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16 1989

CENTRAL BANK ACT, 1989

PART III

Coinage

Definition ( Part III ).

124. —In this Part “the Act of 1969” means the Decimal Currency Act, 1969 .

Amendment of section 3 of Act of 1969.

125. —(1) Section 3 of the Act of 1969 is hereby amended—

(a) by the insertion of the following subsection after subsection (3):

“(3A) The Minister may, in respect of any cupronickel or bronze coins of a particular denomination provided under this section, by order amend the said First Schedule by substituting, for the standard weight and remedy allowance relating to that weight which are specified therein in respect of those coins, such other standard weight and remedy allowance relating to that weight as he thinks fit and specifies in the order and the said First Schedule shall have effect accordingly.”;

(b) in subsection (5), by the substitution of the following paragraph for paragraph (c):

“(c) Whenever an order is proposed to be made under this subsection, other than only for the purpose of amending—

(i) the standard weight and standard composition of any coins and the remedy (or variation from the standard weight and standard composition) to be allowed in respect thereof, or

(ii) any such weight or composition or remedy (or variation from either such weight or composition),

a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House.”.

(2) Any order made in whole or in part under section 3 (5) of the Act of 1969 and in force immediately before the commencement of this section shall continue in force as if it had been made to the like extent under and in accordance with the said section 3(5) as amended by subsection (1) (b).

Amendment of section 4 of Act of 1969.

126. —(1) Section 4 of the Act of 1969 is hereby amended—

(a) by the deletion of subsection (1), and

(b) in subsection (2)—

(i) by the substitution of the following paragraph for paragraph (a):

“(a) The Minister may, whenever and so often as he thinks fit, by order (in this section referred to as a new coinage order) declare that it is expedient to provide coins of a specified metal or a specified mixture of metals, other than as provided for by or under section 3 of this Act, of any specified denomination of coin which the Minister is authorised by or under the said section 3 to provide.”,

and

(ii) by the substitution of the following paragraph for paragraph (d):

“(d) Whenever an order is proposed to be made under this subsection, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House.”.

(2) Any order made in whole or in part under section 4(2) of the Act of 1969 and in force immediately before the commencement of this section shall continue in force as if it had been made to the like extent under and in accordance with the said section 4 (2) as amended by subsection (1).

Legal tender (coinage).

127. —The Act of 1969 is hereby amended by the substitution of the following section for section 8:

“8. (1) A tender of money if made in coins which are issued or deemed to be issued under any provision of the Decimal Currency Acts, 1969 to 1989, shall, in respect of each denomination tendered, be legal tender for the payment of an amount not exceeding twenty times their face value but for no greater amount.

(2) Subsection (1) of this section shall not apply to coins called in under section 12 of this Act from the relevant operative date for the purposes of subsection (2) of that section.”.

Alteration of penalties under Act of 1969.

128. —The Act of 1969 is hereby amended—

(a) in section 14, by the substitution of the following subsection for subsection (3):

“(3) Every person who makes or issues any piece of metal or mixed metal in contravention of subsection (1) of this section shall be guilty of an offence and shall be liable—

(i) on summary conviction to a fine not exceeding £1,000 or at the discretion of the court to imprisonment for a term not exceeding one year or to both such fine and such imprisonment, or

(ii) on conviction on indictment to a fine not exceeding £5,000 or at the discretion of the court to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.”,

(b) in section 15, by the substitution of the following subsection for subsection (2):

“(2) If any person—

(a) acts in contravention of this section, or

(b) fails to comply with any condition attached to a licence under this section,

he shall be guilty of an offence and shall be liable—

(i) on summary conviction to a fine not exceeding £1,000 or at the discretion of the court to imprisonment for a term not exceeding one year or to both such fine and such imprisonment, or

(ii) on conviction on indictment to a fine not exceeding £5,000 or at the discretion of the court to imprisonment for a term not exceeding two years or to both such fine and such imprisonment and, in addition, the court may order the articles in respect of which the offence was committed to be forfeited.”.

Amendment of section 17 of Act of 1969.

129. —Section 17 of the Act of 1969 is hereby amended by the substitution of “(other than an order under section 3 (5) or 4 of this Act which is required to be confirmed by resolution of each House of the Oireachtas before coming into force, or an order under section 12 of this Act)” for “(other than an order under section 3 (5), 4 or 12 of this Act)”, and the said section 17, as so amended, is set out in the Table to this section.

TABLE

17. Every order and regulation under this Act (other than an order under section 3 (5) or 4 of this Act which is required to be laid in draft before each House of the Oireachtas, or an order under section 12 of this Act) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either House within the next twenty-one days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Collective citation ( Part III ).

130. —The Decimal Currency Acts, 1969 and 1970, and this Part may be cited together as the Decimal Currency Acts, 1969 to 1989.