Central Bank Act , 1942

(ii)for the portion of such half-year which is subsequent to the date of the passing of this Act, a sum calculated at such rate, not exceeding two and one-half per cent. per annum, as shall from time to time be appointed in that behalf by the Minister on the amount of consolidated bank notes outstanding (up to the maximum amount authorised by this Act to be so outstanding) from day to day with such Associated Bank during the said portion of such half-year;

(b)in respect of every half-year which begins after the date of the passing of this Act, a sum calculated at such rate, not exceeding two and one-half per cent. per annum, as shall from time to time be appointed in that behalf by the Minister on the amount of consolidated bank notes outstanding (up to the maximum amount authorised by this Act to be so outstanding) from day to day with such Associated Bank during such half-year;

(c)in respect of every half-year ending after the date of the passing of this Act, a sum calculated at such rate, not exceeding three per cent. per annum, as shall from time to time be appointed in that behalf by the Minister on the amount of consolidated bank notes (if any) outstanding after the said date from day to day with such Associated Bank during such half-year in excess of the amount authorised by this Act to be so outstanding;

(d)in respect of every half-year, ending after the date of the passing of this Act, such share of the expenses incurred during such half-year by the Commission or by the Bank in providing consolidated bank notes as shall be prescribed by regulations made by the Commission or by the Bank and for the time being in force.

(2)At the end of every half-year the Commission or the Bank (as the case may require) shall ascertain in respect of every Associated Bank the amount of the payments on consolidated bank notes payable under this section by such bank in respect of such half-year and shall send to every Associated Bank a certificate showing the said amount so ascertained in respect of it and how such amount is made up, and every Associated Bank shall within fourteen days after receiving any such certificate pay to the Commission or the Bank (as the case may require) the amount stated in such certificate to be payable by it.

(3)Every sum payable by an Associated Bank to the Commission under this section shall be recoverable by the Commission or the Bank (as the case may be) from such Associated Bank as a civil debt in any court of competent jurisdiction, and the non-payment of any such sum by an Associated Bank within the time specified in this section for payment thereof shall be a ground for removing such bank from being an Associated Bank.

(4)A certificate under the seal of the Commission or of the Bank stating the amount payable on any occasion by an Associated Bank to the Commission or the Bank under this section and that such amount or a specified portion thereof is due and unpaid shall, in any proceedings by the Commission or the Bank to recover such amount, be evidence until the contrary is proved of the said matters so stated in such certificate.

38. Stamp duty in respect of consolidated bank notes.

38.—Section 49 of the Finance Act, 1932 (No. 20 of 1932), as amended by section 15 of the Finance Act, 1937 (No. 18 of 1937), shall apply and have effect in relation to the half-year (if any) which is partly before and on and partly after the date of the passing of this Act or which commences on that date as if the portion of such half-year which ends on or consists of the said date were a half-year, and the said section 49 as so amended shall, in pursuance of the repeal thereof by this Act, not apply or have effect in relation to the portion of such half-year which is subsequent to the said date.

39. Notes of former banks of issue.

39.—(1)In the case of every Associated Bank which was, at the passing of the Currency Act, a bank of issue, so much of the proportion of notes mentioned in sub-section (4) of section 60 of that Act as is for the time being not redeemed in pursuance of that section shall not, in respect of any day after the date of the passing of this Act, be deemed for the purposes of this Part of this Act to be consolidated bank notes outstanding with such Associated Bank.

(2)As on and from the day after the date of the passing of this Act, the appropriate rate per cent. per annum for the purposes of sub-section (1) of section 66 of the Currency Act shall be such rate, not exceeding two and one-half per cent. per annum, as shall from time to time be appointed by the Minister.

40. Power of banks of issue to write off certain notes.

40.—(1)Where, for the purpose of computing the payments to be made under section 66 of the Currency Act by an Associated Bank which was, at the passing of that Act, a bank of issue, it is necessary to have regard to the total amount, as ascertained by the Commission, of the notes of such Associated Bank outstanding (including notes in the tills or vaults of such Associated Bank) immediately before the appointed day mentioned in section 60 of the Currency Act, such Associated Bank may, for the said purpose, from time to time write off, with the sanction of the Minister, from the said total amount as so ascertained an amount not exceeding the amount of so many of the said notes of such Associated Bank still outstanding at the time of such writing off as are estimated by such Associated Bank to be unlikely ever to be presented to such Associated Bank for payment.

(2)The Minister may attach to any sanction given by him to a writing off under the foregoing sub-section of this section such conditions as he shall, having regard to the circumstances, think proper, and may in particular require that the Associated Bank making such writing off shall pay to the Bank for addition to the currency reserve a specified proportion of the amount so written off, but subject to the limitation that the amount of such specified proportion shall not exceed the amount of the proportion appertaining to Saorstát Eireann determined by the Commission under sub-section (4) of section 60 of the Currency Act in respect of the notes of such Associated Bank outstanding immediately before the appointed day mentioned in that sub-section.

(3)Every writing off under this section by an Associated Bank shall have effect as on and from the date on which the sanction of the Minister thereto is given.

(4)Whenever an Associated Bank has written off an amount under this section, due regard shall be had to such writing off when computing the amount of any payment under section 66 of the Currency Act, as amended by this Act, payable by such Associated Bank in respect of a period wholly or partly subsequent to the date as on and from which such writing off has effect.

(5)No writing off under this section by an Associated Bank shall operate to release such Associated Bank from liability to pay any of its notes.

PART V. Deposits by Bankers.

41. Construction of references to holding oneself out as a banker.

41.—F532[…]

42. Obligation to make deposit in the High Court.

42.—F533[…]

43. General provisions in relation to deposits under this Part of this Act.

43.—F534[…]

44. Deposit on behalf of a company before its incorporation.

44.—F535[…]

45. Payment of debts out of deposit.

45.—F536[…]

PART VI. Bankers’ Licences and the Duties of Licensed Bankers.

46. Application of this Part of this Act.

46.—F537[…]

47. Bankers’ licences.

47.—F538[…]

48. Publication of financial statements by licensed bankers.

48.—F539[…]

49. Publication of balance sheets by licensed bankers.

49.—F540[…]

50. Power to require deposit by licensed bankers in certain circumstances.

50.—F541[…]

51. Powers in respect of licensed bankers’ clearances.

51.—F542[…]

PART VII. Counterfeit and Unauthorised Currency.

52. Definition of “bank note” in this Part of this Act.

52.—In this Part of this Act the expression “bank note” has the same meaning as it has in the Forgery Act, 1913, as amended or extended by the Currency Act and by this Part of this Act.

53. Extension of the Forgery Act, 1913.

53.—(1)Currency notes issued by or on behalf of the Government of any country outside the State shall be deemed to be bank notes within the meaning of the Forgery Act, 1913.

(2)In the foregoing sub-section of this section the expression “currency note” includes any notes (by whatever name they are called) which are legal tender in the country in which they are issued.

