Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
F202[Duration of certificate of fitness
109D.— (1) A certificate of fitness shall remain in force until the expiration of 3 years after the date on which the certificate was issued.
(2) If, before the expiration of a certificate of fitness, the individual to whom it was issued makes an application for a new certificate of fitness, the first-mentioned certificate of fitness shall remain in force—
(a) until the issue of the new certificate of fitness,
(b) in circumstances where the application is refused by the Superintendent of the Garda Síochána concerned or by the Minister and the individual does not make a request referred to in section 109E(1), until the expiration of the period within which the request may be made,
(c) in circumstances where the application is refused by the Superintendent of the Garda Síochána concerned or by the Minister and the individual makes a request referred to in section 109E(1) but does not bring an appeal under that section, until the expiration of the period specified in subsection (3) of that section, or
(d) in circumstances where the application is refused by the Superintendent of the Garda Síochána concerned or the Minister and the individual appeals the refusal in accordance with section 109E, until—
(i) the District Court affirms the refusal in accordance with that section, or
(ii) the issue of a new certificate of fitness pursuant to a direction of the District Court under subsection (4)(b) of that section.]
Annotations
Amendments:
F202
Inserted (26.11.2018) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 (26/2018), s. 35, S.I. No. 486 of 2018.
F203
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. no. 27, not commenced as of date of revision, subject to transitional provisions in ss. 13, 21.
Modifications (not altering text):
C17
Prospective affecting provision: subss. (2)(b), (c), (d) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. no. 27, not commenced as of date of revision, subject to transitional provisions in ss. 13, 21.
(2) ...
(b) in circumstances where the application is refused by the F203[Inspector] of the Garda Síochána concerned or by the Minister and the individual does not make a request referred to in section 109E(1), until the expiration of the period within which the request may be made,
(c) in circumstances where the application is refused by the F203[Inspector] of the Garda Síochána concerned or by the Minister and the individual makes a request referred to in section 109E(1) but does not bring an appeal under that section, until the expiration of the period specified in subsection (3) of that section, or
(d) in circumstances where the application is refused by the F203[Inspector] of the Garda Síochána concerned or the Minister and the individual appeals the refusal in accordance with section 109E, until—
...
Editorial Notes:
E51
The section heading is taken from the amending section in the absence of one included in the amendment.