S.I. No. 307/2026 - European Union (Money Laundering and Terrorist Financing) (Administrative Sanctions) Regulations 2026

Type Statutory Instrument
Publication 2026-07-03
State In force
Text As published
articles 5

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

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“Chapter 11

ADMINISTRATIVE SANCTIONS

Interpretation (Chapter 11)

109G. (1) In this Chapter –

‘Act of 2015’ means the Legal Services Regulation Act 2015 (No. 65 of 2015);

‘adjudication’ means the process undertaken under this Chapter to decide –

  • (a) whether there has been a breach of a relevant obligation by a relevant provider, and

  • (b) where there has been a breach, whether to impose an administrative sanction on the relevant provider concerned in respect of that breach;

‘adjudication officer’ has, subject to section 109R(2), the meaning assigned to it by section 109I(1);

‘administrative sanction’ means one or both of the following:

  • (a) a financial penalty;

  • (b) a daily penalty payment;

‘appropriate court’ means –

  • (a) where no financial penalty or daily penalty payment is imposed under section 109U(12) or where the amount of a penalty imposed does not exceed €75,000 or such other sum as stands specified in law as that court’s jurisdiction in tort, the Circuit Court, or

  • (b) in any other case, the High Court;

‘Authority’ means the Authority for Anti-Money Laundering and Countering the Financing of Terrorism established under Regulation (EU) 2024/1620 of the European Parliament and of the Council of 31 May 20242 establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism and amending Regulations (EU) No 1093/2010, (EU) No 1094/2010 and (EU) No 1095/2010;

‘Chapter 11 investigation’ has the meaning assigned to it by section 109O(1);

‘chief adjudication officer’ means the adjudication officer appointed by the Minister under section 109I(3) to be the chief adjudication officer;

‘commitment agreement’ has the meaning assigned to it by section 109N(1);

‘daily penalty payment’ has the meaning assigned to it by section 109ZA(1);

‘decision as to breach’ has the meaning assigned to it by section 109U(4);

‘director’, in relation to a body corporate, includes –

  • (a) a person occupying the position of director, by whatever name called,

  • (b) a person who effectively directs or has a material influence over the business of the body corporate,

  • (c) a person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act, unless the directors are accustomed so to act by reason only that they do so on advice given by the person in a professional capacity, and

  • (d) where the affairs of the body corporate are managed by its members, any of the members who perform or exercise the functions of such management;

‘investigation report’ has the meaning assigned to it by section 109P(5);

‘practising barrister’ has the meaning it has in the Act of 2015;

‘practising solicitor’ has the meaning it has in the Act of 2015;

‘relevant authorised officer’ means an authorised officer appointed by the Minister under section 72 as applied by section 109H;

‘relevant obligation’ means an obligation imposed on a relevant provider –

  • (a) under any of the provisions of Chapter 1A, 3, 4 or 6 of this Part,

  • (b) under a direction under section 67, 68, 71 or 98,

  • (c) to comply with any condition of an authorisation (within the meaning of Chapter 9 of this Part), or

  • (d) under section 95 or 106;

‘relevant officer’ means –

  • (a) in relation to a body corporate –

    • (i) a person who exercises control (within the meaning of section 11 or 432 of the Taxes Consolidation Act 1997 ) in relation to the body,

    • (ii) a director, manager, secretary or other officer of the body,

    • (iii) a member of the board (including the chairperson) of the body,

    • (iv) the chief executive officer, managing director or any other person acting in such capacity (by whatever named called) of the body,

    • (v) a person who purports to act in a capacity referred to in subparagraph (ii), (iii) or (iv),

    and

  • (b) in relation to a body corporate not established in the State, a person who –

    • (i) holds an office or position equivalent to any office or position referred to in subparagraphs (ii) to (iv) of paragraph (a), or

    • (ii) purports to act in a capacity of a person who holds such an office or position;

    ‘relevant provider’ means a trust or company service provider within the meaning of Chapter 9 of this Part.

    Application of Chapter, extension of powers under Chapter 8 of this Part for purposes of Chapter

    109H. (1) This Chapter shall apply –

  • (a) to relevant providers in respect of whom the Minister is the competent authority, and

  • (b) in respect of acts or omissions that occurred or are alleged to have occurred after the coming into operation of Regulation 5 of the European Union (Money Laundering and Terrorist Financing) (Administrative Sanctions) Regulations 2026.

  • (2) The functions of a State competent authority, in relation to designated

persons, under Chapter 8 of this Part, may be performed by the Minister to assist in carrying out functions in relation to relevant providers in respect of which the Chapter applies.

  • (3) For the purposes referred to in subsection (2), sections 66 to 83 apply with any necessary modifications, including the following:

    • (a) a relevant authorised officer has, in respect of relevant providers, all of the functions that an authorised officer appointed by a State competent authority under section 72 has in respect of designated persons;

    • (b) a judge of the District Court, in the case of an application under section 78 by a relevant authorised officer in respect of a relevant provider, has all of the functions that such a judge has, in the case of a similar application under that section by an authorised officer appointed by a State competent authority under section 72, in respect of a designated person;

    • (c) section 79 applies so as to enable a relevant authorised officer to be accompanied and assisted in the exercise of the officer’s powers as referred to in that section;

    • (d) section 80 applies to a person who engages in conduct, referred to in that section, in relation to –

      • (i) a relevant authorised officer, and

      • (ii) any person accompanying and assisting the officer in accordance with section 79 as applied by paragraph (c).

      Appointment, independence of adjudication officers

      109I. (1) The Minister shall appoint such and so many persons (in this Chapter referred to as an “adjudication officer”) as he or she considers necessary to perform the functions of an adjudication officer under this Act.

  • (2) The Minister shall not appoint a person to be an adjudication officer unless the person is, on the date of his or her appointment, a practising barrister or practising solicitor of not less than 10 years standing.

  • (3) The Minister shall appoint an adjudication officer to be the chief adjudication officer.

  • (4) An adjudication officer shall be independent in the performance of his or her functions.

  • (5) Subject to this Chapter, an adjudication officer shall –

    • (a) be appointed under this section upon such terms and conditions (including as to appointment, remuneration, reappointment and revocation of appointment) as may be determined by the Minister, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, and

    • (b) be paid, out of moneys provided by the Oireachtas for such purpose, such remuneration and allowances for expenses, as are specified by the Minister, with the consent of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation.

    Resignation, removal, disqualification, ineligibility for office of adjudication officer

    109J. (1) An adjudication officer may at any time resign from office by giving notice in writing to the Minister of his or her resignation and the resignation shall take effect on such date as may be specified in the notice.

