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Local deficiencies
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7. (1) The Bank may, subject to subsection (3), on its own initiative or having assessed any notification made to it under subsection (2), make a determination that, in any part of a NUTS 3 region—
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(a) there is a deficiency which limits access to cash infrastructure for individuals or SMEs, or
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(b) there is reasonably likely to be a deficiency which limits access to cash infrastructure for individuals or SMEs,
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whether or not the access to cash criteria for the NUTS 3 region concerned are complied with (in this Act referred to as a “local deficiency”).
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(2) A person may notify the Bank, in writing, where the person is of the opinion that, in any place specified in the notification—
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(a) there is a deficiency which limits access to cash infrastructure for individuals or SMEs, or
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(b) there is reasonably likely to be a deficiency which limits access to cash infrastructure for individuals or SMEs.
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(3) For the purposes of making a determination under subsection (1), the Bank shall, in accordance with the guidelines—
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(a) assess any notification made to it under subsection (2), and
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(b) have regard to any or all of the matters referred to in subsection (5) as it considers may be appropriate in the circumstances.
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(4) Where the Bank makes a determination under subsection (1)(a), the Bank shall make a determination, in accordance with the guidelines, having regard to any or all of the matters referred to in subsection (5) as it considers may be appropriate in the circumstances, as to whether it is appropriate and proportionate that the local deficiency concerned be remedied.
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(5) The matters referred to in subsections (3)(b) and (4) shall include the following:
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(a) the number of people impacted or likely to be impacted by the local deficiency concerned;
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(b) the number of ATMs, the number of cash service points and the cash demand, in the part of the NUTS 3 region concerned, prior to the local deficiency arising;
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(c) the current number of ATMs, the current number of cash service points and the current cash demand, in the part of the NUTS 3 region concerned (“the first mentioned part”) and in any other part of the NUTS 3 region concerned or of any other NUTS 3 region, adjacent to the first-mentioned part;
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(d) the hours of availability of cash infrastructure in the part of the NUTS 3 region concerned (“the first-mentioned part”) and in any other part of the NUTS 3 region concerned or of any other NUTS 3 region, adjacent to the first-mentioned part;
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(e) travel and geographic factors;
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(f) demographic factors applicable to the persons impacted by the local deficiency;
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(g) the impact of the local deficiency on financial inclusion;
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(h) the likely cost of taking any measures to remedy the local deficiency;
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(i) such other matters as the Bank considers appropriate for the purposes of making a determination under subsection (1) or (4), as the case may be.
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(6) The Bank shall specify on a website maintained by it or on its behalf the form and manner in which a notification shall be made to it under subsection (2) and, subject to the guidelines, the information that shall accompany the notification.
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