|
|
Number 12 of 2003
|
|
CENTRAL BANK AND FINANCIAL SERVICES AUTHORITY OF IRELAND ACT 2003
|
|
ARRANGEMENT OF SECTIONS
|
PART 1
|
Preliminary
|
Section
|
|
1.
|
Short title and commencement.
|
|
PART 2
|
Amendment of Central Bank Act 1942
|
2.
|
Interpretation: Part 2.
|
3.
|
Substitution of section 2 of the Principal Act.
|
4.
|
Substitution of section 5 of the Principal Act.
|
5.
|
Substitution of section 5A of the Principal Act.
|
6.
|
Substitution of section 6 of the Principal Act.
|
7.
|
Insertion into the Principal Act of new sections 6A to 6K.
|
8.
|
Repeal of section 7 of the Principal Act (certain particular powers of the Bank).
|
9.
|
Repeal of section 8 of the Principal Act (certain further powers of the Bank).
|
10.
|
Amendment of section 9 of the Principal Act (capital of the Bank).
|
11.
|
Amendment of section 10 of the Principal Act (seal of the Bank).
|
12.
|
Repeal of section 15 of the Principal Act (dissolution of the Commission).
|
13.
|
Insertion into the Principal Act of new sections 18A to 18D.
|
14.
|
Amendment of section 19 of the Principal Act (appointment, tenure of office, etc., of the Governor).
|
15.
|
Insertion into the Principal Act of new section 19A.
|
16.
|
Substitution of section 21 of the Principal Act.
|
17.
|
Substitution of section 22 of the Principal Act.
|
18.
|
Insertion into the Principal Act of new section 22A.
|
19.
|
Amendment of section 23 of the Principal Act (remuneration, etc., of Directors).
|
20.
|
Substitution of section 24 of the Principal Act.
|
21.
|
Substitution of section 25 of the Principal Act.
|
22.
|
Substitution of section 28 of the Principal Act.
|
23.
|
Repeal of section 30 of the Principal Act (operation of disqualification of Governor or Director).
|
24.
|
Substitution of section 32 of the Principal Act.
|
25.
|
Repeal of section 33 of the Principal Act.
|
26.
|
Insertion into the Principal Act of new Parts IIIA and IIIB.
|
27.
|
Amendment of section 35 of the Principal Act (restrictions on amount of consolidated bank notes outstanding).
|
28.
|
Insertion into the Principal Act of new Part VIIA.
|
29.
|
Insertion into the Principal Act of new Part VIIIA.
|
30.
|
Insertion into the Principal Act of new sections 61E and 61F.
|
31.
|
Substitution of the First and Second Schedules to the Principal Act.
|
32.
|
Amendment of Third Schedule to the Principal Act.
|
33.
|
Insertion into the Principal Act of new Schedule 5.
|
|
PART 3
|
Repeal and Amendment of Other Enactments, etc.
|
34.
|
Repeal of certain enactments.
|
35.
|
Consequential amendment of other legislation.
|
|
PART 4
|
Savings and Transitional Provisions
|
36.
|
Schedule 3 (savings and transitional provisions).
|
|
SCHEDULE 1
|
Consequential Amendments to other Acts
|
SCHEDULE 2
|
Amendment of European Communities Regulations
|
SCHEDULE 3
|
Savings and Transitional Provisions
|
|
Acts Referred to
|
Asset Covered Securities Act 2001
|
2001, No. 47
|
Assurance Companies Act 1909
|
9 Edw. 7, c. 49
|
Building Societies Act 1989
|
1989, No. 17
|
Central Bank Act 1942
|
1942, No. 22
|
Central Bank Acts 1942 to 1998
|
|
Central Bank Acts 1942 to 2001
|
|
Central Bank Act 1961
|
1961, No. 8
|
Central Bank Act 1964
|
1964, No. 3
|
Central Bank Act 1971
|
1971, No. 24
|
Central Bank Act 1989
|
1989, No. 16
|
Central Bank Act 1997
|
1997, No. 8
|
Central Bank Act 1998
|
1998, No. 2
|
Civil Service Regulation Acts 1956 to 1996
|
|
Companies Act 1963
|
1963, No. 33
|
Companies Act 1990
|
1990, No. 33
|
Companies Acts 1963 to 2001
|
|
Companies (Amendment) Act 1990
|
1990, No. 27
|
Competition Act 1991
|
1991, No. 24
|
Competition Act 2002
|
2002, No. 14
|
Competition Acts 1991 and 1996
|
|
Consumer Credit Act 1995
|
1995, No. 24
|
Credit Union Act 1997
|
1997, No. 15
|
Criminal Justice Act 1994
|
1994, No. 15
|
Currency Act 1927
|
1927, No. 32
|
Dormant Accounts Act 2001
|
2001, No. 32
|
Housing (Miscellaneous Provisions) Act 1992
|
1992, No. 18
|
Insurance Act 1936
|
1936, No. 45
|
Insurance Act 1953
|
1953, No. 7
|
Insurance Act 1964
|
1964, No. 18
|
Insurance (Amendment) Act 1978
|
1978, No. 30
|
Insurance (No. 2) Act 1983
|
1983, No. 29
|
Insurance Act 1989
|
1989, No. 3
|
Insurance Act 1990
|
1990, No. 26
|
Insurance Act 2000
|
2000, No. 42
|
Interpretation Act 1937
|
1937, No. 38
|
Investment Intermediaries Act 1995
|
1995, No. 11
|
Investment Limited Partnership Act 1994
|
1994, No. 24
|
Investor Compensation Act 1998
|
1998, No. 37
|
Local Government Act 2001
|
2001, No. 37
|
Minimum Notice and Terms of Employment Act 1973
|
1973, No. 4
|
Ministers and Secretaries Act 1924
|
1924, No. 16
|
Netting of Financial Contracts Act 1995
|
1995, No. 25
|
Organisation of Working Time Act 1997