54. Disposal of bank notes, etc. seized under the Forgery Act, 1913.

54.—Where any forged bank note, or any machinery, implement, utensil, or material used or intended to be used for the forgery of a bank note is lawfully seized under a warrant granted under sub-section (1) of section 16 (as adapted by or under subsequent enactments) of the Forgery Act, 1913, or otherwise, such bank note, machinery, implement, utensil, or material (as the case may be) shall, by order of the court by which any person is tried for an offence in relation thereto or, if no person is so tried, by order of the justice of the District Court or by direction of the Peace Commissioner (as the case may be) by whom such warrant was granted, be delivered up to the Commission or a person authorised by the Commission to receive the same or, if such order is made after the appointed day, to the Bank or a person authorised by the Bank to receive the same.

55. Making, etc. a document purporting to be or resembling a bank note.

55.—(1)F543[If any person makes, or causes to be made, or uses for any purpose whatsoever, or utters any document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive, a bank note or part of a bank note, he shall be guilty of an offence under this subsection and shall be liable—

(a)on summary conviction to a fine not exceeding£1,000 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months, or to both, or

(b)on conviction on indictment to a fine not exceeding£10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 5 years, or to both.]

(2)Where a person is convicted of an offence under the foregoing sub-section of this section, it shall be lawful for the court by which he is so convicted to order that the document in respect of which such offence was committed and all copies of such document and all plates, blocks, dies, and other instruments used for or capable of being used for printing or reproducing such document which are in the possession of the person so convicted to be delivered up to the Commission or, if such order is made after the appointed day, to the Bank.

(3)F544[…]

(4)F544[…]

56. Prohibition of unauthorised money.

56.—(1)No person shall make, provide, issue, re-issue, or give or receive in payment any document (not being a document excluded by this section from the operation of this section) in writing (whether written on paper or on any other substance or material) which complies with both of the following conditions, that is to say:—

(a)the document purports or is expressed to be or is in fact exchangeable for a specified sum of lawful money on presentation by the holder for the time being thereof to a particular person or any two or more particular persons, whether such person or persons is or are or is not or are not specified in the document and whether such presentation is or is not subject to restrictions as to time and place and whether such restrictions (if any) are or are not stated in the document, and

(b)the document is intended or purports or appears to be intended to circulate as money or to be used as a substitute for lawful money, whether generally or for a particular purpose or within a particular area.

F545[(2)Every person who makes, provides, issues, re-issues, or gives or receives in payment any document in contravention of subsection (1) of this sectionshall be guilty of an offence under this section and shall be liable—

(a)on summary conviction, to a fine not exceeding£1,000 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both, or

(b)on conviction on indictment, to a fine not exceeding£10,000 or, at the discretion of the court, to imprisonment for a term not exceeding five years, or to both.]

(3)Where a document is or purports or is expressed to be made, provided, issued, re-issued, or given or received in payment by or on behalf of a club, association, committee, council, or other body which is not incorporated, every member of that body shall be guilty of an offence under this section and be punishable accordingly.

(4)In any prosecution of a person for an offence under this section, the burden of proof that the document in relation to which the offence is alleged to have been committed was not intended and does not purport or appear to be intended to circulate as money or to be used as a substitute for lawful money (whether generally or for a particular purpose or within a particular area) shall lie on the person so prosecuted, and, unless and until the contrary is proved, it shall be presumed that the said document was intended (in contravention of this section) to circulate as money and be used as a substitute for lawful money.

(5)Every of the following documents is excluded from the operation of this section, that is to say:—

(a)bank notes;

(b)postal orders, post office money orders, and other documents issued by F546[An Post];

(c)bank drafts, deposit receipts, and other documents issued by any bank;

(d)bills of exchange not payable on presentation;

(e)promissory notes for not less than five pounds;

(f)cheques drawn on a banker, including cheques drawn by a banker on himself;

(g)tallies which—

(i)are (whether before or after the passing of this Act) issued or provided by a club or association the members of which consist wholly or mainly of persons who are for the time being unemployed, and

(ii)circulate only amongst the members of such club or association, and

(iii)are so issued or provided and are used solely for the purpose of enabling goods produced or services rendered by members of such club or association to be exchanged between members of such club or association.

57. Amendment of the Customs Consolidation Act, 1876.

57.—F547[…]

F548[PART VIIA Irish Financial Services Appeals Tribunal Chapter 1 Preliminary]

57A. F548[Interpretation: Part VIIA and Schedule 5.

57A.—(1) In this Part and Schedule 5—

"affected person" means a person whose interests are directly or indirectly affected by an appealable decision;

"appeal" means an appeal under this Part;

F550["appealable decision" means a decision of the Bank that is declared by a provision of this Act, a designated enactment, a designated statutory instrument or the Finance (Provision of Access to Cash Infrastructure) Act 2025 (in so far as that Act is not a designated enactment), to be an appealable decision for the purposes of this Part;]

"appellant" means a person who has lodged an appeal;

"Chairperson" means the Chairperson of the Appeals Tribunal;

"Deputy Chairperson" means the Deputy Chairperson of the Appeals Tribunal;

"lay member" means a member of the Appeals Tribunal other than the Chairperson and Deputy Chairperson;

"member" means a member of the Appeals Tribunal;

"party", in relation to proceedings before the Appeals Tribunal, means either the appellant or theF551[Bank]as respondent;

"Registrar" means the Registrar of the Appeals Tribunal;

"the rules" means rules of the Appeals Tribunal made and in force under section 57AI.

(2)F552[…]

(3)F552[…]

F553[(2)]For the purposes of this Part, a decision made by a member of theF551[Bank]or by any person acting under the authority ofF551[the Bank]is taken to be a decision ofF551[the Bank].]

F554[(3) For the purposes of this Part, an appealable decision does not include a decision of the ECB pursuant to the SSM Regulation.]

F555[(4) For the purposes of this Part, an appealable decision does not include a decision of the SRB pursuant to the SRM Regulation.]

57B. F556[Objects of this Part.

57B.—The objects of this Part are as follows:

(a) to establish the Irish Financial Services Appeals Tribunal as an independent tribunal—

(i) to hear and determine appeals under this Part, and

(ii) to exercise such other jurisdiction as is conferred on it by this Part or by any other enactment or law;

(b) to ensure that the Appeals Tribunal is accessible, its proceedings are efficient and effective and its decisions are fair;

(c) to enable proceedings before the Appeals Tribunal to be determined in an informal and expeditious manner.]

57C. Establishment of the Appeals Tribunal.

57C.—A tribunal called "Binse Achomhairc SeirbhísíAirgeadais na hÉireann" or in the English language the "Irish Financial Services Appeals Tribunal" is established by this section.]

57D. F558[Membership of the Appeals Tribunal.

57D.—(1) The Appeals Tribunal consists of the following members:

(a) a Chairperson;

(b) a Deputy Chairperson;

(c) no fewer than 1 and no more than 5 lay members.

(2) The members are to be appointed by the President on the nomination of the Government.

(3) The document appointing a member is to specify whether the member has been appointed as the Chairperson or Deputy Chairperson or as a lay member.

(4) A member may be appointed on a fulltime basis or a part-time basis.

(5) Schedule 5 has effect with respect to the members.]

57E. F559[Eligibility for appointment as a member.

57E.—(1) A person is eligible to be appointed as the Chairperson or Deputy Chairperson only if the person is—

F560[(a) a former judge of the Supreme Court, the Court of Appeal or the High Court, or]

(b) a barrister or solicitor of not less than 7 years standing.

