I move amendment No. 128:
In page 186, to delete lines 15 to 35 and substitute the following:
Section 12 Substitute the following subsections for subsections (1) and (2):
‘(1) A person commits a summary offence under this Act if the person—
(a) in Part IA, contravenes section 7(2) or (3), 8(2), 8D or 8F, or
(b) in Part IB, contravenes section 8K(2) or (3), 8L(2) or 8P, or
(c) in Part II, contravenes section 26 or 27, or regulations under section 28, or
(d) in Part III, contravenes section 39, or
(e) in Part IV, contravenes section 43(2), or
(f) in Part VI, contravenes section 61, 64 (1) or 69, or
(g) in Part VII, contravenes section 87 or 91, or
(h) in Part VIII, contravenes section 93(6) or (9), 94, 95, 98(4) or (5), 99, 105(3) or (4), 106(2) or (3), or (i) in Part IX, contravenes section 116(1) or (2), 117, 122(3), 123, 124, 128, 129(2), 130, 131(4) or (5), 132, 133(1) or (2), 134 or 135(3), or
(j) in Part X, contravenes section 138, 139, 142 or 143(2), or regulations made under section 137, or
(k) in Part XI, contravenes section 144(1) or (3), 145 or 148.
(2) A person commits an offence under this Act (other than a summary offence) if the person—
(a) in Part IV, contravenes section 45, 46 or 49, or
(b) in Part V, contravenes section 54, or
(c) in Part VIII, contravenes section 96, 97, 98(1) or (2), 100, 101, 102, 103 (2), 107, 110 or 111, or
(d) in Part IX, contravenes section 118 or 127, or
(e) in Part X, contravenes section 140, or
(f) in Part XI, contravenes section 146, or
(g) in Part XII, contravenes section 149(1), (12A) or 12(C), section 149A(2), (14) or (16) or a direction given under section 149(5) or (6) or section 149A(6) or (7).’.
3. Section 116(a) Substitute the following subsection for subsection (7):
‘(7) Except as provided by subsection (7A), an authorisation remains in force for 12 months from the date specified in the authorisation.
(7A) In the case of a particular applicant, or an applicant of a particular class designated by the Bank for the purposes of this subsection, the Bank may, if it so chooses, grant an authorisation for a period longer than 12 months, subject to such conditions or requirements as the Bank specifies. If the Bank grants an authorisation for a period longer than 12 months, the authorisation remains in force for that period from the date specified in the authorisation.'.
(b) Substitute the following subsection for subsection (9):
‘(9) The Bank may refuse to grant an authorisation on any of the following grounds:
(a) the applicant does not satisfy the condition specified in subsection (1)(b);
(b) the applicant or any business with which the applicant is or has been associated has, during the previous 5 years, been convicted of an offence that, if committed by a natural person, would be punishable by imprisonment;
(c) the applicant is the holder of—
(i) a bookmaker's licence issued under the Betting Act 1931, or
(ii) a licence for the sale of intoxicating liquor granted under the Licensing Acts 1833 to 1994, or
(iii) a gaming licence issued under the Gaming and Lotteries Act 1956, or
(iv) a pawnbroker's licence granted under the Pawnbroker's Act 1964, or
(v) a moneylender's licence;
(d) the applicant has failed to provide a current Revenue tax clearance certificate in respect of himself or his business;
(e) the applicant is not, in the opinion of the Bank a fit and proper person to carry on business as a mortgage intermediary.’;
(c) Substitute the following subsection for subsection (11):
‘(11) The Bank may suspend or revoke an authorisation on any of the following grounds:
(a) the holder no longer satisfies the condition specified in subsection (1)(b);
(b) the holder, or any business entity with which the holder is associated, is convicted of an offence that, if committed by a natural person would be punishable by imprisonment;
(c) the holder has become the holder of——
(i) a bookmaker's licence issued under the Betting Act 1931, or
(ii) a licence for the sale of intoxicating liquor granted under the Licensing Acts 1833 to 1994, or
(iii) a gaming licence issued under the Gaming and Lotteries Act 1956, or
(iv) a pawnbroker's licence granted under the Pawnbroker's Act 1964, or
(v) a moneylender's licence;
(d) the holder is failing, or has failed, to provide a current Revenue tax clearance certificate in respect of the holder or the holder’s business;
(e) the holder is failing, or has failed to comply, with a condition or requirement imposed on the holder under subsection (7);
(f) the applicant is contravening or has contravened a regulation in force under subsection (10);
(g) the holder is no longer, in the opinion of the Bank a fit and proper person to carry on the business of a mortgage intermediary;
(h) the Bank would, if the holder were an applicant for an authorisation be entitled to refuse to grant an authorisation to the applicant on a ground specified in subsection (9).’.
Section 149 (as substituted by item 42 of Part 21 of Schedule 1 of the Central Bank and Financial Services Authority of Ireland Act 2003.
Insert the following subsection after subsection (12);
‘(12A) A credit institution shall not impose a charge for providing a service to a customer or group of customers if—
(a) the charge has not been previously notified to the Bank or to the Director, or
(b) the charge exceeds the charge notified for the service in accordance with subsection (1), or
(c) the charge does not comply with a direction issued by the Bank under this section.
(12B) The Bank may, by notice given in writing, require a specified credit institution, or credit institutions of a specified class, to publish in such publications and within such time frames as are specified in the notice details of the amounts of charges notified to the Bank under this section.
(12C) A credit institution to which a notice has been given under subsection (12B) shall comply with the notice within the time frame specified in the notice.'.
Section 149A (as substituted by item 43 of part 21 of Schedule 1 of the Central Bank and Financial Services Authority of Ireland Act 2003)
(a) Substitute ‘regulated business’ for ‘bureau de change business’, wherever occurring;
(b) Substitute the following subsections for subsection (14):
‘(14) A holder of an authorisation shall not impose a charge for providing a service to a customer
or group of customers if—
(a) the charge has not been previously notified to the Bank or to the Director, or
(b) the charge exceeds the charge notified for the service in accordance with subsection (2), or
(c) the charge does not comply with a direction issued by the Bank under this section.
(15) The Bank may, by notice given in writing, require a specified holder of an authorisation, or holders of a specified class of authorisation, to publish in such publications, and within such time frames as are specified in the notice details of the amounts of charges notified to the Bank under this section.
(16) A holder of an authorisation to whom a notice has been given under subsection (15) shall comply with the notice within the time frame specified in the notice.
(17) In this section—
"bureau de change business" has the same meaning as in section 28 of the Central Bank Act 1997 (as substituted by section 24 of the Central Bank and Financial Services Authority of Ireland Act 2004);
"service" means any service provided by the holder of an authorisation to a customer in relation to a bureau de change business or money transmission business carried on by that holder;
"money transmission business" has the same meaning as in section 28 of the Central Bank Act 1997 (as substituted by section 24 of the Central Bank and Financial Services Authority of Ireland Act 2004).’.