S.I. No. 486/2016 - Credit Reporting Act 2013 (Section 11) (Provision of Information for Central Credit Register) Regulations 2016.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd September, 2016.

In exercise of the powers conferred on it by section 11 of the Credit Reporting Act 2013 (No. 45 of 2013), the Central Bank of Ireland, with the consent of the Minister for Finance, hereby makes the following regulations:

Part 1

PRELIMINARY AND GENERAL

Citation and Commencement

1. (1) These Regulations may be cited as the Credit Reporting Act 2013 (Section 11) (Provision of Information for Central Credit Register) Regulations 2016.

(2) These Regulations come into operation on 30 June 2017.

Interpretation

2. (1) In these Regulations:

“Act of 2013” means the Credit Reporting Act 2013 (No. 45 of 2013);

“Bank” means the Central Bank of Ireland;

“consumer” has the meaning assigned to it by section 2 (1) of the Consumer Credit Act 1995 (No. 24 of 1995);

“moneylender” has the meaning assigned to it by section 2 (1) of the Consumer Credit Act 1995 (No. 24 of 1995);

“qualifying credit agreement” has the meaning assigned to it by section 11(5) of the Act of 2013;

“qualifying credit application” has the meaning assigned to it by section 11(5) of the Act of 2013;

“Register” means the Central Credit Register established under section 5 of the Act of 2013.

(2) A word or expression used in these Regulations has the same meaning in these Regulations as it has in the Act of 2013.

Part 2

PERSONAL INFORMATION

Personal information to be provided to Bank

3. A credit information provider shall, in accordance with such guidelines as may be published by the Bank, provide to the Bank such personal information relating to—

(a) any qualifying credit application made to the credit information provider on or after the date of commencement of these Regulations and to the credit information subject by whom the application was made, and

(b) any qualifying credit agreement made by the credit information provider, whether before or after the date of commencement of these Regulations, and in force on or after that date and to the credit information subject with whom the qualifying credit agreement was made or any credit information subject who is a guarantor in connection with the credit agreement,

as is specified in Schedule 1 and is applicable.

Form in which personal information to be provided

4. The information to which Regulation 3 refers shall be provided to the Bank electronically in the form set out in the First Schedule or in a form to the like effect as specified by the Bank.

When personal information to be provided

5. (1) A credit information provider (not being a local authority or a moneylender) shall provide the personal information required to be provided to the Bank by Regulation 3 and relating to any credit information subject that is a consumer—

(a) at any time after the date of commencement of these Regulations and before 31 December 2017 or such later date as the Bank may specify, and

(b) thereafter at such periodic intervals as the Bank may specify.

(2) A credit information provider being a local authority or a moneylender shall provide the personal information required to be provided to the Bank by Regulation 3 and relating to any credit information subject that is a consumer—

(a) at any time after the date of commencement of these Regulations and before 30 September 2018 or such later date as the Bank may specify, and

(b) thereafter at such periodic intervals as the Bank may specify.

(3) A credit information provider shall provide the personal information required to be provided to the Bank by Regulation 3 and relating to any credit information subject that is a guarantor—

(a) at any time after the date of commencement of these Regulations and before 30 September 2019 or such later date as the Bank may specify, and

(b) thereafter at such periodic intervals as the Bank may specify.

(4) A credit information provider shall provide to the Bank the personal information required to be provided by Regulation 3 and relating to all other credit information subjects—

(a) at any time after the date of commencement of these Regulations and before 30 September 2018 or such later date as the Bank may specify, and

(b) thereafter at such periodic intervals as the Bank may specify.

Requirements as to verification in connection with personal information

6. A credit information provider shall—

(a) take all reasonable steps to ensure the accuracy of the personal information provided to the Bank pursuant to Regulation 3, and

(b) inform the Bank of any changes to the personal information provided to the Bank pursuant to Regulation 3 of which it becomes aware.

Part 3

CREDIT INFORMATION

Credit information to be provided to Bank

7. A credit information provider shall, in accordance with such guidelines as may be published by the Bank, provide to the Bank such credit information relating to—

(a) any qualifying credit application made to the credit information provider on or after the date of commencement of these Regulations, and to the credit information subject by whom the application was made, and

(b) any qualifying credit agreement made by the credit information provider, whether before or after the date of commencement of these Regulations and in force on or after that date, and to the credit information subject with whom the qualifying credit agreement was made or any credit information subject who is a guarantor in connection with the credit agreement,

as is specified in Schedule 2 and is applicable.

Form in which credit information to be provided

8. The information to which Regulation 7 refers shall be provided to the Bank electronically in the form set out in Schedule 2 or in a form to the like effect as specified by the Bank.

When credit information to be provided

9. (1) A credit information provider (not being a local authority or a moneylender) shall provide the credit information required to be provided to the Bank by Regulation 7 and relating to any credit information subject that is a consumer—

(a) at any time after the date of commencement of these Regulations and before 31 December 2017 or such later date as the Bank may specify, and

(b) thereafter at such periodic intervals as the Bank may specify.

(2) A credit information provider being a local authority or a moneylender shall provide the credit information required to be provided to the Bank by Regulation 7 and relating to any credit information subject that is a consumer—

(a) at any time after the date of commencement of these Regulations and before 30 September 2018 or such later date as the Bank may specify, and

(b) thereafter at such periodic intervals as the Bank may specify.

