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Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 77: In page 33, subsection (2), lines 35 and 36, to delete “a regulated financial service provider” and substitute “a person”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 78: In page 33, subsection (2)(b), line 41, to delete “another” and substitute “other”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 79: In page 33, subsection (3), lines 42 and 43, to delete “the regulated financial service provider” and substitute “the person”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 80: In page 34, subsection (3)(c), lines 7 and 8, to delete “the regulated financial service provider” and substitute “the person”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 81: In page 34, subsection (5), line 14, to delete “the regulated financial service provider” and substitute “the person”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 82: In page 34, subsection (5)(a), lines 17 and 18, to delete “the regulated financial service provider” and substitute “the person”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 83: In page 34, subsection (5)(b), line 22, after “or” to insert “other”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 84: In page 34, subsection (5)(b), line 24, before “adverse” to insert “other”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 85: In page 34, before section 46, to insert the following new section:46.—(1) In this section “relevant offence under financial services legislation” means an offence under financial services legislation to which section 10(4) of the Petty Sessions (Ireland) Act 1851 applies. (2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 86: In page 34, before section 47, to insert the following new section:47.—(1) A person who gives information to the Bank pursuant to a requirement imposed by the Bank in the performance of its functions under financial services legislation or to an authorised officer in the exercise of his or her powers under Part 3 shall be taken not to have contravened any duty...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 87: In page 35, before section 48, to insert the following new section: “PART 8 EXTENSION OF PART V OF CENTRAL BANK ACT 1997 TO DEBT MANAGEMENT FIRMS, ETC48.—Section 28 of the Central Bank Act 1997 is amended—(a) by substituting the following for the definition of “authorisation”— " 'authorisation' means an authorisation of a...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 88: In page 35, before section 48, to insert the following new section:49.—Section 31 of the Central Bank Act 1997 is amended in subsection (2)(b) by inserting "or any other designated enactment and or any designated statutory instrument" after "this Part".".

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 89: In page 35, before section 48, to insert the following new section:50.—Section 31A of the Central Bank Act 1997 is amended—(a) by substituting “person proposing to carry on, or carrying on, regulated business” for “retail credit firm or home reversion firm”, (b) in paragraph (a) by substituting “its memorandum and...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 90: In page 35, before section 48, to insert the following new section:51.—Section 32A of the Central Bank Act 1997 is amended—(a) in subsection (1)—(i) by substituting “person” for “retail credit or home reversion firm”, and (ii) by substituting “the person” for “the firm”,(b) in subsection...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 91: In page 35, before section 48, to insert the following new section:52.—Section 33A of the Central Bank Act 1997 is amended—(a) in subsection (1) by substituting “, a person authorised to carry on a regulated business” for “an authorised retail credit firm or an authorised home reversion firm”, (b) in subsection...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 92: In page 35, before section 48, to insert the following new section:53.—The Central Bank Act 1997 is amended by inserting the following section after section 34C—34D.—(1) Notwithstanding section 29, a person carrying on the business of a debt management firm immediately before the commencement of Part 8 of the Central Bank (Supervision and...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 93: In page 35, before section 48, to insert the following new section:54.—Section 36 of the Central Bank Act 1997 is amended by inserting “and such of the other designated enactments and designated statutory instruments as apply” after “this Part”.”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 94: In page 35, before section 48, to insert the following new section:55.—Section 36A(1) of the Central Bank Act 1997 is amended—(a) in paragraph (d) by inserting “or any other designated enactment or designated statutory instrument” after “this Part” in both places, (b) in paragraph (l)(ii) by substituting “terrorism,...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 95: In page 36, to delete lines 44 to 46 and substitute the following:"commits an offence and is liable—(i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or (ii) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years, or both.".".This is a...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: The issue of granting the ombudsman permission to publish the names of financial service providers against which complaints have been upheld has been debated for some time. A Private Members' Bill on the issue, sponsored by the Deputy and his party, was debated last year in the Dáil. At that stage I indicated that legislation in this area was necessary to allow the ombudsman to name...

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