Competition and Consumer Protection Act 2014
Amendment of Part 2 of Act of 2007
76. Chapter 1 of Part 2 of the Act of 2007 is amended by inserting the following sections after section 24E:
“Arrangements in relation to the collection of information relevant to levy collection
24F. (1) The Commission may, for the purpose of obtaining any information which may be required in relation to the calculation of levies to be imposed under section 24B require persons who are subject to such levies to provide the Commission within such reasonable period as the Commission may determine, with such information as the Commission may reasonably require in relation to the calculation of the amounts of the said levies.
(2) A person who—
(a) without reasonable excuse, fails to comply with a requirement under this section, or
(b) in purported compliance with such a requirement provides information that he or she knows to be false or misleading in a material respect,
commits an offence and is liable on summary conviction to the fines and penalties provided in section 79.
Arrangements for the secondment of certain employees
24G. (1) In this section—
‘Bank’ means the Central Bank of Ireland;
‘secondee’ means an employee seconded from the Bank to the Commission under the arrangements referred to in subsection (2).
(2) The Bank and the Commission may make arrangements for the secondment of employees from the Bank to the Commission for the purpose of carrying out the functions specified in section 10(3)(j) of the Competition and Consumer Protection Act 2014.
(3) The length of any secondment period or extension to an existing secondment period shall be agreed by the chairperson of the Commission, the Governor of the Bank and the employee of the Bank.
(4) Subject to subsection (6), a secondee may not later than 2 years after the establishment day elect to become a member of the staff of the Commission.
(5) A secondee may continue on secondment to the Commission for as long as the chairperson of the Commission and the Governor of the Bank consent. A secondee who continues on secondment without electing to become a member of staff of the Commission continues to be an employee of the Bank and his or her terms of employment (including any term conferring a right to an increase in remuneration) continue to be those applicable to his or her employment by the Bank.
(6) An election under subsection (4) to become a member of staff of the Commission is subject to the consent of—
(i) the chairperson of the Commission,
(ii) the Governor of the Bank,
(iii) the Minister for Public Expenditure and Reform, and
(iv) the Minister for Jobs, Enterprise and Innovation,
and shall take effect immediately after the latest of those consents is given.
(7) If a secondee elects to become a member of staff of the Commission, the terms and conditions relating to remuneration by the Commission at the time the election takes effect shall not be less favourable than the terms and conditions relating to remuneration at the time of his or her employment by the Bank (subject to any provision in any enactment).
(8) If a person’s employment is transferred under this section, the person’s previous service with the Bank is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts:
(a) the Redundancy Payments Acts 1967 to 2012;
(b) the Protection of Employees (Part-Time Work) Act 2001;
(c) the Protection of Employees (Fixed-Term Work) Act 2003;
(d) the Organisation of Working Time Act 1997;
(e) the Terms of Employment (Information) Acts 1994 to 2012;
(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;
(g) the Unfair Dismissals Acts 1977 to 2007;
(h) the Maternity Protection Acts 1994 and 2004;
(i) the Parental Leave Acts 1998 and 2006;
(j) the Adoptive Leave Acts 1995 and 2005;
(k) the Carer’s Leave Act 2001.”