Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

F266[Action by adjudication officer after assignment to conduct adjudication

109T

109T.— (1) An adjudication officer to whom an adjudication is assigned under section 109R shall, as soon as practicable after such assignment, give the relevant provider–

(a) a copy of this section, and

(b) a notice in writing stating that the relevant provider may make submissions in writing, within the period specified in the notice, to the adjudication officer on the investigation report to which the adjudication relates.

(2) Submissions may be made under paragraph (b) of subsection (1) within the period specified in the notice given under that paragraph or within such further period, not exceeding 15 days, as the adjudication officer may agree in writing with the relevant provider.

(3) An adjudication officer may where he or she considers necessary or appropriate for the purposes of resolving an issue of fact or otherwise enabling the adjudication officer to make a decision or to impose an administrative sanction under this Chapter, do any of the following:

(a) issue a direction under section 109K;

(b) request further information from the relevant provider;

(c) request further information from any other person, and may, for the purposes of doing so, provide a copy of the investigation report to the person;

(d) conduct an oral hearing under section 109V.

(4) An adjudication officer shall, as soon as practicable after making a request under subsection (3)(c), provide a copy of the request to the Minister and the relevant provider.

(5) As soon as practicable after receiving any information pursuant to a request under subsection (3)(c), the adjudication officer shall give the relevant provider–

(a) a copy of the information or, where the protection of commercially sensitive information means that such information cannot be provided in full, a summary of such information, and

(b) a notice in writing stating that the Minister and the relevant provider may make submissions in writing to the adjudication officer on the information within the period specified in the notice.

(6) Submissions may be made under paragraph (b) of subsection (5) within the period specified in the notice given under that paragraph or within such further period, not exceeding 10 days, as the adjudication officer may agree in writing with the Minister or relevant provider, as the case may be.

(7) A person who receives a copy of a report under subsection (3)(c) shall not, without the prior consent in writing of the adjudication officer, disclose the existence or the content of the report to any other person.

(8) A person who fails to comply with subsection (7) is guilty of an offence and is liable on summary conviction to a class A fine.]

Annotations

Amendments:

F266

Inserted (30.06.2026) by European Union (Money Laundering and Terrorist Financing) (Administrative Sanctions) Regulations 2026 (S.I. No. 307 of 2026), reg. 5, in operation as per reg. 2.