Consumer Credit Act , 1995

(5) Subject tosubsection (6), the Bank may, withinF217[3 months]of receipt of a notification undersubsection (1), direct a credit institution—

(a) to refrain from imposing or changing a charge in relation to the provision of a service to a customer or to a group of customers, without the prior approval of the Bank, and

(b) to publish, in such manner as may be specified by the Bank from time to time, information on any charge in relation to the provision of a service to a customer or to a group of customers.

(6) If a notification undersubsection (1)is in respect of a proposal to impose a charge for a new service that was not previously offered to its customers, or is being offered as a choice to and in a materially different way to existing services, the Bank may, withinF218[3 months]of receipt after the date of the notification, direct the credit institution—

(a) to refrain from imposing or changing a charge in relation to the provision of a service to a customer or to a group of customers, without the prior approval of the Bank, and

(b) to publish, in such manner as may be specified by the Bank from time to time, information on any charge in relation to the provision of a service to a customer or to a group of customers.

F219[(6A) In calculating the periods of 3 months specified insubsections (5)and(6)no account shall be taken of any day on which any information required by the Bank to be provided by the credit institution for the performance of the Bank’s functions under this section has not yet been so provided.]

(7) A direction under this section may be expressed to apply—

(a) to every credit institution or to credit institutions carrying on a specified type of banking or financial business, or

(b) to all services provided to a customer or to a group of customers by credit institutions or to specified services or to services of a specified kind, or

(c) to a specified time or times or during a specified period or periods.

(8) The direction must—

(a) be communicated to every credit institution concerned, and

(b) if not communicated in writing, be confirmed in writing to every such credit institution as soon as possible afterwards, and

(c) have effect in accordance with its terms.

(9) The Bank shall, in exercising the powers conferred by this section, have regard to—

(a) the promotion of fair competition between—

(i) credit institutions, and

(ii) credit institutions carrying on a particular type of banking or financial business,

(b) the statement of commercial justification referred to insubsection (2)(b), and

(c) a credit institution passing any costs on to its customers or a group of its customers in proposing to impose or change any charge, in relation to the provision of a service to a customer or a group of its customers, and

(d) the effect on customers or a group of customers of any proposal to impose or change any charge in relation to the provision of such service.

(10) The Bank may amend or revoke a subsisting direction under this section and may amend or revoke a subsisting direction, which has been amended.

(11) The Bank may exempt a credit institution from the obligation to make a notification undersubsection (1)in respect of any charge which has been individually negotiated bona fide with the credit institution by a customer, or by or on behalf of a group of customers, of the credit institution.

(12) The Bank shall—

(a) keep under general review the terms and conditions applying to the provision of services to customers by credit institutions, and

(b) require a credit institution to discontinue or refrain from the use of those terms and conditions that are, or are likely to be regarded as, unfair, and

(c) if the credit institution fails to comply with a requirement underparagraph (b), bring proceedings in the High Court for an order prohibiting the use, or the continued use, of those terms and conditions.

F220[(12A) A credit institution shall not impose a charge for providing a service to a customer or group of customers if—

(a) the charge has not been previously notified to the Bank or to the Director, or

(b) the charge exceeds the charge notified for the service in accordance withsubsection (1), or

(c) the charge does not comply with a direction issued by the Bank under this section.

(12B) The Bank may, by notice given in writing, require a specified credit institution, or credit institutions of a specified class, to publish in such publications, and within such timeframes, as are specified in the notice details of the amounts of charges notified to the Bank under this section.

(12C) A credit institution to which a notice has been given undersubsection (12B)shall comply with the notice within the timeframe specified in the notice.]

(13) In this section—

"service" means any service provided by a credit institution to a customer in respect of the following—

(a) making and receiving payments;

(b) providing foreign exchange facilities;

(c) providing and granting credit;

(d) maintaining and administrating transaction accounts used for the services specified by this subsection, including issuing statements;

(e) any other service that may be pre-scribed by regulations for the purposes of this section;

"charge" includes a penalty or surcharge interest by whichever name called, being an interest charge imposed in respect of arrears on a credit agreement or a loan, but does not include any rate of interest or any charge, cost or expense levied by a party other than a credit institution in connection with the provision of a service to the credit institution or the customer and that is to be discharged by the customer.

