Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

60

Meaning of “competent authority”.

60.— (1) Subject to section 61, a reference in this Part to the competent authority for a designated person is a reference to the competent authority prescribed for the class of designated persons to which the designated person belongs.

(2) If no such competent authority is prescribed, a reference in this Part to the competent authority is a reference to the following:

(a) in the case of a designated person that is a credit institution or a financial institution, the F130[Central Bank of Ireland];

(b) in the case of a designated person who is an auditor, external accountant, tax adviser or trust or company service provider—

(i) if the person is a member of a designated accountancy body, the designated accountancy body, or

(ii) if the person is not a member of a designated accountancy body and is a body corporate, or a body of unincorporated persons, carrying out its functions under this Part F131[through officers and members] of it who are members of a designated accountancy body, the designated accountancy body;

(c) in the case of a designated person who is a solicitor, the Law Society of Ireland;

F132[(d) in the case of a designated person who is a barrister, the Legal Services Regulatory Authority;]

F133[(da) F134[]]

F135[(db) in the case of a designated person that is a property services provider, the Property Services Regulatory Authority;]

(e) in the case of any designated person other than a designated person referred to in paragraph (a), (b), (c) F132[, (d) or (db)], the Minister.

(3) The Minister may prescribe a competent authority for a class of designated persons, for the purpose of subsection (1), only if the Minister is satisfied that the competent authority is more appropriate than the competent authority specified in subsection (2) for the class of designated persons, having regard to the nature of the business activities engaged in by that class.

Annotations

Amendments:

F130

Substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 15(14) and sch. 2 part 14 para. 33, S.I. No. 469 of 2010.

F131

Substituted (14.06.2013) by Criminal Justice Act 2013 (19/2013), s. 13, S.I. No. 196 of 2013.

F132

Substituted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (3/2021), s. 18(a), (d), S.I. No. 188 of 2021.

F133

Inserted (7.10.2019) by Legal Services Regulation Act 2015 (65/2015), s. 214(b), S.I. No. 502 of 2019.

F134

Deleted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (3/2021), s. 18(b), S.I. No. 188 of 2021.

F135

Inserted (23.04.2021) by Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 (3/2021), s. 18(c) , S.I. No. 188 of 2021.

F136

Inserted by Gambling Regulation Act 2024 (35/2024), s. 230(c)(i), not commenced as of date of revision.

F137

Substituted by Gambling Regulation Act 2024 (35/2024), s. 230(c)(ii), not commenced as of date of revision.

Modifications (not altering text):

C12

Prospective affecting provision: subs. (2)(dc) inserted, (e) amended by Gambling Regulation Act 2024 (35/2024), s. 230(c)(i), (ii), not commenced as of date of revision.

F136[(dc) in the case of a designated person that is a gambling service provider, the Gambling Regulatory Authority of Ireland;]

(e) in the case of any designated person other than a designated person referred to in paragraph (a), (b), (c), F137[(d), (db) or (dc)], the Minister.

Editorial Notes:

E33

Power pursuant to subs. (3) exercised (30.12.2024) by Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Sections 25 and 60) (Prescribed Class and Competent Authority) Regulations 2024 (S.I. No. 724 of 2024), in effect as per reg. 1(2).

E34

Power pursuant to subs. (3) exercised (1.09.2016) by Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority and State Competent Authority) Regulations 2016 (S.I. No. 453 of 2016), in effect as per reg. 2.

E35

Powers pursuant to subs. (3) exercised (3.03.2014) by Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (Competent Authority) Regulations 2014 (S.I. No. 79 of 2014), in effect as per reg. 2.

E36

Previous affecting provision: subss. (2)(d) inserted (7.10.2019) by Legal Services Regulation Act 2015 (65/2015), s. 214(a), S.I. No. 502 of 2019; substituted as per F-note above.

E37

Previous affecting provision: subss. (2)(da) inserted (7.10.2019) by Legal Services Regulation Act 2015 (65/2015), s. 214(b), S.I. No. 502 of 2019; deleted as per F-note above.