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(b) proceed in a manner, or make a decision, that is inconsistent with the opinion of the High Court on the question.

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Appeal of Ombudsman decision 67. Any appeal to the High Court of a decision taken by the Financial Services Ombudsman or the Pensions Ombudsman, as the case may be, that, immediately before the establishment day, named the Financial Services Ombudsman, the Pensions Ombudsman or any of the dissolved bodies shall, on and from that day, be read as a reference to the Office.

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Application to Circuit Court 68. Any application to the Circuit Court that, immediately before the establishment day, named the Financial Services Ombudsman, the Pensions Ombudsman or any of the dissolved bodies shall, on and from that day, be read as an application by the Office.

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Application to District Court 69. Any application to the District Court that, immediately before the establishment day, named the Financial Services Ombudsman, the Pensions Ombudsman or any of the dissolved bodies shall, on and from that day, be read as an application by the Office.

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Conviction 70. Any appeal against a conviction that, immediately before the establishment day, named the Financial Services Ombudsman, the Pensions Ombudsman or any of the dissolved bodies shall, on and from that day, be read as a reference to the Office.

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Enforcement proceedings 71. Any application for an enforcement order under section 141 of the Act of 1990 that, immediately before the establishment day, named the office of the Pensions Ombudsman, shall, on and from that day, be read as an application by the Office.

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Power of court to grant injunctions in certain cases 72. (1) The High Court may, on an application made by the Ombudsman, grant an injunction restraining the conduct of a financial service provider or a pension provider which is engaging, or in which a financial service provider or a pension provider appears likely to engage, where the conduct is conduct that is being investigated or is proposed to be investigated or in relation to which a complaint has been received by the Ombudsman.

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(2)In the case of a financial service provider, the High Court may not grant an application under subsection (1) unless of the opinion that the conduct sought to be restrained is likely to prejudice or negate the effect or implementation of a decision that the Ombudsman may make if the Ombudsman were to find the complaint to which the conduct relates is upheld, substantially upheld or partially upheld.
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(3)The High Court may not require the Ombudsman to give any undertaking as to damages as a condition for the granting of an injunction in consequence of an application referred to in subsection (1).
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PART 8

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Other Transitional Provisions Saving of regulations made by former Council 73. (1) Any regulations (whether or not a statutory instrument to which the Statutory Instruments Act 1947 primarily applies) made or issued by or on behalf of the Financial Services Ombudsman Council, made and in force immediately before the establishment day have, on and after that day, the same force and effect as they had prior to that day.

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(2)An instrument referred to in subsection (1) may be revoked or amended by the Minister as if made by the Minister.
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Financial Services Ombudsman’s Bureau 74. Any function that, immediately before the establishment day, was vested in the Financial Services Ombudsman’s Bureau shall on and from the establishment day be transferred to the Office.

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PART 9

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Consequential Amendments Amendment of Central Bank Act 1942 75. The Act of 1942 is amended— (a) in section 2— (i) by deleting the definitions of “Financial Services Ombudsman” and “Deputy Financial Services Ombudsman”, (ii) by inserting after the definition of “ Currency Act 1927 ” the following: “ ‘Deputy Financial Services and Pensions Ombudsman’ means a person appointed under section 8

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(1)(b) ofthe Financial Services and Pensions Ombudsman Act 2017 (No. ____ of 2017);”, (iii) by inserting after the definition of “financial futures and options exchange” the following: “ ‘Financial Services and Pensions Ombudsman’ means a person appointed under section 8
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(1)(a) ofthe Financial Services and Pensions Ombudsman Act 2017 (No. ____ of 2017);”, and (iv) in the definition of “regulated financial service provider”— (I) in paragraph (bb), by substituting “enactment;” for “enactment, or”, and (II) by deleting paragraph (c), (b) in section 33AK(5)(ak), by substituting “Financial Services and Pensions Ombudsman” for “Financial Services Ombudsman”, (c) in section 61E(1) by substituting for paragraphs (ga) and (gb) the following: “(gc) the Financial Services and Pensions Ombudsman,”, and (d) in section 61H(4) by substituting for paragraph (b) the following: “(b) the Financial Services and Pensions Ombudsman,”.
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Amendment of Freedom of Information Act 2014 76. Part 1 of Schedule 1 to the Freedom of Information Act 2014 is amended on the establishment day— (a) by deleting paragraphs (ab) and (ae), (b) by substituting “functions,” for “functions.” in paragraph (ai), and (c) by inserting after paragraph (ai) the following: “(aj) the Financial Services and Pensions Ombudsman, insofar as it relates to records concerning the mediation, investigation or adjudication of a complaint carried out by the Financial Services and Pensions Ombudsman under the Financial Services and Pensions Ombudsman Act 2017 (No. ____ of 2017);”.

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PART 10

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Miscellaneous Reciprocal arrangements with EEA countries 77. (1) In this section— “complaint” includes a complaint within the meaning of the EEA Memorandum of Understanding; and “EEA Memorandum of Understanding” means the “Memorandum of Understanding on a Cross-border Out-of-Court Complaints Network for Financial Services” or, if the memorandum is amended or is replaced by another memorandum, means the memorandum as so amended or that other memorandum.

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(2)References to the Financial Services Ombudsman in the EEA Memorandum of Understanding in respect of its subscription shall, with the approval of the Council, be read as references to the Ombudsman.
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(3)The Ombudsman may refer a complaint, concerning a financial service provider, made to him or her to another EEA dispute settlement body in accordance with the terms of the EEA Memorandum of Understanding.
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(4)The Ombudsman may mediate, investigate and adjudicate on any complaint, concerning a financial service provider, referred to him or her by another EEA dispute settlement body in accordance with the terms of the EEA Memorandum of Understanding.
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SCHEDULE 1 Repeals and Revocations

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Section 5

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PART 1

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Acts of the Oireachtas Reference

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(1)Number and year
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(2)Short title
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(3)Extent of repeal
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(4)1.
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No. 22 of 1942 Central Bank Act 1942 Part VIIB 2.

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No. 25 of 1990 Pensions Act 1990

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Part XI

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3.

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No. 5 of 2006 Social Welfare Law Reform and Pensions Act 2006

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Section 43

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4.

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No. 20 of 2013 Social Welfare and Pensions (Miscellaneous Provisions) Act 2013

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Section 33

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PART 2

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Statutory Instruments Reference

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(1)Number and Year
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(2)Short title
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(3)Extent of revocation
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(4)1.
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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 The whole instrument 2.

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S.I. No. 397 of 2003 Pensions Ombudsman Regulations 2003 The whole instrument 3.

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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 The whole instrument 4.

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S.I. No. 399 of 2003 Social Welfare (Miscellaneous Provisions) Act 2003 (Section 23) (Commencement) Order 2003 The whole instrument 5.

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S.I. No. 190 of 2005 Central Bank Act 1942 (Financial Services Ombudsman Council) Regulations 2005 The whole instrument 6.

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S.I. No. 191 of 2005 Central Bank Act 1942 (Financial Services Ombudsman) Regulations 2005 The whole instrument 7.

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S.I. No. 329 of 2005 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2005 The whole instrument 8.

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S.I. No. 330 of 2005 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations (No. 2) 2005 The whole instrument 9.

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S.I. No. 828 of 2005 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations (No. 3) 2005 The whole instrument 10.

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S.I. No. 302 of 2006 Pensions Ombudsman Regulations 2006 The whole instrument 11.

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S.I. No. 182 of 2007 Trust RACs (Disclosure of Information) Regulations 2007 Paragraph 16 of Schedule B 12.

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S.I. No. 183 of 2007 Pensions Ombudsman Regulations 2007 The whole instrument 13.

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S.I. No. 726 of 2007 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2007 The whole instrument 14.

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S.I. No. 576 of 2008 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2008 The whole instrument 15.

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S.I. No. 500 of 2009 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2009 The whole instrument 16.

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S.I. No. 446 of 2010 Circuit Court Rules (Pensions Ombudsman) 2010 The whole instrument 17.

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S.I. No. 576 of 2010 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2010 The whole instrument 18.

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S.I. No. 674 of 2011 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2011 The whole instrument 19.

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S.I. No. 506 of 2012 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2012 The whole instrument 20.

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S.I. No. 477 of 2013 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2013 The whole instrument 21.

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S.I. No. 97 of 2014 Central Bank Act 1942 (Financial Services Ombudsman Council) Complaint Information Regulations 2014 The whole instrument 22.

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S.I. No. 137 of 2014 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees (Amendment) Regulations 2014 The whole instrument 23.

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S.I. No. 164 of 2014 Central Bank Act 1942 (Financial Services Ombudsman Council) (Amendment) Regulations 2014 The whole instrument 24.

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S.I. No. 42 of 2015 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2015 The whole instrument 25.

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S.I. No. 592 of 2015 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2016 The whole instrument 26.

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S.I. No. 54 of 2017 Central Bank Act 1942 (Financial Services Ombudsman Council) Levies and Fees Regulations 2017 The whole instrument SCHEDULE 2 Financial Services and Pensions Ombudsman Council

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Section 37

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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.
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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.
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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.
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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.
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5.The Council may act notwithstanding one or more vacancies among its members.
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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.
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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.
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8.The quorum for a meeting of the Council shall, unless the Minister otherwise directs, be 4.
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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.
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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”.
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11.A member who participates in an electronic meeting is taken for all purposes to be present at the meeting.
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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.
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13.Subject to this Schedule, the Council shall regulate its procedure by rules or otherwise.
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1OJ No. L 253, 23.09.2003, p. 10 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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