Trustee Savings Banks Act, 1989

Conditions of licences.

12.—(1) Subject to subsection (2), a licence shall be subject to such conditions, if any, as the Central Bank may impose and specify at the time of the grant thereof, being conditions that in the opinion of the Bank are calculated to promote the proper and orderly regulation of trustee savings banks.

(2) The conditions of a licence may be amended, revoked or added to, and conditions may be imposed in relation to a licence, from time to time by the Central Bank if, in the opinion of the Central Bank, the amendment, revocation, addition or imposition is calculated to promote the orderly and proper regulation of trustee savings banks.

(3) Whenever the Central Bank proposes to impose a condition in relation to a licence or to amend or add to the conditions of a licence—

(a) it shall notify in writing the persons who hold the licence or to whom the licence is intended to be granted of its intention to impose the condition or to amend or add to the conditions of the licence, as the case may be, and of its reasons for so doing and that they may, within 21 days of the giving of the notification, make representations in writing to the Central Bank in relation to the imposition, amendment or addition, as the case may be,

(b) the persons may make such representations to the Central Bank within the times aforesaid,

(c) the Central Bank shall, before deciding to impose the condition or amend or add to the conditions of the licence, consider any representations duly made to it under this subsection, and

(d) if any representations are duly made to the Central Bank under this subsection, it may, upon the expiration of the period of 21 days aforesaid, withdraw the proposal aforesaid or impose such a condition or effect such amendments of or additions to the conditions of the licence as, having regard to the representations, the Central Bank considers appropriate subject only to the proviso that the action taken by the Central Bank shall not be such as to render compliance with the conditions of the licence more onerous than it would have been if the conditions of the licence had been those contained in the licence at the time of the giving of the notification under paragraph (a) as amended or added to or otherwise affected in accordance with the notification.

(4) A person who fails or refuses to comply with a condition of a licence shall be guilty of an offence.