this Part,
and
(b) participation by a person, while concerned in the management of a financial holding company, mixed financial holding company, insurance holding company or investment holding company, in the commission by the company concerned 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, insurance holding company or investment 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, insurance holding company or investment holding company, of a provision, direction, requirement or obligation referred to in subsection (1), and
(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, insurance holding company or investment holding company.
(3) References in subsections (1) and (2) to a financial holding company, mixed financial holding company, insurance holding company or investment holding company do not include references to a regulated financial service provider which is such a company.
(4) In this section—
"financial holding company" and "mixed financial holding company" have the same meaning as in section 33ANC;
"insurance holding company" has the same meaning as in section 33ANF;
"investment holding company" has the same meaning as in section 33ANG.]
Annotations
Amendments:
F390
Inserted (19.04.2023) by Central Bank (Individual Accountability Framework) Act 2023 (5/2023), s. 42, S.I. No. 176 of 2023.
Editorial Notes:
E185
The section heading is taken from the amending section in absence of one included in the amendment.