(2) A person is eligible to be appointed as a lay member only if the President is satisfied that the person has special knowledge or skill in relation to the provision of financial services.

(3) A person is not eligible for appointment as a member if the person—

(a) is a member of either House of the Oireachtas or is, with the person’s consent, nominated as a candidate for election as such a member or is nominated as a member of SeanadÉireann, or

(b) is a member of the European Parliament or is, with the person’s consent, nominated as a candidate for election as such a member or to fill a vacancy in the membership of that Parliament, or

(c) is a member of a local authority or is, with the person’s consent, nominated as a candidate for election as such a member.]

57F. F561[Appointment of acting members.

57F.—(1) The President may, on the advice of the Government, appoint as an acting Chairperson or acting Deputy Chairperson a person qualified for appointment as Chairperson or Deputy Chairperson if satisfied that the appointment is necessary to enable the Appeals Tribunal to exercise its functions effectively during the period of the appointment.

(2) The President may, on the advice of the Government, appoint as an acting lay member a person qualified for appointment as a lay member if satisfied that the appointment is necessary to enable the Appeals Tribunal to exercise its functions effectively during the period of the appointment.

(3) The appointment of a person under this section is for such period (not exceeding 12 months) as is specified in the document of appointment.

(4) An acting Chairperson, Deputy Chairperson or acting lay member has the functions of the Chairperson or Deputy Chairperson or lay member (as the case requires) subject to any conditions or limitations specified in the document of appointment.]

57G. F562[Jurisdiction and powers of the Appeals Tribunal.

57G.—(1) The Appeals Tribunal has jurisdiction to hear and determine—

(a) appeals made by affected persons against appealable decisions of theF563[Bank], and

(b) such other matters, or class of matters, as may be prescribed by any other Act or law.

F564[(1A)F565[…]]

(2) Subject to this Part, the Appeals Tribunal has power to do whatever is necessary for or in connection with, or reasonably incidental to, the exercise of its jurisdiction.]

57H. F566[Constitution of the Appeals Tribunal for particular proceedings.

57H.—(1) For the purpose of hearing a particular appeal, the Appeals Tribunal is constituted by 3 members or, if that Tribunal has more than 3 members, by 3 members designated by the Chairperson.

(2) Of the 3 members, one must be either the Chairperson or Deputy Chairperson.

(3) If the members constituting the Appeals Tribunal for a particular hearing include the Chairperson, the Chairperson is to preside at the hearing. Otherwise, the Deputy Chairperson is to preside.

(4) If there are sufficient members, the Appeals Tribunal may be separately constituted so as to enable it to hear different appeals at the same time.]

57I. F567[Functions of Chairperson.

57I.—(1) The Chairperson is responsible for directing the business of the Appeals Tribunal, subject to this Part and the rules.

(2) In particular, the Chairperson is responsible for deciding the places and times of hearings of appeals.]

57J. F568[Registrar and staff of the Appeals Tribunal.

57J.—(1) The Chairperson shall appoint a Registrar of the Appeals Tribunal and such other staff as may be necessary for the functioning of that Tribunal.

(2) Staff of the Appeals Tribunal (other than the Registrar) may be appointed fromamong the employees of the Bank, but only with the agreement of the Board.

(3) The Registrar and other staff of the Appeals Tribunal are to be employed on such terms (including terms as to remuneration and superannuation) as are agreed between the Chairperson and the Board from time to time.]

57K. F569[Responsibilities of Registrar of the Appeals Tribunal.

57K.—(1) The Registrar has the following responsibilities:

(a) to assist the Chairperson in administering the Appeals Tribunal;

(b) such other responsibilities as are imposed on the Registrar by or under this Part or by any other enactment or law.

(2) The rules may make further provision with respect to the responsibilities of the Registrar.]

57L. F570[Right of appeal to Appeals Tribunal against appealable decision.

57L.—(1) An affected person may appeal to the Appeals Tribunal in accordance with this section against an appealable decision of theF572[Bank].

(2) An appeal must—

(a) be in writing and state the grounds of appeal, and

(b) be lodged with the Registrar within 28 days after theF572[Bank]notified the affected person of the decision concerned, or within such extended period as the Registrar may allow, after consulting the Chairperson, and

(c) be accompanied by the fee (if any) prescribed by the rules.

(3) As soon as practicable after an appeal is lodged with the Registrar, the Registrar is required to give a copy of the appeal to theF572[Bank].

(4) TheF572[Bank]is the respondent to every appeal.]

57M. F573[Appeals Tribunal may decide persons whose interests affected by a decision.

57M.—(1) If it is necessary for the purposes of this Act to decide whether the interests of a person are affected, or are likely to be affected, by a decision of theF574[Bank], that matter is to be decided by the Appeals Tribunal.

(2) If the Appeals Tribunal decides that the interests of a person are affected, or likely to be affected, by a decision of theF574[Bank], the decision of that Tribunal is conclusive and cannot be the subject of an appeal to the High Court.

(3) However, if the Appeals Tribunal decides that the interests of a person are not affected, or are not likely to be affected, by a decision of theF574[Bank], the person may appeal to the High Court against the decision of that Tribunal.]

57N. F575[Duty of F576[Bank] to give reasons on request.

57N.—(1) If theF576[Bank]has made an appealable decision, an affected person may make a written request toF576[the Bank]for a statement setting out the reasons for the decision.

(2) As soon as practicable, but in any case not later than 28 days, after receiving such a request, theF576[Bank]shall prepare a written statement of reasons for the decision and give it to the person who made the request.

(3) The statement of reasons must specify—

(a) the findings on material questions of fact, referring to the evidence or other material on which those findings were based, and

(b) theF576[Bank]’s understanding of the applicable law, and

(c) the reasoning processes that ledF576[the Bank]to the conclusions that it came to.]

57O. F577[F578[Bank] may refuse reasons in certain cases.

57O.—(1) TheF578[Bank]may refuse to prepare and provide a statement of reasons requested by a person under section 57N if—

(a) it is of the opinion that the person is not entitled to be given the statement, or

(b) in the case of a decision the terms of which were recorded in writing and set out in a document that was provided to the person—the request was not made within 28 days after the person was provided with the document, or

(c) in any other case—the request was not made within a reasonable time after the decision was made.

(2) If theF578[Bank]refuses under subsection (1) to prepare and give a statement of reasons, it shall, in writing, notify the person making the request of the refusal and of the reasons for the refusal as soon as practicable (and in any case not later than 28 days) after the date on which the request was made.

(3) TheF578[Bank]may not refuse to prepare and provide a statement of reasons if—

(a) in the case of a refusal based on subsection (1)(a)—the Appeals Tribunal makes an order declaring, on an application made under section 57P(1), that the person who made the request was entitled to make the request, or

(b) in the case of a refusal based on subsection (1)(c)—the Appeals Tribunal makes an order declaring, on an application made under section 57Q(2), that the person who made the request did so within a reasonable time.

(4) If theF578[Bank]may not refuse to comply with a request for a statement of reasons because of an order of the Appeals Tribunal referred to in subsection (3)(a) or (b), it shall prepare the written statement of reasons that was originally requested and give it to the person who requested it as soon as practicable (and in any case not later than 28 days) after being notified of the order.]

57P. F579[Appeals Tribunal may determine whether person entitled to reasons or made request within reasonable time.

