Finance (Provision of Access to Cash Infrastructure) Act 2025

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Finance (Provision of Access to Cash Infrastructure) Act 2025.

(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Interpretation

2. In this Act—

“access to cash criteria” has the meaning given to it by section 5;

“Act of 1942” means the Central Bank Act 1942;

“Act of 2004” means the Private Security Services Act 2004;

“ATM” means an automated teller machine;

“ATM deployer” means a person who—

(a) provides cash withdrawal services from one or more than one ATM that is operated by the person and by whom, or on whose behalf, the ATM or ATMs are stocked with banknotes,

(b) does not hold payment accounts, and

(c) does not provide a payment service referred to in paragraph 1, 3, 4, 5, 6, 7 or 8 of the Schedule to the Regulations of 2018;

“ATM operator” means—

(a) an ATM deployer, or

(b) a payment services provider referred to in subparagraph (a), (b), (c), (f), (g), (h), (i) or (k) of Regulation 6(1) of the Regulations of 2018 which owns and operates one or more than one ATM;

“automated teller machine” means an electromechanical device that allows for the withdrawal of banknotes from an account;

“Bank” means the Central Bank of Ireland;

“cash” means banknotes and coins;

“cash demand” means the total value of cash withdrawal transactions, as published by the Bank under section 6 or as provided to the Bank under section 12, from either or both of the following:

(a) ATMs;

(b) cash service points;

“cash infrastructure” means ATMs and cash service points;

“cash-in-transit provider” means the holder of a licence issued by the Private Security Authority, pursuant to regulations made under section 51 of the Act of 2004, to provide a security service and references in this Act to “CIT provider” shall be construed accordingly;

“cash service” means any service by which cash may be deposited and withdrawn by individuals and SMEs, to or from an account, and in-person assistance is available in connection with that service;

“cash service point” means a location at which cash services are provided by or on behalf of a designated entity;

“consumer” means an individual who is acting for purposes unrelated to the individual’s trade, business or profession;

“credit institution” means any of the following that provides, or offers to provide, current accounts in the State:

(a) the holder of a licence under section 9 of the Central Bank Act 1971;

(b) the holder of an authorisation under section 9A of the Central Bank Act 1971;

(c) a credit institution authorised and supervised by the competent authority of another Member State that carries on business in the State, by way of the establishment of a branch in the State, in accordance with the European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014);

(d) a credit union registered as such under the Credit Union Act 1997;

“current account” means an account held with a credit institution by means of which one or more than one named person may—

(a) deposit or receive funds,

(b) withdraw or transfer funds, and

(c) execute and receive payment transactions to and from third parties, including the execution of credit transfers;

“designated entity” shall be construed in accordance with section 10;

“financial inclusion” means having affordable, timely and adequate access to a range of regulated financial products and services by all segments of society;

“funds” has the same meaning as it has in Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015[^1] on payment services in the internal market;

“guidelines” has the meaning given to it by section 8;

“household deposits” means the figure contained in the most recent data available in the statistics in relation to the State published monthly by the Bank in accordance with Regulation (EU) 2021/379 of the European Central Bank of 22 January 2021[^2] on the balance sheet items of credit institutions and of the monetary financial institutions sector;

“local deficiency” has the meaning given to it by section 7;

“Minister” means the Minister for Finance;

“normal hours of operation of ATMs” has the meaning given to it by section 31(1)(d)(i);

“NUTS 3 region” means a geographical area in the State that is classified as NUTS level 3 in accordance with Regulation (EC) No. 1059/2003 of the European Parliament and of the Council of 26 May 2003[^3] on the establishment of a common classification of territorial units for statistics (NUTS), as amended from time to time;

“payment account” has the same meaning as in the Regulations of 2018;

“payment services provider” has the same meaning as in the Regulations of 2018;

“prescribed requirement” shall be construed in accordance with section 31(1);

“quarter” means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December in any year;

“Regulations of 2018” means the European Union (Payment Services) Regulations 2018 (S.I. No. 6 of 2018);

“security service” means a security service referred to in paragraph (f) of the definition of that term in section 2(1) of the Act of 2004 with respect to the provision of protected forms of transport of banknotes or coins, or both, as the case may be;

“SME” means a micro, small or medium-sized enterprise which employs fewer than 250 persons and which has either or both of the following:

(a) an annual turnover not exceeding €50 million;

(b) an annual balance sheet total not exceeding €43 million.

3. Expenses

3. (1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas.

