Financial Services and Pensions Ombudsman Act 2017
Statutory Text (2 Articles)
SCHEDULE 1 Repeals and Revocations
SCHEDULE 1
Repeals and Revocations
Section 5
PART 1 Acts of the Oireachtas
PART 1
Acts of the Oireachtas
Reference (1)
Reference
(1)
Number and year (2)
Number and year
(2)
Short title (3)
Short title
(3)
Extent of repeal (4)
Extent of repeal
(4)
1.
1.
No. 22 of 1942
No. 22 of 1942
Central Bank Act 1942
Central Bank Act 1942
Part VIIB
Part VIIB
2.
2.
No. 25 of 1990
No. 25 of 1990
Pensions Act 1990
Pensions Act 1990
Part XI
Part XI
3.
3.
No. 5 of 2006
No. 5 of 2006
Social Welfare Law Reform and Pensions Act 2006
Social Welfare Law Reform and Pensions Act 2006
Section 43
Section 43
4.
4.
No. 20 of 2013
No. 20 of 2013
Social Welfare and Pensions (Miscellaneous Provisions) Act 2013
Social Welfare and Pensions (Miscellaneous Provisions) Act 2013
Section 33
Section 33
PART 2 Statutory Instruments
PART 2
Statutory Instruments
Reference (1)
Reference
(1)
Number and Year (2)
Number and Year
(2)
Short title (3)
Short title
(3)
Extent of revocation (4)
Extent of revocation
(4)
1.
1.
S.I. No. 119 of 2003
S.I. No. 119 of 2003
Pensions (Amendment) Act, 2002 (Section 5, in so far as that section inserts sections 126 to 130, 146 and 147 of Part XI into the Pensions Act 1990) (Commencement) Order 2003
Pensions (Amendment) Act, 2002 (Section 5, in so far as that section inserts sections 126 to 130, 146 and 147 of Part XI into the Pensions Act 1990) (Commencement) Order 2003
The whole instrument
The whole instrument
2.
2.
S.I. No. 397 of 2003
S.I. No. 397 of 2003
Pensions Ombudsman Regulations 2003
Pensions Ombudsman Regulations 2003
The whole instrument
The whole instrument
3.
3.
S.I. No. 398 of 2003
S.I. No. 398 of 2003
Pensions (Amendment) Act 2002 (Section 5 (Except in so far as that section is already in operation) and sections 8 and 58) (Commencement) Order 2003
Pensions (Amendment) Act 2002 (Section 5 (Except in so far as that section is already in operation) and sections 8 and 58) (Commencement) Order 2003
The whole instrument
The whole instrument
4.
4.
S.I. No. 399 of 2003
S.I. No. 399 of 2003
Social Welfare (Miscellaneous Provisions) Act 2003 (Section 23) (Commencement) Order 2003
Social Welfare (Miscellaneous Provisions) Act 2003 (Section 23) (Commencement) Order 2003
The whole instrument
The whole instrument
5.
5.
S.I. No. 190 of 2005
S.I. No. 190 of 2005
Central Bank Act 1942 (Financial Services Ombudsman Council) Regulations 2005
Central Bank Act 1942 (Financial Services Ombudsman Council) Regulations 2005
The whole instrument
The whole instrument
6.
6.
S.I. No. 191 of 2005
S.I. No. 191 of 2005
Central Bank Act 1942 (Financial Services Ombudsman) Regulations 2005
Central Bank Act 1942 (Financial Services Ombudsman) Regulations 2005
The whole instrument
The whole instrument
7.
7.
S.I. No. 329 of 2005
S.I. No. 329 of 2005
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2005
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2005
The whole instrument
The whole instrument
8.
8.
S.I. No. 330 of 2005
S.I. No. 330 of 2005
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations (No. 2) 2005
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations (No. 2) 2005
The whole instrument
The whole instrument
9.
9.
S.I. No. 828 of 2005
S.I. No. 828 of 2005
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations (No. 3) 2005
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations (No. 3) 2005
The whole instrument
The whole instrument
10.
10.
S.I. No. 302 of 2006
S.I. No. 302 of 2006
Pensions Ombudsman Regulations 2006
Pensions Ombudsman Regulations 2006
The whole instrument
The whole instrument
11.
11.
S.I. No. 182 of 2007
S.I. No. 182 of 2007
Trust RACs (Disclosure of Information) Regulations 2007
Trust RACs (Disclosure of Information) Regulations 2007
Paragraph 16 of Schedule B
Paragraph 16 of Schedule B
12.
12.
S.I. No. 183 of 2007
S.I. No. 183 of 2007
Pensions Ombudsman Regulations 2007
Pensions Ombudsman Regulations 2007
The whole instrument
The whole instrument
13.
13.
S.I. No. 726 of 2007
S.I. No. 726 of 2007
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2007
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2007
The whole instrument
The whole instrument
14.
14.
S.I. No. 576 of 2008
S.I. No. 576 of 2008
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2008
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2008
The whole instrument
The whole instrument
15.
15.