  • (2) The Minister may at any time remove an adjudication officer from office for stated reasons if the Minister is satisfied that the adjudication officer has –

    • (a) become incapable through ill-health of effectively performing his or her functions,

    • (b) engaged in serious misconduct, or

    • (c) a serious conflict of interest, which conflict is likely to continue.

  • (3) An adjudication officer shall cease to be qualified for office as an adjudication officer and shall cease to hold such office if –

    • (a) he or she is convicted on indictment of an offence,

    • (b) he or she is convicted of an offence involving fraud or dishonesty,

    • (c) he or she is sentenced by a court of competent jurisdiction to a term of imprisonment,

    • (d) in the case of a person who was, at the date of his or her appointment as an adjudication officer, a practising barrister, his or her name is removed from the roll of practising barristers (within the meaning of section 2(1) of the Act of 2015), or

    • (e) in the case of a person who was, at the date of his or her appointment as an adjudication officer, a practising solicitor, his or her name is struck off the roll of solicitors (within the meaning of section 9 of the Solicitors Act 1954 (No. 36 of 1954)).

  • (4) Where an adjudication officer is –

    • (a) nominated as a member of Seanad Éireann,

    • (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

    • (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 (No. 2 of 1997) as having been elected to be a member of the European Parliament,

    • (d) elected or co-opted as a member of a local authority, or

    • (e) appointed to be a judge,

    he or she shall thereupon cease to hold office as an adjudication officer.

  • (5) A person who is for the time being –

    • (a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

    • (b) a member of the European Parliament, or

    • (c) entitled under the standing orders of a local authority to sit as a member thereof,

    shall, while he or she is so entitled or is such a member, as the case may be, be disqualified for office as an adjudication officer.

  • (6) Where an adjudication officer dies, resigns, ceases to be qualified for office, ceases to hold office or is removed from office, the Minister may appoint, in the same manner as the adjudication officer who occasioned the casual vacancy was appointed, a person to be an adjudication officer to fill the casual vacancy so occasioned.

  • (7) A person appointed to be an adjudication officer pursuant to paragraph (6) shall hold office for that period of the term of office of the adjudication officer who occasioned the casual vacancy concerned that remains unexpired at the date of his or her appointment and shall be eligible for reappointment as an adjudication officer on the expiry of the said period.

Powers of adjudication officers

109K. (1) An adjudication officer may, at any time before making a decision under section 109U(1) or imposing an administrative sanction under section 109U(12), whether on application by the Minister or a relevant provider or on the adjudication officer’s own motion, issue a direction in writing to the Minister or the relevant provider (in this section referred to as the “directed person”) in accordance with subsection (2).

  • (2) A direction issued under subsection (1) may require the directed person, within such period as is specified in the direction, to do any or all of the following:

    • (a) answer (whether on oath or otherwise) an identified question in whatever manner or form the adjudication officer may specify in the direction;

    • (b) adduce evidence or produce records that are in the directed person’s possession or power to procure;

    • (c) clarify any issue of fact.

  • (3) An answer given by a directed person to a question put to the person in response to a direction under subsection (2)(a) is not admissible as evidence against the person in criminal proceedings, other than proceedings for perjury in circumstances where the answer was provided on oath.

  • (4) A directed person shall be entitled to the same immunities and privileges in respect of compliance with any requirement referred to in this section as a witness appearing in proceedings before the High Court.

  • (5) Where a directed person fails or refuses to comply with a direction under subsection (1) within the period specified in the direction, the adjudication officer may apply, in a summary manner, to the High Court on notice to that directed person for an order under subsection (6).

  • (6) The High Court may, on application to it under subsection (5) –

    • (a) require the directed person to comply with the direction concerned, and

    • (b) make such other orders (if any) as it considers necessary for the purpose of paragraph (a).

  • (7) A directed person who, having been required to produce a record under subsection (2)(b), intentionally destroys or otherwise disposes of, falsifies or conceals such record or causes or permits its destruction, disposal, falsification or concealment is guilty of an offence.

  • (8) A person guilty of an offence under subsection (7) is liable –

    • (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

    • (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.

  • (9) Proceedings may be brought for an offence under subsection (7) regardless of whether or not an order has been applied for under subsection (5) or made under subsection (6)(b).

Assistance to adjudication officers

109L. (1) The Minister may, from time to time, require any officer of the Minister to assist adjudication officers in the performance of their functions.

  • (2) The Minister may, from time to time, enter into a contract or arrangement with a person or appoint a consultant or adviser for the purpose of having the person, consultant or adviser assist adjudication officers in the performance of their functions.

  • (3) An officer of the Minister referred to in subsection (1) or a person, consultant or adviser referred to in subsection (2) shall not provide assistance to adjudication officers in connection with any matter in which the member, or person, consultant or adviser concerned, has or may have a conflict of interest.

Referral to adjudication

109M. (1) Where the Minister is of the opinion that there has been a breach of a relevant obligation by a relevant provider, the Minister may, having regard to the matters set out in subsection (2) –

- (a) enter into a commitment agreement with the relevant provider, or

- (b) subject to the power under section 109O to direct the carrying out of a Chapter 11 investigation, proceed to refer the matter to the chief adjudication officer for the purposes of conducting an adjudication.
  • (2) In determining whether to proceed under paragraph (a) or (b) of subsection (1), the Minister shall have regard to all relevant circumstances, including the following:

    • (a) the gravity and duration of the breach;

    • (b) the number of times the breach occurred;

    • (c) the degree of responsibility of the relevant provider for the breach;

    • (d) the financial strength of the relevant provider, including having regard to the total turnover or annual income of the provider;

    • (e) the benefit (if any) derived from the breach by the relevant provider;

    • (f) the losses (if any) to third parties caused by the breach;

    • (g) where applicable, the extent to which a relevant officer of the relevant provider knew, or ought to have known, that the breach was occurring or would occur;

    • (h) the level of cooperation of the relevant provider with the Minister;

    • (i) previous breaches by the relevant provider.

    Power to enter into commitment agreement

    109N. (1) The Minister may, without prejudice to sections 109M(1)(a) and 109Q(b)(ii), at any time enter into an agreement (in this Chapter referred to as a “commitment agreement”) in writing with a relevant provider under which the provider agrees to take measures that appear to the Minister to address any issue relating to compliance by the provider with a relevant obligation.

