Restrictive Practices (Amendment) Act, 1987
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Amendment of Consumer Information Act, 1978. |
30.—The Consumer Information Act, 1978 is hereby amended by— | |
(a) the substitution for subsection (1) of section 13 of the following subsection: | ||
“(1) Where an advertisement in relation to the supply or provision of any goods, services, accommodation or facilities is published and does not include the name and address of the person who procured such publication or his agent, the publisher of the advertisement, shall, if the Director or an officer of the Minister so requests within 12 months of the publication of the advertisement, give to the Director or officer the name and address of such person or his agent.”, | ||
(b) the substitution for section 16 of the following section: | ||
“16. (1) In this section ‘authorised officer’ means a whole-time officer of the Minister authorised in writing by the Minister or the Director to exercise, for the purpose of the Acts, the Sale of Goods and Supply of Services Act, 1980 , the enactments and the Regulations specified in the First Schedule to the Restrictive Practices (Amendment) Act, 1987, and this Act, the powers conferred by this section. | ||
(2) Every authorised officer shall be furnished with a warrant of his appointment as an authorised officer which shall indicate the enactment or statutory instrument under which he is acting and, when exercising any power conferred on him by subsection (3) of this section shall inform any person affected of the title of the enactment to which the investigation relates and, if requested to do so, produce the warrant to him. | ||
(3) An authorised officer may, for the purpose of obtaining any information which may be required in order to enable the Minister or the Director, as the case may be, to exercise his functions under the Acts, the Sale of Goods and Supply of Services Act, 1980 , the enactments or the Regulations specified in the First Schedule to the Restrictive Practices (Amendment) Act, 1987, and this Act, on production of the authorisation of the officer, if so required— | ||
(a) at all reasonable times enter premises at which any trade or business or any activity in connection with a trade or business is carried on and inspect the premises and any goods on the premises and, on paying or making tender of payment therefor, take any of the goods, | ||
(b) require any person who carries on such trade, business or activity and any person employed in connection therewith to produce to the officer any books, documents or records relating to such trade, business or activity which are in that person's power or control and to give him such information as he may reasonably require in regard to any entries in such books, documents and records, | ||
(c) inspect and copy or take extracts from such books, documents and records, | ||
(d) require any such person to give to the officer any information the officer may require in regard to the persons carrying on such trade, business or activity (including, in particular, in the case of anunincorporated body of persons, information in regard to the membership thereof and of its committee of management or other controlling authority) or employed in connection therewith, | ||
(e) require any such person to give to the officer any other information which the officer may reasonably require in regard to such activity. | ||
(4) A person who obstructs or impedes an authorised officer in the exercise of a power, or does not comply with a requirement, under this section shall be guilty of an offence under this Act.”, | ||
(c) the substitution for section 18 of the following section: | ||
“18. (1) Summary proceedings in relation to an offence under this Act may be brought and prosecuted by the Minister. | ||
(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under the Acts or this Act may be instituted within 18 months from the date of the offence.”, | ||
(d) the amendment of section 19 by the insertion after “offence under” of “the Acts, the Sale of Goods and Supply of Services Act, 1980 , or” and the said section as so amended is set out in the Table to this paragraph. | ||
TABLE | ||
19. Where an offence under the Acts, the Sale of Goods and Supply of Services Act, 1980 , or this Act which is committed by a body corporate or an unincorporated body of persons is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager, secretary, member of the committee of management or other controlling authority of any such body or being any other similar officer of any such body, that person or the person so acting as the case may be shall also be guilty of that offence and shall be liable to be proceeded against and punished accordingly. |