(2) The Bank shall not provide any funds from its own resources, other than from—

(a) those resources arising to it from—

(i) any levies prescribed under section 40,

(ii) any fees prescribed under section 41, or

(iii) any levies prescribed by the Central Bank Commission under section 32D of the Act of 1942,

as the case may be, in respect of the performance of its functions under this Act, and

(b) those resources provided to it under subsection (3), to defray expenses of the Bank incurred by it in the performance of its functions under this Act.

(3) The Minister shall, at the request in writing of the Bank, advance to the Bank such sums as the Minister thinks proper to enable the Bank to defray such of the expenses of the Bank, arising in the year concerned, associated with the performance of its functions under this Act where, in any year, the Bank reasonably believes that it will be unable to defray those expenses by way of any levies or fees referred to in subsection (2)(a).

(4) All moneys from time to time required by the Minister to meet sums which may become payable by the Minister under this section shall be advanced out of the Central Fund or the growing produce thereof.

4. Regulations and orders made by Minister

4. (1) Every regulation or order made by the Minister under this Act may—

(a) make different provision for different circumstances or cases, classes or types, and

(b) contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulation or order.

(2) Every regulation or order (other than an order under section 1(2)) made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order, as the case may be, is passed by either such House within the next 21 days on which that House sits after the regulation or order is laid before it, the regulation or order concerned shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

PART 2 Access to Cash

5. Access to cash criteria

5. (1) The Minister, with the approval of the Government, following consultation with the Bank and having regard to—

(a) the need to ensure the continued provision of sufficient and effective access to cash infrastructure for individuals and SMEs, and

(b) in the case of the order first made under subparagraph (i) after the commencement of this section, the level of access to cash infrastructure available to individuals and SMEs as it stood on 31 December 2022, adjusted to take account of any changes to the level of such access that arose, before the making of that order, as a consequence of the exit from the market in the State by Ulster Bank Ireland DAC and KBC Bank Ireland plc,

in respect of each NUTS 3 region—

(i) shall, by order, specify—

(I) the minimum percentage of the population of the region concerned that ought to be within a radius, specified in the order, of not less than 5 kilometres and not more than 10 kilometres of an ATM,

(II) the minimum number of ATMs that ought to be available per 100,000 people in the region concerned, and

(III) the minimum percentage of the population of the region concerned that ought to be within a radius, specified in the order, of not less than 5 kilometres and not more than 10 kilometres of a cash service point,

and

(ii) subject to subsection (2), may, by order, specify the minimum number of ATMs that ought to be available, per 100,000 people in the region concerned, outside the normal hours of operation of ATMs,

(in this Act referred to as the “access to cash criteria”).

(2) Without prejudice to subsection (1), before making an order under subsection (1)(ii), the Minister shall consult with the Bank regarding—

(a) the level of cash demand, in the NUTS 3 region concerned, outside the normal hours of operation of ATMs,

(b) the need to address any deficiency, in the NUTS 3 region concerned, in the number of ATMs available outside the normal hours of operation of ATMs,

(c) in the case of the order first made under subsection (1)(ii) after the commencement of this section, the number of ATMs available, in the NUTS 3 region concerned, outside the normal hours of operation of ATMs, on 31 December 2022, adjusted to take account of any changes to the number of such ATMs available that arose, before the making of the order, as a consequence of the exit from the market in the State by Ulster Bank Ireland DAC and KBC Bank Ireland plc, and

(d) such other matters as the Minister considers necessary and appropriate for the purposes of making the order.

(3) The Bank—

(a) shall, not later than 9 months after the occurrence of any of the following:

(i) publication of the final result of every census of population of the State;

(ii) where the Minister so requests in writing;

(iii) a reduction in cash demand of more than 15 per cent in a calendar year compared to the immediately preceding calendar year,

and

(b) may, at any time, on its own initiative,

subject to subsections (4) and (5), conduct a review of the access to cash criteria in respect of one or more than one NUTS 3 region and prepare and submit to the Minister a report of the findings of such a review and the conclusions drawn from those findings, including, as the Bank considers appropriate, recommendations for amendment of any or all of the access to cash criteria in respect of the region or regions concerned.

(4) When preparing a report under subsection (3), the Bank shall have regard to—

(a) the level of cash demand and any changes thereto,

(b) population changes,

(c) financial inclusion,

(d) operating costs related to cash infrastructure, and

(e) such other matters relating to the need to ensure the continued provision of sufficient and effective access to cash infrastructure for individuals and SMEs as the Bank considers appropriate for the purposes of the report.

