LegalizeCentral Bank (Supervision and Enforcement) Act 2013
This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.
29 amending acts · 2026-07-07, revised-IE-2013-act-26@2026-07-07
Act to further provide for the regulation and supervision of financial service providers and financial services; to further provide for the enforcement of financial services legislation; to provide for the protection of persons reporting breaches; for those and other purposes to provide for amendments to, and to further amend and extend, the Central Bank Acts 1942 to 2012 and certain other acts and statutory instruments, and to provide for related matters
“Authorisation of third country branches.
9A.— (1) In this section and sections 9B and 9C—
‘branch’ means a branch of a relevant credit institution;
‘EEA Agreement’ has the same meaning as it has in the European Communities (Amendment) Act 1993;
‘EEA state’ means—
(a) a member state of the European Communities, or
(b) a state (other than a member state of the European Communities) that is a contracting party to the EEA Agreement;
‘relevant credit institution’ means a credit institution whose head office is located in a state or territory other than an EEA state and which holds an authorisation to carry on banking business in that state or territory from the authority that exercises in that state or territory functions corresponding to those of the Bank under this Part (‘relevant third country authority’).
(2) Subject to the provisions of this section, the Bank may grant an authorisation to a relevant credit institution to operate a branch in the State for the purpose of carrying on banking business in the State.
(3) The Bank shall not grant an authorisation under subsection (2) unless it is satisfied that—
(a) the relevant credit institution is subject, in the state or territory where its head office is located, to regulatory or administrative provisions relating to authorisation to carry on banking business in that state or territory and supervision corresponding to those in the State, and
(b) protection of deposits with the branch, corresponding to the protection provided by the European Communities (Deposit Guarantee Schemes) Regulations 1995 (S.I. No. 168 of 1995), is available to depositors.
(4) An application for authorisation under subsection (2) shall be in such form and contain such information as the Bank may from time to time determine.
(5) The Bank shall notify the European Commission, the European Banking Authority and the European Banking Committee of any authorisation granted under subsection (2).
(6) The grant of an authorisation under subsection (2) shall not constitute a warranty as to the solvency of the relevant credit institution to which it is granted and the Bank shall not be liable in respect of any losses incurred through the insolvency or default of a relevant credit institution to which such authorisation is granted.
Refusal to grant an authorisation under section 9A.
9B.— (1) The Bank shall not refuse to grant an authorisation under section 9A(2) unless it is satisfied that the grant of the authorisation would not be in the interest of the orderly and proper regulation of banking.
(2) Whenever the Bank proposes to refuse to grant an authorisation under section 9A(2) it shall—
(a) within the period of 6 months after the date of the receipt of the application for the authorisation, or
(b) where additional information in relation to the application has been sought by the Bank, within the period of 6 months after the date of the receipt by the Bank of the additional information or the period of 12 months after the date of the receipt of the application for the authorisation whichever period first expires,
notify the applicant for the authorisation in writing of its reasons for the refusal and the applicant may, within the period of 21 days after the date of the giving of the notification, make representations in writing to the Bank in relation to the proposed refusal.
(3) The Bank shall, before deciding to refuse the authorisation, consider any representations duly made to it under subsection (2) in relation to the proposed refusal.
Revocation of authorisations granted under section 9A.
9C.— (1) The Bank may revoke an authorisation granted under section 9A(2)—
- (*a*) if the holder of the authorisation so requests, - (*b*) if the holder of the authorisation— - (i) has not commenced to carry on banking business pursuant to the authorisation within 12 months of the date on which the authorisation was granted, - (ii) has ceased to carry on banking business pursuant to the authorisation and has not carried it on during a period of more than 6 months immediately following the cesser, - (iii) has obtained the authorisation through false statements or any other irregular means, - (iv) becomes unable to meet its obligations to its creditors or suspends payments lawfully due by it or can no longer be relied upon to fulfil its obligations towards its creditors, and in particular no longer provides security for the assets entrusted to it, - (v) is convicted on indictment of an offence under any provision of this Act or an offence involving fraud, dishonesty or breach of trust, or - (vi) being a company, is being wound up, - (*c*) where the holder of the authorisation no longer holds an authorisation from the relevant third country authority to carry on banking business in the state or territory where its head office is located, - (*d*) if the business of, or the corporate structure of, the holder of the authorisation has been so organised or the holder of the authorisation has come under the control of any other undertaking not supervised by the Bank such that the holder is no longer capable of being supervised to the satisfaction of the Bank, or - (*e*) if, since the grant of the authorisation, the circumstances relevant to the grant have changed and are such that, if an application for an authorisation were made in the changed circumstances, it would be refused.
(2) Whenever the Bank proposes to revoke an authorisation under subsection (1) (otherwise than in circumstances to which paragraph (a) of subsection (1) relates)—
(a) it shall notify the holder of the authorisation in writing of the reasons for the revocation and that the holder may, within 21 days after the date of the giving of the notification, make representations in writing to the Bank in relation to the proposed revocation,
(b) the holder of the authorisation may make such representations in writing to the Bank within the period referred to in paragraph (a), and
(c) the Bank shall, before deciding whether or not to revoke the authorisation, consider any representations duly made to it under this subsection in relation to the proposed revocation.
(3) Where an authorisation is revoked under subsection (1) and the holder of the authorisation is not a company which is being wound up—
(a) that person shall continue to be subject to the duties and obligations imposed on it by or under the Central Bank Acts 1942 to 2013 until all liabilities of that person in respect of deposits (including deposits on current accounts) or other repayable funds accepted by it from persons (in this subsection referred to as ‘depositors’) pursuant to the authorisation have been discharged to the satisfaction of the Bank,
(b) that person shall, as soon as possible after the authorisation is revoked—
(i) notify the Bank, and
(ii) as far as is reasonably practicable, notify every depositor concerned,
of the measures it is taking or proposes to take to discharge in full and without undue delay its liabilities in respect of those deposits,
(c) in the case where—
(i) that person has notified the Bank in accordance with paragraph (b) and the Bank is of the opinion that the measures being taken or proposed to be taken for the purposes of that paragraph are not satisfactory, or
(ii) that person has not so notified the Bank and the Bank is of the opinion that it has failed to so notify as soon as possible after the authorisation is revoked, or
(iii) the Bank is of the opinion that that person has not taken all reasonable steps to so notify every depositor concerned,
then the Bank may give a direction in writing to that person for such period, not exceeding 6 months, as may be specified therein, prohibiting it from—
- (I) dealing with or disposing of any of its assets or specified assets in any manner, or - (II) engaging in any transaction or class of transaction or specified transaction, or - (III) making payments, without the prior authorisation of the Bank, and the Bank may require that person to prepare and submit to it for its approval within 2 months of the direction, a scheme for the orderly discharge in full of its liabilities to the depositors concerned.(4) Where a direction to which subsection (3)(c) relates is given the provisions of section 21 shall apply with any necessary modifications.
