Credit Union Act 1997

Inspector’s report and proceedings thereon.

94

94. (1) An inspector appointed under section 92 may, and shall if the F201 [ Bank ] so requires, make an interim report to the F201 [ Bank ] and on conclusion of the investigation, shall make a final report to the F201 [ Bank ]; but the inspector may at any time in the course of his investigation, without making an interim report, inform the F201 [ Bank ] of matters coming to his knowledge as a result of the investigation.

F201 [ (2) In relation to a report made to the Bank under this section, the Bank shall

( a ) give a copy to the Minister, and

( b ) if the inspector who made the report makes or has made an application to the Court under section 93(5) , deliver a copy to the Court, and

( c ) if it thinks fit, provide a copy to the credit union and its auditor, and

( d ) on request and on payment of such fee (if any) as may be prescribed under section 33K of the Central Bank Act 1942 , for the purposes of this paragraph, provide a copy to any other person

(i) who is a member of the credit union, or

(ii) who is a member of any other body dealt with in the report by virtue of section 92(4) , or

(iii) whose interests as a creditor of the credit union, or of that other body, appear to the Bank to be affected,

and

( e ) where the investigation results from an application under section 92(1)(a) at the request of the applicants and if the Bank thinks fit, give a copy to the applicants. ]

(3) The Minister may lay the report under subsection (1) before each House of the Oireachtas and such publication shall be privileged; and the F201 [ Bank ] may, if F201 [ it ] thinks fit, cause a report which is not so laid to be printed and published.

(4) Where it appears to the F201 [ Bank ] that any person has, in relation to the credit union or other body the affairs of which have been investigated under section 92 , been guilty of any offence for which he is criminally liable, the F201 [ Bank ] shall refer the matter to the Director of Public Prosecutions.

(5) Where the Director of Public Prosecutions institutes proceedings consequent on the receipt by him of a report under subsection (4), it shall be the duty of all officers, members F202 [ ] and agents of the credit union or other body (other than the defendants in the proceedings) to give him all assistance in connection with the prosecution which they are reasonably able to give.

(6) Where it appears to the F201 [ Bank ] after consideration of an inspector's report under subsection (1) that it is expedient to do so, F201 [ it ] may, unless the credit union is being wound up by the Court, petition the Court for an order to wind up the credit union under section 134 .

(7) Where it appears to the F201 [ Bank ] after consideration of an inspector's report under subsection (1) that proceedings ought in the public interest to be brought by the credit union for damages, in respect of any fraud, misfeasance or other misconduct in connection with the promotion or formation of the credit union or the management of its affairs, or for the recovery of any property misapplied or wrongfully retained, F201 [ it ] may bring proceedings for that purpose in the name of the credit union.

(8) The F201 [ Bank ] may indemnify the credit union against any costs or expenses incurred by it in, or in connection with, any proceedings brought under subsection (7).

(9) A copy of any report of an inspector appointed under section 92 shall be admissible in any legal proceedings as evidence of the opinion of the inspector in relation to any matter contained in the report.

(10) Expressions to which a meaning is assigned by section 93 (1) have the same meaning in this section.