  • (2) A commitment agreement may include provision under which the Minister agrees, subject to the terms of the agreement, not to take specified steps in relation to matters or findings addressed by the agreement.

  • (3) A commitment agreement, unless terminated under subsection (4) or (5), is binding on the parties for the period specified in the agreement.

  • (4) A commitment agreement may be amended or terminated by the parties by agreement in writing.

  • (5) The Minister may terminate a commitment agreement by giving notice in writing to the relevant provider if –

    • (a) the provider does not comply with the agreement, or

    • (b) it appears to the Minister that information provided by the provider and relied on by the Minister for the purposes of entering into the agreement was, in a material respect, incomplete, misleading or false.

  • (6) A provider who fails to comply with a commitment agreement may be liable to an administrative financial sanction in accordance with this Chapter.

Investigation (Chapter 11)

109O. (1) Where the Minister has made a decision under section 109M(1)(b), the Minister may direct a relevant authorised officer to carry out an investigation (in this Chapter referred to as a “Chapter 11 investigation”) to determine whether a relevant provider has breached or is breaching a relevant obligation.

  • (2) A person who has or may have a conflict of interest shall not conduct, or be involved in, a Chapter 11 investigation.

  • (3) The Minister may define the scope and terms of a Chapter 11 investigation, including the matters under investigation and the period to which the investigation is to extend.

Report of relevant authorised officer

109P. (1) A relevant authorised officer shall, as soon as practicable after completing a Chapter 11 investigation, prepare a draft report regarding the investigation.

  • (2) A draft report regarding a Chapter 11 investigation shall include –

    • (a) a summary of –

      • (i) the scope and terms of the investigation, and

      • (ii) the steps taken as part of the investigation,

      and

    • (b) any findings by the relevant authorised officer in relation to the investigation.

  • (3) A relevant authorised officer shall give the relevant provider to which a draft report relates –

    • (a) a copy of the report, and

    • (b) a notice in writing stating that the provider may, within a period of 14 days from the date specified in the notice, make submissions in writing to the officer in relation to the draft report.

  • (4) A relevant authorised officer may, on the request of the relevant provider, agree in writing to extend the period specified under subsection (3)(b) within which the provider may make submissions.

  • (5) A relevant authorised officer shall, having had regard to the submissions (if any) made under subsection (3)(b), prepare a report of the Chapter 11 investigation (in this Chapter referred to as an “investigation report”).

  • (6) A relevant authorised officer shall not make any recommendation, or express any opinion, in a draft report under subsection (1) or in an investigation report on any action the Minister should take under section 109Q.

  • (7) A relevant authorised officer shall, as soon as practicable after the preparation of the investigation report, provide –

    • (a) the relevant provider with a copy of the investigation report, and

    • (b) the Minister with a copy of the investigation report and any submissions made under subsection (3)(b).

    Consideration by Minister of investigation report

    109Q. The Minister shall, as soon as practicable after the provision to him or her under section 109P(7)(b) of an investigation report and any submissions –

    • (a) consider the report and the submissions, and

    • (b) decide –

      • (i) to take no further action,

      • (ii) to enter into a commitment agreement with the relevant provider, or

      • (iii) to refer the matter to the chief adjudication officer for the purposes of conducting an adjudication.

      Assignment of adjudication officers

      109R. (1) Where an investigation report is referred by the Minister under section 109Q(b)(iii), the chief adjudication officer shall assign an adjudication officer to conduct an adjudication in relation to the alleged breach of a relevant obligation to which the report relates.

  • (2) Notwithstanding subsection (1), the chief adjudication officer may direct that adjudication officers sit as a panel to perform an adjudication, in an uneven number of 3 or more, and where he or she so directs, a reference in this Act to an adjudication officer shall be construed as a reference to a panel of adjudication officers.

  • (3) The chief adjudication officer shall determine the procedures to apply where a panel of adjudication officers is conducting an adjudication.

Imposition of financial penalty or daily penalty payment and criminal proceedings

109S. (1) Where a financial penalty or a daily penalty payment is imposed on a relevant provider in accordance with this Chapter in respect of a breach of a relevant obligation and the breach of the relevant obligation is an offence under a law of the State, the relevant provider is not liable to be prosecuted or punished for the offence under that law.

  • (2) An adjudication officer may not impose an administrative sanction on a relevant provider under this Chapter –

    • (a) if the relevant provider has been charged with having committed an offence under a law of the State,

    • (b) if –

      • (i) criminal proceedings are ongoing in respect of the breach,

      • (ii) the relevant provider has been found guilty of having committed the offence, or

      • (iii) the relevant provider has been found not guilty of having committed the offence where proceedings have determined other than by way of nolle prosequi,

      and

    • (c) the offence involves the same breach as is before the adjudication officer.

    Action by adjudication officer after assignment to conduct adjudication

    109T. (1) An adjudication officer to whom an adjudication is assigned under section 109R shall, as soon as practicable after such assignment, give the relevant provider –

    • (a) a copy of this section, and

    • (b) a notice in writing stating that the relevant provider may make submissions in writing, within the period specified in the notice, to the adjudication officer on the investigation report to which the adjudication relates.

  • (2) Submissions may be made under paragraph (b) of subsection (1) within the period specified in the notice given under that paragraph or within such further period, not exceeding 15 days, as the adjudication officer may agree in writing with the relevant provider.

  • (3) An adjudication officer may where he or she considers necessary or appropriate for the purposes of resolving an issue of fact or otherwise enabling the adjudication officer to make a decision or to impose an administrative sanction under this Chapter, do any of the following:

    • (a) issue a direction under section 109K;

    • (b) request further information from the relevant provider;

    • (c) request further information from any other person, and may, for the purposes of doing so, provide a copy of the investigation report to the person;

    • (d) conduct an oral hearing under section 109V.

  • (4) An adjudication officer shall, as soon as practicable after making a request under subsection (3)(c), provide a copy of the request to the Minister and the relevant provider.

  • (5) As soon as practicable after receiving any information pursuant to a request under subsection (3)(c), the adjudication officer shall give the relevant provider –

    • (a) a copy of the information or, where the protection of commercially sensitive information means that such information cannot be provided in full, a summary of such information, and

    • (b) a notice in writing stating that the Minister and the relevant provider may make submissions in writing to the adjudication officer on the information within the period specified in the notice.

  • (6) Submissions may be made under paragraph (b) of subsection (5) within the period specified in the notice given under that paragraph or within such further period, not exceeding 10 days, as the adjudication officer may agree in writing with the Minister or relevant provider, as the case may be.