57P.—(1) The Appeals Tribunal may, on the application of a person who has been refused a statement of reasons under section 57O(1)(a), make an order declaring that the person was, or was not, entitled to make the request to which the notice relates.

(2) The Appeals Tribunal may, on the application of a person who has been refused a statement of reasons under section 57O(1)(c) on the basis that the person did not make the request within a reasonable time, make an order declaring that the person did make the request within a reasonable time.]

57Q. F580[Appeals Tribunal may order F581[Bank] to provide a statement of reasons or an adequate statement of reasons.

57Q.—(1) If an affected person has requested a statement of reasons under section 57N but has not received it within the period specified by or under that section, the Appeals Tribunal may, on the application of the person, order theF581[Bank]to give the statement of reasons within such time as may be specified in the order.

(2) If an affected person who requested a statement of reasons under section 57N is given an inadequate statement of reasons, the Appeals Tribunal may, on the application of the person, order theF581[Bank]to give the person an adequate statement of reasons within such period as may be specified in the order.

(3) For the purposes of this section, a statement of reasons is an adequate statement of reasons only if it sets out the matters referred to in section 57N(3).]

57R. F582[Operation and implementation of appealed decision pending determination of appeal.

57R.—(1)F583[The]lodgement of an appeal with the Appeals Tribunal against a decision of theF584[Bank]does not affect the operation of the decision or prevent the taking of action to implement that decision.

(2)F585[…]

(2A)F585[…]

(3)F585[…]

(4)F585[…]

(5)F585[…]

(6)F585[…]

(7)F585[…]]

57S. F586[Conditions of stay order.

57S.—F587[…]]

57T. F588[Opportunity of parties to make submissions.

57T.—The Appeals Tribunal shall ensure that each party to proceedings before that Tribunal is given a reasonable opportunity—

(a) to present the party’s case (whether at a hearing or otherwise), and

(b) to make submissions in relation to the issues arising in the proceedings.]

57U. F589[ Representation of parties.

57U.—(1) A party to proceedings before the Appeals Tribunal may—

(a) appear without representation, or

(b) be represented by an agent, or

(c) if the party is an incapacitated person—be represented by such other person as may be appointed by that Tribunal under subsection (2).

(2) If it appears to the Appeals Tribunal that a party is an incapacitated person, it may appoint a suitable person to represent the party.

(3) Any person appearing before the Appeals Tribunal may use the services of an interpreter unless the person can understand and speak the English language sufficiently to enable the person to understand, and to make an adequate reply to, questions that may be put to the person.

(4) In this section—

"incapacitated person" means—

(a) a minor, or

(b) a person who is totally or partially incapable of representing himself or herself in proceedings before the Appeals Tribunal because the person is intellectually, physically, psychologically or sensorily disabled, of advanced age, a mentally incapacitated person or otherwise disabled, or

(c) any other person of a class prescribed by regulations made under section 57AZ for the purposes of this paragraph;

"interpreter" includes a person who interprets signs or other things made or done by a person who cannot speak adequately for the purposes of giving evidence in proceedings.]

57V. F590[Procedure of the Appeals Tribunal.

57V.—(1) The Appeals Tribunal may, subject to this Part and the rules, determine its own procedure.

(2) The Appeals Tribunal is not bound by the rules of evidence and may inquire into and inform itself on any matter in such manner as it thinks fit, subject to the rules of natural justice.

(3) When hearing an appeal, the Appeals Tribunal is not limited to—

(a) considering the evidence or grounds on which theF591[Bank]based the decision that is the subject of the appeal, or

(b) applying any sanction that was imposed as a part of that decision.

(4) The Appeals Tribunal is required to act with as little formality as the circumstances of the case permit and according to equity, good conscience and the substantial merits of the case without regard to technicalities or legal forms.

(5) The Appeals Tribunal is required to take such measures as are reasonably practicable—

(a) to ensure that the parties to the proceedings before it understand the nature of the assertions made in the proceedings and the legal implications of those assertions, and

(b) if requested to do so—to explain to the parties any aspect of the procedure of that Tribunal, or any decision or ruling made by it, that relates to the proceedings, and

(c) to ensure that the parties have a reasonable opportunity to be heard or otherwise have their submissions considered in the proceedings.

(6) In proceedings before it, the Appeals Tribunal is required to act as expeditiously as is practicable and to ensure that all relevant material is disclosed to that Tribunal so as to enable it to determine all of the relevant facts in issue in the proceedings.

(7) In particular, the Appeals Tribunal may do all or any of the following:

(a) require evidence or argument to be presented in writing and decide on the matters on which it will hear oral evidence or argument;

(b) require the presentation of the respective cases of the parties before it to be limited to the periods of time that it determines are reasonably necessary for the fair and adequate presentation of the cases;

(c) authorise a document to be served outside the State;

(d) adjourn proceedings to any time and place (including for the purpose of enabling the parties to negotiate a settlement);

(e) at any stage dismiss proceedings if the applicant has withdrawn the application to which the proceedings relate;

(f) at any stage dismiss proceedings that it considers to be frivolous or vexatious or otherwise misconceived or lacking in substance.

(8) The member presiding at proceedings of the Appeals Tribunal may—

(a) hold a directions hearing in relation to any proceedings before that Tribunal, or

(b) authorise the Registrar to hold a directions hearing in relation to the proceedings.]

57W. F592[Proceedings on hearing to be normally conducted in public.

57W.—(1) The hearing of an appeal is to be open to the public, unless the parties to the hearing agree that it should be conducted in private.

(2) However, even if the parties do not agree that the hearing should be conducted in private, the Appeals Tribunal may, if satisfied that it is desirable to do so because of the confidential nature of any evidence or matter or for any other reason, make any one or more of the following orders:

(a) an order that the hearing be conducted wholly or partly in private;

(b) an order prohibiting or restricting—

(i) the disclosure of the name, address, picture or any other material that identifies, or may lead to the identification of, any person (whether or not a party to proceedings before the Appeals Tribunal or a witness summoned by, or appearing before, it), or

(ii) the doing of any other thing that identifies, or may lead to the identification of, any such person;

(c) an order prohibiting or restricting the publication or broadcast ofany report of proceedings before it;

(d) an order prohibiting or restricting the publication of evidence given before that Tribunal, whether in public or in private, or of matters contained in documents lodged with it or received in evidence by it;

(e) an order prohibiting or restricting the disclosure to some or all of the parties to the proceedings of evidence given before that Tribunal, or of the contents of a document lodged with it or received in evidence by it, in relation to the proceedings.

(3) The Appeals Tribunal may make an order under subsection (2) either on its own or on the application of a party.

(4) The Appeals Tribunal may vary or revoke an order made under subsection (2).]

57X. F593[Power to remit matters to F594[Bank] for further consideration.

57X.—(1) At any stage of proceedings to determine an appeal against an appealable decision, the Appeals Tribunal may remit the decision to theF594[Bank]for its reconsideration.

(2) TheF594[Bank]shall reconsider a decision remitted under subsection (1) and on the reconsideration may—

(a) affirm the decision, or

(b) vary the decision, or

(c) substitute for the decision a new decision.

