Central Bank Act 1997

F89[Imposition of conditions or requirements on authorised retail credit firms and home reversion firms.

33A.— (1) Without limiting section 33, the Bank may do all or any of the following in respect of F90[a person authorised to carry on a regulated business]:

(a) make F90[the person’s] authorisation subject to such conditions or requirements, or both, as it considers appropriate, relating to—

(i) the proper and orderly regulation and supervision of F90[persons authorised to carry on regulated business], and

(ii) the protection of their customers or potential customers;

(b) impose conditions or requirements, or both, relating to the affairs or activities in an associated undertaking or a related undertaking;

(c) require the display on F90[any relevant document] of a notice in a form provided or prescribed by the Bank of any information relevant to F90[the document];

(d) at any time, impose conditions or requirements, or both, on an authorised F90[person] and either amend or revoke any condition or requirement imposed under this paragraph or under paragraph (a), (b) or (c).

(2) A condition or requirement referred to in subsection (1) may be imposed in relation to any or all of the following:

(a) an authorised F90[person];

(b) all authorised F90[persons];

(c) a class or classes of authorised F90[persons];

(d) a specified period of time or times;

(e) an associated undertaking or related undertaking;

(f) such matters relating to the proper and orderly regulation and supervision of authorised F90[persons], and the protection of their customers or potential customers, as the Bank considers appropriate.

(3) Without limiting subsections (1) and (2), the Bank may impose conditions or requirements on an authorisedF90[person], or a class of authorised F90[persons] concerning—

(a) the level of training, qualifications or professional competence of managers, officers or employees,

(b) the provision of information to the Bank or to a person specified by the Bank, and

(c) the application of a prescribed code of practice relating to—

(i) regulated financial service providers within the meaning of the Central Bank Act 1942, or

(ii) a class of regulated financial service providers whose business appears to be comparable to that of an authorised F90[person] or a class of authorised F90[persons].]

F91[(4) The Bank may also impose on persons authorised to carry on a money transmission business a condition or requirement to raise and maintain such capital or other financial resources as may be specified by the Bank.

(5) The Bank may also impose on a debt management firm F92[or credit servicing firm] a condition or requirement to effect a policy of professional indemnity insurance—

(a) in such form,

(b) providing indemnification up to such sum and in respect of such matters, and

(c) valid for such minimum period,

as the Bank may specify from time to time.]

Annotations

Amendments:

F89

Inserted (1.02.2008) by Markets in Financial Instruments and Miscellaneous Provisions Act 2007 (37/2007), s. 19(h), S.I. No. 782 of 2007.

F90

Substituted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 63(a)-(e), S.I. No. 287 of 2013.

F91

Inserted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 63(f), S.I. No. 287 of 2013.

F92

Inserted (8.07.2015) by Consumer Protection (Regulation of Credit Servicing Firms) Act 2015 (21/2015), s. 3,commenced on enactment.