Central Bank Act 1942

F427[Limitations on imposing monetary penalties.

33AS

33AS.(1) If the F428[Bank] decides to impose a monetary penalty on a regulated financial service provider under section 33AQ or 33AR, it may not impose an amount that would be likely to cause the financial service provider to cease business.

(2) If the F428[Bank] decides to impose a monetary penalty on F429[a natural person] under section 33AQ or 33AR, it may not impose an amount that would be likely to cause the person to be adjudicated bankrupart

F429[(3) If conduct engaged in by a person constitutes—

(a) two or more prescribed contraventions by that person,

(b) participation by that person in two or more prescribed contraventions by a regulated financial service provider, or

(c) one or more prescribed contraventions by that person and participation by that person in one or more prescribed contraventions by a regulated financial service provider,

an inquiry may be held under section 33AO or 33AR in relation to one or more of the contraventions, but only one monetary penalty may be imposed on that person under section 33AQ or 33AR in respect of the same conduct.]]

Annotations

Amendments:

F427

Inserted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004), s. 10, S.I. No. 455 of 2004, subject to transitional provisions in s. 35 and sch. 5.

F428

Substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(2)(a), S.I. No. 469 of 2010.

F429

Substituted (19.04.2023) by Central Bank (Individual Accountability Framework) Act 2023 (5/2023), s. 49(a), (b), S.I. No. 176 of 2023.