Dáil debates
Thursday, 13 December 2012
Credit Union Bill 2012: From the Seanad
62.—(1) An authorised officer may attend any meeting relating to the business of a regulated financial service provider if the authorised officer considers that it is necessary to attend in order to assist the Bank in the performance of any of its functions under financial services legislation. (2) The attendance of an authorised officer pursuant to subsection (1) at a meeting referred to in that subsection does not in any circumstances limit the powers of the authorised officer or of the Bank. 63.—Nothing in this Part shall operate to confer any right to production of, or access to, any record subject to legal professional privilege. 64.—(1) The disclosure or production of any record or other information by a person under this Part shall not be treated, for any purpose, as a breach of any restriction under any enactment or rule of law on disclosure or production by the person or any other person on whose behalf the record or other information is disclosed or produced. (2) Where a person from whom production of a record is required under this Part claims a lien on the record, the production of it shall be without prejudice to the lien. 65.— (1) If any person to whom this Part applies fails or refuses to comply with a requirement under this Part the authorised officer may certify the failure or refusal under his or her hand to the High Court. (2)When an authorised officer certifies a failure or refusal referred to in subsection (1) to the High Court, the High Court may inquire into the case and may make such order (including interim or interlocutory orders) or direction as the High Court thinks fit, after hearing -(a)any witnesses who may be produced against or on behalf of the person concerned, and (b)any statement which may be offered in defence.66.—(1) A person commits an offence if he or she —(a) obstructs or impedes an authorised officer in the exercise of any of his or her powers under this Part, whether or not by virtue of a warrant issued under section 61.(b)without reasonable excuse, does not comply with a requirement of an authorised officer in the exercise of any of those powers, (c) in purported compliance with such a requirement, gives information to the authorised officer that the person knows to be false or misleading in a material respect, or (d) falsely represents himself or herself to be an authorised officer.`(2) A person who commits an offence under this section is liable – (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or (b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years or both.(3)A person does not commit an offence of failing to comply with a requirement referred to in subsection (1)(b) unless, when the requirement was made, the person was warned that a failure to comply is an offence. (4) If a person refuses to answer a question asked of him or her or to comply with any other requirement made, under this Part, on the grounds that the answer or compliance with the requirement might tend to incriminate the person and the person is informed of his or her obligation to answer the question or to comply with the requirement, the person shall not refuse to answer the question or to comply with the requirement but the answer given or information provided on that occasion shall not be admissible as evidence in criminal proceedings against the person other than proceedings against him or her under this section.”.”.
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