(14) For the purposes of this section, a notification made to the Director of Consumer Affairs before the substitution of this section by item 42 of Part 21 of Schedule 1 to the Central Bank and Financial Services Authority of Ireland Act 2003, is taken to have been made to the Bank.]

F221[(15) A direction given undersection 28of theCentral Bank Act 1989and in force immediately before the coming into operation ofsection 78(d) of the Central Bank (Supervision and Enforcement) Act 2013 is to be treated as continuing in effect as if given under this section and accordingly is a subsisting direction under this section for the purposes ofsubsection (10).

(16) The duty imposed bysubsection (1)shall not apply to a relevant new credit institution until the end of the period of 3 years after it commences business in the State; but at the end of that period, the credit institution shall notify the Bank of all decisions to impose charges in relation to the provision of any service to a customer or to a group of customers during that period and of any proposal to do so which is not implemented during that period.

(17) A notification undersubsection (16)shall be treated as a notification undersubsection (1)for the purposes of this section; and references in this section to a proposal include a decision to impose charges notified undersubsection (16).

(18) Insubsection (16)"relevant new credit institution" means a credit institution which commences business as a credit institution in the State after the coming into operation ofsection 78(d) of the Central Bank (Supervision and Enforcement) Act 2013 and is not when it does so a related undertaking (within the meaning of that Act) of another credit institution carrying on business as a credit institution in the State.]

149A. F222[Customer charges, etc. payable by persons authorised to carry on business of a bureau de charge.

149A.—(1) In this section—

"authorisation" means an authorisation granted by the Bank under Part V ofthe Central Bank Act 1997, to carry on aF223[regulated business].

(2) The holder of an authorisation or, subject tothe Competition Act 1991, a group of holders of authorisations in respect of a service offered jointly by the group, shall notify the Bank of every proposal—

(a) to increase any charge which has been previously notified to the Bank, or

(b) to impose any charge in relation to the provision of a service to a customer or to a group of customers that has not been previously notified to the Bank.

(3) Every notification undersubsection (2)must be accompanied by—

(a) subject tosubsection (5), such fee as the Bank decides for each notification, being a fee that does not exceed the prescribed maximum amount, and

(b) a statement of the commercial justification for the proposal including a detailed statement of cost, and

(c) details of the estimated amount of additional income accruing from the proposal.

(4) For the purposes ofsubsection (3)(a), the prescribed maximum amount is—

(a)€31,750, or

(b) if some other amount is prescribed by regulations made for the purposes of this subsection—a fee of that other amount.

(5) The Bank may waive or reduce the fee if the payment of the fee would, in the opinion of the Bank, be unfair to the holder of the authorisation concerned, having regard to—

(a) the impact of any increase in or imposition of charges on customers, and

(b) the number of customers affected by any increase in or imposition of charges, and

(c) the additional income likely to accrue from any increase in, or imposition of, charges, and

(d) any other criteria that the Bank considers appropriate.

(6) The Bank may, within 4 months after receiving a notification undersubsection (2), direct the holder of an authorisation—

(a) to refrain from imposing or changing a charge in relation to the provision of a service to a customer or to a group of customers, without the prior approval of the Bank, and

(b) to publish, in such manner as may be specified by the Bank from time to time, information on any charge in relation to the provision of a service to a customer or to a group of customers.

(7) If a notification undersubsection (2)is in respect of a proposal to impose a charge for a new service that was not previously offered to its customers or is being offered as a choice to and in a way materially different from existing services, the Bank may, within 3 weeks after receiving the notification, direct the holder of an authorisation—

(a) to refrain from imposing or changing a charge for providing a service to a customer, or to a group of customers, without the prior approval of the Bank, and

(b) to publish, in such manner as may be specified by the Bank from time to time, information on any charge for providing a service to a customer or to a group of customers.

(8) A direction under this section may be expressed to apply—

(a) to every holder of an authorisation or holders of authorisations carrying on a specified type ofF223[regulated business], or

(b) to all services provided to a customer or to a group of customers by holders of authorisations or to specified services or to services of a specified kind, or

(c) to a specified time or times or during a specified period or periods,

and has effect according to its terms.

