DORMANT ACCOUNTS ACT, 2001

47.—(1) The Chief Executive of the Agency shall, in relation to the functions of the Agency under this Act, whenever required by the Committee of Public Accounts, give evidence to that Committee on—

• (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Chief Executive is required by or under statute to prepare,

• (b) the economy and efficiency of the Agency in the use of its resources,

• (c) the systems, procedures and practices employed by the Agency for the purpose of evaluating the effectiveness of its operations under this Act, and

• (d) any matter affecting the Agency referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act, 1993, or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

• (2) Whenever required by the Committee of Public Accounts, the chairperson of the Board shall, give evidence to that Committee on any matter relating to the functions of the Board under this Act.

• (3) When performing duties under this section, the Chief Executive of the Agency or the chairperson of the Board, as the case may be, shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

• (4) In this section “Committee of Public Accounts” means the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General.

48 Confidentiality.

48.—(1) Where an institution—

• (a) transfers moneys to the Fund under section 12, or

• (b) notifies the Agency of a claim for repayment under section 19(3),

the institution concerned shall not refer to an account holder by name or in any manner by which they could be identified as being an account holder.

• (2) Where the Minister for Finance—

• (i) transfers moneys to the Fund under section 36(1) (as amended by section 28) of the State Property Act, 1954, or

• (ii) applies for repayment under section 29,

he or she shall not refer to a deceased person or a person to whom or on whose behalf a payment is to be made under section 36(2) of that Act by name or in any manner by which they could be identified.

SCHEDULE

PART 1

Each of the following shall be an institution for the purposes of this Act:

• (a) a bank that holds or held a licence under section 9 of the Central Bank Act, 1971;

• (b) a building society incorporated or deemed to be incorporated under the Building Societies Act, 1989, or a body incorporated in a corresponding manner under the law of any other Member State of the European Communities;

• (c) a trustee savings bank within the meaning of the Trustee Savings Banks Act, 1989;

• (d) ACC Bank plc;

• (e) An Post;

• (f) a person authorised in accordance with the European Communities (Licensing and Supervision of Credit Institutions) Regulations, 1992 (S.I. No. 395 of 1992), to carry on business in the State;

• (g) a class or classes of person or institution specified in regulations under section 9.

PART 2

• (a) the Accountant of the Courts of Justice or the Accountant, Four Courts, Dublin;

• (b) a county registrar;

• (c) a district court clerk;

• (d) a judge of the Circuit Court;

• (e) a judge of the District Court;

• (f) the General Solicitor for Minors and Wards of Court;

• (g) the Official Assignee in Bankruptcy;

• (h) the Examiner;

• (i) the Probate Officer;

• (j) the Admiralty Marshall;

• (k) the Courts Service.

• (a) the institution at which the account is held has a lien, or

• (b) there is a right of set-off in favour of that institution against a liability.