Central Bank (Supervision and Enforcement) Act 2013

38.

Protected disclosure.

38.— (1) Where a person makes, in good faith, whether in writing or otherwise, a disclosure to an appropriate person and the person making the disclosure has reasonable grounds for believing that the disclosure will show one or more of the following:

( a) that an offence under any provision of financial services legislation may have been or may be being committed;

( b) that a prescribed contravention may have been or may be being committed;

( c) that any other provision of financial services legislation may have been or may be being contravened;

( d) that evidence of any matter which comes within paragraph (a), (b) or (c) has been, is being or is likely to be deliberately concealed or destroyed,

the disclosure shall be a protected disclosure for the purposes of this Part.

F14 [ (1A) Subsection (1) does not apply to a disclosure that is a protected disclosure within the meaning of the Protected Disclosures Act 2014. ]

(2) ( a) A person appointed to perform a pre-approval controlled function (within the meaning of section 18 of the Central Bank Reform Act 2010) shall, as soon as it is practicable to do so, disclose to the Bank information relating to one or more of the matters specified in subsection (1)(a) to (d) which he or she believes will be of material assistance to the Bank.

( b) A disclosure under paragraph (a) shall be a protected disclosure for the purposes of this Part.

( c) Paragraph (a) does not apply if the person has a reasonable excuse.

( d) It is a reasonable excuse for the purposes of paragraph (c) for a person to fail to make a disclosure on the ground that the disclosure might tend to incriminate the person.

( e) It is a reasonable excuse for the purposes of paragraph (c) for a person to fail to make a disclosure on the ground that the information has already been disclosed by another person.

( f) Paragraphs (d) and (e) do not limit what is a reasonable excuse for the purposes of paragraph (c).

(3) A disclosure made anonymously shall not be a protected disclosure for the purposes of this Part.

(4) ( a) The Governor shall provide a report to the Central Bank Commission at least annually on any action taken or not taken in response to protected disclosures F14 [ and disclosures which would be protected disclosures but for subsection (1A) ].

( b) The Central Bank Commission shall determine the form and content of the report to be provided under paragraph (a).

Annotations

Amendments:

F14

Inserted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 24(1) and sch. 4 part 1 item 17, S.I. No. 327 of 2014.