(5) The Bank shall, before deciding to revoke an authorisation under subsection (1), consult with the relevant third country authority provided however that if immediate action by the Bank is called for it shall not be necessary for the Bank to consult as aforesaid but in such a case the Bank shall notify the authority concerned of the revocation of the authorisation.
(6) In this section ‘control’ includes any power, whether arising from a contract or agreement or otherwise, whereby one party can direct the affairs of another and a parent undertaking shall be deemed to control its subsidiaries and ‘parent undertaking’ has the meaning assigned to it by the European Communities (Companies: Group Accounts) Regulations 1992 (S.I. No. 201 of 1992).”.
74. Amendment of section 76 of Central Bank Act 1989.
74.— Section 76 of the Central Bank Act 1989 is amended by inserting the following after subsection (2):
“(3) An application under subsection (2) shall be on notice to the Bank and the Bank shall be entitled to appear, be heard and adduce evidence at the hearing of the application.
(4) Notice of the application shall be served upon the Bank at least 14 days before the date of hearing of the application.
(5) An affidavit giving the names and addresses of, and the places and dates of service on, all persons who have been served with the notice of application, grounding affidavit and exhibits (if any) shall be filed by the applicant at least 4 days before the application is heard. If any person who ought under this section to have been served has not been so served, the affidavit shall state that fact and the reason for it.
(6) In this section ‘the Court’ means the High Court.”.
75. Amendment of section 43 of Investment Intermediaries Act 1995.
75.— Section 43 of the Investment Intermediaries Act 1995 is amended by renumbering the existing provision as subsection (1) and by inserting the following after that subsection:
“(2) A person may apply to the Court for an order, on such conditions as the Court may decide, declaring that, notwithstanding the failure of that person to notify the Bank as required by this Part, the acquiring transaction is, and always has been, a valid transaction and that title to any shares or other interest concerned did pass and that all purported exercise of powers is and always had been valid; and if the Court finds that the failure to notify the Bank of the proposed acquiring transaction was due to inadvertence on the part of the person, or if the Court considers that it is otherwise in the interest of justice to do so, it shall grant the order sought.
(3) An application under subsection (2) shall be on notice to the Bank and the Bank shall be entitled to appear, be heard and adduce evidence at the hearing of the application.
(4) Notice of the application shall be served on the Bank at least 14 days before the date of hearing of the application.
(5) An affidavit giving the names and addresses of, and the places and dates of service on, all persons who have been served with the notice of application, grounding affidavit and exhibits (if any) shall be filed by the applicant at least 4 days before the application is heard. If any person who ought under this section to have been served has not been so served, the affidavit shall state that fact and the reason for it.”.
76. Amendment of section 30 of Consumer Credit Act 1995.
76.— Section 30 of the Consumer Credit Act 1995 is amended in subsection (1) by substituting the following for paragraphs (a) and (b):
“(a) a copy of the agreement shall be sent to the consumer by the creditor within 10 days of the making of the agreement, and
(b) in the case of any contract of guarantee relating to the agreement, a copy of the guarantee and the agreement shall be sent to the guarantor by the creditor within 10 days of the making of the contract.”.
77. Amendment of section 45 of Consumer Credit Act 1995.
77.— Section 45 of the Consumer Credit Act 1995 is amended in subsection (1) by substituting “communication on paper” for “written communication”.
78. Amendment of section 149 of Consumer Credit Act 1995.
78.— Section 149 of the Consumer Credit Act 1995 is amended—
- (a) in subsection (5) by substituting “3 months” for “4 months”,
- (b) in subsection (6) by substituting “3 months” for “3 weeks”,
- (c) by inserting the following after subsection (6):
- “(6A) In calculating the periods of 3 months specified in subsections (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.”,
and
- (d) by inserting the following after subsection (14):
“(15) A direction given under section 28 of the Central Bank Act 1989 and in force immediately before the coming into operation of section 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 of subsection (10).
(16) The duty imposed by subsection (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 under subsection (16) shall be treated as a notification under subsection (1) for the purposes of this section; and references in this section to a proposal include a decision to impose charges notified under subsection (16).
(18) In subsection (16) ‘relevant new credit institution’ means a credit institution which commences business as a credit institution in the State after the coming into operation of section 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.”.
79. Amendment of section 27 of Central Bank Act 1997.
79.— Section 27 of the Central Bank Act 1997 is amended by inserting the following after subsection (5):
“(6)
(a) Subsection (1) does not apply if the regulated financial service provider concerned has a reasonable excuse.
(b) It is a reasonable excuse for the purposes of paragraph (a) for a regulated financial service provider to fail to comply with a requirement under section 25 or 26 that such compliance might tend to incriminate the regulated financial service provider.
(c) Paragraph (b) does not limit what is a reasonable excuse for the purposes of paragraph (a).”.
80. Amendments of Investor Compensation Act 1998.
80.— The Investor Compensation Act 1998 is amended—
- (a) in section 33 by substituting the following for subsection (4):
“(4) Following consultation with the Company, an administrator may apply to the Court to determine any question arising in relation to his or her functions under this Act.
(5) Notice of an application under subsection (4) shall be given to the Company.”,
- (b) by inserting the following section after section 33A:
“Power to make regulations for return of investors’ funds or investment instruments.
33B.— (1) The Minister may, following consultation with the Bank and the Company, make regulations providing for the return of investors’ funds or investment instruments, as the case may be, following the appointment of an administrator, where the Minister considers it necessary to do so in order to provide for their efficient, equitable and prompt return.
