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Select Committee on Enterprise and Economic Strategy debate -
Wednesday, 9 Apr 1997

SECTION 116.

I move amendment No. 125:

In page 91, between lines 5 and 6, to insert the following subsections:

(2) In the Fifth Schedule, paragraphs 1, 2, 4 and 5 shall have effect where an auditor is removed under subsection (1), substituting a reference to the auditor for any reference to a director or member.

(3) If, in a case where any provision of the Fifth Schedule has effect by virtue of subsection (1), the Court is satisfied, because of the nature or circumstances of the case or otherwise in the interests of justice, that it is desirable, the whole or any part of any proceedings under that provision may be heard otherwise than in public.".

This section in the Bill as published allows the registrar to remove from office the auditor of a credit union in the interests of its members or creditors or of the orderly and proper regulation of the business of the credit union. The Irish League of Credit Unions has proposed that a right of appeal should apply. I have accepted their point and the parliamentary draftsman has proposed that some appropriate provisions in the fifth schedule of the Bill be used to allow the auditor to appeal the registrar's decision to the High Court.

Amendment agreed to.
Section 116, as amended, agreed to.
Sections 117 to 120, inclusive, agreed to.
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