(3) If theF594[Bank]varies the remitted decision—

(a) the appeal is taken to be an appeal against the decision as varied, and

(b) the appellant may either—

(i) proceed with the appeal as varied, or

(ii) withdraw the appeal.

(4) If theF594[Bank]substitutes for the remitted decision a new decision in substitution for the decision set aside—

(a) the appeal is taken to be an appeal against the new decision, and

(b) the appellant may either—

(i) proceed with the appeal in relation to the new decision, or

(ii) withdraw the appeal.]

57Y. F595[Reconstitution of Appeals Tribunal during hearing of appeal.

57Y.—(1) The Chairperson may replace a member during the hearing of an appeal if the member becomes mentally or physically incapacitated or otherwise becomes unavailable, or ceases to be a member, before the appeal is determined, but only if the parties agree.

(2) The Appeals Tribunal as so reconstituted is to have regard to the evidence and decisions in relation to the matter that were given or made before it was reconstituted.

(3) If a party does not agree to the reconstitution of the Appeals Tribunal under this section, that Tribunal, as constituted in accordance with this Part, is required to reconsider the proceedings.

(4) When reconsidering proceedings, the Appeals Tribunal may, for the purposes of the proceedings, have regard to any record of the proceedings before that Tribunal as previously constituted, including a record of any evidence taken in the proceedings.]

57Z. F596[What decisions the Appeals Tribunal can make in determining an appeal.

57Z.—(1) In determining an appeal against an appealable decision, the Appeals Tribunal shall decide what the correct and preferable decision is having regard to the material then before it, including—

(a) any relevant factual material, and

(b) any applicable enactment or other law.

(2) As soon as possible after finishing the hearing of an appeal against an appealable decision, the Appeals Tribunal shall do one of the following:

(a) affirm the decision, or

(b) vary the decision, or

(c) substitute for the decision any appropriate decision that theF597[Bank]could have lawfully made in relation to the matter concerned, or

F598[(d) remit the matter concerned for reconsideration by theF597[Bank], together with any recommendation or direction of the Appeals Tribunal as to what aspects of the matter should be reconsidered and, in the case of an appealable decision made under Part IIIC, set aside the decision.

(2A) Paragraphs (b) and (c) of subsection (2) apply only toF599[a decision which is an appealable decision under section 33AW(2) of this Act orsection 29 (7)of theCentral Bank Reform Act 2010].]

(3) The Appeals Tribunal may dismiss an appeal against an appealable decision on the ground that the appellant has failed to attend a hearing of that Tribunal, but only if it is satisfied that the appellant was notified of the date, time and place fixed for the hearing.

(4) The Appeals Tribunal may allow an appeal against an appealable decision on the ground that theF597[Bank]has failed to attend a hearing of that Tribunal, but only if it is satisfied thatF597[the Bank]was notified of the date, time and place fixed for the hearing. In that case, the Appeals Tribunal may substitute for the decision appealed against any appropriate decision that theF597[Bank]could have lawfully made in relation to the matter concerned.]

57AA. F600[How decisions of the Appeals Tribunal are to be made and given.

57AA.—(1) If the members are not in unanimous agreement on a matter to be determined in proceedings before the Appeals Tribunal, the decision of the majority on the matter is the decision of that Tribunal.

(2) However, a question of law (including the question whether a particular question is a question of law) arising in proceedings before the Appeals Tribunal is to be decided by the member who is presiding in the proceedings.

(3) In deciding a matter before it, the Appeals Tribunal may impose such conditions (including exemptions) as it specifies in the decision.

(4) The Appeals Tribunal is required to give reasons for its decision in writing—

(a) within 28 days after the date on which it gave its decision, or

(b) if the rules specify some other period (either generally or for that class of matter)—within that other period.

(5) Those reasons must set out—

(a) the findings on material questions of fact, referring to the evidence orother material on which those findings were based, and

(b) the Appeals Tribunal’s understanding of the applicable law, and

(c) the reasoning processes that led that Tribunal to the conclusions that it made.

(6) A failure to comply with subsection (4) or (5) does not affect the validity of a decision of the Appeals Tribunal.

(7) The Appeals Tribunal shall ensure that a copy of its decision determining an appeal is served on each party to the proceedings.]

57AB. F601[Appeals Tribunal may reserve decision.

57AB.—(1) The Appeals Tribunal may reserve its decision in any proceedings before it.

(2) A reserved decision of the Appeals Tribunal may be given—

(a) at a subsequent sitting of that Tribunal, or

(b) if the decision is set out in writing and is signed by the person who presided in the proceedings—by being delivered by the Chairperson or Deputy Chairperson, or

(c) by the Registrar, at a time and place of which the parties have been given reasonable notice.]

57AC. F602[Effect of decision of the Appeals Tribunal.

57AC.—(1) A decision determining an appeal takes effect on the date on which it is given or such later date as may be specified in the decision.

(2) If any such decision varies, or is made in substitution for, a decision of theF603[Bank], the decision of the Appeals Tribunal is taken—

(a) to be the decision ofF603[the Bank], and

(b) unless that Tribunal orders otherwise—to have had effect as the decision ofF603[the Bank]on and from the date of its original decision.]

F604[(3) This section is subject to section 33AW(4) and (9).]

57AD. F605[Amendments and irregularities.

57AD.—(1) The Appeals Tribunal may, in any proceedings before it, make any amendments to the proceedings that thatTribunal considers to be necessary in the interests of justice.

(2) Any such amendment may be made—

(a) at any stage of the proceedings, and

(b) on such terms as the Appeals Tribunal thinks fit (including terms as to costs).

(3) A failure to comply with a provision of this Part or of the rules in relation to proceedings before the Appeals Tribunal is to be treated as an irregularity that does not itself nullify the proceedings, any step taken in the proceedings, or any decision relating to the proceedings. Nevertheless, if such a failure occurs, the Appeals Tribunal may wholly or partly set aside the proceedings, a step taken in the proceedings, or a decision in the proceedings.]

57AE. F606[Recovery of amounts ordered to be paid.

57AE.—(1) To facilitate the recovery of any amount (including costs) that the Appeals Tribunal has ordered to be paid, the Registrar is required to certify the amount to be paid.

(2) A certificate given under this section must identify the person liable to pay the certified amount.

(3) A certificate of the Registrar that—

(a) is given under this section, and

(b) is filed in the registry of a court having jurisdiction to give judgment for a debt of the same amount as the amount stated in the certificate,

operates as such a judgment.

(4) A party to proceedings in respect of which an amount has been certified by the Registrar under this section may apply to the Appeals Tribunal for a review of the decision to certify that amount.]

57AF. F607[Powers in relation to witnesses.

57AF.—(1) The Appeals Tribunal may, in relation to proceedings before it—

(a) call witnesses on its own initiative, and

(b) examine witnesses on oath, or by use of a statutory declaration, and

(c) examine or cross-examine any witness to such extent as it thinks proper in order to elicit information relevant to the determination of the proceedings, and

(d) require any witness to answer questions that it believes to be relevant to the proceedings.

(2) If the Appeals Tribunal decides to call a person as a witness under this section, it may—

(a) try to get the person to attend the proceedings voluntarily by notifying the person in such manner as it thinks appropriate, or

(b) direct the Registrar to issue a summons to compel the attendance of the person before it.

