Criminal Justice Act 2011

SCHEDULE 1

“RELEVANT OFFENCES” FOR THE PURPOSES OF THIS ACT

Offences relating to banking, investment of funds and other financial activities

1. An offence under section 58 of the Central Bank Act 1971 insofar as it relates to a contravention of section 17, 18, 23, 24 or 25 of that Act.

2. An offence under section 37(6) or 41(1) of the Insurance Act 1989.

3. An offence under section 20(4) or 24(4) of the Trustee Savings Banks Act 1989.

4. An offence under section 11(3) or 13(5) of the Unit Trusts Act 1990.

5. An offence under section 25(5) or 27(4), or subsection (7) or (8) of section 35, of the Investment Limited Partnerships Act 1994.

6. An offence under section 10(16), 19(1)( b), 30, 34, 35(4), 46(2), 54(6), 56(9), subsection (3), (5), (6) or (9) of section 52 or subsection (7) or (8) of section 79, of the Investment Intermediaries Act 1995.

7. An offence under section 12(2) of the Consumer Credit Act 1995 insofar as it relates to a contravention of subsection (1) or (3) of section 97, or section 101, 102 or 127, of that Act.

8. An offence under section 29(3), or subsection (7) or (8) of section 43, of the Investor Compensation Act 1998.

9. An offence under section 14(3) or 15(2) of the Investment Funds, Companies and Miscellaneous Provisions Act 2005.

10. An offence under section 5(2) of the Markets in Financial Instruments and Miscellaneous Provisions Act 2007 insofar as it relates to—

( a) a failure to discharge a duty to which a person is subject under Regulation 40(1) or 112(1) of the European Communities (Markets in Financial Instruments) Regulations 2007 ( S.I. No. 60 of 2007), or

( b) a contravention of Regulation 19, 52, 159 or 187B of those Regulations.

11. An offence under Regulation 20(2), 22(4), 58(9), 59(8), 60(6), 62(4) or 76(1) of the European Communities (Reinsurance) Regulations 2006 ( S.I. No. 380 of 2006).

12. An offence under section 7 of the National Asset Management Agency Act 2009 insofar as it relates to a person other than a credit institution (within the meaning of that Act).

13. An offence under section 48 of the Central Bank Reform Act 2010.

Company law offences

14. An offence under section 60(15), 295 or 297, or under paragraph ( a), ( d), ( e), ( f), ( g), ( i), ( j), ( k), ( l), ( m), ( n), ( o) or ( p) of section 293(1), of the Companies Act 1963.

15. An offence under any of the following provisions of the Companies (Amendment) Act 1986:

( a) section 22(1)( a) (insofar as it relates to a failure to comply with section 5 or 16 of that Act),

( b) section 22(2) (insofar as it relates to a failure to take all reasonable steps to secure compliance with the requirements of section 3 of that Act or a failure to comply with section 13 of that Act), or

( c) section 22(3).

16. An offence under section 197, 202(10), 242 or 243(1) of the Companies Act 1990.

17. An offence under section 37(1) of the Companies (Amendment) (No. 2) Act 1999.

18. An offence under section 48 of the Investment Funds, Companies and Miscellaneous Provisions Act 2005.

19. An offence under Regulation 5 or 6 of the Market Abuse (Directive 2003/6/EC) Regulations 2005 ( S.I. No. 342 of 2005).

20. An offence under Regulation 76(4) of the Transparency (Directive 2004/109/EC) Regulations 2007 ( S.I. No. 277 of 2007).

Money laundering and terrorist offences

21. An offence under section 7, 8, 9, 10, 35, 37, 38, 42 or 49 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010.

22. An offence under section 13 of the Criminal Justice (Terrorist Offences) Act 2005.

Theft and fraud offences, etc.

23. An offence under section 4 , 6, 7, 9, 10, 11, 15, 17, 18, 25, 26, 27, 28, 29, 33, 34, 35, 36, 37, 38, F6 [ 38A, ] 42, F7 [ 42A, ] 43, 44, 45 or 51 of the Criminal Justice (Theft and Fraud Offences) Act 2001 .

24. Conspiracy to defraud at common law.

25. An offence under section 119 of the Registration of Title Act 1964.

26. An offence under section 17 .

Bribery and corruption offences

27. An offence under section 1 of the Prevention of Corruption Act 1906.

28. An offence under section 7 or 8 of the Prevention of Corruption (Amendment) Act 2001.

F8 [ 28A. An offence under section 5 , 6 , 7 , 8 , 9 or 10 of the Criminal Justice (Corruption Offences) Act 2018. ]

Consumer protection offence

29. An offence under section 65 of the Consumer Protection Act 2007.

Criminal damage to property offences

F9 [ 30. An offence under section 2 , 3 or 4 of the Criminal Damage Act 1991

(a) that occurred before the commencement of section 15 of the Criminal Justice (Offences Relating to Information Systems) Act 2017, and

(b) in so far as the offence relates to data (within the meaning of the Criminal Damage Act 1991 as that Act was in force before that commencement) or a storage medium in which such data are kept.

30A. An offence under section 2 , 3 , 4 , 5 or 6 of the Criminal Justice (Offences Relating to Information Systems) Act 2017 in so far as the offence relates to data (within the meaning of that Act). ]

F10 [ Competition offence

31. An offence under section 6 of the Competition Act 2002 , that is an offence involving an agreement, decision or concerted practice to which subsection (2) of that section applies. ]

Annotations

Amendments:

F6

Inserted (3.08.2021) by Counterfeiting Act 2021 (16/2021), s.32, S.I. No. 404 of 2021.

F7

Inserted (14.04.2021) by Criminal Justice (Theft and Fraud Offences) (Amendment) Act 2021 (2/2021), s. 10, S.I. No. 167 of 2021.

F8

Inserted (30.07.2018) by Criminal Justice (Corruption Offences) Act 2018 (9/2018), s. 28, S.I. No. 298 of 2018.

F9

Substituted and inserted (12.06.2017) by Criminal Justice (Offences Relating to Information Systems) Act 2017 (11/2017), s. 15, S.I. No. 249 of 2017.

F10

Inserted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 90, S.I. No. 366 of 2014.

Editorial Notes:

E4

Acts in paras. 27, 28 repealed (30.07.2018) by Criminal Justice (Corruption Offences) Act 2018 (9/2018), s. 4 and sch. 2, S.I. No. 298 of 2018.