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2017_act_22 IE

Financial Services and Pensions Ombudsman Act 2017

2 Articles / Provisions · Ireland
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Statutory Text (2 Articles)

ISB Act 2017-07-26

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

ISB Act 2017-07-26

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.

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