(3) A party to proceedings before the Appeals Tribunal may apply to the Registrar for the issue of a summons compelling the attendance of a witness before it.

(4) On receiving a direction under subsection (2) or an application under subsection (3), the Registrar shall issue a summons requiring the person named in the summons—

(a) to attend proceedings of the Appeals Tribunal on a specified date and at a specified time and place, and

(b) to attend and give evidence, or attend and produce documents or other things, or to do both of those things.

(5) A summons must be signed by the Registrar or be otherwise authenticated as provided by the rules.

(6) A person who, without reasonable excuse, fails to comply with the requirements of a summons commits an offence and is liable on summary conviction to a fine not exceeding€2,000 or to imprisonment for a term not exceeding 3 months, or both.

(7) A summons may be served within or outside the State.

(8) A person who attends proceedings of the Appeals Tribunal to give evidence, or attend and produce documents or other things, is entitled to the same protection and immunity as a person appearing as a witness in civil proceedings before a court.]

57AG. F608[Power to correct decisions of the Appeals Tribunal.

57AG.—(1) If, after making a decision, the Appeals Tribunal is satisfied that there is an obvious error in the text of the decisionor in a written statement of reasons for the decision, it may direct the Registrar to alter the text of the decision or statement in accordance with its directions.

(2) If the text of a decision or statement is so altered, the altered text is taken to be the decision of the Appeals Tribunal or the reasons for the decision.

(3) Examples of obvious errors in the text of a decision or statement of reasons are where—

(a) there is an obvious clerical or typographical error in the text of the decision or statement of reasons, or

(b) there is an error arising from an accidental slip or omission, or

(c) there is a defect of form, or

(d) there is an inconsistency between the decision and the statement of reasons.

(4) The powers of the Appeals Tribunal under this section may be exercised by the member who presided at the proceedings to which the decision relates.]

57AH. F609[Appeals Tribunal may award costs in certain circumstances.

57AH.—(1) The Appeals Tribunal may award costs in relation to proceedings before it and may determine by whom and to what extent costs are to be paid.

(2) In this section, "costs" includes not only costs of or incidental to the hearing and determination of an appeal, but also the costs of or incidental to the proceedings giving rise to the appeal.]

57AI. F610[Appeals Tribunal may make rules of procedure.

57AI.—(1) The Appeals Tribunal may make rules, not inconsistent with this Part, for or with respect to any matter—

(a) that by this Part is required or permitted to be prescribed by the rules, or

(b) that is necessary or convenient to be prescribed in relation to the practice and procedure of that Tribunal.

(2) Without limiting subsection (1), the rules may provide for all or any of the following matters:

(a) the responsibilities of the Registrar or other staff of the Appeals Tribunal under this Part;

(b) fixing the places and times for holding hearings of the Appeals Tribunal;

(c) the representation of parties at hearings of the Appeals Tribunal;

(d) the discovery of documents relating to proceedings before the Appeals Tribunal;

(e) notifying decisions of the Appeals Tribunal to parties to proceedings before it;

(f) the means for, and the practice and procedure to be followed in, the enforcement and execution of decisions of the Appeals Tribunal;

(g) the fees payable in respect of lodging appeals with the Appeals Tribunal;

(h) the waiver of fees payable in respect of lodging appeals with the Appeals Tribunal (whether at the time of lodgement of an appeal or otherwise);

(i) the refund, in whole or in part, of fees if proceedings before the Appeals Tribunal terminate in a manner favourable to the appellant;

(j) the award of costs in respect of proceedings before the Appeals Tribunal;

(k) the use of the seal of the Appeals Tribunal.]

57AJ. References of questions of law to High Court.

57AJ.—(1) When hearing an appeal, the Appeals Tribunal may, on its own initiative or at the request of a party, refer a question of law arising in the appeal to the High Court for the opinion of the Court.

(2) The High Court has jurisdiction tohear and determine any question of law referred to it under this section.

(3) If a question of law arising in an appeal has been referred to the High Court under this section, the Appeals Tribunal may not—

(a) give a decision in the appeal to which the question is relevant while the reference is pending, or

(b) proceed in a manner, or make a decision, that is inconsistent with the opinion of the High Court on the question.]

57AK. F612[Right of appeal to High Court.

57AK.—(1) A party to an appeal determined by the Appeals Tribunal may appeal to the High Court against the decision of the Appeals Tribunal in respect of the appeal.

(2) Neither the Appeals Tribunal nor any of its members can be made a party to an appeal under this section.

F613[(3) An appeal under this section must be made within 28 days after the notification of the decision or within such extended period as that Court allows.]]

57AL. F614[Orders on appeal to the High Court.

57AL.—(1) The High Court is to hear and determine an appeal made under section 57AK and may make such orders as it thinks appropriate in light of its determination.

(2) The orders that may be made by the High Court on the hearing of such an appeal include (but are not limited to)—

(a) an order affirming or setting aside the decision of the Appeals Tribunal, and

(b) an order remitting the case to be heard and decided again by that Tribunal (either with or without the hearing of further evidence) in accordance with the directions of that Court.

(3) The determination of the High Court on the hearing of such an appeal is final, except that a party to the appeal may apply to the Supreme Court to review the determination on a question of law (but only with the leave of either of those Courts).]

57AM. F615[Appeal does not stay decision of the Appeals Tribunal.

57AM.—An appeal under section 57AK does not—

(a) affect the operation of the decision appealed against, or

(b) prevent the taking of action to implement the decision, unless the High Court otherwise orders.]

57AN. Contempt of Appeals Tribunal.

57AN.—(1) The Appeals Tribunal may report the following matters to the High Court:

(a) if a person fails to attend in obedience to a summons after having been served with a summons to attend before the Appeals Tribunal as a witness, or

(b) if a person fails to produce any document or other thing in the person’s custody or control that the person is required by a summons to produce after having been served with a summons to attend before the Appeals Tribunal, or

(c) if a person refuses to be sworn or to make an affirmation or refuses or otherwise fails to answer any question that is put to the person by the Appeals Tribunal after being called or examined as a witness before that Tribunal, or

(d) if a person threatens or insults—

(i) a member, assessor or officer of the Appeals Tribunal, or

(ii) any witness or person summoned to attend before that Tribunal, or

(iii) a barrister, solicitor or other person authorised to appear before that Tribunal, or

(e) if a person interrupts the proceedings of, or otherwise misbehaves before, the Appeals Tribunal, or

(f) if a person obstructs or attempts to obstruct the Appeals Tribunal, a member of that Tribunal or a person acting with the authorityof that Tribunal in the exercise of any lawful function, or

(g) if a person discloses, or authorises the disclosure of, evidence given before the Appeals Tribunal or any of the contents of a document produced at a hearing that that Tribunal has ordered not to be published, or

(h) if a person discloses, or authorises the disclosure of, evidence given before the Appeals Tribunal at a hearing held in private or any of the contents of a document produced at a hearing held in private (except to a member of staff of that Tribunal or as permitted by that Tribunal), or

(i) if a person does any other thing that, if the Appeals Tribunal were a court of law having power to commit for contempt, would be contempt of that court.

