Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

114

Amendment of Central Bank Act 1942.

114.— (1) In this section, “Act of 1942” means the Central Bank Act 1942.

(2) Section 33AK(5) (inserted by section 26 of the Central Bank and Financial Services Authority of Ireland Act 2003) of the Act of 1942 is amended by deleting paragraph (n).

(3) The Act of 1942 is amended by inserting the following after section 33AN (inserted by section 10 of the Central Bank and Financial Services Authority of Ireland Act 2004):

“Application of Part to credit unions.

33ANA.— (1) This Part applies in relation to—

(a) the commission or suspected commission by a credit union of a contravention of—

(i) a provision of Part 4 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010,

(ii) any direction given to the credit union under a provision of Part 4 of that Act,

(iii) any condition or requirement imposed on the credit union under a provision of Part 4 of that Act or under any direction given to the credit union under a provision of that Part, or

(iv) any obligation imposed on the credit union by this Part or imposed by the Regulatory Authority pursuant to a power exercised under this Part,

and

(b) participation, by a person concerned in the management of a credit union, in the commission by the credit union of such a contravention.

(2) For those purposes—

(a) a reference in this Part to a regulated financial service provider includes a reference to a credit union,

(b) a reference in this Part to a prescribed contravention includes a reference to a contravention, by a credit union, of a provision, direction, condition, requirement or obligation referred to in subsection (1), and

(c) a reference in this Part to a person concerned in the management of a regulated financial service provider includes a reference to a person concerned in the management of a credit union.

(3) Nothing in this section limits the application of this Part in relation to matters other than those referred to in subsection (1).

(4) This section has effect notwithstanding anything to the contrary in section 184 of the Credit Union Act 1997.”.

(4) Schedule 2 (substituted by section 31 of the Central Bank and Financial Services Authority of Ireland Act 2003) to the Act of 1942 is amended in Part 1 by inserting the following at the end of the Part:

No. __ of 2010

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

Part 4

”.