|
1997, No. 20
|
Parental Leave Act 1998
|
1998, No. 30
|
Pawnbrokers Act 1964
|
1964, No. 31
|
Pensions (Increase) Act 1964
|
1964, No. 10
|
Postal and Telecommunications Services Act 1983
|
1983, No. 24
|
Public Offices Fees Act 1879
|
42 & 43 Vict., c. 58
|
Redundancy Payments Acts 1967 to 1991
|
|
Solicitors (Amendment) Act 1994
|
1994, No. 27
|
Statistics Act 1993
|
1993, No. 21
|
Stock Exchange Act 1995
|
1995, No. 9
|
Superannuation Act 1892
|
55 & 56 Vict., c. 40
|
Taxes Consolidation Act 1997
|
1997, No. 39
|
Tribunals of Inquiry (Evidence) Acts 1921 to 2002
|
|
Trustee Savings Banks Act 1989
|
1989, No. 21
|
Unfair Dismissals Act 1977
|
1977, No. 10
|
Unit Trusts Act 1990
|
1990, No. 37
|
|
|
|
Number 12 of 2003
|
|
CENTRAL BANK AND FINANCIAL SERVICES AUTHORITY OF IRELAND ACT 2003
|
|
AN ACT TO AMEND THE CENTRAL BANK ACT 1942 FOR THE PURPOSE OF REORGANISING AND RENAMING THE CENTRAL BANK OF IRELAND; TO PROVIDE FOR THE ESTABLISHMENT AND FUNCTIONS OF THE IRISH FINANCIAL SERVICES REGULATORY AUTHORITY AS A CONSTITUENT PART OF THAT BANK; TO AMEND CERTAIN OTHER ACTS CONSEQUENTIAL ON THE REORGANISATION; AND TO PROVIDE FOR RELATED MATTERS. [22nd April, 2003]
|
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
|
PART 1
Preliminary
|
|
Short title and commencement.
|
1.—(1) This Act may be cited as the Central Bank and Financial Services Authority of Ireland Act 2003.
|
|
(2) This Act comes into operation on such day or days as may be fixed by an order or orders made by the Minister for Finance, either generally or with reference to any particular purpose or provision. Different days may be fixed for different purposes and different provisions.
|
PART 2
Amendment of Central Bank Act 1942
|
|
Interpretation:
|
2.—In this Part, “the Principal Act” means the Central Bank Act 1942 .
|
|
Substitution of section 2 of the Principal Act.
|
3.—The Principal Act is amended by substituting the following section for section 2:
|
“Interpretation.
|
2.—(1) In this Act, unless the context otherwise requires—
|
|
‘Appeals Tribunal’ means the Irish Financial
|
|
Services Appeals Tribunal established by section 57C;
|
|
‘appointed Director’ means a Director referred to in section 18B(1)(f);
|
|
‘approved stock exchange’ means a stock exchange approved under section 9 of the Stock Exchange Act 1995 ;
|
|
‘Bank’ means the Central Bank and Financial Services Authority of Ireland;
|
|
‘Board’ means the Board of Directors of the Bank;
|
|
‘Central Bank Acts’ means the Central Bank Acts 1942 to 1998 and includes any later Act that is to be construed as one with those or any of those Acts;
|
|
‘Chief Executive’ means the person holding office or acting as Chief Executive of the Regulatory Authority;
|
|
‘consolidated bank note’ has the same meaning as in the Currency Act 1927 ;
|
|
‘constituent part’, in relation to the Bank, means the Regulatory Authority, or any division, branch or office that forms part of the Bank, and includes any committee of the Board of the Bank;
|
|
‘Consumer Director’ means the person holding office or acting as Consumer Director of the Regulatory Authority;
|
|
‘credit union’ has the meaning given by the Credit Union Act 1997 ;
|
|
‘ Currency Act 1927 ’ means that Act as adapted in consequence of the Constitution;
|
|
‘designated enactments’ means the enactments specified in Part 1 of Schedule 2;
|
|
‘designated statutory instruments’ means the statutory instruments specified in Part 2 of Schedule 2;
|
|
‘Director’ means a Director of the Bank;
|
|
‘employee’, in relation to the Bank, includes the Secretary to the Bank;
|
|
‘enactment’ includes any instrument made under an enactment;
|
|
‘ESCB Statute’ means the Statute of the European System of Central Banks and of the European Central Bank as set out in Protocol (No. 3) (annexed by the Treaty on European Union done at Maastricht on February 1992) to the Rome Treaty;
|
|
‘financial futures and options exchange’ has the meaning given by section 97 of the Central Bank Act 1989 ;
|
|
‘financial services’ include financial products;
|
|
‘financial year’ means a period of 12 months ending on 31 December or, if the Minister, by order notified in Iris Oifigiúil, has prescribed a different period for the purposes of this Act, that other period;
|
|
‘function’ includes duty;
|
|
‘general fund’ means the general fund kept by the Bank under section 6G;
|
|
‘Governor’ means the person holding office as the Governor of the Bank, and includes—
|
|
(a) any person appointed to act as Governor in accordance with section 22, and
|
|
(b) the Director General of the Bank when carrying out responsibilities of the Governor in accordance with section 22A;
|
|
...
|
|