Finance (Provision of Access to Cash Infrastructure) Act 2025

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Monitoring and enforcement

9. (1) (a) The Bank shall, for the purposes of monitoring compliance with the access to cash criteria—

(i) monitor the location, number and hours of availability of ATMs and cash service points in each NUTS 3 region, and

(ii) publish the information referred to in subparagraph (i) on a website maintained by it or on its behalf as soon as practicable after the end of each quarter.

(b) In the case of the information first published under paragraph (a) after the commencement of this section, the Bank shall publish the information as soon as practicable after such commencement in respect of the immediately preceding quarter.

(2) The Bank may make a determination, in respect of any NUTS 3 region, having regard to the access to cash criteria and any information provided to it under this Act—

(a) that the level of provision of cash infrastructure does not comply with any of the access to cash criteria, or

(b) that non-compliance with any of the access to cash criteria is reasonably likely.

(3) Where the Bank makes a determination under subsection (2)(a) or section 7 (4), it shall notify the designated entities setting out the details of the non-compliance or local deficiency concerned, or both, as the case may be.

(4) Where the Bank makes a determination under subsection (2)(b) or section 7 (1)(b), it shall notify the designated entities setting out the details of the likely non-compliance or likely local deficiency concerned, or both, as the case may be.

(5) A designated entity may, not later than 28 days after receipt of a notification under subsection (3) or such longer period not exceeding 8 weeks as the Bank may specify in the notification, alone or together with any other designated entity, submit to the Bank proposals in writing in relation to any measure that is proposed to be taken to ensure compliance with the access to cash criteria or to remedy the local deficiency, or both, as the case may be.

(6) Before submitting proposals under subsection (5), a designated entity may consult with the Bank.

(7) Where—

(a) there are no proposals submitted to the Bank under subsection (5), or

(b) the Bank, following assessment of any proposals submitted to it under subsection (5), is of the opinion that the proposals do not address the non compliance or remedy the local deficiency, or both, as the case may be, notified under subsection (3),

the Bank may decide to give a draft direction to one or more than one designated entity to ensure compliance with the access to cash criteria or to remedy a local deficiency, or both, as the case may be.

(8) A draft direction shall state—

(a) the appropriate and proportionate measures which the Bank requires be taken by the designated entity or entities to which it is given to ensure compliance with the access to cash criteria or remedy the local deficiency, or both, as the case may be, and

(b) the period within which those measures shall be taken.

(9) For the purposes of giving a draft direction under subsection (7), the Bank shall—

(a) have regard to the causes of the non-compliance with the access to cash criteria or of the local deficiency, or both, as the case may be,

(b) have regard to the total value of household deposits and the number of current accounts held in the State by each designated entity,

(c) where a designated entity is part of a group of companies (within the meaning given to that term by section 8 of the Companies Act 2014 ), have regard to the total value of household deposits and the number of current accounts held by credit institutions who are part of such group but who are not designated entities,

(d) have regard to such other factors as the Bank considers relevant and appropriate for the purposes of this section, and

(e) taking account of paragraphs (a) to (d), endeavour to ensure fairness as between designated entities.

(10) A designated entity to whom a draft direction is given under subsection (7) may, within 14 days of the date of the draft direction, make submissions in writing to the Bank in relation to the draft direction.

(11) Following its consideration of any submissions made to it under subsection (10), the Bank may decide to give a direction to each designated entity to whom the draft direction was given, with or without amendment.

(12) The Bank may, if it considers it appropriate to do so, withdraw, or amend by a further direction, any direction given under this section, and subsections (7) to (11) and this subsection shall apply to such further direction with any necessary modifications.

(13) A decision to give a direction under this section is an appealable decision for the purposes of Part VIIA of the Act of 1942.

(14) Where a direction is given to a designated entity under this section, the direction shall apply notwithstanding that the credit institution concerned may no longer be a designated entity by virtue of section 10 (6).