(3) A credit information provider shall provide the credit information required to be provided to the Bank by Regulation 7 and relating to any credit information subject that is a guarantor—

(a) at any time after the date of commencement of these Regulations and before 30 September 2019 or such later date as the Bank may specify, and

(b) thereafter at such periodic intervals as the Bank may specify.

(4) A credit information provider shall provide the credit information required to be provided to the Bank by Regulation 7 and relating to all other credit information subjects—

(a) at any time after the date of commencement of these Regulations and before 30 September 2018 or such later date as the Bank may specify, and

(b) thereafter at such periodic intervals as the Bank may specify.

Requirements as to verification in connection with credit information

10. A credit information provider shall—

(a) take all reasonable steps to ensure the accuracy of the credit information provided to the Bank pursuant to Regulation 7, and

(b) inform the Bank of any changes to the credit information provided to the Bank pursuant to Regulation 7 of which it becomes aware.

Schedule 1

Regulation 3

Personal Information to be Provided, as Applicable

Personal Information in respect of individuals

Forename

Surname

Gender

Date of Birth

Address

Postal Code

Eircode

Personal Public Service Number

Other Tax Reference Numbers

Telephone Number

Sector of Economic Activity

Employment: Employment Status

Employment: Occupation Category

Institutional Sector — ESA Flag

Subject Status — Deceased Flag

Personal Information in respect of individuals carrying on activities otherwise than as an employee (in addition to the information above)

Business or Trade Name

Business or Trade Address

Postal Code

Eircode

Companies Registration Office (CRO)

Registration Number (or equivalent)

Tax Reference Number

Business Trade Telephone Number

Personal Information in respect of credit information subjects who are not individuals

Legal Name of Entity

Trading or Business Name

Nature of the Entity (Entity Type)

Sector of Economic Activity

Enterprise Size — MSML Sectoral Flag

Institutional Sector — ESA flag

Address

Postal Code

Eircode

Companies Registration Office (CRO)

Registration Number (or equivalent)

Tax Reference Number

Telephone Number

Legal Entity Identifier (LEI)

Schedule 2

Regulation 7

Credit Information to be Provided, as Applicable

Credit Information in respect of all applications and agreements

Provider Credit Information Subject (CIS) No.

Address Status: Not Contactable (CIS in arrears)

Consumer Flag

Credit Information in respect of Groups of Individuals (Partnerships, Clubs, Others)

Provider CIS No. (Parent — Partnership, Club, Other)

Role of the Parent (Partnership, Club, Other)

Provider CIS No. (Child — Partner, Trustee, Other)

Credit Information in respect of Other Credit Performance events

Credit Event Code

Credit Event Detail

Credit Event Date

Credit Information for Instalment Contracts

Role of CIS

Provider Contract No.

Product Type

Contract Phase

Credit Status

Currency

Original Currency

First Date of Drawdown (Start Date)

Contract Request Date

Maturity Date

Contract End

Actual Date

Payment Made Date

Restructure Event

Reorganised Credit Code

Interest Rate Type

Interest Rate

Financed Amount

Total Number of Planned Payments

Payment Frequency

Payment Method

Repayment Type

Purpose Type Exposure Class

Monthly Payment Due

Payment Made

First Payment Date

Next Payment Date

Next Payment Amount

Outstanding Payments Number

Outstanding Balance

Number of Payments Past Due

Amount Past Due

Days Past Due

Provider Guarantor CIS No.

Guarantee Start Date

Guarantee End Date

Collateral or Security Type

Personal Recourse Type

Personal Recourse Value

Credit Information for Non-Instalment Contracts

Role of CIS

Provider Contract No.

Product Type

Contract Phase

Credit Status

Currency

Original Currency

First Date of Drawdown (Start Date)

Contract Request Date

Maturity Date

Contract End Actual Date

Payment Made Date

Restructure Event

Reorganised Credit Code

Interest Rate Type

Interest Rate Credit Limit

Outstanding Balance Purpose Type

Exposure Class

Provider Guarantor CIS No.

Guarantee Start Date

Guarantee End Date

Collateral or Security Type

Personal Recourse Type

Personal Recourse Value

Credit Information for Credit Cards

Role of CIS

Provider Contract No.

Product Type

Contract Phase

Credit Status

Currency

Original Currency

First Date of Drawdown (Start Date)

Contract Request Date

Maturity Date

Contract End Actual Date

Payment Made Date

Restructure Event

Reorganised Credit Code

Interest Rate Type

Interest Rate Credit Limit

Payment Frequency

Payment Method

Purpose Type

Payment Made

Next Payment Date

Next Payment Amount

Outstanding Balance

Number of Payments Past Due

Amount Past Due

Days Past Due

Charged Amount

Last Charge Date

Min. Payment Indicator

Min. Payment Percentage

Provider Guarantor CIS No.

Guarantee Start Date

Guarantee End Date

Collateral or Security Type

Personal Recourse Type

Personal Recourse Value

The Minister for Finance consents to the making of these Regulations.

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GIVEN under my Official Seal,

16 September 2016.

MICHAEL NOONAN,

Minister for Finance.

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Signed for and on behalf of the CENTRAL BANK OF IRELAND,

20 September 2016.

PHILIP LANE,

Governor of the Central Bank of Ireland.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Regulations made under section 11 of the Credit Reporting Act 2013 prescribe the personal and credit information to be provided to the Central Credit Register by credit information providers and associated matters such as the form and when such information is to be provided.