Central Bank (Supervision and Enforcement) Act 2013

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Powers of authorised officer.

27.— (1) An authorised officer may do any one or more of the following:

(a) search and inspect premises entered under section 26 or pursuant to a warrant under section 28 ;

(b) require a person to whom this Part applies who apparently has control of, or access to, records, to provide the records;

(c) summon, at any reasonable time, a person to whom this Part applies—

(i) to give to the authorised officer such information as the authorised officer may reasonably require,

(ii) to provide to the authorised officer any records which the person has control of, or access to, and which the authorised officer may reasonably require, or

(iii) to provide an explanation of a decision, course of action, system or practice or the nature or content of any records provided under this section;

(d) inspect records so provided or found in the course of searching and inspecting premises;

(e) take copies of or extracts from records so provided or found;

(f) subject to subsection (3), take and retain records so provided or found for the period reasonably required for further examination;

(g) secure, for later inspection, any records so provided or found and any data equipment, including any computer, in which those records may be held;

(h) secure, for later inspection, premises entered under section 26 or pursuant to a warrant under section 28 , or any part of such premises, for such period as may reasonably be necessary for the purposes of the exercise of his or her powers under this Chapter, but only if the authorised officer considers it necessary to do so in order to preserve for inspection records that he or she reasonably believes may be kept there;

(i) require a person to whom this Part applies to answer questions and to make a declaration of the truth of the answers to those questions;

(j) require a person to whom this Part applies to provide an explanation of a decision, course of action, system or practice or the nature or content of any records;

(k) require a person to whom this Part applies to provide a report on any matter about which the authorised officer reasonably believes the person has relevant information;

(l) if a person to whom this Part applies who is required to provide a particular record is unable to provide it, require the person to state, to the best of that person's knowledge and belief, where the record is located or from whom it may be obtained;

(m) require that any information given to an authorised officer under this Chapter is to be certified as accurate and complete by such person or persons and in such manner as the Bank or the authorised officer may require.

(2) Where records are not in legible form, an authorised officer, in the exercise of any of his or her powers under this Chapter, may—

(a) operate any data equipment, including any computer, or cause any such data equipment or computer to be operated by a person accompanying the authorised officer, and

(b) require any person who appears to the authorised officer to be in a position to facilitate access to the records stored in any data equipment or computer or which can be accessed by the use of that data equipment or computer to give the authorised officer all reasonable assistance in relation to the operation of the data equipment or computer or access to the records stored in it, including—

(i) providing the records to the authorised officer in a form in which they can be taken and in which they are, or can be made, legible and comprehensible,

(ii) giving to the authorised officer any password necessary to make the records concerned legible and comprehensible, or

(iii) otherwise enabling the authorised officer to examine the records in a form in which they are legible and comprehensible.

(3) Where the Bank or an authorised officer proposes to retain, pursuant to this section, any records taken by the authorised officer under subsection (1) for a period longer than 14 days after the date on which the records are taken, the Bank or the authorised officer shall, before the end of that period of 14 days, or such longer period as the person concerned may agree, furnish, on request, a copy of the records to the person who it appears to the Bank or the authorised officer, but for the exercise of the powers under this section, is entitled to possession of it.

(4) A person to whom this Part applies shall give to an authorised officer such assistance as the authorised officer may reasonably require and make available to the authorised officer such reasonable facilities as are necessary for the authorised officer to exercise his or her powers under this Chapter including such facilities for inspecting and taking copies of any records as the authorised officer reasonably requires.

(5) Subject to any warrant issued under section 28 , an authorised officer may be accompanied, and assisted in the exercise of the officer’s powers under this Chapter, by such other authorised officers, members of the Garda Síochána or other persons as the authorised officer reasonably considers appropriate.

(6) An authorised officer may require a person to provide him or her with his or her name and address where—

(a) the authorised officer has reasonable grounds for believing that the person—

(i) is committing or has committed an offence under financial services legislation,

(ii) is committing or has committed a prescribed contravention, or

(iii) has deliberately concealed or destroyed evidence, or is deliberately concealing or destroying evidence, or is likely to deliberately conceal or destroy evidence, of such an offence or a prescribed contravention,

or

(b) the authorised officer has reasonable grounds for requiring such information for the purpose of applying for a warrant under this Chapter.