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Central Bank (Supervision and Enforcement) Act 2013 (No. 26)Introductory TextActs Referred toPart 1 Preliminary (ss. 1-6)1. Short title, collective citation and construction.2. Commencement.3. Interpretation.4. Repeals and revocations.5. Amendments.6. Savings and transitional provisions.Part 2 Provision of Report to Bank (ss. 7-20)7. Interpretation (Part 2).8. Persons to whom this Part applies.9. Giving of notice to reviewee to provide a report.10. Matters to which Bank shall have regard before giving notice under section 9.11. The reviewer.12. Contract with reviewer.13. Cost of report.14. Assisting the reviewer.15. Duty of reviewee to ensure performance of reviewer's functions.16. Reviewer to provide explanation to the Bank.17. Bank not bound by report nor liable for it.18. Offence of providing false information to a reviewer.19. Bank may apply to High Court for an order.20. Guidelines for reviewees and reviewers.Part 3 Information, etc. (ss. 21-34)Chapter 1 Introductory (s. 21)21. Persons to whom this Part applies.Chapter 2 Bank's power to gather information, etc. (ss. 22-23)22. Power of Bank to require information, records, plans, etc.23. Form of information, etc.Chapter 3 Authorised officers (ss. 24-29)24. Appointment of authorised officers.25. Warrant of appointment.26. Power of authorised officer to enter premises.27. Powers of authorised officer.28. Warrant required to enter premises.29. Authorised officer may attend meetings.Chapter 4 Supplementary (ss. 30-34)30. Provision of information, record or other document not to be treated as breach or to affect lien.31. Failure to comply with a requirement.32. Offence.33. Privileged legal material.34. Use of information.Part 3A Voluntary disclosure of privileged legal material (ss. 34A-34B)34A. Voluntary disclosure of privileged legal material34B. Determination by court as to whether legal professional privilege appliesPart 4 Auditor Assurance (ss. 35-36)35. Amendment of Central Bank Act 1997.36. Amendment of section 27G of Central Bank Act 1997.Part 5 Protection for Persons Reporting Breaches (ss. 37-42)37. Definitions (Part 5).38. Protected disclosure.39. Guidelines for persons referred to in section 38(2)(a).40. Protection from civil liability of persons who have made a protected disclosure.41. Protection of employees from penalisation for making a protected disclosure.42. Tortious liability of person for victimisation.Part 6 Customer Protection (ss. 43-44)43. Bank's power to direct redress for customers.44. Actions for damages.Part 7 Bank's Power to Give Directions (ss. 45-47A)45. Bank's power to give directions.46. Prior approval of High Court for certain proceedings.47. Bank may apply to High Court for orders enforcing directions.47A. Financial holding companies and mixed financial holding companies.Part 8 Bank's Power to Make Regulations (ss. 48-51)48. Bank's power to make regulations.49. Consultation before making regulations.50. Matters to which Bank to have regard when making regulations.50A. Assessment of costs and benefits of regulations.51. Supplementary provisions relating to regulations.Part 9 Enforcement (ss. 52-58)52. High Court enforcement orders on application by Bank.53. Notices to the public.54. Restitution orders.55. Prosecution of offences.56. Copies of documents for juries.57. Convicted person liable for costs and expenses of investigation and proceedings.58. Limitation of liability.Part 10 Extension of Part V of Central Bank Act 1997 to Debt Management Firms, etc. (ss. 59-66)59. Amendment of section 28 of Central Bank Act 1997.60. Amendment of section 31 of Central Bank Act 1997.61. Amendment of section 31A of Central Bank Act 1997.62. Amendment of section 32A of Central Bank Act 1997.63. Amendment of section 33A of Central Bank Act 1997.64. Transitional provision for existing debt management firms.65. Amendment of section 36 of Central Bank Act 1997.66. Amendment of section 36A of Central Bank Act 1997.Part 11 Amendments to Part IIIC of Act of 1942 (ss. 67-71)67. Amendment of section 33AO of Act of 1942.68. Amendment of section 33AQ of Act of 1942.69. Amendment of section 33AV of Act of 1942.70. Amendment of section 33BA of Act of 1942.71. Amendment of section 33BC of Act of 1942.Part 12 Other Amendments to Financial Services Legislation (ss. 72-82)72. Ombudsman's report to include information about complaints.73. Third