(2) Regulations under subsection (1) may include provision for—
(a) the procedures and steps to be taken for the purpose of identifying, recording and, to the extent necessary, reconciling, the books, records or other documents of the investment firm to establish—
(i) the monies, investment instruments or documents of title relating to such investment instruments which are held or which ought to be held on behalf of clients by the investment firm or by its nominee, and
(ii) the claims of the clients of the investment firm against those monies, investment instruments or documents of title (whether or not those monies, investment instruments or documents of title continue to exist),
(b) the satisfying and the ranking of claims against investment instruments or classes of investment instruments,
(c) the number, value and nature of claims against monies held or which ought to be held by an investment firm on behalf of clients,
(d) the treatment and abatement of claims by clients,
(e) the return of dividends, monies and investment instruments to clients,
(f) the allocation and provision of reasonable expenses of a liquidator, receiver, administrator, examiner or official assignee subject to Regulations 157 and 158 of the European Communities (Markets in Financial Instruments) Regulations 2007 (S.I. No. 60 of 2007), and
(g) the making of reports by an administrator to the Company containing such information relating to the administration of claims and at such time or times and in such manner as may be specified in the regulations,”,
and
- (c) in section 35 by inserting the following after subsection (7):
- “(7A) Notice of an appeal under subsection (7) shall be given to the Company and it shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.”.
81. Amendment of Financial Services (Deposit Guarantee Scheme) Act 2009.
81.— The Financial Services (Deposit Guarantee Scheme) Act 2009 is amended—
- (a) in section 1 by inserting the following definition:
“ ‘relevant Member State institution’ means an institution authorised in another Member State which has established in the State a branch which maintains a deposit in the deposit protection account pursuant to Regulation 26 of the Deposit Guarantee Regulations;”,
and
- (b) by inserting the following sections after section 8:
“Power of Bank to make regulations for information to be kept relating to eligible deposits.
8A.— (1) Where the Bank considers it necessary to do so in the public interest the Bank may make regulations for securing that accurate information in relation to persons who maintain eligible deposits with credit institutions or relevant Member State institutions (in this section referred to as ‘depositors’) is available to them and to the Bank (in particular to enable the Bank to meet its obligations to make guarantee payments out of the deposit protection account to depositors in accordance with the Deposit Guarantee Regulations).
(2) The regulations may include provision—
(a) requiring credit institutions and relevant Member State institutions to keep such information as the Bank may prescribe in relation to depositors,
(b) about the form and manner in which, and the period for which, the prescribed information is to be kept, and
(c) for enabling the verification of the prescribed information.
Requirement to provide information to Bank.
8B.— The Bank may require a credit institution or relevant Member State institution to provide to the Bank at such time or times and in such manner as the Bank may require—
(a) any information kept by it in compliance with regulations under section 8A, and
(b) any information which the Bank may reasonably require to satisfy itself that requirements imposed by regulations under that section have been, and are being, complied with by the credit institution or relevant Member State institution.
Direction to credit institution.
8C.— (1) If the Bank considers that a credit institution or relevant Member State institution has failed, or is failing, to comply with any requirement imposed by regulations made under section 8A, the Bank may direct it to take specified steps to comply with the requirement.
(2) If the Bank considers that a credit institution or relevant Member State institution has failed, or is failing, to comply with a direction under subsection (1) the Bank may make an application to the High Court, and the High Court may, on such an application, make an order requiring it to comply with the direction.
Directions under section 8C: supplementary.
8D.— (1) The provisions of a direction under section 8C have effect from the date specified in the direction in relation to them.
(2) A direction under section 8C shall set out—
(a) all terms of the direction, including any date specified as the date by which, or period specified as the period within which, any provision of the direction is to be complied with, and
(b) any incidental, supplementary or consequential provision for securing that the direction is fully complied with.
(3) On an application under section 8C(2), the High Court may make any such interim or interlocutory order as it considers appropriate.
(4) An order under subsection (3) may include an order to take such ancillary or incidental steps as the High Court may consider appropriate to give full effect to the order.”,
and
- (c) in section 9(1) by substituting the following for “A person who contravenes section 4(1) commits an offence and is liable—”:
“A person who contravenes section 4(1), fails to comply with a requirement under section 8B or a direction under section 8C or provides information under section 8B knowing it to be false or misleading commits an offence and is liable—”.
82. Amendment of Central Bank and Credit Institutions (Resolution) Act 2011.
82.— (1) In this section “Act of 2011” means the Central Bank and Credit Institutions (Resolution) Act 2011.
- (2) Section 10 of the Act of 2011 is amended—
- (a) in subsection (2)—
- (i) by deleting paragraph (a), and
- (ii) in paragraph (b) by inserting “46,” after “42(5),”,
and
- (b) in subsection (4) by substituting “Subject to section 11(3), the Bank” for “The Bank”.
- (3) Section 11 of the Act of 2011 is amended by inserting the following subsection after subsection (2):
- “(3) Notwithstanding section 10(4), the Bank shall from time to time pay interest at the rate determined under subsection (2) on monies standing to the credit of the Fund.”.
- (4) The Act of 2011 is amended by inserting the following section after section 11:
“Accounts and audit.
11A.— (1) The Bank shall cause—
(a) to be kept for the Fund, in such form as the Minister approves, all proper and usual accounts of income and expenditure, and
(b) the transmission of those accounts not later than 3 months following the end of the financial year to which they relate to the Comptroller and Auditor General for audit.
(2) The Comptroller and Auditor General shall audit the accounts of the Fund transmitted to him or her under subsection (1) and shall prepare a written report in relation to those accounts.
(3) Within one month of the completion of the audit referred to in subsection (2), the Bank shall present a copy of the accounts and the report of the Comptroller and Auditor General on the accounts to the Minister who shall, as soon as may be, cause copies thereof to be laid before each House of the Oireachtas.”.
- (5) The Act of 2011 is amended by substituting the following for section 12:
“12.— (1) The Minister, following consultation with the Bank, may contribute to the Fund such sums as the Minister considers appropriate, from the Central Fund or the growing produce of the Central Fund.
(2) The Minister is entitled to be reimbursed from the Fund for all contributions under subsection (1) together with any interest, at the rate determined under section 11(2), that may have accrued on those contributions at the rate determined.
(3) All sums paid out of the Fund in repayment of a contribution under subsection (2) shall be paid into the Central Fund.”.
