Investment Intermediaries Act, 1995

Amendment of section 16 of Central Bank Act, 1989.

49.—(1) Section 16 of the Central Bank Act, 1989 , is hereby amended by—

(a) the insertion after subsection (2)(l) (inserted by the Stock Exchange Act, 1995 ) of:

“(m) made to any approved professional body in respect of certified persons, for the purpose of monitoring compliance by investment business firms with rules or with conditions or requirements imposed by the Bank or by a supervisory authority (as defined in the Investment Intermediaries Act, 1995) or both, or where the Bank considers it necessary to do so for the proper and orderly regulation of investment business firms, or made to any supervisory authority,

(n) made to a Committee appointed under section 74 of the Investment Intermediaries Act, 1995, or to a person nominated or approved of by a supervisory authority in accordance with section 51 (2) of the Investment Intermediaries Act, 1995,

(o) made to an inspector appointed by the Court under Part VIII of the Investment Intermediaries Act, 1995”,

(b) the deletion of subsection (6) (inserted by the Stock Exchange Act, 1995 ), and the insertion of the following subsection:

“(6) In this section, ‘statutory functions’ has the meaning assigned to it by section 2 of the Investment Intermediaries Act, 1995.”, and

(c) the insertion in subsection (2) (d) of “or insurance undertakings”, after “charged by law with the supervision of financial institutions (whether or not entitled to take money on deposit from the public)”.

(2) Notwithstanding section 16 of the Central Bank Act, 1989 , a supervisory authority, where it has reasonable cause to believe that a criminal offence has been committed, may disclose to the Garda Síochána any information to enable further investigation of the alleged offence.