Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

F190[Direction not to carry out business other than as directed


108G. (1) If the Bank reasonably believes that there may be grounds for cancelling a registration under section 108C, the Bank may serve on the person registered a direction in writing prohibiting that person from carrying on business as a cheque cashing office other than in accordance with conditions specified by the Bank in the direction.

(2) The Bank shall include in a direction under this section a statement

(a) setting out the reasons for giving the direction,

(b) specifying the period during which the direction remains in force, and

(c) specifying the conditions with which the person registered is required to comply.

(3) The Bank may, by notice in writing served on the person registered concerned, amend or revoke a direction given under subsection (1).

(4) Without prejudice to the generality of subsection (3), the Bank may, by notice in writing given to the person registered concerned, extend the period during which a direction remains in force by a further period or periods not exceeding 6 months.

(5) A direction under this section ceases to have effect

(a) at the end of the period, not exceeding 6 months, specified in the direction, or if the period is extended under subsection (4), at the end of the extended period, or

(b) on the cancellation of the registration of a person under section 108C, whichever occurs first.

(6) A person who contravenes a direction given under subsection (1), or fails to comply with a condition contained in the direction, commits an offence.

(7) A person who commits an offence under this section is liable

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding 500,000 or imprisonment for a term not exceeding 3 years (or both).

(8) A decision of the Bank to give a direction under subsection (1) is an appealable decision for the purposes of Part VIIA of the Central Bank Act 1942.]




Inserted (2.12.2019) by European Union (Anti-Money Laundering: Cheque Cashing Offices) Regulations 2019 (S.I. No. 600 of 2019), reg. 2(c). A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.