Finance (No. 2) Act 2008
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Revenue powers. |
92.— The Principal Act is amended— | |
(a) in section 891B(1) by substituting the following for paragraph (a) of the definition of “ financial institution ”: | ||
“(a) a person who holds or has held a licence under section 9 of the Central Bank Act 1971 , or a person who holds or has held a licence or other similar authorisation under the law of any other Member State of the European Communities which corresponds to a licence granted under that section,”, | ||
(b) in section 900 by substituting the following for subsection (4): | ||
“(4) Nothing in this section shall be construed as requiring any person to disclose to an authorised officer— | ||
(a) information with respect to which a claim to legal professional privilege could be maintained in legal proceedings, | ||
(b) information of a confidential medical nature, or | ||
(c) professional advice of a confidential nature given to a client (other than advice given as part of a dishonest, fraudulent or criminal purpose).”, | ||
(c) in section 901 by substituting the following for subsection (3): | ||
“(3) Nothing in this section shall be construed as requiring any person to disclose to an authorised officer— | ||
(a) information with respect to which a claim to legal professional privilege could be maintained in legal proceedings, | ||
(b) information of a confidential medical nature, or | ||
(c) professional advice of a confidential nature given to a client (other than advice given as part of a dishonest, fraudulent or criminal purpose).”, | ||
(d) in section 902 by substituting the following for subsection (9): | ||
“(9) Nothing in this section shall be construed as requiring any person to disclose to an authorised officer— | ||
(a) information with respect to which a claim to legal professional privilege could be maintained in legal proceedings, | ||
(b) information of a confidential medical nature, or | ||
(c) professional advice of a confidential nature given to a client (other than advice given as part of a dishonest, fraudulent or criminal purpose).”, | ||
(e) in section 902A by substituting the following for subsection (6): | ||
“(6) Nothing in this section shall be construed as requiring any person to disclose to an authorised officer— | ||
(a) information with respect to which a claim to legal professional privilege could be maintained in legal proceedings, | ||
(b) information of a confidential medical nature, or | ||
(c) professional advice of a confidential nature given to a client (other than advice given as part of a dishonest, fraudulent or criminal purpose).”, | ||
(f) in section 905(2) by substituting the following for paragraph (c): | ||
“(c) Nothing in this section shall be construed as requiring any person to disclose to an authorised officer— | ||
(i) information with respect to which a claim to legal professional privilege could be maintained in legal proceedings, | ||
(ii) information of a confidential medical nature, or | ||
(iii) professional advice of a confidential nature given to a client (other than advice given as part of a dishonest, fraudulent or criminal purpose).”, | ||
(g) in section 906A(1) by substituting the following for paragraph (a) of the definition of “ financial institution ”: | ||
“(a) a person who holds or has held a licence under section 9 of the Central Bank Act 1971 , or a person who holds or has held a licence or other similar authorisation under the law of any other Member State of the European Communities which corresponds to a licence granted under that section,”, | ||
(h) in section 908A(1) by substituting the following for paragraph (a) of the definition of “ financial institution ”: | ||
“(a) a person who holds or has held a licence under section 9 of the Central Bank Act 1971 , or a person who holds or has held a licence or other similar authorisation under the law of any other Member State of the European Communities which corresponds to a licence granted under that section,”, | ||
(i) in section 908B(1) by substituting the following for paragraph (a) of the definition of “ financial institution ”: | ||
“(a) a person who holds or has held a licence under section 9 of the Central Bank Act 1971 , or a person who holds or has held a licence or other similar authorisation under the law of any other Member State of the European Communities which corresponds to a licence granted under that section,”, | ||
(j) in section 1002(1) by substituting the following for the definition of “ financial institution ”: | ||
“ ‘ financial institution’ means — | ||
(a) a person who holds or has held a licence under section 9 of the Central Bank Act 1971 , or a person who holds or has held a licence or other similar authorisation under the law of any other Member State of the European Communities which corresponds to a licence granted under that section, | ||
(b) a person referred to in section 7(4) of the Central Bank Act 1971 , | ||
(c) a credit institution (within the meaning of the European Communities (Licensing and Supervision of Credit Institutions) Regulations 1992 ( S.I. No. 395 of 1992 )) which has been authorised by the Central Bank and Financial Services Authority of Ireland to carry on business of a credit institution in accordance with the provisions of the supervisory enactments (within the meaning of those Regulations), or | ||
(d) a branch of a financial institution which records deposits in its books as liabilities of the branch;”, | ||
and | ||
(k) in section 1078(3B) by inserting “within a period of 30 days commencing on the day the order is made” after “in subsection (3A)”. |