Finance (Provision of Access to Cash Infrastructure) Act 2025
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Interpretation | ||
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2. In this Act— | ||
“access to cash criteria” has the meaning given to it by section 5 ; | ||
“Act of 1942” means the Central Bank Act 1942 ; | ||
“Act of 2004” means the Private Security Services Act 2004 ; | ||
“ATM” means an automated teller machine; | ||
“ATM deployer” means a person who— | ||
(a) provides cash withdrawal services from one or more than one ATM that is operated by the person and by whom, or on whose behalf, the ATM or ATMs are stocked with banknotes, | ||
(b) does not hold payment accounts, and | ||
(c) does not provide a payment service referred to in paragraph 1, 3, 4, 5, 6, 7 or 8 of the Schedule to the Regulations of 2018; | ||
“ATM operator” means— | ||
(a) an ATM deployer, or | ||
(b) a payment services provider referred to in subparagraph (a), (b), (c), (f), (g), (h), (i) or (k) of Regulation 6(1) of the Regulations of 2018 which owns and operates one or more than one ATM; | ||
“automated teller machine” means an electromechanical device that allows for the withdrawal of banknotes from an account; | ||
“Bank” means the Central Bank of Ireland; | ||
“cash” means banknotes and coins; | ||
“cash demand” means the total value of cash withdrawal transactions, as published by the Bank under section 6 or as provided to the Bank under section 12 , from either or both of the following: | ||
(a) ATMs; | ||
(b) cash service points; | ||
“cash infrastructure” means ATMs and cash service points; | ||
“cash-in-transit provider” means the holder of a licence issued by the Private Security Authority, pursuant to regulations made under section 51 of the Act of 2004, to provide a security service and references in this Act to “CIT provider” shall be construed accordingly; | ||
“cash service” means any service by which cash may be deposited and withdrawn by individuals and SMEs, to or from an account, and in-person assistance is available in connection with that service; | ||
“cash service point” means a location at which cash services are provided by or on behalf of a designated entity; | ||
“consumer” means an individual who is acting for purposes unrelated to the individual’s trade, business or profession; | ||
“credit institution” means any of the following that provides, or offers to provide, current accounts in the State: | ||
(a) the holder of a licence under section 9 of the Central Bank Act 1971 ; | ||
(b) the holder of an authorisation under section 9A of the Central Bank Act 1971 ; | ||
(c) a credit institution authorised and supervised by the competent authority of another Member State that carries on business in the State, by way of the establishment of a branch in the State, in accordance with the European Union (Capital Requirements) Regulations 2014 ( S.I. No. 158 of 2014 ); | ||
(d) a credit union registered as such under the Credit Union Act 1997 ; | ||
“current account” means an account held with a credit institution by means of which one or more than one named person may— | ||
(a) deposit or receive funds, | ||
(b) withdraw or transfer funds, and | ||
(c) execute and receive payment transactions to and from third parties, including the execution of credit transfers; | ||
“designated entity” shall be construed in accordance with section 10 ; | ||
“financial inclusion” means having affordable, timely and adequate access to a range of regulated financial products and services by all segments of society; | ||
“funds” has the same meaning as it has in Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 20151 on payment services in the internal market; | ||
“guidelines” has the meaning given to it by section 8 ; | ||
“household deposits” means the figure contained in the most recent data available in the statistics in relation to the State published monthly by the Bank in accordance with Regulation (EU) 2021/379 of the European Central Bank of 22 January 20212 on the balance sheet items of credit institutions and of the monetary financial institutions sector; | ||
“local deficiency” has the meaning given to it by section 7 ; | ||
“Minister” means the Minister for Finance; | ||
“normal hours of operation of ATMs” has the meaning given to it by section 31 (1)(d)(i); | ||
“NUTS 3 region” means a geographical area in the State that is classified as NUTS level 3 in accordance with Regulation (EC) No. 1059/2003 of the European Parliament and of the Council of 26 May 20033 on the establishment of a common classification of territorial units for statistics (NUTS), as amended from time to time; | ||
“payment account” has the same meaning as in the Regulations of 2018; | ||
“payment services provider” has the same meaning as in the Regulations of 2018; | ||
“prescribed requirement” shall be construed in accordance with section 31 (1); | ||
“quarter” means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December in any year; | ||
“Regulations of 2018” means the European Union (Payment Services) Regulations 2018 ( S.I. No. 6 of 2018 ); | ||
“security service” means a security service referred to in paragraph (f) of the definition of that term in section 2(1) of the Act of 2004 with respect to the provision of protected forms of transport of banknotes or coins, or both, as the case may be; | ||
“SME” means a micro, small or medium-sized enterprise which employs fewer than 250 persons and which has either or both of the following: | ||
(a) an annual turnover not exceeding €50 million; | ||
(b) an annual balance sheet total not exceeding €43 million. | ||