  • (7) A person who receives a copy of a report under subsection (3)(c) shall not, without the prior consent in writing of the adjudication officer, disclose the existence or the content of the report to any other person.

  • (8) A person who fails to comply with subsection (7) is guilty of an offence and is liable on summary conviction to a class A fine.

Decision as to breach and imposition of administrative sanction

109U. (1) Subject to subsection (13), an adjudication officer shall decide whether, on the balance of probabilities, a relevant provider has breached or is breaching a relevant obligation having considered –

- (a) the investigation report and submissions (if any) made by the relevant provider in accordance with section 109T,

- (b) any further information or documentation provided by a relevant provider pursuant to a request for further information under section 109T(3)(b),

- (c) any information or documentation provided by a person pursuant to a request for information under section 109T(3)(c) and any submissions made by the Minister or the relevant provider in accordance with section 109T(6), and

- (d) any submissions, information, documentation, records or other evidence provided in proceedings before an adjudication officer.
  • (2) Where an adjudication officer makes a decision under subsection (1) that a relevant provider has not breached or is not breaching a relevant obligation, the adjudication officer shall, as soon as practicable after making the decision, send the Minister a copy of that decision.

  • (3) The Minister shall, as soon as practicable after receiving a copy of a decision referred to in subsection (2), give notice in writing of the decision to the relevant provider.

  • (4) Where an adjudication officer makes a decision (in this Chapter referred to as a “decision as to breach”) under subsection (1) that a relevant provider has breached or is breaching a relevant obligation, the adjudication officer shall –

    • (a) where he or she is not imposing an administrative sanction under subsection (12) in respect of a decision as to breach, by notice in writing inform the Minister of the decision as to breach, the reasons for that decision and that he or she is not imposing an administrative sanction, or

    • (b) where he or she proposes to impose an administrative sanction under subsection (12) in respect of a decision as to breach, send a notice in accordance with subsection (7).

  • (5) Where subsection (4)(a) applies, the Minister shall send a copy of the notice under that subsection to the relevant provider concerned within 7 days of receipt of the notice and shall, at the same time, by notice in writing –

    • (a) require the relevant provider to comply with the relevant obligation in respect of which the decision as to breach relates,

    • (b) state that the relevant provider is entitled to appeal, in accordance with section 109ZB, against the decision as to breach and state the period within which such an appeal may be made in accordance with that section, and

    • (c) state that where the relevant provider does not bring an appeal under section 109ZB, the Minister shall, as soon as is practicable after the expiration of the period for making an appeal under that section, make an application under section 109ZC in a summary manner for confirmation of the decision as to breach.

  • (6) The Minister shall, in accordance with subsection (5)(c), where no appeal is made by the relevant provider concerned under section 109ZB within the period allowed for making the appeal, apply to the Circuit Court under section 109ZC for confirmation of the decision as to breach.

  • (7) Where subsection (4)(b) applies, the adjudication officer shall send a notice in writing to the Minister and the relevant provider concerned –

    • (a) informing the Minister and the relevant provider of the adjudication officer’s decision as to breach and the reasons for that decision,

    • (b) stating the intention of the adjudication officer to impose an administrative sanction under subsection (12) and the sanction proposed, and, where the sanction proposed is a financial penalty, the amount of the financial penalty proposed and where the sanction proposed is a daily penalty payment, the amount of the daily penalty payment proposed, and

    • (c) stating that –

      • (i) the Minister may make submissions in writing to the adjudication officer, within the period specified in the notice, in relation to the administrative sanction and, where applicable –

        • (I) on the amount of the financial penalty and the factors to be taken into account in determining the amount of the penalty in accordance with section 109Z, as the case may be, or

        • (II) on the amount of the daily penalty payment and the factors to be taken into account in determining the amount of the penalty in accordance with section 109ZA, as the case may be,

        and

      • (ii) the relevant provider may make submissions in writing in accordance with subsection (10).

  • (8) The Minister may make submissions under subsection (7)(c)(i) within the period specified in the notice under that subsection or, where the adjudication officer is satisfied there are good reasons to do so, within such further period, not exceeding 10 days, as he or she may agree in writing with the Minister.

  • (9) An adjudication officer shall give the relevant provider a copy of any submissions made by the Minister in accordance with subsection (8).

  • (10) An adjudication officer shall, by notice in writing, state that the relevant provider may, within the period specified in the notice, make submissions in writing to the adjudication officer –

    • (a) where no submissions are received from the Minister in accordance with subsection (8), in relation to the matters referred to in subsection (7)(c), or

    • (b) where submissions are received from the Minister in accordance with subsection (8), in relation to the matters referred to in subsection (7)(c) and those submissions.

  • (11) Submissions may be made by a relevant provider under subsection (10) within the period specified in the notice under that subsection or, where the adjudication officer is satisfied there are good reasons to do so, within such further period, not exceeding 10 days, as he or she may agree in writing with the relevant provider.

  • (12) Subject to subsection (13), where an adjudication officer makes a decision as to breach, he or she may impose an administrative sanction –

    • (a) having considered the matters referred to in paragraphs (a) to (d) of subsection (1) and any submissions made in accordance with subsection (8) by the Minister and subsection (11) by the relevant provider,

    • (b) where the sanction being imposed is a financial penalty, in accordance with section 109Z, and

    • (c) where the sanction being imposed is a daily penalty payment, in accordance with section 109ZA.

  • (13) A decision as to breach and an administrative sanction in relation to that breach shall take effect in accordance with section 109Y.

Oral hearings

109V. (1) Where an adjudication officer considers it necessary or appropriate, in accordance with section 109T(3)(d), to conduct an oral hearing, the oral hearing shall be conducted by the adjudication officer in accordance with this section.

  • (2) An adjudication officer may, by notice in writing –

    • (a) summon a person to appear as a witness before the adjudication officer to do either or both of the following:

      • (i) give evidence;

      • (ii) produce any records in the person’s possession or power to procure,

      and

    • (b) require that person to attend an oral hearing from day to day unless excused, or released from further attendance, by the adjudication officer.

  • (3) Without prejudice to subsection (2), an adjudication officer has the same powers, rights and privileges as a judge of the High Court when hearing civil proceedings including with respect to:

    • (a) the attendance and examination of witnesses (including witnesses who are outside the State) on oath or otherwise;

    • (b) compelling the production (including discovery) of records or an identified category or categories of records.

  • (4) An oral hearing may, at the discretion of an adjudication officer, be conducted in whole or in part by way of a remote hearing.

