Asset Covered Securities (Amendment) Act 2007

Amendment of section 5 of Principal Act.

4.— Section 5 of the Principal Act is amended—

(a) in subsection (1)—

(i) by substituting “is any one of the following:” for “is—”,

(ii) by substituting the following for paragraphs (a) to (f):

“(a) central governments, central banks, public sector entities, regional governments or local authorities in the State or in any other EEA country,

(b) central governments and central banks in Australia, Canada, Japan, New Zealand, the Swiss Confederation, the United States of America or a country specified in an order made under subsection (3),

(c) public sector entities, regional governments and local authorities in Australia, Canada, Japan, New Zealand, the Swiss Confederation, the United States of America or a country specified in an order made under subsection (3),

(d) (i) multilateral development banks which qualify as such for the purposes of the Codified Banking Directive, or

(ii) international organisations which qualify as such for the purposes of the Codified Banking Directive,

(e) central governments, central banks, public sector entities, regional governments or local authorities in a category B country, or

(f) any other entity established in a country to which paragraph (a), (b) or (e) relates that is prescribed by order of the Minister for the purposes of this section.”,

(b) in subsection (2), by inserting “an interest in” after “represents”,

(c) by substituting the following for subsection (3):

“(3) The Minister may, by order notified in Iris Oifigiúil, specify, for the purposes of paragraph (b) or (c) of subsection (1), a country other than—

(a) a country referred to in the paragraph concerned, or

(b) an EEA country.”,

(d) by deleting subsections (4) and (5), and

(e) by substituting the following for subsections (7) and (8):

“(7) Subject to subsection (8), where, but for this subsection, a credit qualifies in part only as a public credit, a designated public credit institution may treat all of that credit as public credit for the purposes of this Act.

(8) For the purposes of—

(a) section 47(8) and (11),

(b) any contractual undertaking referred to in section 47(13) of the institution, or

(c) section 56(1),

a designated public credit institution shall not treat, as public credit pursuant to subsection (7), any part of any credit which would not qualify as public credit but for that subsection.”.