country branches.74. Amendment of section 76 of Central Bank Act 1989.75. Amendment of section 43 of Investment Intermediaries Act 1995.76. Amendment of section 30 of Consumer Credit Act 1995.77. Amendment of section 45 of Consumer Credit Act 1995.78. Amendment of section 149 of Consumer Credit Act 1995.79. Amendment of section 27 of Central Bank Act 1997.80. Amendments of Investor Compensation Act 1998.81. Amendment of Financial Services (Deposit Guarantee Scheme) Act 2009.82. Amendment of Central Bank and Credit Institutions (Resolution) Act 2011.Part 13 Miscellaneous (ss. 83-94)83. Amendment of section 1 of Insurance Act 1964.84. Amendment of section 6 of Insurance Act 1964.85. Amendment of section 4 of Landlord and Tenant Act (Ground Rents) (No. 2) Act 1978.86. Amendment of section 4 of Landlord and Tenant (Amendment) Act 1980.87. Amendment of section 3 of Companies (Amendment) Act 1990.88. Disclosure to Bank of tax information about qualifying companies and FVCs.89. Amendment of section 11 of Electronic Commerce Act 2000.90. Amendment of Planning and Development Act 2000.91. Amendment of section 56 of Personal Injuries Assessment Board Act 2003.92. Amendment of Credit Institutions (Financial Support) Act 2008.93. Amendment of section 38 of Credit Institutions (Stabilisation) Act 2010.94. Amendment of section 6 of Irish Bank Resolution Corporation Act 2013.Schedule 1 Repeals and RevocationsSchedule 1, Part 1 RepealsSchedule 1, Part 2 RevocationsSchedule 2 Amendments of Central Bank ActsSchedule 2, Part 1 Amendments of Central Bank Act 1942Schedule 2, Part 2 Amendments of Central Bank Act 1971Schedule 2, Part 3 Amendment of Central Bank Act 1997Schedule 2, Part 4 Amendments of Central Bank Reform Act 2010Schedule 2, Part 5 Amendments of Central Bank and Credit Institutions (Resolution) Act 2011Schedule 3 Amendments of Certain other ActsSchedule 3, Part 1 Amendments of Investment Intermediaries Act 1995Schedule 3, Part 2 Amendments of Credit Union Act 1997Schedule 3, Part 3 Amendments of Investor Compensation Act 1998Schedule 3, Part 4 Amendment of Financial Services (Deposit Guarantee Scheme) Act 2009Schedule 4 Amendments of Certain Statutory InstrumentsSchedule 4, Part 1 Amendments of European Communities (Markets in Financial Instruments) Regulations 2007 (S.I. No. 60 of 2007)Schedule 4, Part 2 Amendments of European Communities (Insurance and Reinsurance Groups Supplementary Supervision) Regulations 2007 (S.I. No. 366 of 2007)Schedule 4, Part 3 Amendments of European Communities (Information on the Payer Accompanying Transfers of Funds) Regulations 2007Schedule 4, Part 4 Amendment of European Communities (Reorganisation and Winding-up of Credit Institutions) Regulations 2011 (S.I. No. 48 of 2011)Schedule 5 Redress for Contravention of section 41(1) (paras. 1-6)
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AI Summary of 45. Bank's power to give directions.

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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 August 2013 - onwards
Version 2 of 2

45. Bank's power to give directions.

(1) Where the Bank is satisfied that one or more of the circumstances specified in subsection (2) exist in relation to a regulated financial service provider, or a related undertaking of a regulated financial service provider, the Bank may, in the interests of the proper and effective regulation of financial service providers, give a direction in writing to the regulated financial service provider or related undertaking to take such of the actions specified in subsection (3) as are mentioned in the direction.

(2) The circumstances referred to in subsection (1) are as follows:

(a) that the regulated financial service provider, or related undertaking, has become or is likely to become unable to meet its obligations to its creditors or its customers;

(b) that the regulated financial service provider, or related undertaking, is not maintaining or is unlikely to be in a position to maintain adequate capital or other financial resources having regard to the volume and nature of its business;

(c) that the regulated financial service provider, or related undertaking, has failed to comply with, is failing to comply with or is likely to fail to comply with any condition or requirement imposed by, or by virtue of, financial services legislation;

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