  • (5) Where subsection (4) applies –

    • (a) an adjudication officer shall have the same powers, with any necessary modifications, in respect of the conduct of the oral hearing by way of a remote hearing as he or she has in respect of the conduct of an oral hearing that is not conducted by way of a remote hearing, and

    • (b) a person who participates in such a remote hearing before an adjudication officer shall, in respect of such participation –

      • (i) be deemed to be present at the oral hearing concerned, and

      • (ii) have the same immunities and privileges, and be subject to the same obligations and liabilities, as he or she would were he or she participating in an oral hearing that was not so conducted.

  • (6) At the oral hearing, an authorised officer, another representative of the Minister or any other person with leave of the adjudication officer, shall present the evidence as to the reason the Minister referred the investigation report in accordance with section 109M(1)(b).

  • (7) An oral hearing shall be held in public unless the adjudication officer conducting the hearing is satisfied that, given the existence of special circumstances (which shall include whether information given or likely to be given in evidence is commercially sensitive information), the hearing or part of the hearing should be held otherwise than in public.

  • (8) Where special circumstances as referred to in subsection (7) exist, an adjudication officer may impose restrictions on the reporting or distribution of evidence given or records produced at the hearing.

  • (9) An adjudication officer may, at his or her discretion, direct the reimbursement of some or all of the reasonable travelling expenses incurred by a witness required to attend an oral hearing and the payment of a sum to such witness for subsistence while so attending, out of moneys provided by the Oireachtas.

  • (10) Save as may be otherwise prescribed by the Minister under section 109ZH, the rules of evidence shall apply to an oral hearing, including an oral hearing held in whole or in part by way of a remote hearing.

  • (11) A person is guilty of an offence where the person –

    • (a) having been duly summoned to attend as a witness at an oral hearing under subsection (2)(a), fails without reasonable excuse to attend at the time and place indicated in the notice,

    • (b) having been duly summoned to attend as a witness at an oral hearing under subsection (2)(a), fails without reasonable excuse to produce before the adjudication officer any records specified in the notice, or

    • (c) while attending as a witness at an oral hearing, refuses to –

      • (i) give evidence in the manner lawfully required by the adjudication officer,

      • (ii) produce any record in the person’s possession or power to procure that the person is lawfully required by the adjudication officer to produce, or

      • (iii) answer any question that the person is lawfully required by the adjudication officer to answer.

  • (12) A person who, having been required to produce a record under subsection (2)(a)(ii), intentionally destroys or otherwise disposes of, falsifies or conceals such record or causes or permits its destruction, disposal, falsification or concealment is guilty of an offence.

  • (13) A person guilty of an offence under subsection (11) or (12) is liable –

    • (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

    • (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.

  • (14) In this section –

‘electronic communications technology’ means, in relation to a remote hearing, technology that enables real time transmission and real time two-way audio-visual or audio communication that enables a person to participate in the hearing from a location other than the location where the adjudication officer conducting the oral hearing is;

‘in part’, in relation to a remote hearing, includes –

- (a) any day or part of a day in which an oral hearing is conducted, and

- (b) the participation of a particular person in the oral hearing;

  ‘remote hearing’ means a hearing in which one or more of the participants participates –

- (a) from a location other than the location where the adjudication officer conducting the oral hearing is, whether within the State or outside the State, and

- (b) by means of electronic communications technology.

  **Remittal for reconsideration**

  109W. (1) Where an appropriate court remits an administrative sanction under section 109ZB(7)(b)(iv), or on the remittal of an administrative sanction only by an appropriate court under section 109ZB(7)(c)(iv) or the Circuit Court under section 109ZC(7)(d), an adjudication officer shall reconsider the administrative sanction and may, following such reconsideration in accordance with any directions of the court concerned, impose a different administrative sanction or no administrative sanction.
  • (2) Where an appropriate court or the Circuit Court remits both the decision as to breach and the administrative sanction under section 109ZB(7)(c)(iv) or 109ZC(7)(d), as the case may be, an adjudication officer shall reconsider both the decision and sanction concerned and may, following such reconsideration in accordance with any directions of the court concerned –

    • (a) set aside the decision as to breach and the sanction concerned, or

    • (b) confirm the decision as to breach and either confirm the sanction or impose a different administrative sanction or no administrative sanction.

  • (3) An adjudication officer shall, as soon as practicable after he or she has made a decision under subsection (1) or (2), as the case may be, notify the Minister and the relevant provider in writing of the decision, the reasons for the decision and specify the date from which the decision shall take effect.

Notice of administrative sanction

109X. (1) An adjudication officer shall, as soon as practicable after he or she imposes an administrative sanction under section 109U(12), send the Minister a notice of the administrative sanction concerned including, where the administrative sanction is a financial penalty, the amount of the financial penalty being imposed and where the sanction is a daily penalty payment, the amount of the daily penalty payment being imposed.

  • (2) The Minister shall send a copy of the notice of the administrative sanction referred to in subsection (1) to the relevant provider within 7 days of receipt of the notice and shall, at the same time, by notice in writing state that –

    • (a) the relevant provider is required to comply with the relevant obligation in respect of which the decision as to breach and that sanction relate,

    • (b) the relevant provider is entitled to appeal, in accordance with section 109ZB, against the decision as to breach and the administrative sanction or against the administrative sanction only and state the period within which such an appeal may be made in accordance with that section, and

    • (c) where the relevant provider does not make an appeal under section 109ZB, the Minister shall, as soon as practicable after the expiration of the period for making the appeal under that section, make an application under section 109ZC in a summary manner for confirmation of the decision as to breach and the administrative sanction.

  • (3) The Minister shall, in accordance with subsection (2)(c), where no appeal is made by the relevant provider under section 109ZB within the period allowed for making the appeal, apply to the Circuit Court under section 109ZC for confirmation of the decision as to breach and the administrative sanction.