- (6) The Act of 2011 is amended by substituting the following for section 46:
“46.— (1) The Minister may, at the request of the Bank, agree to the provision, directly or indirectly, of a financial incentive, on terms and conditions that the Minister considers appropriate, to a person to become a transferee under—
(a) a transfer order, or
(b) where a transfer order has been varied under section 33, the transfer order as so varied.
(2) For the purposes of subsection (1)(a), the person to which the financial incentive is given may be a bridge-bank.
(3) A financial incentive may take the form of a payment, a loan, a guarantee, an exchange of assets or any other kind of financial accommodation or assistance, and may be or may include financial support within the meaning of the Act of 2008.
(4) Where the Minister agrees to the provision of a financial incentive under this Act and it is in the form of a payment or gives rise to a payment, the payment shall be made by the Bank from the Fund to such person as the Minister may direct.
(5) Where the Minister agrees to the provision of a financial incentive under this Act, a term of its provision may be in respect of the repayment in case of setting-aside of the transfer order, whether or not there is re-transfer of any assets or liabilities to the transferor.
(6) The amount of any financial incentive provided under this Act is a debt due and owing to the Bank for the account of the Fund by the transferor and may be recovered by the Bank for the account of the Fund as a simple contract debt in any court of competent jurisdiction.
(7) Any sum recovered by the Bank under subsection (6) shall be paid into the Fund.”.
- (7) Section 47 of the Act of 2011 is amended by substituting “If a liability to repay arises under section 46(5)” for “If a liability to repay the Fund or the Minister arises under section 46(4)”.
- (8) Subsections (1), (2)(b) and (3) shall be deemed to have come into operation on the coming into operation of the Act of 2011.
PART 13 Miscellaneous
83. Amendment of section 1 of Insurance Act 1964.
83.— Section 1 of the Insurance Act 1964 is amended by substituting the following for paragraph (a) of the definition of “excluded risk”:
“(a) a risk relating to insurance that falls within the following classes of the Annex to First Council Directive 73/239/EEC of 24 July 1973 4—
(i) 4, 5, 6, 7, 11 and 12,
(ii) 1 and 10 in so far as they relate to the insurance of passengers in marine and aviation vehicles and carriers liability insurance, respectively,
(iii) 14 in so far as it relates to export credit;”.
84. Amendment of section 6 of Insurance Act 1964.
84.— Section 6 of the Insurance Act 1964 is amended by substituting the following for the definition of “premium” in subsection (14):
“ ‘premium’, in relation to a policy issued both in respect of risks in the State and risks not in the State, means that proportion of the premium paid in respect of risks in the State;”.
85. Amendment of section 4 of Landlord and Tenant Act (Ground Rents) (No. 2) Act 1978.
85.— (1) Section 4(1) of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 (referred to in this section as “the 1978 Act”) is amended by inserting the following after paragraph (b):
- “(bb) the Central Bank of Ireland,”.
- (2) The amendment made by subsection (1) shall not apply to—
- (a) an application to the Registrar of Titles under Part III of the 1978 Act made before the commencement of this section,
- (b) a notice of intention to acquire a fee simple under section 4 of the Landlord and Tenant (Ground Rents) Act 1967 (referred to in this section as “the 1967 Act”) served before the commencement of this section,
- (c) an application to a county registrar under section 17 of the 1967 Act, or an arbitration under that Act, relating to a notice to which paragraph (b) applies,
- (d) an arbitration under Part III of the 1978 Act relating to an application to which paragraph (a) applies,
- (e) an appeal to the Circuit Court from a decision of a county registrar under the 1967 Act relating to a notice to which paragraph (b) applies, or
- (f) an appeal to the Circuit Court from a decision of the Registrar of Titles under Part III of the 1978 Act relating to an application to which paragraph (a) applies.
86. Amendment of section 4 of Landlord and Tenant (Amendment) Act 1980.
86.— (1) Section 4 of the Landlord and Tenant (Amendment) Act 1980 is amended—
- (a) in subsection (1) by inserting “or the Central Bank of Ireland, as the case may be,” after “State authority”, and
- (b) by inserting the following after subsection (1)—
“(1A) Subject to subsections (1B) and (1C), this Act shall not bind the Central Bank of Ireland (in this subsection and subsections (1B) and (1C) referred to as ‘the Bank’) in its capacity as lessor or immediate lessor of any premises.
(1B) Where the Bank acquires the interest of the lessor or immediate lessor of any premises after the coming into operation of section 86 of the Central Bank (Supervision and Enforcement) Act 2013 and the Bank did not have any previous interest in the premises as lessor or immediate lessor, section 13 shall apply as if the expressions ‘at any time’ and ‘at that time’ in subsection (1) thereof were references to the relevant date and Part II shall have effect accordingly, save that a tenant of the Bank whose tenancy of the premises is renewed under that Part as applied by this section shall not be entitled to a further renewal of that tenancy.
(1C) In a case to which subsection (1B) applies, subsection (1A) shall not apply so as to disqualify any person for payment of compensation for improvements in respect of such improvements as may have been carried out before the relevant date.”.
- (2) The amendments made by subsection (1) shall not apply to leases granted before the coming into operation of this section.
87. Amendment of section 3 of Companies (Amendment) Act 1990.
87.— Section 3 of the Companies (Amendment) Act 1990 is amended—
- (a) in subsection (2)—
- (i) in paragraph (a) by substituting “only by the Central Bank or by the company acting with the prior consent of the Central Bank,” for “only by the Minister”,
- (ii) in paragraph (b) by inserting “or by the company with the prior consent in writing of the Central Bank” after “the Central Bank”, and
- (iii) by deleting paragraph (c)(ii),
and
- (b) by inserting the following after subsection (2):
“(2A) Where a petition is presented under subsection (2) otherwise than by the Central Bank—
(a) the petitioner—
(i) subject to subsection (2B), shall, before he or she presents the petition at the office of the court, cause to be received by the Central Bank a notice in writing of his or her intention to present the petition, and
(ii) shall serve a copy of the petition on the Central Bank as soon as may be after the presentation of it at the office of the court,
and
(b) the Central Bank shall be entitled to appear and be heard at any hearing relating to the petition.