(2) If the Appeals Tribunal reports a matter to the High Court under subsection (1), and the Court is satisfied that there was no reasonable excuse for the act or omission concerned, then the Court—

(a) may make an order requiring the person concerned to comply with this Act, and

(b) if the person fails to comply with such order, may deal with the matter as if it were a contempt of that Court.

(3) Subsection (1)(h) does not apply to the Registrar or any other member of staff of the Appeals Tribunal in relation to evidence or contents of documents published to other members of that staff or to members of that Tribunal.]

57AO. F617[Act or omission that is both an offence and contempart

57AO.—(1) An act or omission may be punished as a contempt of the Appeals Tribunal even though it could be punished as an offence.

(2) An act or omission may be punished as an offence even though it could be punished as a contempt of the Appeals Tribunal.

(3) If an act or omission constitutes both an offence and a contempt of the Appeals Tribunal, the offender is not liable to be punished twice.]

57AP. F618[Appeals Tribunal to have seal.

57AP.—The Appeals Tribunal is required to have a seal, which is to be judicially noticed.]

57AQ. F619[Authentication of documents.

57AQ.—Every document requiring authentication by the Appeals Tribunal is sufficiently authenticated without the seal of that Tribunal if it is signed by the Chairperson, the Deputy Chairperson or the Registrar.]

57AR. F620[Judicial notice to be taken of certain signatures.

57AR.—Judicial notice is to be taken of the signature of the Chairperson, the Deputy Chairperson or the Registrar when appearing on a document issued by the Appeals Tribunal.]

57AS. F621[Proof of certain matters not required.

57AS.—In any legal proceedings, no proof is required (unless evidence to the contrary is given) of—

(a) the constitution of the Appeals Tribunal, or

(b) any decision of that Tribunal, or

(c) the appointment, or the holding of office by, a member of that Tribunal or the Registrar.]

57AT. F622[Protection of barristers, solicitors, witnesses and others.

57AT.—(1) A barrister, solicitor or other person appearing before the Appeals Tribunal on behalf of a party has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

(2) Subject to this Part and the rules, a person summoned to attend or appearing before the Appeals Tribunal as a witness has the same protection, and is, in addition to the penalties provided by this Part, subject to the same liabilities, as a witness in proceedings in the High Court.]

57AU. F623[Allowances and expenses of witnesses.

57AU.—(1) A person (other than an employee of the Bank or a civil servant for the purposes of the Civil Service Regulation Acts 1956 to 1996) who is required to appear or give evidence before the Appeals Tribunal is entitled to be paid such allowances and expenses as are ascertained in accordance with a scale of allowances and expenses prescribed by regulations made under section 57AZ for the purposes of this section.

(2) Subject to subsection (3), the allowances and expenses are to be paid by the party at whose request a witness is summoned.

(3) The Appeals Tribunal may order the allowances and expenses of a witnessreferred to in subsection (2) to be paid wholly or partly by the Bank.]

57AV. F624[Notices, service and lodgement of documents.

57AV.—(1) For the purposes of this Part, a notice or document may be given to a person (or a notice or document may be served on a person)—

(a) in the case of a natural person, by—

(i) delivering it to the person personally, or

(ii) leaving it at, or by sending it by pre-paid post to, the residential or business address of the person last known to the person serving the document, or

F625[(b) in the case of a body corporate—by leaving it at, or by sending it by pre-paid post to, the head office, a registered office or a principal office of the body corporate.

(c) ...]

(2) A notice or other document may be served on the Appeals Tribunal by leaving it at, or by sending it by post to (or a document that is required or permitted to be lodged with that Tribunal may be lodged at)—

(a) the office of the Registrar, or

(b) if the Registrar has more than one office, any one of those offices.

(3) Nothing in this section affects the operation of any provision of any law or the rules of a court authorising a document to be served in a manner not provided for by this section.

(4) The rules may—

(a) provide for other means of serving, giving or lodging any notice or document, and

(b) provide for a notice or document of a class specified by the rules to be served, given or lodged only in the manner prescribed by the rules.]

57AW. F626[Annual report of the Appeals Tribunal.

57AW.—(1) Not later than 3 months after the end of each financial year, the Chairperson shall provide the Minister and the Board with a report on the operations of the Appeals Tribunal for that year.

(2) As soon as practicable after receiving the report, the Minister shall arrange for it to be laid before both Houses of the Oireachtas.

(3) The Registrar is required to publish the report as soon as practicable after becoming aware that the report has been laid in accordance with subsection (2). All members of the public are entitled to obtain a copy of the report on payment of such reasonable charge as may be fixed by the Chairperson in consultation with the other members.]

57AX. F627[How the cost of operating the Appeals Tribunal is to be met.

57AX.—(1) The cost of operating the Appeals Tribunal is to be met from funds provided in accordance with this section.

(2) Not later than 3 months before the beginning of each financial year, or within such extended period as the Minister may allow, the Chairperson of the Appeals Tribunal shall—

(a) prepare a statement setting out estimates of that Tribunal’s expected income and expenditure for that year (including the cost of providing remuneration and other amounts to its members and to its staff), and

(b) submit the statement to the Minister for approval.

(3) The Minister may approve the statement either without amendment or with such amendment as may be agreed with the Chairperson, but in doing so is required to have regard to the Rome Treaty and the ESCB Statute.

(4) As soon as practicable after approving the statement, the Minister shall direct the Bank to pay to the Registrar such amount as the Minister specifies as being necessary to meet the cost of operating the Appeals Tribunal during the financial year concerned, after taking into account any income likely to be received by that Tribunal.

(5) The Bank is required to comply witha direction given under subsection (4) within such period or periods as are specified in the direction. The amounts required to be paid under the direction are a charge on the general fund of the Bank.]

57AY. F628[Registrar to keep proper accounting records.

57AY.—(1) The Registrar shall keep all proper accounting records in respect of all money received and spent by or in respect of the Appeals Tribunal.

(2) The Registrar shall open and maintain such bank accounts as are necessary for the operation of the Appeals Tribunal and shall ensure—

(a) that all money received for that Tribunal is banked as soon as practicable after it is received, and

(b) that no money is paid out of any of those accounts without the authority of the Chairperson.]

57AZ. F629[Government may make regulations with respect to the Appeals Tribunal.

57AZ.—The Government may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Part is required or permitted to be prescribed by regulation.]

F630[PART VIIB Financial Services Ombudsman F631[…]] Annotations Amendments: F630 Part VIIB (ss. 57BA-57CU) inserted (1.10.2004 this section) by Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004), s. 16, S.I. No. 455 of 2004, subject to transitional provisions in s. 35 and sch. 5. F631 Part repealed (1.01.2018) by Financial Services and Pensions Ombudsman Act 2017 (22/2017), s. 5(1), sch. 1 part 1 item 1, S.I. No. 524 of 2017.

57BA. F632[Definitions.

57BA.—F634[…]]

57BB. F635[Objects of this Part.

57BB.—F636[…]]

57BC. F637[ Establishment of Financial Services Ombudsman Council.

57BC.—F639[…]]

57BD. F640[Functions and powers of Financial Services Ombudsman Council.

57BD.—F641[…]]

57BE. F642[Council may impose levies and fees for the purposes of this Part.

57BE.—F643[…]]

57BF. F644[Council to make regulations for the purposes of this Part.

57BF.—F645[…]]

57BG. F646[Council chairperson to provide Minister with reports.

