Government amendment No. 165: In page 80, before the Schedule, to insert the following new section: 71.?The Central Bank Reform Act 2010 is amended? (a) in section 3 by inserting the following definitions: " ?authorised officer? means a person appointed by the Bank under Part 5 to be an authorised officer; ?financial services legislation? means?(a) the designated enactments, (b) the designated statutory instruments, and (c) the Central Bank Acts 1942 to 2012 and statutory instruments made under those Acts;?,and (b) by inserting the following after section 53:"PART 4 OVERSEAS REGULATORS54.? (1) In this section ?overseas regulator? means an authority in a jurisdiction other than that of the State duly authorised to perform functions similar to any one or more of the statutory functions of the Bank. (2) At the request of an overseas regulator to do so in relation to any matter, the Bank may ? (a) require information on the matter about which the Bank has required or could require the provision of information or the production of documents under any provision of financial services legislation, or (b) authorise one or more than one authorised officer to exercise any of his or her powers for the purposes of investigating the matter. (3) In deciding whether or not to exercise any of its powers under subsection (2), the Bank may take into account in particular:(a) whether in the country or territory of the overseas regulator, corresponding assistance would be given to an authority duly authorised in the State to perform functions corresponding to functions exercised by the overseas regulator; (b) whether the case concerns the breach of a law, or other requirement, which has no close parallel in the State or involves the assertion of a jurisdiction not recognised by the State;(c) the seriousness of the case and its importance to persons in the State; (d) whether it is otherwise appropriate in the public interest to give the assistance sought.(4) The Bank may decide that it will not exercise any of its powers under subsection (2) unless the overseas regulator undertakes to make such contribution towards the cost of such exercise as the Bank considers appropriate.(5) Subsections (3) and (4) do not apply if the Bank considers that the exercise of its power is necessary to comply with any obligation created or arising by or under the Treaties governing the European Union. (6) If the Bank authorises an authorised officer for the purposes of subsection (2)(b), the Bank may direct the authorised officer to permit a representative of the overseas regulator to attend, and take part in, any interview conducted for the purposes of the investigation of the matter concerned.(7) A direction under subsection (6) is not to be given unless the Bank is satisfied that any information obtained by an overseas regulator as a result of the interview will be subject to obligations of non-disclosure of information similar to those imposed on the Bank in section 33AK of the Act of 1942. (8) A person shall not be required for the purposes of the exercise of any power under this section to answer any question tending to incriminate the person. PART 5Authorised Officers55?(1) In this Part ? ?agent?, in relation to a person to whom this Part applies, includes a past as well as a present agent and includes the person?s banker, accountant, solicitor, auditor and financial or other adviser, whether or not a person to whom this Part applies; ?authorisation? means an authorisation, licence or any other permission required to carry on business as a regulated financial service provider granted by the Bank pursuant to any provision of financial services legislation, and includes registration; ?customer?, in relation to a regulated financial service provider, means?(a) any person to whom the regulated financial service provider provides or offers financial services, or (b) any person who requests the provision of financial services from the regulated financial service provider,and includes a potential customer and a former customer; ?person to whom this Part applies? shall be read in accordance with section 56; ?prescribed contravention? has the same meaning as in section 33AN of the Act of 1942; ?premises? includes vessel, aircraft, vehicle and any other means of transport, as well as land and a building and any other fixed or moveable structure; ?regulated market? has the same meaning as in Regulation 3 of the European Communities (Markets in Financial Instruments) Regulations 2007 (S.I. No 60 of 2007); ?related undertaking?, in relation to a person (?the first-mentioned person?), means?(a)if the first-mentioned person is a company, another company that is related within the meaning of section 140(5) of the Companies Act 1990, (b)a partnership of which the first-mentioned person is a member, (c)if the businesses of the first-mentioned person and another person have been so carried on that the separate business of each of them, or a substantial part thereof, is not readily identifiable, that other person, (d)if the decision as to how and by whom the businesses of the first-mentioned person and another person shall be managed can be made either by the same person or by the same group of persons acting in concert, that other person, (e)a person who performs a specific and limited purpose by or in connection with the business of the first-mentioned person, or (f)if provision is required to be made for the first-mentioned person and another person in any consolidated accounts compiled in accordance with Seventh Council Directive 83/349/EEC of 13 June 1983 OJ L 193, 18.7.1983, p.1, that other person.(2) References in this Part to a regulated financial service provider, or a related undertaking, shall, unless the context otherwise requires, be read as including a person who was a regulated financial service provider, or a related undertaking, at the relevant time. 56.?(1) The following are persons to whom this Part applies (including persons outside the State):(a) a regulated financial service provider; (b) a person who has applied for an authorisation but whose application has not been determined; (c) a person whom the Bank reasonably believes is or was a regulated financial service provider, or is or was acting as or claiming or holding himself or herself out to be a regulated financial service provider; (d) a person who is or was, or whom the Bank reasonably believes, is or was, without an authorisation, providing a financial service in respect of which an authorisation is required; (e) a related undertaking of any of the persons referred to in paragraph (a), (b), (c) or (d); (f) any other person whom the Bank reasonably believes may possess information about a person referred to in paragraph (a), (b), (c), (d) or (e); (g) any person whom the Bank reasonably believes may possess information about a financial product or investment admitted to trading or which is to be admitted to trading under the rules and systems of a regulated market.(2) The duty imposed by this Part to produce or provide any information, extends to- (a) a person who is in relation to a person to whom this Part applies ? (i) an administrator within the meaning of section 1(1) of the Insurance (No.2) Act 1983, (ii) an administrator within the meaning of section 2 of the Investor Compensation Act 1998, (iii) a person appointed as an administrator of a credit union by virtue of section 137 of the Credit Union Act 1997 or appointed to act as a provisional administrator of a credit union by virtue of section 138 of that Act, (iv) a special manager appointed pursuant to the Credit Institutions (Stabilisation) Act 2010, (v) an examiner, liquidator, receiver, official assignee, or (vii) in respect of a person outside the State, a person corresponding to any of the persons who come within subparagraphs (i) to (v),and(b) a person who ? (i) is or has been an officer or employee or agent of any person to whom this Part applies, or (ii) appears to the Bank or the authorised officer to have the information in his or her possession or under his or her control.57.?(1) For the purposes of obtaining any information necessary for 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 officers or employees or other suitably qualified persons to be authorised officers and to exercise any of the powers conferred by this Part. (2) The Bank may revoke any appointment made by it under subsection (1). (3) An appointment or revocation under this section shall be in writing. (4) A person's appointment by the Bank as an authorised officer ceases on the earlier of ? (a) the revocation by the Bank of the appointment, (b) in a case where the appointment is for a specified period, the expiration of the period, (c) on the person's resignation from the appointment, and (d) in the case where the person is an officer or employee of the Bank ? (i) on the resignation of the person as an officer or employee of the Bank, or (ii) on the termination of the person's employment with the Bank, or when the person's term of office ceases, for any reason.