Counterfeiting Act 2021

Amendment of section 39 of Act of 2001

10. Section 39 of the Act of 2001 is amended—

(a) in subsection (1)—

(i) by the substitution of the following definition for the definition of “designated body”:

“ ‘designated body’ means—

(a) a credit institution,

(b) within the limits of its payment activity, a payment service provider,

(c) An Post, and

(d) any other person engaged in the processing and distribution to the public of currency notes or coins, or both, including—

(i) a person whose activity consists of exchanging currency notes and coins of different currencies, including a person or body authorised under the Central Bank Act 1997 to carry on bureau de change business,

(ii) a transporter of funds, and

(iii) a person who is engaged on a secondary basis in the processing and distribution to the public of currency notes via automated teller machines (ATMs), within the limit of that secondary basis;”,


(ii) by the insertion of the following definitions:

“‘credit institution’ means a credit institution as defined in point (1) of Article 4(1) of Regulation (EU) No. 575/20138 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No. 648/2012;

‘transporter of funds’ has the same meaning as it has in Regulation (EC) No. 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting, as amended by Council Regulation (EC) No. 44/2009 of 18 December 2008;

‘payment service provider’ means a person referred to in Regulation 6(1) of the European Union (Payment Services) Regulations 2018 ( S.I. No. 6 of 2018 );”,

(b) by the insertion of the following subsection after subsection (1):

“(1A) A reference in this section to a note or coin does not include a reference to a note or coin that is denominated, or purports to be denominated, in euro or in cent.”,


(c) by the deletion of subsection (8).

8 OJ No. L 176, 27.06.2013, p.1