Proceeds of Crime (Amendment) Act 2005
Short title, collective citation and construction.
1.—(1) This Act may be cited as the Proceeds of Crime (Amendment) Act 2005.
(2) The Principal Act and Part 2 of this Act may be cited together as the Proceeds of Crime Acts 1996 and 2005.
(3) The Act of 1996 and Part 3 of this Act may be cited together as the Criminal Assets Bureau Acts 1996 and 2005.
(4) The Prevention of Corruption Acts 1889 to 2001 and Part 5 of this Act may be cited together as the Prevention of Corruption Acts 1889 to 2005.
Modifications (not altering text):
Application of Prevention of Corruption Acts 1889-2001 extended (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 16, S.I. No. 545 of 2009.
Prevention of corruption.
16.— (1) To avoid doubt, the provisions of the Prevention of Corruption Acts 1889 to 2001 apply to—
(a) every officer of NAMA,
(b) the Chief Executive Officer,
(c) the other members of the Board, and
(d) every director of a NAMA group entity.
(2) Where in any proceedings against a person who performs functions for or on or behalf of NAMA, or who performs functions connected to the valuation of eligible bank assets, for an offence under the Public Bodies Corrupt Practices Act 1889 or the Prevention of Corruption Act 1906 it is shown that—
(a) any gift, consideration or advantage has been given to or received by the person, and
(b) the person who gave the gift, consideration or advantage or on whose behalf the gift, consideration or advantage was given was—
(i) a person who is a debtor in relation to an eligible bank asset, or
(ii) an associated debtor of such a person,
the gift or consideration or advantage shall be taken, unless the contrary is proved, to have been given and received corruptly as an inducement to or reward for the person performing or omitting to perform any of those functions.