Taking effect of decision as to breach and taking effect of administrative sanction

109Y. (1) A decision as to breach of a relevant obligation shall take effect –

- (a) where an appeal against the decision is taken under section 109ZB, when the decision is upheld on appeal,

- (b) when the decision is confirmed by the Circuit Court in accordance with section 109ZC, or

- (c) where the decision, having been remitted to an adjudication officer for reconsideration, is confirmed by the officer under subsection (2)(b) of section 109W, on the date specified in the notice under subsection (3) of that section.
  • (2) An administrative sanction shall take effect –

    • (a) where an appeal is taken under section 109ZB –

      • (i) when the sanction is confirmed on appeal by the appropriate court under subsection (7)(b)(i) or (7)(c)(i) of that section or when a different administrative sanction is imposed by the appropriate court under subsection (7)(b)(iii) or (7)(c)(iii) of that section, or

      • (ii) where the appropriate court on appeal remits the sanction to an adjudication officer and the sanction is confirmed by the officer under subsection (2)(b) of section 109W or a different administrative sanction is imposed by the officer under subsection (1) or (2)(b) of that section, on the date specified in the notice under subsection (3) of that section,

      or

    • (b) where an application is made to the Circuit Court under section 109ZC –

      • (i) when the sanction is confirmed by the Court under subsection (5) of that section or when a different administrative sanction is imposed by the Court under subsection (7)(c) of that section, or

      • (ii) where the Court remits the sanction to an adjudication officer and the sanction is confirmed by the officer under subsection (2)(b) of section 109W or a different administrative sanction is imposed by the officer under subsection (1) or (2)(b) of that section, on the date specified in the notice under subsection (3) of that section.

  • (3) Where an administrative sanction takes effect in accordance with subsection (2), the sanction may be enforced by the Minister without the need for any further judgment of a court.

  • (4) The Minister may recover, as a simple contract debt in any court of competent jurisdiction, any amount due and owing by a relevant provider as a financial penalty or a daily penalty payment which has taken effect as an administrative sanction in accordance with subsection (2).

  • (5) Where a relevant provider fails to comply with an administrative sanction that has taken effect in accordance with subsection (2), the High Court may, on an application to it by the Minister in that behalf –

    • (a) compel compliance with the administrative sanction imposed, and

    • (b) grant such injunctive relief (if any) that the Court considers necessary.

  • (6) The High Court may not require the Minister to give an undertaking as to damages as a condition of granting any injunctive relief under subsection (5)(b).

  • (7) The Minister shall, on a website maintained by or on behalf of the Minister or in such other manner as the Minister considers appropriate, with due regard for the protection of commercially sensitive information, publish a notice of –

    • (a) a decision as to breach of a relevant obligation that has taken effect in accordance with subsection (1), and

    • (b) an administrative sanction that has taken effect in accordance with subsection (2).

  • (8) The Minister may redact such information from a notice to be published under subsection (7) as the Minister considers necessary and appropriate having regard to –

    • (a) the need to protect commercially sensitive information,

    • (b) the rights of the parties or any other person, or

    • (c) any other good and sufficient reason.

    Limitations on amount of financial penalty imposed as administrative sanction

    109Z. (1) The amount of a financial penalty imposed as an administrative sanction on a relevant provider under this Chapter shall not exceed the greater of –

    • (a) where the benefit derived from the breach can be determined, at least twice the amount of the benefit so derived, or

    • (b) €1,000,000.

  • (2) In determining the amount of a financial penalty imposed as an administrative sanction on a relevant provider under this Chapter, regard shall be had to –

    • (a) all relevant circumstances, including the matters specified in section 109M(2),

    • (b) any regulatory technical standards adopted by the European Commission under Article 53(10) of the Sixth Money Laundering Directive, and

    • (c) any guidelines issued by the Authority under Article 53(11) of the Sixth Money Laundering Directive.

  • (3) The amount of a financial penalty imposed shall –

    • (a) be proportionate to the nature of the breach,

    • (b) act as a sufficient incentive to ensure future compliance by the relevant provider, and other providers, with relevant obligations, and

    • (c) be set with a view to deterring the relevant provider, and other providers, from breaching relevant obligations.

  • (4) The amount of a financial penalty imposed as an administrative sanction shall not –

    • (a) in the case of an individual, be such as would be likely to cause the individual to be unable to pay his or her debts as they fall due, or

    • (b) in the case of a relevant provider that is not an individual, be such as would be likely to cause the provider to cease trading.

  • (5) The Minister may prescribe specific factors, criteria or methodology relevant to the determination of the amount of the financial penalty for the purposes of this section.

  • (6) In this section, “Sixth Money Laundering Directive” means Directive (EU) 2024/1640 of the European Parliament and of the Council of 31 May 20241 on the mechanisms to be put in place by Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Directive (EU) 2019/1937, and amending and repealing Directive (EU) 2015/849.

Daily penalty payments

109ZA. (1) Where an adjudication officer is of the opinion that there has been a breach by a relevant provider of an obligation under a direction under section 71 or 98 (in this section referred to as a “specified obligation”), the adjudication officer may, for the purpose of enforcing the specified obligation, impose a penalty on a relevant provider as an administrative sanction in the form of a daily payment (in this Chapter referred to as a “daily penalty payment”).

  • (2) Where it appears to an adjudication officer to be necessary to impose a daily payment penalty on a relevant provider, the adjudication officer may give the provider concerned a notice in writing which –

    • (a) specifies the breach referred to in subsection (1) in respect of which the notice is given,

    • (b) gives the provider all relevant information relating to the breach,

    • (c) states the date by which the provider must comply with the notice which may not be earlier than the date on which the notice under this subsection is given,

    • (d) states that, if the provider fails to comply with the notice by that date, the adjudication officer shall proceed to impose a daily penalty payment on the person, for each day during which the failure continues, beginning with the day following that date,

    • (e) states the maximum daily amount of the penalty that may be imposed, and

    • (f) invites the provider to make written submissions to the adjudication officer regarding the matters to which the notice relates within the period specified in the notice or such further period as may be permitted.

  • (3) The amount of a penalty imposed under this section on a relevant provider for each day during which the failure referred to in subsection (2)(d) continues shall not exceed –

    • (a) in the case of an individual, 2% of his or her average daily income in the preceding calendar year, or

    • (b) in the case of a relevant provider that is not an individual, 3% of their average daily turnover in the preceding business year.

  • (4) Where it appears to the adjudication officer, after considering any written submissions made by the provider in accordance with subsection (2)(f), that it is necessary to impose a daily penalty payment on the provider for the purpose of enforcing the specified obligation referred to in the notice, the adjudication officer may –

    • (a) determine the daily amount of the penalty to be imposed, and the date on which it is to commence, and

    • (b) by notice in writing to the provider, impose the penalty.

  • (5) A daily penalty payment may be imposed for a period not exceeding 6 months (in this subsection referred to as the “initial period”) and where there is a continuing failure by the relevant provider in the initial period to comply with the specified obligation, the period for which the penalty may be imposed may be extended by an additional period not exceeding 6 months commencing on the expiry of the initial period.

  • (6) A decision to impose a daily penalty payment does not take effect unless it is confirmed on appeal under section 109ZB or on summary application under section 109ZC.

