Central Bank Act, 1997

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Number 8 of 1997


CENTRAL BANK ACT, 1997


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, construction, collective citation and commencement.

2.

Interpretation.

3.

Laying of regulations and orders before Houses of the Oireachtas.

4.

Repeals.

PART II

Regulation of Payment Systems

5.

Definitions (Part II).

6.

Membership of payment system.

7.

Payment systems.

8.

Existing payment systems.

9.

Approval of rules.

10.

Refusal to approve of rules.

11.

Application of section 17 of Act of 1971.

12.

Failure to comply with conditions or requirements.

13.

Revocation of approval of rules of payment system.

14.

Offences.

15.

Imposition of requirements for membership.

16.

Amendment of section 26 of Act of 1971.

17.

Exemption of payment systems.

18.

Payment of fees.

19.

Prohibition of revocation of certain payments.

20.

Electronic settlement of accounts.

21.

Amendment of section 7 of Act of 1942.

22.

Power to make regulations for cross-border transfers.

PART III

Power of the Bank to Form or Acquire a Company

23.

Power of Bank to form or acquire a company.

PART IV

Functions and Duties of Governor of Bank

24.

Functions and duties of Governor.

25.

Amendment of section 8 of Act of 1942.

26.

Amendment of section 19 of Act of 1942.

27.

Application of section 20 of Act of 1942.

PART V

Supervision of Bureaux de Change

28.

Definitions (Part V).

29.

Prohibition of carrying on of bureau de change functions.

30.

Requirements or conditions for bureaux de change.

31.

Application of section 17 of Act of 1971 to bureaux de change.

32.

Failure by bureaux de change to comply with requirements or conditions.

33.

Publication of names.

34.

Offences and penalties.

35.

Revocation of authorisations.

36.

Amendment of Consumer Credit Act, 1995 .

PART VI

Amendments to Investment Intermediaries Act, 1995

37.

Amendment of section 4 of Investment Intermediaries Act, 1995.

38.

Amendment of section 8 of Investment Intermediaries Act, 1995.

39.

Amendment of section 10 of Investment Intermediaries Act, 1995.

40.

Amendment of section 20 of Investment Intermediaries Act, 1995.

41.

Amendment of section 22 of Investment Intermediaries Act, 1995.

42.

Amendment of section 25 of Investment Intermediaries Act, 1995.

43.

Amendment of section 26 of Investment Intermediaries Act, 1995.

44.

Amendment of section 27 of Investment Intermediaries Act, 1995.

45.

Amendment of section 28 of Investment Intermediaries Act, 1995.

46.

Amendment of section 29 of Investment Intermediaries Act, 1995.

47.

Amendment of section 31 of Investment Intermediaries Act, 1995.

48.

Amendment of section 64 of Investment Intermediaries Act, 1995.

49.

Amendment of section 78 of Investment Intermediaries Act, 1995.

PART VII

Miscellaneous

50.

Amendment of section 24 of Act of 1942.

51.

Amendment of section 28 of Act of 1942.

52.

Amendment of section 16 of Act of 1989.

53.

Application of section 47 of Act of 1989.

54.

Amendment of section 48 of Act of 1989.

55.

Amendment of section 75 of Act of 1989.

56.

Amendment of section 76 of Act of 1989.

57.

Amendment of section 90 of Act of 1989.

58.

Amendment of section 91 of Act of 1989.

59.

Amendment of section 92 of Act of 1989.

60.

Amendment of section 3(2) of Consumer Credit Act, 1995.

61.

Amendment of Part II, Chapter VII of Act of 1989.

62.

Amendment of section 104 of Act of 1989.

63.

Amendment of section 139 of Act of 1989.

64.

Amendment of section 3 of Bretton Woods Agreements Act, 1957.

65.

Amendment of section 3 of International Finance Corporation Act, 1958.

66.

Amendment of section 3 of International Development Association Act, 1960.

67.

Amendment of section 3 of Multilateral Investment Guarantee Agency Act, 1988.

68.

Amendment of section 3 of European Bank for Reconstruction and Development Act, 1991.

69.

Amendment of Part II, Chapter II of Act of 1989.

70.

Amendment of Act of 1971.

71.

Amendment of section 11 of Act of 1971.

72.

Amendment of section 48 of Act of 1971.

73.

Amendment of section 51 of Act of 1971.

74.

Injunction to prevent an unauthorised person acting as a credit institution.

75.

Powers of inspection.

76.

Search and seizure.

77.

Examination by Comptroller and Auditor General.

78.

Amendment of Building Societies Act, 1989.

79.

Information to be supplied by mortgage lenders.

80.

Amendment of Trustee (Authorised Investments) Act, 1958.

81.

Amendment of European Communities (Deposit Guarantee Schemes) Regulations, 1995.

82.

References to company in ICC Bank Act, 1992

83.

Amendment of Stock Transfer Act, 1963.

84.

Representative offices.

85.

Amendment of Decimal Currency Act, 1969.

SCHEDULE

PART I

Repeals

PART II

Revocation


Acts Referred to

ACC Bank Act, 1992

1992, No. 6

Bretton Woods Agreements Act, 1957

1957, No. 18

Building Societies Act, 1989

1989, No. 17

Central Bank Acts, 1942 to 1989

Companies Acts, 1963 to 1990

Companies (Amendment) Act, 1977

1977, No. 31

Companies (Amendment) Act, 1986

1986, No. 25

Comptroller and Auditor General (Amendment) Act, 1993

1993, No. 8

Consumer Credit Act, 1995

1995, No. 24

Criminal Justice Act, 1994

1994, No. 15

Data Protection Act, 1988

1988, No. 25

Decimal Currency Act, 1969

1969, No. 23

European Bank for Reconstruction and Development Act, 1991

1991, No. 1

Finance Act, 1980

1980, No. 14

Finance Act, 1981

1981, No. 16

Finance Act, 1986

1986, No. 13

Finance Act, 1987

1987, No. 10

ICC Bank Act, 1992

1992, No. 21

Insurance Act, 1989

1989, No. 3

International Development Association Act, 1960

1960, No. 35

International Finance Corporation Act, 1958

1958, No. 22

Investment Intermediaries Act, 1995

1995, No. 11

Investment Limited Partnerships Act, 1994

1994, No. 24

Multilateral Investment Guarantee Agency Act, 1988

1988, No. 32

Netting of Financial Contracts Act, 1995

1995, No. 25

Pensions Acts, 1990 to 1996

Public Offices Fees Act, 1879

42 & 43 Vict., c. 58

Statistics Act, 1993

1993, No. 21

Stock Exchange Act, 1995

1995, No. 9

Stock Transfer Act, 1963

1963, No. 21

Trustee Act, 1893

56 & 57 Vict., c. 53

Trustee (Authorised Investments) Act, 1958

1958, No. 8

Trustee Savings Banks Act, 1989

1989, No. 21

Unit Trusts Act, 1990

1990, No. 37

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Number 8 of 1997


CENTRAL BANK ACT, 1997


AN ACT TO MAKE PROVISION FOR THE REGULATION BY THE CENTRAL BANK OF IRELAND OF PAYMENT SYSTEMS AND BUREAUX de CHANGE, AND TO AMEND AND EXTEND THE CENTRAL BANK ACTS, 1942 TO 1989 AND OTHER ENACTMENTS, AND TO PROVIDE FOR RELATED MATTERS. [31st March, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: