[No. 50.]
Pt.5 S.39
Criminal Justice (Theft and Fraud
Offences) Act, 2001.
[2001.]
(i) whose business consists of or includes the provision
of services involving the acceptance, exchange, transfer or holding of money for or on behalf of other
persons or bodies, and
(ii) who is designated for the purposes of this section by
regulations made by the Minister after consultation
with the Minister for Finance; and
‘‘recognised code of practice’’ means a code of practice drawn up for
the purposes of this section—
(a) by a designated body or class of designated bodies and
approved by the Central Bank of Ireland, or
(b) by the Central Bank of Ireland for a designated body or
class of such bodies.
(2) A designated body shall—
(a) withdraw from circulation any notes or coins received by it
or tendered to it which it knows or suspects to be
counterfeit, and
(b) transmit them as soon as possible to the Central Bank of
Ireland with such information as to the time, location and
circumstances of their receipt as may be available.
(3) Counterfeit or suspect currency notes or coins may be transmitted to the Garda Sı́ochána under subsection (2) in accordance
with a recognised code of practice.
(4) A recognised code of practice may include provision for—
(a) procedures to be followed by directors or other officers and
employees of a designated body in the conduct of its
business,
(b) instructions to them on the application of this section,
(c) standards of training in the identification of counterfeit
notes and coins,
(d) procedures to be followed by them on perceiving or suspecting that currency notes or coins are counterfeit,
(e) different such procedures to be followed in respect of different currencies,
(f) the retention of documents required for the purposes of
criminal proceedings.
(5) Without prejudice to section 58, a designated body which contravenes a provision of subsection (2) of this section or who provides
false or misleading information on matters referred to in those subsections is guilty of an offence under this section and liable—
(a) on summary conviction, to a fine not exceeding £1,500 or
imprisonment for a term not exceeding 12 months or
both, or
(b) on conviction on indictment, to a fine or imprisonment for
a term not exceeding 5 years or both.
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