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Amendment of section 33BC of Act of 1942
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64. Section 33BC of the Act of 1942 is amended—
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(a) by the substitution of the following subsections for subsections (1) to (3):
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“(1) If, under section 33AQ(1) or (2), the Bank has found that—
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(a) a person is committing or has committed a prescribed contravention, or
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(b) a person is participating or has participated, while performing a relevant controlled function, in the commission of a prescribed contravention by a regulated financial service provider,
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it shall, subject to subsection (4), after complying with section 33AQ(7) or (8), as the case may be, publish in such form and manner as it thinks appropriate the finding and such (if any) of the particulars specified in subsection (3) as it thinks appropriate.
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(2) If the Bank has imposed a sanction under section 33AQ(3) or (5) or 33AR, it shall, subject to subsection (4), after complying with section 33AQ(7) or (8) or 33AR(8), as the case may be, publish in such form and manner as it thinks appropriate, such (if any) of the particulars specified in subsection (3) as it thinks appropriate.
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(3) The particulars referred to in subsections (1) and (2) are:
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(a) the name of the person to whom the finding relates or on whom the sanction is imposed;
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(b) the grounds on which the finding is based;
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(c) details of the prescribed contravention in respect of which the sanction has been imposed;
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(d) details of the sanction imposed.”,
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(b) by the insertion of the following subsection after subsection (3):
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“(3A) If the Bank has entered into an agreement with a person under section 33AV, it may publish, subject to subsection (4), in such form and manner as it thinks appropriate, such (if any) of the following particulars as it thinks appropriate:
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(a) the name of the person;
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(b) details of the prescribed contravention which the Bank suspects is being or has been committed or participated in;
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(c) details of any sanction whose imposition is accepted under the agreement.”,
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and
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(c) in subsection (4), by the substitution of the following for paragraph (a) and the words before it:
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“(4) Subsections (1), (2) and (3A) do not apply to a finding or particulars—
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(a) if publication of the finding or particulars involves a disclosure of confidential information which the Rome Treaty, the ESCB Statute or any of the supervisory EU legal acts (within the meaning of section 33AK) prohibits or requires to be prohibited, or”.
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