Oireachtas Joint and Select Committees

Wednesday, 18 October 2023

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach

Credit Union (Amendment) Bill 2022: Committee Stage

Photo of Jennifer Carroll MacNeillJennifer Carroll MacNeill (Dún Laoghaire, Fine Gael) | Oireachtas source

I move amendment No. 48:

In page 23, between lines 4 and 5, to insert the following:

“Delivery of notices etc. 56. The Principal Act is amended by the insertion of the following section after section 188:
“188A.(1) Subject to subsection (3), where a notice, direction or other

document is authorised or required by or under this Act to be sent or

delivered to a member of a credit union by the credit union, the credit

union shall, unless otherwise specified in this Act, do so in one the

following ways:
(a) by delivery to the member;

(b) by post to the address of the member as recorded in the books of

the credit union or such other address as has been notified in

writing to the credit union by that member for the purpose of

receiving the notice, direction or other document by post;

(c) by electronic means to such address as has been notified in writing

to the credit union by that member for the purpose of receiving the

notice, direction or other document electronically.
(2) Subject to subsection (3), a copy of a document, other than a notice,

required to be sent or delivered shall be treated as having been sent or

delivered, as the case may be, by a credit union to a member where—
(a) the credit union and the member have agreed to the member having

access to the document on a website maintained by or on behalf of

the credit union,

(b) the member is notified, in a manner for the time being agreed for

the purpose of such notification between the member and the credit

union, of—
(i) the publication of the document on the website referred to in

paragraph (a),

(ii) the address of that website,

(iii) the place on that website where the document may be accessed,

and

(iv) how the document may be accessed,
(c) in the case of annual accounts—
(i) the credit union’s rules allow for distribution of or access to the

annual accounts by electronic means,

(ii) the credit union has requested, in writing, the member’s consent

to the use of electronic means for conveying the credit union’s

annual accounts and the member has not objected to such use

within 10 days of the receipt by the member of the request, and

(iii) the member may request at any time in the future that the annual

accounts be conveyed to the member in writing,
(d) where the document is required to be delivered within a relevant

period (as specified for the purpose of the provision requiring such

delivery)—
(i) the document is published on the website referred to in

paragraph (a) in the period from the start of the relevant period

to the conclusion of the meeting concerned, and

(ii) the notification given for the purposes of paragraph (b) is given

during the relevant period.
(3) This section shall not apply to the service, by or under this Act, of a

notice, direction or other document.”.”.

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