(2B) A notice under subsection (2A)(a)(i) shall not be required if the petitioner is the company.”.
88. Disclosure to Bank of tax information about qualifying companies and FVCs.
88.— (1) Nothing in the Taxes Consolidation Act 1997 prevents the disclosure to the Bank of information held by the Revenue Commissioners in relation to—
- (a) qualifying companies, within the meaning of section 110 of the Taxes Consolidation Act 1997, or
- (b) FVCs, within the meaning of Article 1 of Regulation (EC) No 24/2009 of the European Central Bank of 19 December 2008 5 concerning statistics on the assets and liabilities of financial vehicle corporations engaged in securitisation transactions.
- (2) Information disclosed to the Bank by virtue of subsection (1) may be used by the Bank only in the exercise of the Bank’s functions and shall not be disclosed by the Bank to any other person.
89. Amendment of section 11 of Electronic Commerce Act 2000.
89.— Section 11 of the Electronic Commerce Act 2000 is amended in paragraph (d) by deleting “the Consumer Credit Act, 1995, or any regulations made thereunder and”.
90. Amendment of Planning and Development Act 2000.
90.— The Planning and Development Act 2000 is amended—
- (a) in section 33 by inserting the following after subsection (4):
- “(5) Regulations under this section may make different provision with respect to applications for permission for development made by the Central Bank of Ireland in cases where the disclosure of information in relation to the application concerned might prejudice the security, externally or internally, of the development or the land concerned or facilitate any unauthorised access to or from the land by any person, and such regulations may make provision modifying the operation of section 38 in relation to applications in those cases.”,
and
- (b) in section 142 by inserting the following after subsection (5):
- “(6) Regulations under this section may make different provision with respect to appeals in relation to applications for permission for development made by the Central Bank of Ireland in the cases referred to in section 33(5), and such regulations may make provision modifying the operation of sections 132 and 146 in relation to such appeals.”.
91. Amendment of section 56 of Personal Injuries Assessment Board Act 2003.
91.— Section 56 of the Personal Injuries Assessment Board Act 2003 is amended in subsection (5) by substituting the following for paragraph (c):
“(c) one shall be a person nominated for such appointment by the Irish Insurance Federation (or any successor of it), and
(d) one shall be an employee of the Central Bank of Ireland nominated for such appointment by the Governor of the Central Bank of Ireland.”.
92. Amendment of Credit Institutions (Financial Support) Act 2008.
92.— The Credit Institutions (Financial Support) Act 2008 is amended by repealing section 7.
93. Amendment of section 38 of Credit Institutions (Stabilisation) Act 2010.
93.— Section 38 of the Credit Institutions (Stabilisation) Act 2010 is amended by inserting the following subsection after subsection (3):
- “(3A) Where the Minister provides a financial incentive under subsection (1) which is in the form of a payment or gives rise to a payment, the payment shall be made from the Central Fund or the growing produce thereof.”.
94. Amendment of section 6 of Irish Bank Resolution Corporation Act 2013.
94.— Section 6 of the Irish Bank Resolution Corporation Act 2013 is amended by inserting the following subsection after subsection (6):
“(7)
(a) In this subsection ‘Act of 1879’ means the Bankers’ Books Evidence Act 1879.
(b) Where—
(i) a copy of an entry in a bankers’ book (within the meaning of section 9(2) of the Act of 1879) falls to be produced in evidence,
(ii) the book is in the custody or under the control of a special liquidator or IBRC, and
(iii) the special liquidator or an officer or employee of, or other person duly authorised in that behalf by, the special liquidator or an officer or employee of IBRC gives evidence (orally or by affidavit) that—
(I) he or she truly believes that the book or record was kept in the ordinary course of the bank’s business, and
(II) the book is in the custody or under the control of the special liquidator or IBRC,
then the requirement for proof in section 4 of the Act of 1879 shall be taken to have been satisfied.
(c) The Act of 1879 has effect in relation to the books and records of IBRC as if—
(i) references in that Act to bank or banker were to—
(I) a special liquidator, or
(II) IBRC,
(ii) references in that Act to bankers’ books were to the ordinary books and records of a special liquidator or IBRC, as the case may be, or the ordinary books and records of IBRC in the custody or under the control of a special liquidator, and
(iii) references in that Act to an officer of a bank were to a special liquidator or an officer or employee of, or other person duly authorised in that behalf by, a special liquidator or to an officer or employee of IBRC.”.
SCHEDULE 1 Repeals and Revocations
PART 1 Repeals
Section 4(1).
| Item (1) | Number and year (2) | Short title (3) | Extent of repeal (4) |
| 1 | No. 3 of 1989 | Insurance Act 1989 | Section 3(2C) |
| 2 | No. 16 of 1989 | Central Bank Act 1989 | Section 87(3) |
| 3 | No. 17 of 1989 | Building Societies Act 1989 | Section 119(5) |
| 4 | No. 21 of 1989 | Trustee Savings Banks Act 1989 | Section 66(2) |
| 5 | No. 37 of 1990 | Unit Trusts Act 1990 | Section 18(3) |
| 6 | No. 24 of 1994 | Investment Limited Partnerships Act 1994 | Section 41(3) |
| 7 | No. 11 of 1995 | Investment Intermediaries Act 1995 | Section 79(3) |
| 8 | No. 24 of 1995 | Consumer Credit Act 1995 | Section 14(3) |
| 9 | No. 8 of 1997 | Central Bank Act 1997 | Section 27K |
| 10 | No. 15 of 1997 | Credit Union Act 1997 | Section 171(5) |
| 11 | No. 37 of 1998 | Investor Compensation Act 1998 | Section 43(3) |
| 12 | No. 32 of 2001 | Dormant Accounts Act 2001 | Section 6(4) |
| 13 | No. 47 of 2001 | Asset Covered Securities Act 2001 | Section 97 |
| 14 | No. 2 of 2003 | Unclaimed Life Assurance Policies Act 2003 | Section 5(3) |
| 15 | No. 12 of 2005 | Investment Funds, Companies and Miscellaneous Provisions Act 2005 | Section 21(4) |
| 16 | No. 19 of 2007 | Consumer Protection Act 2007 | Section 76 |
| 17 | No. 23 of 2010 | Central Bank Reform Act 2010 | Part 5 |
PART 2 Revocations
Section 4(2).