  • (7) The Minister may prescribe specific factors, criteria or methodology relevant to the determination of the amount of the financial penalty for the purposes of this section.

Appeal against decision as to breach and imposition of administrative sanction

109ZB. (1) A decision as to breach or, where applicable, the imposition of an administrative sanction, or both, shall not be challenged, including as to its validity, other than by an appeal under this section.

  • (2) A relevant provider to whom a decision as to breach relates may appeal to the appropriate court –

    • (a) where no administrative sanction is imposed in respect of a decision as to breach, against the decision as to breach, or

    • (b) where an administrative sanction is imposed in respect of a decision as to breach –

      • (i) against the imposition of an administrative sanction, including the type of administrative sanction imposed, or

      • (ii) against both the decision as to breach and the imposition of an administrative sanction, including against the type of administrative sanction imposed.

  • (3) Subject to subsection (4), an appeal under subsection (2) may be made to the appropriate court –

    • (a) under subsection (2)(a), within 28 days from the date on which the notice in writing under section 109U(5) is sent to the relevant provider, or

    • (b) under subsection (2)(b), within 28 days from the date on which the notice in writing under section 109X(2) is sent to the relevant provider.

  • (4) The appropriate court may, on the application of a relevant provider to whom a decision as to breach relates, extend the period referred to in subsection (3) for the making of an appeal under subsection (2) where it is satisfied that –

    • (a) there is good and sufficient reason for doing so,

    • (b) the circumstances that resulted in the failure to bring an appeal within that period were outside the control of the relevant provider, and

    • (c) where an application has been made under section 109ZC for confirmation of the decision as to breach or, where applicable, the imposition of an administrative sanction, that application has not been finally determined.

  • (5) An appeal under subsection (2) may be made on either or both of the following grounds:

    • (a) a ground that could, but for subsection (1), be relied upon by the relevant provider in an application seeking judicial review of the decision of the adjudication officer;

    • (b) in so far as it is not a ground referred to in paragraph (a), the ground that an administrative sanction imposed is disproportionate.

  • (6) In considering an appeal under subsection (2), the appropriate court may, where it considers it necessary for the fair and proper determination of the appeal, consider –

    • (a) information or documentation provided by the Minister, the relevant provider or any person under paragraph (b) or (c) of section 109T(3), and

    • (b) any evidence adduced or submission made by the Minister or by the relevant provider, whether or not already adduced or made to the adjudication officer.

  • (7) Subject to subsection (8) and sections 109Z and 109ZA, the appropriate court may, on the hearing of an appeal under subsection (2) –

    • (a) where subsection (2)(a) applies –

      • (i) confirm the decision as to breach, or

      • (ii) set aside the decision as to breach,

    • (b) where subsection (2)(b)(i) applies –

      • (i) confirm the administrative sanction,

      • (ii) set aside the administrative sanction,

      • (iii) set aside the administrative sanction, and replace it with such other administrative sanction as the court considers just and appropriate to impose, including in the case of a financial penalty, the imposition of a different financial penalty and in the case of a daily penalty payment, the imposition of a different daily penalty payment, or

      • (iv) remit the administrative sanction for reconsideration by an adjudication officer, subject to such directions as the court considers appropriate,

      or

    • (c) where subsection (2)(b)(ii) applies –

      • (i) confirm both the decision as to breach and the administrative sanction,

      • (ii) confirm the decision as to breach and set aside the administrative sanction,

      • (iii) confirm the decision as to breach and set aside the administrative sanction and replace it with such other administrative sanction as the court considers it just and appropriate to impose, including, in the case of a financial penalty, the imposition of a different financial penalty and in the case of a daily penalty payment, the imposition of a different daily penalty payment,

      • (iv) remit either or both the decision as to breach and the administrative sanction for reconsideration by an adjudication officer, subject to such directions as the court considers appropriate, or

      • (v) set aside both the decision as to breach and the administrative sanction.

  • (8) A decision as to breach or the imposition of an administrative sanction may not be set aside or remitted by the appropriate court under subparagraph (ii) of paragraph (a), subparagraph (ii), (iii) or (iv) of paragraph (b) or subparagraph (ii), (iii), (iv) or (v) of paragraph (c) of subsection (7) for error of law or fact unless the appropriate court is satisfied that the officer concerned committed a serious and significant error in making the decision, or that the officer committed a series of minor errors which, when taken together, amount to a serious and significant error.

  • (9) The appropriate court may make such interim or interlocutory orders in appeal proceedings under this section as it considers appropriate.

  • (10) The appropriate court may direct how the costs of an appeal under subsection (2) are to be borne.

  • (11) Where an appeal under subsection (2) is withdrawn or abandoned by a relevant provider, or struck out by the appropriate court, the Minister shall make an application under section 109ZC.

Circuit Court confirmation of decision as to breach and administrative sanction

109ZC. (1) The Minister shall, on notice to the relevant provider to whom a decision as to breach relates, make an application in a summary manner to the Circuit Court for confirmation of –

- (a) where no administrative sanction is imposed, the decision as to breach, or

- (b) where an administrative sanction is imposed, the decision as to breach and the administrative sanction.
  • (2) The Minister shall make an application under subsection (1) where –

    • (a) the relevant provider does not appeal against the decision within the period specified in section 109ZB(3), or

    • (b) an appeal is withdrawn, abandoned or struck out, as the case may be, as referred to in section 109ZB(11).

  • (3) An application under subsection (1) shall be made by the Minister as soon as practicable after the expiration of the period specified in section 109ZB(3) for bringing an appeal or after the appeal is withdrawn, abandoned or struck out, as the case may be, as referred to in section 109ZB(11).

  • (4) A relevant provider may, as soon as practicable after receiving notice of the application under subsection (1), inform the Minister in writing that the relevant provider does not intend to appear at, or make submissions at, the hearing of the application and where the relevant provider does so, the application and any remaining steps in such application may be made ex parte.

  • (5) On the hearing of an application under subsection (1), the Circuit Court shall, where paragraph (a) of that subsection applies, confirm the decision as to breach, or where paragraph (b) of that subsection applies, confirm the decision as to sanction and the administrative sanction, unless it is satisfied, on the basis of the evidence that was before the adjudication officer when making the decision or imposing the sanction –

    • (a) that the officer made an error of law which is –

      • (i) manifest from the decision, and

      • (ii) fundamental so as to deprive the decision of its basis,

    • (b) that the administrative sanction is manifestly disproportionate,

    • (c) where the administrative sanction is a financial penalty, that the financial penalty is manifestly disproportionate having regard to section 109Z, or

    • (d) where the administrative sanction is a daily penalty payment, that the daily penalty payment is manifestly disproportionate having regard to section 109ZA.

