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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 will have a look at this again between now and Report Stage and will take all the views expressed here into account. The reason for having three complaints as the test for publication is that to publish with a lesser number of complaints might have a disproportionate impact on small brokers in a competitive situation in small towns. We could literally put somebody out of business if...

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. 97: In page 38, before section 53, to insert the following new section: “PART 9* AMENDMENTS TO FINANCIAL SERVICES LEGISLATION53.—(1) Section 57BS of the Central Bank Act 1942 is amended by inserting the following after subsection (3):“(4) If the Financial Services Ombudsman thinks that it would be in the public interest to do so, a report under...

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. 98: In page 38, before section 53, to insert the following new section:54.—Section 76 of the Central Bank Act 1989 is amended by inserting the following after subsection (2):“(3) An application under subsection (2) shall be on notice to the Bank and the Bank shall be entitled to appear, be heard and adduce evidence at the hearing of the application. (4)...

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. 99: In page 38, before section 53, to insert the following new section:55.—Section 43 of the Investment Intermediaries Act 1995 is amended by renumbering the existing provision as subsection (1) and by inserting the following after that subsection:“(2) A person may apply to the Court for an order, on such conditions as the Court may decide, declaring that,...

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. 100: In page 38, before section 53, to insert the following new section:56.—Section 30 of the Consumer Credit Act 1995 is amended in subsection (1) by substituting the following for paragraphs (a) and (b):“(a) a paper copy of the agreement shall be sent to the consumer by the creditor within 10 days of the making of the agreement, and (b) in the case of any...

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. 101: In page 38, before section 53, to insert the following new section:57.—Section 45 of the Consumer Credit Act 1995 is amended in subsection (1) by substituting “communication on paper” for “written communication”.”.

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. 102: In page 38, before section 53, to insert the following new section:58.—Section 149 of the Consumer Credit Act 1995 is amended—(a) in subsection (5) by substituting “3 months” for “4 months”, (b) in subsection (6) by substituting “3 months” for “3 weeks”, (c) by inserting the following after...

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. 103: In page 38, before section 53, to insert the following new section:59.—Section 27 of the Central Bank Act 1997 is amended by inserting the following after subsection (5): “(6) (a) Subsection (1) does not apply if the regulated financial service provider concerned has a reasonable excuse. (b) It is a reasonable excuse for the purposes of paragraph (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. 104: In page 38, before section 53, to insert the following new section:60.—The Investor Compensation Act 1998 is amended—(a) in section 33 by substituting the following for subsection (4): “(4) Following consultation with the Company, an administrator may apply to the Court to determine any question arising in relation to his or her functions under...

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. 105: In page 38, before section 53, to insert the following new section:61.—The Financial Services (Deposit Guarantee Scheme) Act 2009 is amended— (a) in section 1 by inserting the following definition:“ ‘relevant Member State institution’ means an institution authorised in another Member State which has established in the State a branch...

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. 106: In page 39, before section 54, to insert the following new section:54.—Section 1 of the Insurance Act 1964 is amended by substituting the following for paragraph (a) of the definition of “excluded risk”:“(a) a risk relating to insurance that falls within the following classes of the Annex to First Council Directive 73/239/EEC of 24 July...

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. 107: In page 39, before section 54, to insert the following new section:55.—Section 6 of the Insurance Act 1964 is amended by substituting the following for the definition of “premium” in subsection (14):“ ‘premium’, in relation to a policy issued both in respect of risks in the State and risks not in the State, means that...

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. 108: In page 39, before section 54, to insert the following new section:56.—(1) Section 4(1) of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 (referred to in this section as “the 1978 Act”) is amended by inserting the following after paragraph (b):“(bb) the Central Bank of Ireland,”.(2) The amendment made by subsection (1)...

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. 109: In page 39, before section 54, to insert the following new section:57.—(1) Section 4 of the Landlord and Tenant (Amendment) Act 1980 is amended—(a) in subsection (1) by inserting “or the Central Bank of Ireland, as the case may be,” after “State authority”, and (b) by inserting the following after 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. 110: In page 39, before section 54, to insert the following new section:58.—Section 3 of the Companies (Amendment) Act 1990 is amended—(a) in subsection (2)—(i) in paragraph (a) by substituting “only by the Central Bank or by the company acting with the prior consent of the Central Bank,” for “only by the Minister”, (ii) in...

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. 111: In page 39, before section 54, to insert the following new section:59.—(1) Nothing in the Taxes Consolidation Act 1997 prevents the disclosure to the Bank of information held by the Revenue Commissioners in relation to—(a) qualifying companies, within the meaning of section 110 of the Taxes Consolidation Act 1997, or (b) FVCs, within the meaning of...

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. 112: In page 39, before section 54, to insert the following new section:60.—Section 11 of the Electronic Commerce Act 2000 is amended in paragraph (d) by deleting “the Consumer Credit Act, 1995, or any regulations made thereunder and”.”.This is a technical amendment to the Electronic Commerce Act, which is related to the changes to the consumer...

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. 113: In page 39, before section 54, to insert the following new section:61.—The Planning and Development Act 2000 is amended—(a) in section 33 by inserting the following after subsection (4):“(5) Regulations under this section may make different provision with respect to applications for permission for development made by the Central Bank of Ireland...

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. 114: In page 39, before section 54, to insert the following new section:62.—Section 56 of the Personal Injuries Assessment Board Act 2003 is amended in subsection (5) by substituting the following for paragraph (c):“(c) one shall be a person nominated for such appointment by the Irish Insurance Federation (or any successor of it), and (d) one shall be an...

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. 115: In page 39, before Schedule 1, to insert the following new section:55.—The Credit Institutions (Financial Support) Act 2008 is amended by repealing section 7.”. This is an amendment regarding the Credit Institutions (Financial Support) Act 2008, removing the temporary role of the Minister in approving mergers and returning it to the Competition Authority.

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