CENTRAL BANK (SUPERVISION AND ENFORCEMENT) ACT 2013

• Jurisdiction: Ireland
• Citation: IR No. 26/2013

• Full Act
• Act by Section
• Act As Enacted
• Amendments
• PDF annotated
• PDF unannotated

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Number 26 of 2013

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CENTRAL BANK (SUPERVISION AND ENFORCEMENT) ACT 2013

REVISED

Updated to 23 January 2023

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This Revised Act is an administrative consolidation of the Central Bank (Supervision And Enforcement) Act 2013. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, and all statutory instruments up to and including the Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Investment Firms) Regulations 2023 (S.I. No. 10 of 2023), made 23 January 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 26 of 2013

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CENTRAL BANK (SUPERVISION AND ENFORCEMENT) ACT 2013

REVISED

Updated to 23 January 2023

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Central Bank Acts 1942 to 2018: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Consumer Protection (Regulation of Credit Servicing Firms) Act 2018 (36/2018), s. 3(2)). The Acts in this group are:

• Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Act 2022 (5/2022)

• Central Bank Act 1942 (22/1942)

• Central Bank Act 1961 (8/1961)

• Central Bank Act 1971 (24/1971)

• Central Bank Act 1989 (16/1989), Part II

• Central Bank Act 1997 (8/1997), other than ss. 3, 36 to 49, 60, 64 to 68, 78 to 83 and 85

• Central Bank Act 1998 (2/1998)

• Euro Changeover (Amounts) Act 2001 (16/2001), s. 5 and s. 9(4)

• Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003)

• Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004)

• National Asset Management Agency Act 2009 (34/2009), s. 1(4), s. 232 and sch. 3 part 2

• Central Bank Reform Act 2010 (23/2010)

• Central Bank and Credit Institutions (Resolution) Act 2011 (27/2011)

• Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 36, 37, 48(2) and 56(3), Part 5 (in so far as it amends Central Bank Acts 1942 to 2011), and schs. 2 and 3 (in so far as they amend Central Bank Acts 1942 to 2011)

• Central Bank (Supervision and Enforcement) Act 2013 (26/2013) (other than s. 5 in so far as it relates to schs. 3 and 4, and ss. 75 to 78, 80 to 87 and 89 to 94)

• Central Bank Act 2014 (9/2014), s. 1

• Consumer Protection (Regulation of Credit Servicing Firms) Act 2015 (21/2015), other than s. 8

• Consumer Protection (Regulation of Credit Servicing Firms) Act 2018 (36/2018)

Acts previously included in the group but now repealed are:

• Central Bank Act 1964 (3/1964)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Act 2022 (5/2022)

• Central Bank (National Claims Information Database) Act 2018 (42/2018)

• Financial Services and Pensions Ombudsman Act 2017 (22/2017)

• Consumer Protection (Regulation of Credit Servicing Firms) Act 2015 (21/2015)

• Workplace Relations Act 2015 (16/2015)

• Protected Disclosures Act 2014 (14/2014)

• Central Bank Act 2014 (9/2014)

• Credit Reporting Act 2013 (45/2013)

• Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (6/2010)

All Acts up to and including Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Investment Firms) Regulations 2023 (S.I. No. 10 of 2023)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Housing Loan Requirements) Regulations 2022 (S.I. No. 546 of 2022)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Minimum Competency) (Amendment) Regulations 2022 (S.I. No. 234 of 2022)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Insurance Requirements) Regulations 2022 (S.I. No. 126 of 2022)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Investment Firms) (Amendment) Regulations 2022 (S.I. No. 45 of 2022)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Housing Loan Requirements) (Amendment) Regulations 2021 (S.I. No. 666 of 2021)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Recovery Plan Requirements for Insurers) Regulations 2021 (S.I. No. 184 of 2021)

• European Union (Capital Requirements) (Amendment) Regulations 2020 (S.I. No. 710 of 2020)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Licensed Moneylenders) Regulations 2020 (S.I. No. 196 of 2020)

• Central Bank (Supervision And Enforcement) Act 2013 (Section 48) (Housing Loan Requirements) (Amendment) Regulations 2019 (S.I. No. 369 of 2019)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Undertakings for Collective Investment in Transferable Securities) Regulations 2019 (S.I. No. 230 of 2019)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Lending to Small and Medium-Sized Enterprises) (Amendment) Regulations 2018 (S.I. No. 18 of 2018)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Investment Firms) Regulations 2017 (S.I. No. 604 of 2017)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Housing Loan Requirements) (Amendment) Regulations 2017 (S.I. No. 559 of 2017)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) Minimum Competency Regulations 2017 (S.I. No. 391 of 2017)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Undertakings for Collective Investment in Transferable Securities) (Amendment) Regulations 2017 (S.I. No. 344 of 2017)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Investment Firms) Regulations 2017 (S.I. No. 60 of 2017)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Housing Loan Requirements) (Amendment) Regulations 2016 (S.I. No. 568 of 2016)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Undertakings for Collective Investment in Transferable Securities) (Amendment) Regulations 2016 (S.I. No. 307 of 2016)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Lending to Small and Medium-Sized Enterprises) (Amendment) Regulations 2016 (S.I. No. 280 of 2016)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Insurance Undertakings National Specific Templates Reporting Arrangements) Regulations 2016 (S.I. No. 159 of 2016)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) Investor Money Regulations for Fund Service Providers (Amendment) Regulations 2016 (S.I. No. 87 of 2016)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Lending to Small and Medium-Sized Enterprises) Regulations 2015 (S.I. No. 585 of 2015)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Undertakings for Collective Investment in Transferable Securities) Regulations 2015 (S.I. No. 420 of 2015)

• European Union (Bank Recovery and Resolution) Regulations 2015 (S.I. No. 289 of 2015)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) Investor Money Regulations 2015 for Fund Service Providers (S.I. No. 105 of 2015)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) Client Asset Regulations 2015 (S.I. No. 104 of 2015)

• Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Housing Loan Requirements) Regulations 2015 (S.I. No. 47 of 2015)

• Protected Disclosures Act 2014 (Section 7(2)) Order 2014 (S.I. No. 339 of 2014)

• European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014)

• Central Bank (Supervision and Enforcement) Act 2013 (Section...