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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. 61: In page 27, subsection (2), line 21, after “under” where it secondly occurs to insert “subsection (1) or (4) 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. 62: In page 28, subsection (2)(c), line 6, to delete “employees and agents” and substitute “employees, agents and intermediaries”.

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. 63: In page 28, subsection (2)(f)(i), line 24, to delete “promotional literature” and substitute “promotional material (in whatever media)”.These amendments deal with Central Bank regulation making powers on the provision of information for customers.

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. 64: In page 28, subsection (2)(f), to delete lines 27 to 29 and substitute the following:“(ii) the giving of specified information about the regulated financial service provider and the financial services provided by it,”

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. 65: In page 28, subsection (2)(f), between lines 36 and 37, to insert the following:“(v) the giving to customers of information about incentives in relation to financial services, including as to the advantages and disadvantages of taking up the incentives, the duration of their availability, the assumptions on which they are based, their cost, any other material...

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. 66: In page 29, subsection (2), between lines 18 and 19, to insert the following:“(i) provision specifying requirements which are to apply in relation to the provision of financial services to customers for the purpose of determining the suitability of the financial services for the customers; (j) provision about the management of conflicts of interest that may...

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. 67: In page 29, subsection (2)(j), between lines 37 and 38, to insert the following:“(iv) requiring the giving of notification to persons giving security or guarantees in respect of loans, other credit facilities or other financial services of changes in the terms of the loans, other credit facilities or other financial services,”.

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. 68: In page 30, subsection (2), between lines 20 and 21, to insert the following:“(l) provision requiring—(i) the giving of reasons for refusals to provide quotations for insurance cover applied for and for not accepting claims under policies or contracts of insurance, (ii) the giving of notification in relation to decisions on claims under policies 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. 69: In page 30, subsection (2), to delete lines 38 to 40 and substitute the following:“(n) provision about how regulated financial service providers are to deal with customers who are or are likely to be in financial difficulty (including customers who are or are likely to be in arrears) including, in relation to such customers provision—”.These...

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. 70: In page 30, subsection (2)(n)(i), line 42, to delete “customers in arrears” and substitute “such customers”.

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. 71: In page 30, subsection (2)(n)(ii), line 44, to delete “customers in arrears” and substitute “such customers”.

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. 72: In page 32, before section 41, to insert the following new section: 41.—(1) Before making regulations under section 40, the Bank—(a) shall consult with the Minister and for that purpose shall provide to the Minister a draft of the proposed regulations, (b) in the case of regulations under section 40(2)(b), shall also consult with the Minister for...

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. 20: In page 14, before section 20, to insert the following new section: “PART 3 INFORMATION, ETC CHAPTER 1 Introductory21.—(1) The following are persons to whom this Part applies (whether they are within or outside the State):(a) a regulated financial service provider; (b) a person who has applied for an authorisation but whose application has not been...

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. 21: In page 14, before section 20, to insert the following new section: “CHAPTER 2 Bank’s power to gather information, etc.22.—(1) Where it is necessary to do so for the purpose of the performance of the Bank’s functions under financial services legislation relating to the proper and effective regulation of financial service providers, the Bank...

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. 22: In page 14, before section 20, to insert the following new section:23.—(1) The Bank may require that information, records or other documents provided in response to a requirement under section 22(1) be provided in such form and manner as the Bank may reasonably require. (2) A person who fails to provide any information, records or other documents in the form...

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. 23: In page 14, before section 20, to insert the following new section: “CHAPTER 3 Authorised officers24.—(1) Where it is necessary to do so for the purpose of the performance by the Bank of its functions under financial services legislation relating to the proper and effective regulation of financial service providers, the Bank may appoint any of its...

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. 24: In page 14, before section 20, to insert the following new section:25.—Every authorised officer appointed by the Bank shall be furnished with a warrant of his or her appointment, and when exercising a power conferred by this Chapter shall produce such warrant or a copy of it, together with a form of personal identification, for inspection if requested to do so...

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. 25: In page 14, before section 20, to insert the following new section:26.—(1) Subject to subsection (2), an authorised officer may at all reasonable times enter any premises—(a) which the authorised officer has reasonable grounds to believe are or have been used for, or in relation to, the business of a person to whom this Part applies, or (b) at, on or 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. 26: In page 14, before section 20, to insert the following new section:27.—(1) An authorised officer may do any one or more of the following:(a) search and inspect premises entered under section 26* or pursuant to a warrant under section 28; (b) require a person to whom this Part applies who apparently has control of, or access to, records, to provide the records;...

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. 27: In page 14, before section 20, to insert the following new section:28.—(1) Without prejudice to the powers conferred on an authorised officer by or under any other provision of this Chapter, if a judge of the District Court is satisfied on the sworn information of the authorised officer that there are reasonable grounds for believing that records are to be...

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