2015
BA.'\TKING AMENDMENT
No.l2
(a)
give the person due and clear notice of the nature of the
decision the Registrar is to make and of the factors the
Registrar is likely to take into consideration when making
it; and
(b)
subject to section 76, allow the person reasonable access to
the information available to the Registrar in regard to the
matter under consideration; and
(c)
give the person a reasonable opportunity to make
representations in the matter; and
(d)
take into account any representations that the person may
make in the matter;
and generally the Registrar shall observe due process and the rules
commonly known as the rules of natural justice.
(3) Subject to section 76, where the Registrar has made a decision
or taken any action that adversely affects the rights or interests of any
person, the Registrar shall provide that person, promptly on demand, with
full written reasons for the decision or action.
(4) The Govcmor, with the approval of the Board of the Reserve
Bank (or, in cases of urgency, by ratification by the Board aftenvards of
any directions given), may give the Registrar general directions of policy
to be adopted by the Registrar in the performance of his or her functions:
Provided that all such directions shall be in \vriting and kept by
the Registrar at his or her office, where they may be inspected free of
charge by members of the public at all reasonable times during office
hours.
(5) Except as provided in subsection (4), the Registrar shall not,
in the perfonnance of his or her functions under this Act, be subjectto the
direction or control of the Governor or any other officer of the Reserve
Bank.
(6) Subsections (2) and (5) do not apply in cases of urgency in
which, in the opinion of the Registrar or the Govemor, as the case may
be, the interests of defence, public safety, public order, public morality
or the general public interest is affected:
Provided that the Registrar or the Govemor, as the case may be,
shall make a written record of the reasons for the urgency and avail the
same to any interested person.
4C Adoption of prudential standards of bank supervision
(1) The Registrar, on reasonable written notice to the banking
institutions and controlling companies concerned, may adopt such sound
prudential supervisory and regulatory standards and practices as he or
she considers appropriate for the purpose of monitoring and supervising
the activities of banking institutions and controlling companies.
(2) The Registrar shall ensure that the standards and practices
adopted in terms of subsection (1) arc made known to the banking
institutions and controlling companies affected by them.
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