(9) The Bank shall—

(a) communicate such a direction to the holder of every authorisation concerned, and

(b) if not communicated in writing, confirm the communication in writing to that holder as soon as practicable after giving the direction.

(10) The Bank shall, in exercising the powers conferred by this section, have regard to—

(a) the promotion of fair competition between—

(i) holders of authorisations, and

(ii) credit institutions carrying on a particular type ofF223[regulated business],

and

(b) the statement of commercial justification referred to insubsection (3)(b), and

(c) the holder of an authorisation passing any costs on to its customers, or a group of its customers, in proposing to impose or change any charge for providing a service to a customer or a group of its customers, and

(d) the effect on customers or a group of customers of any proposal to impose or change any charge for providing the service.

(11) The Bank may amend or revoke a subsisting direction under this section and may amend or revoke a subsisting direction that has been amended.

(12) The Bank may exempt the holder of an authorisation from the obligation to make a notification undersubsection (2)in respect of any charge which has been individually negotiated in good faith with that holder by a customer, or by or on behalf of a group of customers, of that holder.

(13) The Bank shall—

(a) keep under general review the terms and conditions applying to the provision of services to customers by holders of authorisations, and

(b) require the holder of an authorisation to discontinue or refrain from the use of such terms and conditions as are, or are likely to be regarded as, unfair, and

(c) if that holder fails to comply with a requirement undersubparagraph (b), bring proceedings in the High Court for an order prohibiting the use, or continued use of those terms and conditions.

F223[(14) A holder of an authorisation shall not impose a charge for providing a service to a customer or group of customers if—

(a) the charge has not been previously notified to the Bank or to the Director, or

(b) the charge exceeds the charge notified for the service in accordance withsubsection (2), or

(c) the charge does not comply with a direction issued by the Bank under this section.

(15) The Bank may, by notice given in writing, require a specified holder of an authorisation, or holders of a specified class of authorisation, to publish in such publications, and within such timeframes, as are specified in the notice details of the amounts of charges notified to the Bank under this section.

(16) A holder of an authorisation to whom a notice has been given undersubsection (15)shall comply with the notice within the timeframe specified in the notice.

(17) In this section—

"bureau de change business" has the same meaning as insection 28 of the Central Bank Act 1997(as substituted bysection 27of the Central Bank and Financial Services Authority of Ireland Act 2004);

"service" means any service provided by the holder of an authorisation to a customer in relation to a bureau de change business or money transmission business carried on by that holder;

"money transmission business" has the same meaning as insection 28 of the Central Bank Act 1997(as substituted bysection 27of the Central Bank and Financial Services Authority of Ireland Act 2004).]

(15) For the purposes of this section, a notification made to the Director of Consumer Affairs before the substitution of this section by item 43 of Part 21 of Schedule 1 to the Central Bank and Financial Services Authority of Ireland Act 2003, is taken to have been made to the Bank.]

150. Disclosure of information by F224[Bank].

150.—The F224[Bank] shall not disclose F225[…] any information concerning the confidential business of a credit institution F226[or of a person authorised to carry onbureau de changebusiness underPart Vof the Central Bank Act, 1997] which may come to F224[its] knowledge by virtue of this Part unless such disclosure is to enable F224[it] to carry out F224[its] functions or is required by a court or made for the purpose of complying with any other enactment.

PART XIII Moneylenders, Credit and Mortgage Intermediaries Registers

151. F227[Credit intermediaries register.

151.—(1) The Director shall establish and keep a register of credit intermediaries.

(2) The register is to be kept in a form determined by the Director.

(3) The credit intermediaries register must contain the following particulars:

(a) the information referred to insection 144(8);

(b) any revocation or suspension of a credit intermediaries authorisation;

(c) such other particulars as the Minister for Enterprise, Trade and Employment from time to time prescribes.

(4) The Director shall keep the register at the Director’s office of business and shall make the register available for inspection by members of the public during those business hours. If the register is kept in a form that is not immediately legible, the Director shall make available a version of the register that is in legible form.

(5) A person who attends the Director’s office during the hours when it is open for business is entitled, on request—

(a) to inspect the register without charge or make enquiries regarding its contents, and

(b) on payment of the prescribed fee, to obtain a copy of any entry in the register.