| Item (1) | Number and year (2) | Citation (3) | Extent of revocation (4) |
| 1 | S.I. No. 727 of 2004 | European Communities (Financial Conglomerates) Regulations 2004 | Regulation 28(3) |
| 2 | S.I. No. 13 of 2005 | European Communities (Insurance Mediation) Regulations 2005 | Regulation 38(3) |
| 3 | S.I. No. 380 of 2006 | European Communities (Reinsurance) Regulations 2006 | Regulation 79(3) |
| 4 | S.I. No. 60 of 2007 | European Communities (Markets in Financial Instruments) Regulations 2007 | Regulations 164 and 190(2) |
| 5 | S.I. No. 383 of 2009 | European Communities (Payment Services) Regulations 2009 | Regulation 113(2) and (3) |
| 6 | S.I. No. 183 of 2011 | European Communities (Electronic Money) Regulations 2011 | Regulation 75(2) and (3) |
| 7 | S.I. No. 352 of 2011 | European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations 2011 | Regulation 132(10) and (11) |
SCHEDULE 2 Amendments of Central Bank Acts
PART 1 Amendments of Central Bank Act 1942
Section 5(1).
| Item | Provision affected | Amendment |
| (1) | (2) | (3) |
| 1 | Section 2 | (a) In subsection (1) substitute the following for the definition of “designated enactments”: “ ‘designated enactments’ means, subject to subsection (2A), the enactments specified in Part 1 of Schedule 2 and the statutory instruments made under any of those enactments;”. (b) Insert the following subsection: “(6) References in this Act to a regulated financial service provider shall, unless the context otherwise requires, be read as including a person who was a regulated financial service provider at the relevant time.”. |
| 2 | Section 18D(2) | In paragraph (a) after “Bank” insert “or with one or more persons with relevant knowledge of any of the matters specified in section 24(1) (or with both)”. |
| 3 | Section 24(2) | (a) In paragraph (c) substitute “Parliament,” for “Parliament, or”. (b) In paragraph (d) substitute “member,” for “member.” and insert the following after that paragraph: “(e) performs a pre-approval controlled function (within the meaning given by section 22 of the Central Bank Reform Act 2010) or has what in the opinion of the Minister constitutes a significant shareholding in a regulated financial service provider, (f) has been adjudged bankrupt (either in the State or elsewhere) or has entered into a composition with his or her creditors, or (g) has been convicted of an offence (either in the State or elsewhere) and sentenced to serve a term of imprisonment for the offence.”. |
| 4 | Section 32B(2) | In paragraph (a) substitute “2016” for “2011”. |
| 5 | Part IIIA | Before section 32L substitute the following for the Chapter heading: “Chapter 3A Accountability”. |
| 6 | Section 32L(3) | Delete “and” at the end of paragraph (a) and insert the following paragraph: “(aa) the Bank in relation to the exercise of its powers under Part 2 of the Central Bank (Supervision and Enforcement) Act 2013, and”. |
| 7 | Section 33AK(5) | Substitute “2010, or” for “2010.” in paragraph (ao) and insert the following after that paragraph: “(ap) for any purpose connected with the functions of the Bank, the Minister, the Governor or the Head of Financial Regulation or a special manager under the Central Bank and Credit Institutions (Resolution) Act 2011.”. |
| 8 | Section 33AN | In the definition of “contravene” substitute the following for paragraph (b): “(b) aiding, abetting, counselling or procuring a person to commit a contravention, and”. |
| 9 | Section 57BC | Insert the following after subsection (7): “(8) The Minister may from time to time advance to the Council, out of moneys provided by the Oireachtas, such sums as the Minister may determine for the purposes of the performance of the functions relating to superannuation conferred on the Council by this Act.”. |
| --- | --- | --- |
| 10 | Schedule 2, Part 1 | (a) Substitute the following for item 38: |
| “ | ||
| 38 | ||
| (b) Insert the following: | ||
| “ | ||
| No. 27 of 1992 | ||
| No. 2 of 2005 | ||
| No. 13 of 2009 | ||
| No. - of 2013 | ||
| Item | Provision affected | Amendment |
| (1) | (2) | (3) |
| 11 | Schedule 2, Part 2 | (a) Substitute the following for item 36: |
| “ | ||
| 36 | ||
| (b) Insert the following: | ||
| “ | ||
| S.I. No. 799 of 2007 | ||
| S.I. No. 247 of 2010 | ||
| S.I. No. 352 of 2011 | ||
| S.I. No. 340 of 2012 | ||
PART 2 Amendments of Central Bank Act 1971
Section 5(1).
| Item (1) | Provision affected (2) | Amendment (3) |
| 1 | Section 2(1) | (a) In paragraph (d) of the definition of “related body” substitute “Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “Part 5 of the Central Bank Reform Act 2010”. (b) Insert the following definition: “ ‘European Banking Committee’ means the committee established pursuant to Commission Decision 2004/10/EC 6;”. |
| 2 | Section 7 | In subsection (1) delete “on behalf of any other person”. |
| 3 | Section 10 | Insert “or authorisation under section 9A(2)” after “licence” in each place. |
| 4 | Section 12 | (a) In subsection (1) insert “and of the holders of authorisations under section 9A” after “licences”. (b) In subsection (2)— (i) insert “or authorisation under section 9A” after “licence”, and (ii) insert “European Banking Committee” after “European Commission”. (c) In subsection (3)— (i) insert “and of the holders of authorisations under section 9A” after “licences”, and (ii) insert the following after paragraph (d): “(dd) the European Banking Committee;”. |
| 5 | Section 17 | (a) Insert “or authorisation under section 9A” after “licence” in each place. (b) In subsection (1) insert “or holders of authorisations under section 9A” after “licence holders”. |
| 6 | Section 18 | Insert “or authorisation under section 9A” after “licence” in each place. |
| 7 | Section 19 | (a) In subsection (1)— (i) insert “or authorisation under section 9A” after “a licence”, and (ii) insert “or authorisation” after “the licence”. (b) In subsection (2) insert “or authorisations under section 9A” after “licences”. |
| 8 | Section 20 | Insert “or authorisation under section 9A” after “licence” in each place. |
| 9 | Section 21 | Insert “or authorisation under section 9A” after “licence” in each place. |
| 10 | Section 22 | Insert “or authorisation under section 9A” after “licence” in each place. |
| 11 | Section 25 | Insert “or authorisation under section 9A” after “licence” in each place. |
| 12 | Section 26 | (a) In subsections (1), (2), (3) and (6) insert “or authorisation under section 9A” after “licence” in each place. (b) In subsection (4) insert “or authorisations under section 9A” after “licences”. |
| 13 | Section 27(2) | In paragraph (a) insert “or authorisation under section 9A” after “licence”. |
| 14 | Section 28(1) | Insert “or authorisation under section 9A” after “licence”. |
| 15 | Section 31 | Insert “or authorisation under section 9A” after “licence” in each place. |
PART 3 Amendment of Central Bank Act 1997
Section 5(1).
