Commission of investigation (Irish Bank Resolution Corporation) Act 2016

Special liquidator under Irish Bank Resolution Corporation Act 2013

6. (1) Notwithstanding the Act of 2013 or any other enactment or rule of law, the special liquidator shall comply with all directions given to the special liquidator by the Commission under the Act of 2004 or this Act.

(2) Section 9 of the Act of 2013 is amended by the insertion of the following subsection:

“(2A) (a) The Minister may, for the purpose of enabling the Commission to perform its functions, give a direction to the special liquidator to do or refrain from doing any such act as is specified in the direction.

(b) A direction under paragraph (a) may include a requirement that the special liquidator waive legal professional privilege.

(c) A direction to which paragraph (b) applies shall not be given unless the chairperson of the Commission so requests and informs the Minister in writing that he or she is satisfied that the direction is—

(i) necessary to enable the Commission to perform its functions, and

(ii) in the public interest.

(d) In this subsection ‘Commission’ means the commission of investigation established by the Commission of Investigation (Irish Bank Resolution Corporation) Order 2015 ( S.I. No. 253 of 2015 ).”.

(3) In this section—

“Act of 2013” means the Irish Bank Resolution Corporation Act 2013 ;

“special liquidator” has the same meaning as it has in the Act of 2013.