57BG.—F647[…]]

57BH. F648[Council chairperson to appear before Oireachtas committee when required.

57BH.—F649[…]]

57BI. F650[Financial Services Ombudsman’s Bureau.

57BI.—F652[…]]

57BJ. F653[Financial Services Ombudsman.

57BJ.—F654[…]]

57BK. F655[Functions and powers of Financial Services Ombudsman.

57BK.—F656[…]]

57BL. F657[Deputy Financial Services Ombudsman.

57BL.—F658[…]]

57BM. F659[Acting Financial Services Ombudsman.

57BM.—F660[…]]

57BN. F661[Bureau staff.

57BN.—F662[…]]

57BO. F663[Immunity of Financial Services Ombudsman and others.

57BO.—F664[…]]

57BP. F665[Financial Services Ombudsman to ensure proper accounts are kept in respect of the Bureau.

57BP.—(1)F667[…]]

57BQ. F668[Financial Services Ombudsman to arrange for preparation of annual statement of accounts.

57BQ.—F669[…]]

57BR. F670[Financial Services Ombudsman to prepare annual report of activities of the Bureau.

57BR.—F671[…]]

57BS. F672[Financial Services Ombudsman to publish certain other reports.

57BS.—F673[…]]

57BT. F674[Financial Services Ombudsman to arrange for preparation of annual estimate of income and expenditure.

57BT.—F675[…]]

57BU. F676[Financial Services Ombudsman to prepare strategic plan.

57BU.—F677[…]]

57BV. F678[Financial Services Ombudsman to provide Council and Minister with reports.

57BV.—F679[…]]

57BW. F680[Financial Services Ombudsman to appear before Oireachtas committee when required.

57BW.—F681[…]]

57BX. F682[Complaints about conduct of regulated financial service providers.

57BX.—F684[…]]

57BY. F685[Duty of Financial Services Ombudsman to investigate complaints.

57BY.—F686[…]]

57BZ. F687[Financial Services Ombudsman may decline to investigate or to continue to investigate complaint.

57BZ.—F688[…]]

57CA. F689[Financial Services Ombudsman to attempt to deal with complaint by mediation in first instance.

57CA.F690[…]]

57CB. F691[Persons entitled to make certain submissions to Financial Services Ombudsman.

57CB.—F692[…]]

57CC. F693[Financial Services Ombudsman to conduct investigations in private.

57CC.—F694[…]]

57CD. F695[Progress report to complainant.

57CD.—F696[…]]

57CE. F697[Financial Services Ombudsman can require regulated financial service provider to give information.

57CE.—F698[…]]

57CF. F699[Financial Services Ombudsman may enter premises of regulated financial service provider or associated entity of such a provider.

57CF.—F700[…]]

57CG. F701[Circuit Court may order person to comply with requirements, etc., of Financial Services Ombudsman.

57CG.—F702[…]]

57CH. F703[Obstruction of Financial Services Ombudsman in the performance or exercise of functions and powers.

57CH.—F704[…]]

57CI. F705[Adjudication of complaints.

57CI.—F706[…]]

57CJ. F707[Enforcement of Financial Services Ombudsman’s directions.

57CJ.—F708[…]]

57CK. F709[Financial Services Ombudsman may refer question of law to High Court.

57CK.—F711[…]]

57CL. F712[Right of appeal to High Court against Financial Services Ombudsman’s finding.

57CL.—F713[…]]

57CM. F714[Orders on appeal to the High Court relating to Financial Services Ombudsman’s finding.

57CM.—F715[…]]

57CN. F716[Appeal stays the finding of the Financial Services Ombudsman.

57CN.—F717[…]]

57CO. F718[Protection and other provisions relating to disclosures of information.

57CO.—F720[…]]

57CP. F721[Power of Court to grant injunctions in certain cases.

57CP.—F722[…]]

57CQ. F723[Financial Services Ombudsman and Council to co-operate with F724[Bank] and others.

57CQ.—F725[…]]

57CR. F726[Definitions (Chapter 8)

57CR.—F728[…]]

57CS. F729[Financial Services Ombudsman may subscribe to EEA Memorandum of Understanding.

57CS.—F730[…]]

57CT. F731[Financial Services Ombudsman may refer complaints to other EEA dispute settlement body.

57CT.—F732[…]]

57CU. F733[Financial Services Ombudsman may mediate, investigate and adjudicate complaints referred by other EEA dispute settlement bodies.

57CU.—F734[…]]

F735[PART VIIC Consultative Panels Chapter 1 General] Annotations Amendments: F735 Part VIIC (ss. 57CV-57DH) inserted (1.10.2004) by Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004), s. 17, S.I. No. 455 of 2004, subject to transitional provisions in s. 35 and sch. 5.

57CV. F735[Interpretation: Part VIIC.

57CV.—F737[…]]

57CW. F738[Establishment and membership of Consultative Panels.

57CW.—F739[…]]

57CX. Membership of Consultative Consumer Panel.

57CX.—F741[…]]

57CY. F742[Functions of Consultative Consumer Panel.

57CY.—F743[…]]

57CZ. F744[Regulatory Authority to provide sufficient resources to enable Consultative Consumer Panel to function.

57CZ.—F745[…]]

57DA. Membership of Consultative Industry Panel.

57DA.—F747[…]]

57DB. F748[Functions of Consultative Industry Panel.

57DB.—F749[…]]

57DC. F750[Regulatory Authority to provide sufficient resources to enable Consultative Industry Panel to function.

57DC.—F751[…]]

57DD. Schedule 8 to have effect with respect to Consultative Panels.

57DD.—F753[…]]

57DE. F754[Consultative Panel to prepare annual report.

57DE.—F755[…]]

57DF. F756[Responsibilities of Regulatory Authority and Minister with respect to Consultative Panels.

57DF.—F757[…]]

57DG. F758[Establishment and operation of advisory groups.

57DG.—F759[…]]

57DH. F760[Chairperson of Consultative Panel to attend meetings of relevant Oireachtas Joint Committee when required.

57DH.—F761[…]]

PART VIII. Coinage.

58. Amendment of the Coinage Act, 1926.

58.—F762[…]

59. Amendment of the Gold and Silver (Export Control, etc.) Act, 1920.

59.—F763[…]

60. The issue of coins under the Coinage Act, 1926.

60.—F764[…]

61. Copyright in coins.

61.—F765[…]

F766[PART VIIIA Regulations and Orders] Annotations Amendments: F766 Part VIIIA (ss. 61A-61D) inserted (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 29, S.I. No. 160 of 2003, subject to transitional provisions in s. 36 and sch. 3.

61A. F766[Regulations for purposes of this Act.

61A.—(1) The Minister may, after consulting the Bank, make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed (other than a matter required or permitted to be prescribed by the Government or the Bank), or that is necessary or expedient to be prescribed, for carrying out or giving effect to this Act (Part VIIA excepted).

(2) A provision of a regulation under this Act may—

(a) apply generally or be limited in its application by reference to specified exceptions or factors, or

(b) apply differently according to different factors of a specified kind, or

(c) authorise any matter or thing to be from time to time determined,applied or regulated by a specified person or body,

or may do any combination of those things.]

61B. F768[Power to amend or revoke certain orders.