Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

F271[Taking effect of decision as to breach and taking effect of administrative sanction

109Y

109Y.— (1) A decision as to breach of a relevant obligation shall take effect–

(a) where an appeal against the decision is taken under section 109ZB, when the decision is upheld on appeal,

(b) when the decision is confirmed by the Circuit Court in accordance with section 109ZC, or

(c) where the decision, having been remitted to an adjudication officer for reconsideration, is confirmed by the officer under subsection (2)(b) of section 109W, on the date specified in the notice under subsection (3) of that section.

(2) An administrative sanction shall take effect–

(a) where an appeal is taken under section 109ZB–

(i) when the sanction is confirmed on appeal by the appropriate court under subsection (7)(b)(i) or (7)(c)(i) of that section or when a different administrative sanction is imposed by the appropriate court under subsection (7)(b)(iii) or (7)(c)(iii) of that section, or

(ii) where the appropriate court on appeal remits the sanction to an adjudication officer and the sanction is confirmed by the officer under subsection (2)(b) of section 109W or a different administrative sanction is imposed by the officer under subsection (1) or (2)(b) of that section, on the date specified in the notice under subsection (3) of that section,

or

(b) where an application is made to the Circuit Court under section 109ZC–

(i) when the sanction is confirmed by the Court under subsection (5) of that section or when a different administrative sanction is imposed by the Court under subsection (7)(c) of that section, or

(ii) where the Court remits the sanction to an adjudication officer and the sanction is confirmed by the officer under subsection (2)(b) of section 109W or a different administrative sanction is imposed by the officer under subsection (1) or (2)(b) of that section, on the date specified in the notice under subsection (3) of that section.

(3) Where an administrative sanction takes effect in accordance with subsection (2), the sanction may be enforced by the Minister without the need for any further judgment of a court.

(4) The Minister may recover, as a simple contract debt in any court of competent jurisdiction, any amount due and owing by a relevant provider as a financial penalty or a daily penalty payment which has taken effect as an administrative sanction in accordance with subsection (2).

(5) Where a relevant provider fails to comply with an administrative sanction that has taken effect in accordance with subsection (2), the High Court may, on an application to it by the Minister in that behalf–

(a) compel compliance with the administrative sanction imposed, and

(b) grant such injunctive relief (if any) that the Court considers necessary.

(6) The High Court may not require the Minister to give an undertaking as to damages as a condition of granting any injunctive relief under subsection (5)(b).

(7) The Minister shall, on a website maintained by or on behalf of the Minister or in such other manner as the Minister considers appropriate, with due regard for the protection of commercially sensitive information, publish a notice of–

(a) a decision as to breach of a relevant obligation that has taken effect in accordance with subsection (1), and

(b) an administrative sanction that has taken effect in accordance with subsection (2).

(8) The Minister may redact such information from a notice to be published under subsection (7) as the Minister considers necessary and appropriate having regard to–

(a) the need to protect commercially sensitive information,

(b) the rights of the parties or any other person, or

(c) any other good and sufficient reason.]

Annotations

Amendments:

F271

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.