| (1) |
The Agency may prescribe rules with regard to— |
[Section 57(1)(a) amended by section 252(a) of Act No. 45 of 2013]
| (aA) |
the matters referred to in section 55(1)(f) to (h) and paragraph (aB) of this subsection, in consultation with the Authority; |
[Section 57(1)(aA) substituted by section 290, item 17(a) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]
| (aB) |
co-operative financial institutions, in order to perform the Agency's functions in relation to co-operative financial institutions, including regulatory and supervisory functions, as specified in terms of this Act, or which the Authority may, with the concurrence of the Minister, delegate or assign to the Agency; |
[Section 57(1)(aB) inserted by section 290, item 17(b) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]
| (b) |
any matter that is required or permitted to be prescribed in terms of this Act; and |
| (c) |
any other matter for the better execution of this Act or a function or power provided for in this Act. |
| (2) |
Rules referred to in subsection (1) may— |
| (a) |
apply to co-operative banks, representative bodies, support organisations or co-operative financial institutions generally; |
| (b) |
be limited in application to a particular co-operative bank, representative body, support organisation or co-operative financial institution, or kind of co-operative bank or co-operative financial institution, which may be defined either in relation to a type or budgetary size of co-operative bank or co-operative financial institution, or to any other matter; and |
| (c) |
only apply to co-operative financial institutions, in the case of rules referred to in subsection (1)(aB). |
[Section 57(2) substituted by section 290, item 17(c) in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]
| (a) |
Before the Agency prescribes any rule under this section, it must— |
| (i) |
secure the written approval of the Minister; and |
| (ii) |
publish a draft of the proposed rule in the Gazette and such other electronic and printed media as the Agency considers appropriate together with a notice calling on the public to comment in writing within a period stated in the notice, which period may not be less than 30 days from the date of publication of the notice. |
| (aA) |
Before the Agency secures the written approval of the Minister in terms of paragraph (a)(i), in respect of any Rule that applies to a co-operative bank, the Agency must obtain written approval of the Authority. |
[Section 57(3)(aA) inserted by section 252(c) of Act No. 45 of 2013]
| (b) |
If the Agency alters a draft rule because of any comment, it need not publish the alteration before prescribing the rule. |
| (4) |
The Agency may, if circumstances necessitate the immediate publication of a rule, publish that rule without consultation as contemplated in subsection (3)(a)(ii). |
Older Persons Act, 2006