S.I. No. 500 of 2009
S.I. No. 500 of 2009
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2009
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2009
The whole instrument
The whole instrument
16.
16.
S.I. No. 446 of 2010
S.I. No. 446 of 2010
Circuit Court Rules (Pensions Ombudsman) 2010
Circuit Court Rules (Pensions Ombudsman) 2010
The whole instrument
The whole instrument
17.
17.
S.I. No. 576 of 2010
S.I. No. 576 of 2010
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2010
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2010
The whole instrument
The whole instrument
18.
18.
S.I. No. 674 of 2011
S.I. No. 674 of 2011
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2011
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2011
The whole instrument
The whole instrument
19.
19.
S.I. No. 506 of 2012
S.I. No. 506 of 2012
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2012
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2012
The whole instrument
The whole instrument
20.
20.
S.I. No. 477 of 2013
S.I. No. 477 of 2013
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2013
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2013
The whole instrument
The whole instrument
21.
21.
S.I. No. 97 of 2014
S.I. No. 97 of 2014
Central Bank Act 1942 (Financial Services Ombudsman Council) Complaint Information Regulations 2014
Central Bank Act 1942 (Financial Services Ombudsman Council) Complaint Information Regulations 2014
The whole instrument
The whole instrument
22.
22.
S.I. No. 137 of 2014
S.I. No. 137 of 2014
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees (Amendment) Regulations 2014
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees (Amendment) Regulations 2014
The whole instrument
The whole instrument
23.
23.
S.I. No. 164 of 2014
S.I. No. 164 of 2014
Central Bank Act 1942 (Financial Services Ombudsman Council) (Amendment) Regulations 2014
Central Bank Act 1942 (Financial Services Ombudsman Council) (Amendment) Regulations 2014
The whole instrument
The whole instrument
24.
24.
S.I. No. 42 of 2015
S.I. No. 42 of 2015
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2015
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2015
The whole instrument
The whole instrument
25.
25.
S.I. No. 592 of 2015
S.I. No. 592 of 2015
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2016
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2016
The whole instrument
The whole instrument
26.
26.
S.I. No. 54 of 2017
S.I. No. 54 of 2017
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2017
Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2017
The whole instrument
The whole instrument
SCHEDULE 2 Financial Services and Pensions Ombudsman Council
SCHEDULE 2
Financial Services and Pensions Ombudsman Council
Section 37
1. The Ombudsman shall, at the request of the chairperson of the Council, designate a member of the staff of the Ombudsman to be secretary to the Council.
2. There may be paid to a member of the Council such fees and allowances for expenses (if any) as may be determined by the Minister in consultation with the Minister for Public Expenditure and Reform.
3. A person ceases to be a member of the Council if the person—
(a) dies,
(b) completes a term of office and is not reappointed,
(c) resigns the office by notice in writing to the Minister in accordance with paragraph 11,
(d) has, without the permission of the other members, been absent from meetings of the Council for a consecutive period of 6 months,
(e) is, with the person’s consent, nominated as a candidate for election as a member of either House of the Oireachtas,
(f) is, with the person’s consent, nominated as a candidate for election as a member of the European Parliament or to fill a vacancy in the membership of that Parliament,
(g) is, with the person’s consent, nominated as a candidate for election as a member of a local authority,
(h) is adjudged bankrupt (either in the State or elsewhere) or enters into a composition with the person’s creditors,
(i) becomes physically or mentally incapable of performing the duties of a member,
(j) is convicted of an offence (either in the State or elsewhere) and sentenced to serve a term of imprisonment for the offence, or
(k) is removed from office by the Minister—
(i) for proven misconduct or incompetence, or
(ii) in order to enable the Council to function effectively.
4. If the office of a member becomes vacant, the Minister shall arrange for a suitably qualified person to be appointed to fill the vacancy in accordance with this Schedule as soon as possible after the date on which the vacancy occurred.
5. The Council may act notwithstanding one or more vacancies among its members.
6. At a meeting of the Council—
(a) the chairperson of the Council shall, if present, be the chairperson of the meeting, or
(b) if and so long as the chairperson of the Council is not present or if that office is vacant, the other members of the Council who are present shall choose one of their number to be chairperson of the meeting.
7. Every question at a meeting of the Council shall be determined by a majority of the votes of the members of the Council present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.
8. The quorum for a meeting of the Council shall, unless the Minister otherwise directs, be 4.
9. The Council may, if it thinks fit, transact any of its business by the circulation of papers, electronically or otherwise, among all its members for the time being and in such cases a resolution approved in writing by a majority of those members shall be taken to be a decision of the Council.
10. The Council may hold or continue a meeting by the use of any means of communication by which all the participants can hear and be heard at the same time and such a meeting shall be referred to as an “electronic meeting”.
11. A member who participates in an electronic meeting is taken for all purposes to be present at the meeting.
12. A member of the Council may resign at any time his or her membership by a letter addressed to the Minister and the resignation shall take effect from the date specified in the letter (if any) or upon receipt by the Minister, whichever is the later.
13. Subject to this Schedule, the Council shall regulate its procedure by rules or otherwise.