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Financial Services and Pensions Ombudsman Act 2017

Type Act
Publication 2017-07-26
Last updated 2026-03-06
State Partially repealed
Text Latest available text
Source Irish Statute Book
PDF Download
articles 77

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.

19 amending acts · 2026-03-06, revised-IE-2017-act-22@2026-03-06

Act to provide for the establishment of the Office of the Financial Services and Pensions Ombudsman and to confer functions on it; to provide for the appointment of persons to be the Ombudsman and Deputy Ombudsman; to provide for a complaints procedure; to provide for appeals in relation to decisions of the Ombudsman; to provide for the dissolution of the Financial Services Ombudsman Council, the Financial Services Ombudsman's Bureau and the office of the Pensions Ombudsman; to provide for the establishment of the Financial Services and Pensions Ombudsman Council; to repeal certain provisions of the Central Bank Act 1942 and the Pensions Act 1990 and to amend the Freedom of Information Act 2014; and to provide for related matters

Reform history JSON API
Reference (1) Number and Year (2) Short title (3) Extent of revocation (4)
1. S.I. No. 119 of 2003 Pensions (Amendment) Act, 2002 (Section 5, in so far as that section inserts sections 126 to 130, 146 and 147 of Part XI into the Pensions Act 1990) (Commencement) Order 2003 The whole instrument
2. S.I. No. 397 of 2003 Pensions Ombudsman Regulations 2003 The whole instrument
3. S.I. No. 398 of 2003 Pensions (Amendment) Act 2002 (Section 5 (Except in so far as that section is already in operation) and sections 8 and 58) (Commencement) Order 2003 The whole instrument
4. S.I. No. 399 of 2003 Social Welfare (Miscellaneous Provisions) Act 2003 (Section 23) (Commencement) Order 2003 The whole instrument
5. S.I. No. 190 of 2005 Central Bank Act 1942 (Financial Services Ombudsman Council) Regulations 2005 The whole instrument
6. S.I. No. 191 of 2005 Central Bank Act 1942 (Financial Services Ombudsman) Regulations 2005 The whole instrument
7. S.I. No. 329 of 2005 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2005 The whole instrument
8. S.I. No. 330 of 2005 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations (No. 2) 2005 The whole instrument
9. S.I. No. 828 of 2005 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations (No. 3) 2005 The whole instrument
10. S.I. No. 302 of 2006 Pensions Ombudsman Regulations 2006 The whole instrument
11. S.I. No. 182 of 2007 Trust RACs (Disclosure of Information) Regulations 2007 Paragraph 16 of Schedule B
12. S.I. No. 183 of 2007 Pensions Ombudsman Regulations 2007 The whole instrument
13. S.I. No. 726 of 2007 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2007 The whole instrument
14. S.I. No. 576 of 2008 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2008 The whole instrument
15. S.I. No. 500 of 2009 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2009 The whole instrument
16. S.I. No. 446 of 2010 Circuit Court Rules (Pensions Ombudsman) 2010 The whole instrument
17. S.I. No. 576 of 2010 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2010 The whole instrument
18. S.I. No. 674 of 2011 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2011 The whole instrument
19. S.I. No. 506 of 2012 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2012 The whole instrument
20. S.I. No. 477 of 2013 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2013 The whole instrument
21. S.I. No. 97 of 2014 Central Bank Act 1942 (Financial Services Ombudsman Council) Complaint Information Regulations 2014 The whole instrument
22. S.I. No. 137 of 2014 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees (Amendment) Regulations 2014 The whole instrument
23. S.I. No. 164 of 2014 Central Bank Act 1942 (Financial Services Ombudsman Council) (Amendment) Regulations 2014 The whole instrument
24. S.I. No. 42 of 2015 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2015 The whole instrument
25. S.I. No. 592 of 2015 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2016 The whole instrument
26. S.I. No. 54 of 2017 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2017 The whole instrument

SCHEDULE 2 Financial Services and Pensions Ombudsman Council

Section 37

1.

The Ombudsman shall, at the request of the chairperson of the Council, designate a member of the staff of the Ombudsman to be secretary to the Council.

2.

There may be paid to a member of the Council such fees and allowances for expenses (if any) as may be determined by the Minister in consultation with the Minister for Public Expenditure and Reform.

3.

A person ceases to be a member of the Council if the person—

  • (a) dies,
  • (b) completes a term of office and is not reappointed,
  • (c) resigns the office by notice in writing to the Minister in accordance with paragraph 11,
  • (d) has, without the permission of the other members, been absent from meetings of the Council for a consecutive period of 6 months,
  • (e) is, with the person’s consent, nominated as a candidate for election as a member of either House of the Oireachtas,
  • (f) is, with the person’s consent, nominated as a candidate for election as a member of the European Parliament or to fill a vacancy in the membership of that Parliament,
  • (g) is, with the person’s consent, nominated as a candidate for election as a member of a local authority,
  • (h) is adjudged bankrupt (either in the State or elsewhere) or enters into a composition with the person’s creditors,
  • (i) becomes physically or mentally incapable of performing the duties of a member,
  • (j) is convicted of an offence (either in the State or elsewhere) and sentenced to serve a term of imprisonment for the offence, or
  • (k) is removed from office by the Minister—
  • (i) for proven misconduct or incompetence, or
  • (ii) in order to enable the Council to function effectively.
4.

If the office of a member becomes vacant, the Minister shall arrange for a suitably qualified person to be appointed to fill the vacancy in accordance with this Schedule as soon as possible after the date on which the vacancy occurred.

5.

The Council may act notwithstanding one or more vacancies among its members.

6.

At a meeting of the Council—

  • (a) the chairperson of the Council shall, if present, be the chairperson of the meeting, or
  • (b) if and so long as the chairperson of the Council is not present or if that office is vacant, the other members of the Council who are present shall choose one of their number to be chairperson of the meeting.
7.

Every question at a meeting of the Council shall be determined by a majority of the votes of the members of the Council present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

8.

The quorum for a meeting of the Council shall, unless the Minister otherwise directs, be 4.

9.

The Council may, if it thinks fit, transact any of its business by the circulation of papers, electronically or otherwise, among all its members for the time being and in such cases a resolution approved in writing by a majority of those members shall be taken to be a decision of the Council.

10.

The Council may hold or continue a meeting by the use of any means of communication by which all the participants can hear and be heard at the same time and such a meeting shall be referred to as an “electronic meeting”.

11.

A member who participates in an electronic meeting is taken for all purposes to be present at the meeting.

12.

A member of the Council may resign at any time his or her membership by a letter addressed to the Minister and the resignation shall take effect from the date specified in the letter (if any) or upon receipt by the Minister, whichever is the later.

13.

Subject to this Schedule, the Council shall regulate its procedure by rules or otherwise.

Footnotes

1

OJ No. L 253, 23.09.2003, p. 10

53

OJ No. L 119, 4.5.2016, p.1

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