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Prescribed requirements for ATM operators
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31. (1) The Bank shall, subject to subsections (2), (3) and (4), following consultation with the Minister, in relation to ATM operators, make regulations prescribing the following, each of which shall be a prescribed requirement for the purposes of this Act:
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(a) subject to subsection (2), notification to the Bank by an ATM operator of any proposed changes to its business which may materially alter the scope of its provision of cash services including—
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(i) the planned withdrawal of one or more than one ATM,
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(ii) the installation of one or more than one ATM in additional locations,
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(iii) any plans to cease carrying on business as an ATM operator in the State or any part of the State;
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(b) notification to the Bank by an ATM operator of any change of ownership of the ATM operator;
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(c) notification to the Bank by an ATM operator immediately after the ATM operator becomes aware of any closure of an ATM in circumstances beyond its control, including, but not limited to the following:
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(i) the forced withdrawal or unavailability of an ATM where the premises in which it is located is no longer available for the operation of the ATM;
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(ii) an ATM is rendered inoperable without notice or at such short notice that the ATM operator cannot reasonably be expected to comply with the notification requirements set out in paragraph (a);
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(d) the requirement that ATM operators ensure that appropriate service standards are being achieved in respect of such matters as are specified in the regulations including, but not limited to the following:
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(i) the hours during which an ATM shall be available for the withdrawal of cash (in this Act referred to as “the normal hours of operation of ATMs”);
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(ii) any further hours, outside the normal hours of operation of ATMs, during which an ATM shall be available for the withdrawal of cash;
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(iii) the maximum amount of cash that may be withdrawn from an ATM in a single transaction;
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(iv) the stocking of ATMs with banknotes of different denominations, which shall not be less than 2 different such denominations, at least one of which shall be less than €50;
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(v) maximum periods for which an ATM may be unavailable for the withdrawal of cash during the normal hours of operation of ATMs for the purposes of maintenance, including for the purpose of the restocking of the ATM, repair, upgrading or for any other reason;
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(vi) signage requirements for ATMs including, but not necessarily limited to the following:
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(I) the name of the ATM operator;
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(II) a unique identification number for each ATM;
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(III) a contact telephone number;
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(vii) the information required to be communicated by an ATM operator to the user of an ATM when withdrawing cash, including the provision of a receipt at the request of the user and the information to be included on the receipt relating to the transaction and the ATM operator;
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(viii) the information required to be published by an ATM operator, including information in respect of the services that an ATM operator provides relating to ATMs and notification of any planned changes to those services, the period of notice to be given in respect of any such planned changes and the form and manner in which that information shall be published.
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(2) A notification under subsection (1)(a)(i) or (iii) shall be made not less than 2 months before the date of the implementation of the first planned withdrawal of an ATM or of any plan to cease carrying on business as an ATM operator in the State or any part of the State, as the case may be, or such other longer period as may be prescribed.
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(3) Regulations under this section may make different provision for different classes of ATM operators and different classes of ATMs and may, having regard to the different classes of ATM operators and different classes of ATMs, make different provision for requirements in respect of different such classes.
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(4) Regulations may be made under this section only where the Bank is satisfied that it is necessary to do so for any of the following purposes:
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(a) the proper and orderly regulation of the business of ATM operators under this Act;
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(b) the performance by the Bank of its functions under this Act;
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(c) to ensure sufficient and effective access to cash infrastructure for individuals and SMEs.
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(5) An ATM operator shall comply with the prescribed requirements.
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