  • (6) Where the Circuit Court does not, under subsection (5), confirm a decision as to breach, the Court shall set the decision aside.

  • (7) Where the Circuit Court does not, under subsection (5), confirm the decision as to breach and the administrative sanction, it may, subject to sections 109Z and 109ZA –

    • (a) set aside the decision as to breach and the administrative sanction,

    • (b) confirm the decision as to breach and set aside the administrative sanction,

    • (c) confirm the decision as to breach and set aside the administrative sanction and replace it with such other administrative sanction as the Circuit Court considers just and appropriate, including in the case of a financial penalty replace it with a different financial penalty and in the case of a daily penalty payment replace it with a different daily penalty payment, or

    • (d) remit the decision as to breach or, where applicable, the administrative sanction, or both, for reconsideration by an adjudication officer, subject to such directions as it considers appropriate.

  • (8) Where an application to extend the period for the making of an appeal against a decision as to breach is made under section 109ZB(4), the Circuit Court shall make an order staying proceedings in relation to an application under subsection (1) until the appropriate court has made a decision under section 109ZB(4) in relation to the extension sought.

  • (9) Where the appropriate court makes an order under section 109ZB(4) extending the period for the making of an appeal under that section, the Circuit Court shall continue the stay on proceedings in relation to an application under this section until –

    • (a) where the appeal is brought under section 109ZB within the extended period, either –

      • (i) the appropriate court has made a decision on the appeal under section 109ZB(7), or

      • (ii) the appeal is withdrawn, abandoned or struck out,

      or

    • (b) where the appeal is not brought under section 109ZB within the extended period, until that period as so extended expires.

  • (10) Where subsection (9)(a)(i) applies, the Circuit Court shall make an order striking out the application of the Minister under subsection (1).

  • (11) The Circuit Court may make such interim or interlocutory orders as it considers appropriate in any proceedings in relation to an application under subsection (1).

  • (12) The Circuit Court may direct how the costs of an application under subsection (1) are to be borne having regard to all the circumstances, including any communication of the relevant provider to the Minister under subsection (4).

Indirect liability for breach of relevant obligation

109ZD. (1) Where, in relation to a breach of a relevant obligation –

- (a) a decision under section 109U(1) has been made or an administrative sanction imposed under section 109U(12) on a relevant provider, and

- (b) the breach is proved to have occurred with the consent or connivance of, or to be attributable to, the wilful neglect of a relevant officer of the relevant provider,

  the relevant person shall be liable to be proceeded against and subject to sanctions under this Chapter as if he or she had committed the breach committed by the relevant provider.
  • (2) Where a relevant officer (whether acting individually or as part of a body corporate) commits one or more acts for the benefit of a body corporate and the acts constitute a breach of a relevant obligation, the body corporate, as well as the relevant officer, shall be liable to be proceeded against and subject to sanctions under this Chapter as if it had committed the acts.

  • (3) This section is without prejudice to the other circumstances, under the general law, whereby acts or omissions of an individual are attributed to a body corporate resulting in criminal or civil liability of that body corporate for those acts or omissions.

Reference on point of law to High Court

109ZE. (1) An adjudication officer may, at any time before making a decision as to breach under section 109U(1) or imposing an administrative sanction under section 109U(12), refer any question of law to the High Court.

  • (2) Subject to subsection (3), no appeal shall lie to the Court of Appeal from a decision of the High Court on a reference under subsection (1).

  • (3) The High Court may grant leave to appeal its decision on a reference under subsection (1) where it certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Court of Appeal.

Orders for costs in proceedings before adjudication officer

109ZF. (1) Subject to subsection (2), no order as to costs shall be made in proceedings before an adjudication officer.

  • (2) An adjudication officer may, at his or her discretion, award the costs of proceedings referred to in subsection (1) against a relevant provider or the Minister where the adjudication officer determines that the relevant provider or the Minister, as the case may be, has engaged in improper, irregular, unfair or unsatisfactory conduct in connection with –

    • (a) the investigation of the alleged breach of a relevant obligation giving rise to those proceedings, or

    • (b) the conduct of those proceedings.

  • (3) An award of costs against a relevant provider or the Minister under subsection (2) shall be proportionate to the nature and extent of the improper, irregular, unfair or unsatisfactory conduct that the relevant provider or the Minister, as the case may be, is found to have engaged in and the award may be limited to a proportion of the costs of the proceedings before an adjudication officer or to the costs of a particular part of those proceedings.

Treatment of amounts paid in respect of financial penalties

109ZG. A payment made by a relevant provider to the Minister in respect of a financial penalty or daily penalty payment, which has taken effect in accordance with section 109Y, shall be paid into, or disposed of for the benefit of, the Exchequer by the Minister in such manner as the Minister for Finance may direct.

Regulations in relation to proceedings before adjudication officer

109ZH. (1) Subject to this Chapter, the Minister may make regulations setting out requirements in relation to the conduct of proceedings before an adjudication officer, having regard to the need for efficiency and the rights of relevant providers.

  • (2) Without prejudice to the generality of subsection (1), regulations under that subsection may include, but are not limited to, all or any of the following:

    • (a) the form, and manner of making, of requests by an adjudication officer for information, documentation or discovery from a party to proceedings or from a person other than a party to proceedings;

    • (b) the form, and manner of inviting, of submissions by an adjudication officer from a party to proceedings;

    • (c) the form and manner of provision of submissions, information, documentation, records, or other evidence to be provided to an adjudication officer;

    • (d) the provision by an adjudication officer to a party to proceedings or to a person other than a party to proceedings, of information or documentation received by the adjudication officer;

    • (e) time limits to apply in the conduct of proceedings before an adjudication officer;

    • (f) procedures for the consolidation of 2 or more proceedings before an adjudication officer;

    • (g) procedures for the separation of proceedings before an adjudication officer;

    • (h) the issuing of a direction by an adjudication officer under section 109K;

    • (i) the conduct of an oral hearing.

  • (3) In this section, “party to proceedings” means the Minister or the relevant provider concerned.”.

GIVEN under my Official Seal,

29 June, 2026.

JIM O’CALLAGHAN,

Minister for Justice, Home Affairs and Migration.

Footnotes

1

OJ L, 2024/1640, 19.6.2024

2

OJ L, 2024/1620, 19.6.2024

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