| Item (1) | Provision affected (2) | Amendment (3) |
| 1 | Section 32A(5)(b) | Substitute “Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “Part 5 of the Central Bank Reform Act 2010”. |
PART 4 Amendments of Central Bank Reform Act 2010
Section 5(1).
| Item (1) | Provision affected (2) | Amendment (3) |
| 1 | Section 3 | Substitute the following for the definition of “authorised officer”: “ ‘authorised officer’ means an authorised officer appointed under Part 3 of the Central Bank (Supervision and Enforcement) Act 2013;”. |
| 2 | Section 23 | (a) Substitute the following for subsection (1): “(1) A regulated financial service provider shall not appoint a person to perform a pre-approval controlled function unless the Bank has approved in writing the appointment of the person to perform the function.”. (b) In subsection (6)(b) substitute “(a) to (h)” for “(a) to (g)”. |
| 3 | Section 25(3) | Insert the following after paragraph (c): “(ca) the person, being a person who has been appointed to perform a pre-approval controlled function, has failed to make a disclosure to the Bank under section 38(2) of the Central Bank (Supervision and Enforcement) Act 2013 or has made such a disclosure knowing it to be false or misleading in a material respect,”. |
| 4 | Section 43(2) | Insert the following after paragraph (c): “(ca) the person, being a person who has been appointed to perform a pre-approval controlled function, has failed to make a disclosure to the Bank under section 38(2) of the Central Bank (Supervision and Enforcement) Act 2013 or has made such a disclosure knowing it to be false or misleading in a material respect,”. |
| 5 | Section 52 | (a) Insert the following after subsection (2): “(2A) The Bank may at its discretion appoint a suitably qualified person (including a person who is not an officer or employee of the Bank) to perform a function (or any part of a function) of the Bank under this Part, other than any function of making regulations or issuing codes, if the Bank considers it necessary or appropriate to do so to ensure that the functions of the Bank under this Part are performed efficiently and effectively.”. (b) In subsection (3)— (i) substitute “, (2) and (2A)” for “and (2)”, (ii) substitute “any” for “either”, and (iii) substitute “, the Head of Financial Regulation or the Bank” for “or the Head of Financial Regulation”. |
| 6 | Section 54 (inserted by the Credit Union and Co-operation with Overseas Regulators Act 2012) | Substitute the following section: “Co-operation with Member State authorities or third country authorities. 54.— (1) In this section ‘Member State authority or third country authority’ means an authority in a jurisdiction other than that of the State duly authorised to perform functions similar to any one or more of the statutory functions of the Bank. (2) At the request of a Member State authority or a third country authority to do so in relation to any matter, the Bank may— (a) require information on the matter about which the Bank has required or could require the provision of information or the production of documents under any provision of financial services legislation, or (b) authorise one or more than one authorised officer to exercise any of his or her powers for the purposes of investigating the matter. (3) In deciding whether or not to exercise any of its powers under subsection (2), the Bank may take into account in particular: (a) whether in the country or territory of the Member State authority or third country authority, corresponding assistance would be given to an authority duly authorised in the State to perform functions corresponding to functions exercised by the Member State authority or third country authority; |
| (b) whether the case concerns the breach of a law, or other requirement, which has no close parallel in the State or involves the assertion of a jurisdiction not recognised by the State; (c) the seriousness of the case and its importance to persons in the State; (d) whether it is otherwise appropriate in the public interest to give the assistance sought. (4) The Bank may decide that it will not exercise any of its powers under subsection (2) unless the Member State authority or third country authority undertakes to make such contribution towards the cost of such exercise as the Bank considers appropriate. (5) Subsections (3) and (4) do not apply if the Bank considers that the exercise of its power is necessary to comply with any obligation created or arising by or under the Treaties governing the European Union. (6) If the Bank authorises an authorised officer for the purposes of subsection (2)(b), the Bank may direct the authorised officer to permit a representative of the Member State authority or third country authority to attend, and take part in, any interview conducted for the purposes of the investigation of the matter concerned. (7) A direction under subsection (6) is not to be given unless the Bank is satisfied that any information obtained by a Member State authority or third country authority as a result of the interview will be subject to obligations of non-disclosure of information similar to those imposed on the Bank in section 33AK of the Act of 1942. (8) A person shall not be required for the purposes of the exercise of any power under this section to answer any question tending to incriminate the person.”. |
PART 5 Amendments of Central Bank and Credit Institutions (Resolution) Act 2011
Section 5(1).
| Item (1) | Provision affected (2) | Amendment (3) |
| 1 | Section 14 | Substitute the following for subsection (4): “(4) Summary proceedings for an offence under this section may be brought and prosecuted by the Bank.”. |
| 2 | Section 18(2) | Substitute “supervisory directives” for “supervisory enactments”. |
SCHEDULE 3 Amendments of Certain other Acts
PART 1 Amendments of Investment Intermediaries Act 1995
Section 5(2).
| Item (1) | Provision affected (2) | Amendment (3) |
| 1 | Section 2(1) | In the definition of “authorised officer” substitute “Part 3 of the Central Bank (Supervision and Enforcement Act 2013)” for “Part 5 of the Central Bank Reform Act 2010”. |
| 2 | Section 20(6) | Substitute “Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “Part 5 of the Central Bank Reform Act 2010”. |
PART 2 Amendments of Credit Union Act 1997
Section 5(2).
