Credit Union Act 1997

Investigation of complaints.

127

127.F276 [ (1) The Minister may, by order notified in Iris Oifigi ú il , require a credit union to establish or join in establishing a scheme or schemes for the investigation of complaints against the credit union in relation to a pre- scribed matter of complaint.

(1A) The Minister may make an order under subsection (1) only after consulting the Bank, the Advisory Committee and such other bodies as appear to the Minister to have expertise or knowledge about credit unions. ]

(2) Without prejudice to the generality of subsection (1), F277 [ an order ] under this section may make provisions in relation to any one or more of the following—

( a) the establishment and administration of a scheme;

( b) the manner of appointment of an independent adjudicator to conduct investigations;

( c) the matters to be subject to investigation under the scheme;

( d) the grounds on which a complaint must be based;

( e) the powers of, and procedure to be followed in the conduct of investigations by, the adjudicator;

( f) the circumstances in and the extent to which determinations are binding;

( g) the procedures for the making of complaints;

( h) the publication of the adjudicator's findings; and

( i) the approval of the scheme by the F277 [ Bank ].

(3) The reference of a complaint under a scheme established under this section shall not affect the rights of a member to have such a dispute as is referred to in subsection (1) of section 125 determined as provided for by the rules of the credit union, but any such dispute that relates to a matter covered by such a scheme may, if both the complainant and the credit union agree, instead of being so determined be determined under such a scheme, such determination being binding on both parties.

Annotations

Amendments:

F276

Substituted and inserted (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 35(1) and sch. 1 pt. 24 item 88, S.I. No. 160 of 2003, subject to transitional provisions in s. 36 and sch. 3.

F277

Substituted (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 35(1) and sch. 1 pt. 24 item 88, S.I. No. 160 of 2003, subject to transitional provisions in s. 36 and sch. 3 para. 26.

F278

Deleted by Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004), s. 33 and sch. 3 pt. 14 item 5, not commenced as of date of revision.

Modifications (not altering text):

C14

Prospective affecting provision: section deleted by Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004), s. 33 and sch. 3 pt. 14 item 5, not commenced as of date of revision.

127.F278 [ ]

Editorial Notes:

E87

Provision for the continuance in force of certain existing regulations made by Minister for Enterprise, Trade and Employment under section, capable of being continued in force by the Minister for Finance, made (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 36 and sch. 3 para. 27(2), S.I. No. 160 of 2003. It appears however that no such regulations exist.