(5) For the purposes of preparing a report under subsection (3), the Bank shall consult with—

(a) the designated entities,

(b) one or more than one body representing the interests of consumers,

(c) one or more than one body representing the interests of persons with disabilities,

(d) one or more than one body representing the interests of elderly persons,

(e) one or more than one body representing the interests of SMEs, in particular in the retail and hospitality sectors, and

(f) such other persons as it considers appropriate for those purposes.

(6) Where a report is submitted to the Minister under subsection (3), the Minister shall assess the findings, conclusions and any recommendations set out in the report and, having regard to the need to ensure the continued provision of sufficient and effective access to cash infrastructure for individuals and SMEs, following consultation with the Bank and such other persons as the Minister considers appropriate, may, with the approval of the Government, amend an order made under subsection (1)(i) or (ii), as the case may be.

6. Bank to collect and publish information relating to cash infrastructure

6. (1) The Minister may, for the purposes of the performance of the Minister’s functions under this Act, by request in writing, require the Bank to collect and publish information relating to cash infrastructure, in respect of one or more than one NUTS 3 region, as specified in the request, including:

(a) the total number and the total value of cash withdrawal transactions from—

(i) ATMs, and

(ii) cash service points,

(b) the average number of hours of unavailability of such class of ATM, as specified in the request, by reference to the reasons for such unavailability, including, but not necessarily limited to, technical and cash restocking issues,

(c) the total of each banknote denomination withdrawn from ATMs, and

(d) such other statistical information in relation to cash infrastructure as may be specified in the request.

(2) The Bank shall comply with a request under subsection (1).

(3) A request under subsection (1) shall specify—

(a) the information required to be collected and published, and

(b) the form and manner in which the information shall be published.

(4) A request under subsection (1) may be for the collection and publication of information—

(a) on a once-off basis, or

(b) on an ongoing basis at such intervals as may be specified in the request.

(5) The Bank shall not be required to publish any personal data, or data which may be prohibited from disclosure under section 33AK of the Act of 1942.

(6) In this subsection—

“personal data” has the meaning it has in the Data Protection Regulation;

“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016[^4] on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

7. Local deficiencies

7. (1) The Bank may, subject to subsection (3), on its own initiative or having assessed any notification made to it under subsection (2), make a determination that, in any part of a NUTS 3 region—

(a) there is a deficiency which limits access to cash infrastructure for individuals or SMEs, or

(b) there is reasonably likely to be a deficiency which limits access to cash infrastructure for individuals or SMEs,

whether or not the access to cash criteria for the NUTS 3 region concerned are complied with (in this Act referred to as a “local deficiency”).

(2) A person may notify the Bank, in writing, where the person is of the opinion that, in any place specified in the notification—

(a) there is a deficiency which limits access to cash infrastructure for individuals or SMEs, or

(b) there is reasonably likely to be a deficiency which limits access to cash infrastructure for individuals or SMEs.

(3) For the purposes of making a determination under subsection (1), the Bank shall, in accordance with the guidelines—

(a) assess any notification made to it under subsection (2), and

(b) have regard to any or all of the matters referred to in subsection (5) as it considers may be appropriate in the circumstances.

(4) Where the Bank makes a determination under subsection (1)(a), the Bank shall make a determination, in accordance with the guidelines, having regard to any or all of the matters referred to in subsection (5) as it considers may be appropriate in the circumstances, as to whether it is appropriate and proportionate that the local deficiency concerned be remedied.

(5) The matters referred to in subsections (3)(b) and (4) shall include the following:

(a) the number of people impacted or likely to be impacted by the local deficiency concerned;

(b) the number of ATMs, the number of cash service points and the cash demand, in the part of the NUTS 3 region concerned, prior to the local deficiency arising;

(c) the current number of ATMs, the current number of cash service points and the current cash demand, in the part of the NUTS 3 region concerned (“the first mentioned part”) and in any other part of the NUTS 3 region concerned or of any other NUTS 3 region, adjacent to the first-mentioned part;

(d) the hours of availability of cash infrastructure in the part of the NUTS 3 region concerned (“the first-mentioned part”) and in any other part of the NUTS 3 region concerned or of any other NUTS 3 region, adjacent to the first-mentioned part;

(e) travel and geographic factors;

(f) demographic factors applicable to the persons impacted by the local deficiency;

(g) the impact of the local deficiency on financial inclusion;

(h) the likely cost of taking any measures to remedy the local deficiency;

(i) such other matters as the Bank considers appropriate for the purposes of making a determination under subsection (1) or (4), as the case may be.

(6) The Bank shall specify on a website maintained by it or on its behalf the form and manner in which a notification shall be made to it under subsection (2) and, subject to the guidelines, the information that shall accompany the notification.

8. Guidelines