Credit Reporting Act 2013

PART 5

Enforcement

Enforcement

27. (1) The Central Bank Act 1942 is amended in Part 1 of Schedule 2 by inserting the following—

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(2) The amendment made by subsection (1) shall not have effect to cause a person to be a regulated financial services provider for the purposes of the Central Bank Act 1942 , this Act or any other enactment.

(3) If the Bank considers that a credit information provider to whom this subsection applies has failed, or is failing, to comply with any obligation imposed by this Act, the Bank may direct the credit information provider to take specified steps to comply with the obligation.

(4) Subsection (3) applies to a credit information provider other than—

(a) a regulated financial services provider,

(b) NAMA, and

(c) a local authority.

(5) If the Bank considers that a credit information provider has failed, or is failing, to comply with a direction under subsection (3) the Bank may make an application to the High Court, and the High Court may, on such an application, make an order requiring the credit information provider to comply with the direction.

(6) If the Bank considers that NAMA has failed, or is failing, to comply with any obligation imposed by this Act, the Bank may give notice to the Minister, giving its reasons for so considering.

(7) On receipt of a notice under subsection (6), the Minister may direct NAMA to take specified steps to comply with the obligation and NAMA shall comply with the direction.

(8) If the Bank considers that a local authority has failed, or is failing, to comply with any obligation imposed by this Act, the Bank may give notice to the Minister and the Minister for the Environment, Community and Local Government, giving its reasons for so considering.

(9) On receipt of a notice under subsection (8), the Minister for the Environment, Community and Local Government may direct the local authority to take specified steps to comply with the obligation and the local authority shall comply with the direction.