Central Bank Act 1942

F399[F400[Bank] to give notice to regulated financial service provider with respect to inquiry.

33AP

F401[33AP. (1) Before holding an inquiry under section 33AO, the Bank shall give notice in writing of the proposed inquiry to the person concerned.

(2) The notice under subsection (1) must specify the grounds on which the Bank’s suspicions are based.

(3) In the notice under subsection (1) or by a separate notice or notices the Bank shall also—

(a) specify a date, time and place at which the Bank will hold the inquiry, and

(b) either invite the person concerned to attend the inquiry or invite the person concerned to make written submissions about the matter to which the inquiry relates.

(4) A person concerned, whether or not invited to attend the inquiry, may, before the date of the inquiry, lodge with the Bank any written submissions that the person wishes the Bank to take into account when considering the matter to which the inquiry relates.

(5) The Bank may adjourn an inquiry from time to time and from place to place, but if it does so it shall ensure that the person concerned is notified of the date, time and place at which the inquiry is to be resumed.

(6) The Bank may proceed with an inquiry in the absence of the person concerned so long as that person has been given an opportunity to attend the inquiry or to lodge any written submissions in accordance with subsection (4).]]

Annotations

Amendments:

F399

Inserted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004), s. 10, S.I. No. 455 of 2004, subject to transitional provisions in s. 35 and sch. 5.

F400

Substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(2)(a), S.I. No. 469 of 2010.

F401

Substituted (19.04.2023) by Central Bank (Individual Accountability Framework) Act 2023 (5/2023), s. 45, S.I. No. 176 of 2023.

Editorial Notes:

E187

Previous affecting provision: subss. (1), (2)(a), (b), (3), (4), (5) amended by Central Bank Reform Act 2010 (23/2010), s. 14(2)(a), (b), S.I. No. 469 of 2010; substituted (19.04.2023) as per F-note above.

E188

Previous affecting provision: section inserted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004), s. 10, S.I. No. 455 of 2004, subject to transitional provisions in s. 35 and sch. 5; substituted as per F-note above.