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PART 2
Access to Cash
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Access to cash criteria
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5. (1) The Minister, with the approval of the Government, following consultation with the Bank and having regard to—
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(a) the need to ensure the continued provision of sufficient and effective access to cash infrastructure for individuals and SMEs, and
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(b) in the case of the order first made under subparagraph (i) after the commencement of this section, the level of access to cash infrastructure available to individuals and SMEs as it stood on 31 December 2022, adjusted to take account of any changes to the level of such access that arose, before the making of that order, as a consequence of the exit from the market in the State by Ulster Bank Ireland DAC and KBC Bank Ireland plc,
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in respect of each NUTS 3 region—
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(i) shall, by order, specify—
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(I) the minimum percentage of the population of the region concerned that ought to be within a radius, specified in the order, of not less than 5 kilometres and not more than 10 kilometres of an ATM,
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(II) the minimum number of ATMs that ought to be available per 100,000 people in the region concerned, and
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(III) the minimum percentage of the population of the region concerned that ought to be within a radius, specified in the order, of not less than 5 kilometres and not more than 10 kilometres of a cash service point,
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and
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(ii) subject to subsection (2), may, by order, specify the minimum number of ATMs that ought to be available, per 100,000 people in the region concerned, outside the normal hours of operation of ATMs,
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(in this Act referred to as the “access to cash criteria”).
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(2) Without prejudice to subsection (1), before making an order under subsection (1)(ii), the Minister shall consult with the Bank regarding—
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(a) the level of cash demand, in the NUTS 3 region concerned, outside the normal hours of operation of ATMs,
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(b) the need to address any deficiency, in the NUTS 3 region concerned, in the number of ATMs available outside the normal hours of operation of ATMs,
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(c) in the case of the order first made under subsection (1)(ii) after the commencement of this section, the number of ATMs available, in the NUTS 3 region concerned, outside the normal hours of operation of ATMs, on 31 December 2022, adjusted to take account of any changes to the number of such ATMs available that arose, before the making of the order, as a consequence of the exit from the market in the State by Ulster Bank Ireland DAC and KBC Bank Ireland plc, and
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(d) such other matters as the Minister considers necessary and appropriate for the purposes of making the order.
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(3) The Bank—
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(a) shall, not later than 9 months after the occurrence of any of the following:
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(i) publication of the final result of every census of population of the State;
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(ii) where the Minister so requests in writing;
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(iii) a reduction in cash demand of more than 15 per cent in a calendar year compared to the immediately preceding calendar year,
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and
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(b) may, at any time, on its own initiative,
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subject to subsections (4) and (5), conduct a review of the access to cash criteria in respect of one or more than one NUTS 3 region and prepare and submit to the Minister a report of the findings of such a review and the conclusions drawn from those findings, including, as the Bank considers appropriate, recommendations for amendment of any or all of the access to cash criteria in respect of the region or regions concerned.
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(4) When preparing a report under subsection (3), the Bank shall have regard to—
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(a) the level of cash demand and any changes thereto,
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(b) population changes,
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(c) financial inclusion,
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(d) operating costs related to cash infrastructure, and
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(e) such other matters relating to the need to ensure the continued provision of sufficient and effective access to cash infrastructure for individuals and SMEs as the Bank considers appropriate for the purposes of the report.
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(5) For the purposes of preparing a report under subsection (3), the Bank shall consult with—
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(a) the designated entities,
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(b) one or more than one body representing the interests of consumers,
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(c) one or more than one body representing the interests of persons with disabilities,
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(d) one or more than one body representing the interests of elderly persons,
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(e) one or more than one body representing the interests of SMEs, in particular in the retail and hospitality sectors, and
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(f) such other persons as it considers appropriate for those purposes.
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(6) Where a report is submitted to the Minister under subsection (3), the Minister shall assess the findings, conclusions and any recommendations set out in the report and, having regard to the need to ensure the continued provision of sufficient and effective access to cash infrastructure for individuals and SMEs, following consultation with the Bank and such other persons as the Minister considers appropriate, may, with the approval of the Government, amend an order made under subsection (1)(i) or (ii), as the case may be.
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