| Item (1) | Provision affected (2) | Amendment (3) |
| 1 | Section 90 | In subsections (1) and (3) substitute “Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “Part 5 of the Central Bank Reform Act 2010”. |
| 2 | Section 91 | Substitute the following for subsection (1): “(1) If required to do so by notice in writing served by the Bank at any time— (a) a credit union, (b) any person who is or has been an officer, member, voluntary assistant, agent or liquidator of a credit union, and (c) any other person who has in his or her possession or power any books or documents relating to a credit union, shall furnish to the Bank such books or documents which relate to the credit union and are in the possession or power of the credit union or such person and such information relating to the business of the credit union as may be specified in the notice and as may be reasonably required by the Bank in the exercise of its powers under this Act.”. |
| 3 | Section 93(1) | Substitute the following for paragraph (b): “(b) ‘agent’ has the same meaning as in section 21 of the Central Bank (Supervision and Enforcement) Act 2013.”. |
| 4 | Section 95 | In subsection (1) substitute “, after the exercise by an authorised officer of any of his or her powers under Part 3 of the Central Bank (Supervision and Enforcement) Act 2013,” for “, after an inspection under section 90,”. |
| 5 | Section 95A (inserted by the Credit Union and Co-operation with Overseas Regulators Act 2012) | In subsection (1) substitute “after the exercise by an authorised officer of any of his or her powers under Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “after an inspection under section 90”. |
| 6 | Section 96(1) | Substitute “after the exercise by an authorised officer of any of his or her powers under Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “after an inspection under section 90”. |
| 7 | Section 186(3) | Insert “or Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” after “this Act”. |
PART 3 Amendments of Investor Compensation Act 1998
Section 5(2).
| Item (1) | Provision affected (2) | Amendment (3) |
| 1 | Section 9 | (a) Substitute the following for subsection (1): “(1) In this section “Act of 2013” means the Central Bank (Supervision and Enforcement) Act 2013.”. (b) Substitute “Part 3 of the Act of 2013” for “Part 5 of the Act of 2010” in each place. |
| 2 | Section 33(2) | Substitute “Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “Part 5 of the Central Bank Reform Act 2010”. |
PART 4 Amendment of Financial Services (Deposit Guarantee Scheme) Act 2009
Section 5(2).
| Item (1) | Provision affected (2) | Amendment (3) |
| 1 | Section 9 | Substitute the following for subsection (3): “(3) Summary proceedings for an offence under this Act may be brought and prosecuted by the Bank.”. |
SCHEDULE 4 Amendments of Certain Statutory Instruments
PART 1 Amendments of European Communities (Markets in Financial Instruments) Regulations 2007
Section 5(3).
| Item (1) | Provision affected (2) | Amendment (3) |
| 1 | Regulation 3(1) | In the definition of “authorised officer” substitute “Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “Part 5 of the Central Bank Reform Act 2010”. |
| 2 | Regulation 6(7) | Substitute “Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “Part 5 of the Central Bank Reform Act 2010”. |
| 3 | Regulation 14(1)(b) | Substitute “Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “Part 5 of the Central Bank Reform Act 2010”. |
| 4 | Regulation 147(1)(g)(ii) | Substitute “Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “Part 5 of the Central Bank Reform Act 2010”. |
PART 2 Amendments of European Communities (Insurance and Reinsurance Groups Supplementary Supervision) Regulations 2007
Section 5(3).
| Item (1) | Provision affected (2) | Amendment (3) |
| 1 | Regulation 3(1) | In the definition of “authorised officer” substitute “Part 3 of the Central Bank (Supervision and Enforcement) Bill 2013” for “Part 5 of the Central Bank Reform Act 2010”. |
| 2 | Regulation 9(7) | Substitute “under Part 3 of the Central Bank (Supervision and Enforcement) Act 2013” for “under Part 5 of the Central Bank Reform Act 2010”. |
PART 3 Amendments of European Communities (Information on the Payer Accompanying Transfers of Funds) Regulations 2007
Section 5(3).
| Item (1) | Provision affected (2) | Amendment (3) |
| 1 | Regulation 1 | Insert the following definition: “ ‘authorised officer’ means an authorised officer appointed under Part 3 of the Central Bank (Supervision and Enforcement) Act 2013;”. |
| 2 | Regulation 4 | Substitute the following for Regulation 4: “4. For the purpose of ensuring compliance with the Parliament and Council Regulation, an authorised officer may exercise any of the powers conferred on him or her under Part 3 of the Central Bank (Supervision and Enforcement) Act 2013.”. |
PART 4 Amendment of European Communities (Reorganisation and Winding-up of Credit Institutions) Regulations 2011
Section 5(3)
| Item (1) | Provision affected (2) | Amendment (3) |
| 1 | Regulation 2(2) | Insert the following subparagraph after subparagraph (x): “(xi) a direction given by the Bank under Part 7 of the Central Bank (Supervision and Enforcement) Act 2013 that contains a declaration that it or part of it is made with the intention of preserving or restoring the financial position of a credit institution, where the direction is capable of affecting the rights of third parties existing before the direction comes into effect.”. |
SCHEDULE 5 Redress for Contravention of section 41 (1)
F30[Decision under section 41 of Workplace Relations Act 2015
A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 41(1) of this Act shall do one or more of the following, namely—
- (a) declare that the complaint was or, as the case may be, was not well founded,
- (b) require the employer to take a specified course of action, which may include, in a case where the penalisation constitutes a dismissal within the meaning of section 37(3), reinstatement or reengagement, or
- (c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all the circumstances, but not exceeding 2 years’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.
Decision of Labour Court on appeal from decision referred to in paragraph 1
A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in paragraph 1, shall affirm, vary or set aside the decision of the adjudication officer.]
Paragraphs 1 and 2: supplemental provisions.
F31[…]
Enforcement of determinations of Labour Court.
F31[…]
Provisions relating to winding-up and bankruptcy.
F31[…]
Amendment of Protection of Employees (Employers’ Insolvency) Act 1984.
F31[…]
Footnotes
OJ L193, 18.7.1983, p.1
OJ No. L125, 5.5.2001, p.15
OJ No. L124, 20.5.2003, p.36
OJ No. L228, 16.8.1973, p.3
OJ No. L15, 20.1.2009, p.1
OJ No. L3, 7.1.2004, p.36
This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.
This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence.
Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.