(6) For the purpose ofsubsection (5)(b), the prescribed fee is—

(a)€6.25, or

(b) if some other amount is prescribed by the Minister for Enterprise, Trade and Employment for the purposes of this subsection—that other amount.]

151A. F228[Registers of F229[high cost credit providers] and mortgage intermediaries.

151A.—(1) The Bank shall establish and keep—

(a) a register ofF229[high cost credit providers], and

(b) a register of mortgage intermediaries.

(2) Each of the registers is to be kept in a form determined by the Bank.

(3) The register ofF229[high cost credit providers]must contain the following particulars:

(a) the information referred to insection 93(8);

(b) any revocation, suspension or variation of the terms or conditions of aF229[high cost credit provider's licence];

(c) such other particulars as the Minister for Finance prescribes from time to time.

(4) The mortgage intermediaries register must contain the following particulars:

(a) the information referred to insection 116(8);

(b) any revocation or suspension of a mortgage intermediaries authorisation;

(c) such other particulars as the Minister for Finance prescribes from time to time.

(5) A person is at all reasonable times entitled to make enquiries regarding the contents of either of the registers.

(6) The Bank shall ensure that each of the registers is at all reasonable times open for inspection by members of the public. If a register is kept in a form that is not immediately legible, the Bank shall make available to any member of the public who wishes to inspect the register a version of the register that is in legible form.

(7) A person is entitled to obtain a copy of any entry in either of the registers on payment to the Bank of a fee of such amount (if any) as may be prescribed under section 33K ofthe Central Bank Act 1942, for the purposes of this subsection.

(8) The Bank may, in relation to such class or classes of persons as it decides, waive or reduce a fee prescribed for the purposes ofsubsection (7).]

151B. F230[Certified copy of entry in register to be admissible in evidence.

151B.—(1) Every document purporting to be a copy of an entry in a register kept undersection 151and to be certified by a person employed in the office of the Director to be a true copy of the entry is, without proof of the person’s signature or proof that the person was such officer, admissible in all legal proceedings as evidence of its contents.

(2) Every document purporting to be a copy of an entry in a register kept undersection 151Aand to be certified by an authorised person to be a true copy of the entry is, without proof of the person’s signature or proof that the person was an authorised person, admissible in all legal proceedings as evidence of its contents.

(3) Insubsection (2), "authorised person" means the Bank, a person authorised by the Bank for the purposes of that subsection, a delegate of the Bank or a member, officer or employee of such a delegate.]

PART XIV Amendment of Sale of Goods and Supply of Services Act, 1980

152. Amendment of Act of 1980.

152.—The Act of 1980 is hereby amended—

(a)by the insertion after the definition of “business” in section 2 (1) of the following definition:

(b)by the substitution for the definition of “hire-purchase agreement” in section 2 (1) of the following definition:

(c)by the insertion in section 54 after “hire-purchase agreement” of “or a consumer-hire agreement”.

PART XV Amendment of Pawnbrokers Act, 1964

153. Licensing of pawnbrokers.

153.—The Pawnbrokers Act, 1964, is hereby amended by the substitution for sections 7 to 10 of the following sections:

154. Amendment of Pawnbrokers Act, 1964.

154.—(1)Each provision of the Pawnbrokers Act, 1964, mentioned in column (1) of Part I of the Eighth Schedule is hereby amended to the extent specified in column (2) of that Part opposite the mention of that provision in column (1).

(2)The Pawnbrokers Act, 1964, is hereby amended—

(a)by the substitution for the Second Schedule thereto of the schedule contained in Part II of the Eighth Schedule, and

(b)by the substitution for the Third Schedule thereto of the schedule contained in Part III of the Eighth Schedule.

155. Continuity of licences granted by Revenue Commissioners.

155.—Any licence granted by the Revenue Commissioners under section 8 of the Pawnbrokers Act, 1964, that is in force immediately before the commencement of this Part shall continue in force after such commencement for the remainder of the period that such licence was so granted as if it had been granted by the Director under section 8 (inserted by section 153) of that Act and that section shall be construed accordingly.

PART XVI Amendment of Consumer Information Act, 1978

156. Amendment of section 9 of Consumer Information Act, 1978.

156.—The Consumer Information Act, 1978, is hereby amended by the substitution for paragraph (a) of section 9 (12) of the following paragraph: