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Consumer Protection Act 2007

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Number 19 of 2007


CONSUMER PROTECTION ACT 2007


ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters

Section

1. Short title and commencement.

2. Interpretation and application.

3. Regulations.

4. Repeals.

5. Expenses.

PART 2

National Consumer Agency

Chapter 1

The Agency

6. Establishment day.

7. Establishment of Agency.

8. Functions of Agency.

9. Review of legislation.

10. Membership of Agency.

11. Chairperson of Agency.

12. Meetings and procedures of Agency.

13. Committees.

14. Chief executive.

15. Functions of chief executive.

16. Attendance of chief executive before Committee of Public Accounts.

17. Attendance of chief executive before other Oireachtas Committees.

18. Membership of either House of the Oireachtas, European Parliament or local authority.

19. Indemnity for members of Agency.

20. Strategy statement and work programme of Agency.

21. Provision for co-operation between Agency and certain prescribed bodies.

22. Reports and information to Minister.

23. Accounts and audits.

24. Advances by Minister to Agency.

25. Disclosure of interests.

26. Power to enter into contracts and to engage consultants and advisers.

27. Premises of Agency.

28. Seal of Agency.

29. Power to borrow.

30. Authorised officers of Agency.

31. Disclosure of information relating to offences.

32. Prohibition on unauthorised disclosure of information.

33. Amendment of Freedom of Information Act 1997.

Chapter 2

Staff of Agency

34. Staffing.

35. Transfer of employment of certain persons to Agency.

36. Superannuation.

Chapter 3

Transfer of Functions, etc.

37. Transfer of functions to Agency.

38. Preservation of existing contracts.

39. Transfer of assets and liabilities.

40. References in certain other enactments to Director or Office of Director.

PART 3

Commercial Practices

Chapter 1

Unfair Commercial Practices

41. General prohibition on unfair commercial practices.

Chapter 2

Misleading Commercial Practices

42. General prohibition on misleading commercial practices.

43. Misleading: false, misleading or deceptive information.

44. Misleading: competitor or product confusion in marketing or advertising.

45. Misleading: non-compliance with commitment under code of practice by which trader is bound.

46. Misleading: withholding, omitting or concealing material information.

47. Offence: misleading commercial practices.

48. Prohibition on surcharges where one method of payment chosen in preference to another.

49. Requirement that surcharge (where otherwise permissible) be stated as part of price.

50. Consumer information regulations.

51. Offences: contravening consumer information regulations.

Chapter 3

Aggressive Commercial Practices

52. General prohibition on aggressive commercial practices.

53. Aggressive commercial practices.

54. Offence: aggressive commercial practices.

Chapter 4

Prohibited Commercial Practices

55. Prohibited commercial practices.

56. Offence: prohibited commercial practices.

57. Price display regulations.

58. Offence: price display contraventions.

59. Offence: weighing facilities in grocery retail.

60. Offence: preventing the reading of prices.

61. State of emergency affecting supply of a product.

62. Power to fix maximum prices during state of emergency.

63. Offence: contravening maximum price orders.

PART 4

Pyramid Promotional Schemes

64. Definition (Part 4).

65. Indictable offence: participating in, establishing, operating or promoting pyramid promotional schemes.

66. Pyramid promotional scheme agreements void.

PART 5

Proceedings, Remedies and Penalties

Chapter 1

Interpretation and General Matters related to Proceedings

67. Definition (Part 5).

68. Presumption respecting representations.

69. Advertisers.

70. Offence of trader due to act or default of another person.

Chapter 2

Civil Proceedings

71. Civil relief by way of prohibition orders.

72. Prohibition orders against code owners.

73. Undertakings with the Agency.

74. Consumer's right of action for damages.

Chapter 3

Compliance Notices

75. Compliance notices.

Chapter 4

Criminal Proceedings

76. Time limit for instituting proceedings.

77. Liability for offences by bodies corporate.

78. Defence of due diligence.

79. Fines and penalties.

80. Convicted persons liable for costs and expenses of proceedings and investigation.

81. Convicted traders liable to compensate consumers for loss or damage.

82. Court may order convicted person to publish corrective statement.

83. Summary trial of persons indicted.

84. Agency may institute summary proceedings for offences.

Chapter 5

Fixed Payment Notices

85. Fixed payment notices for price display and product pricing offences.

Chapter 6

Publication of Trader Names (Consumer Protection List)

86. Agency may publish information respecting certain persons.

PART 6

Miscellaneous

87. Protections for persons reporting breaches.

88. Voluntary submission of codes for Agency review and approval.

89. Admissibility of codes of practice in proceedings.

90. Agency guidelines.

91. Saving for certain contracts.

92. Saving of current price display orders.

93. Transitional.

94. Amendment of Central Bank Act 1942.

95. Amendment of Sale of Goods and Supply of Services Act 1980.

96. Saving for other rights person may have.

97. Amendment of Industrial Development Act 1993.

98. Amendment of Casual Trading Act 1995.

99. Amendment of Hallmarking Act 1981.

100. Power of officer of customs and excise to detain unsafe goods.

101. Directions under certain instruments respecting product safety: actions of third parties.

102. Admissibility of certain laboratory tests.

SCHEDULE 1

Existing Enactments

PART 1

Enactments — Acts of the Oireachtas

PART 2

Enactments made under the European Communities Act 1972 which are existing Enactments

SCHEDULE 2

Repeals

SCHEDULE 3

References in Certain Acts and Instruments to Director or Office of Director

PART 1

References in Certain Acts to Director of Consumer Affairs or Office of the Director of Consumer Affairs

PART 2

References in Certain Instruments to Director of Consumer Affairs or Office of the Director of Consumer Affairs

SCHEDULE 4

Enactments for the purpose of section 73 (Undertakings with the Agency)

SCHEDULE 5

Enactments for the purpose of section 75 (Compliance notices)

SCHEDULE 6

Redress for contravention of section 87

SCHEDULE 7

Statutory Instruments for the purposes of sections 101 and 102 (Directions respecting product safety and admissibility of laboratory tests)

SCHEDULE 8

Directives for the purpose of section 102 (Admissibility of laboratory tests)


Acts Referred to

Agricultural Produce (Fresh Meat) Act 1930

1930, No. 10

Agricultural Produce (Potatoes) Act 1931

1931, No. 26

Anglo-Portuguese Commercial Treaty Act 1914

5 & 6 Geo. 5., c. 1

Anglo-Portuguese Commercial Treaty Act 1916

6 & 7 Geo. 5., c. 39

Carer’s Leave Act 2001

2001, No. 19

Casual Trading Act 1995

1995, No. 19

Central Bank Act 1942

1942, No. 22

Central Bank and Financial Services Authority of Ireland Act 2003

2003, No. 12

Central Bank and Financial Services Authority of Ireland Act 2004

2004, No. 21

Companies Act 1990

1990, No. 33

Competition Act 2002

2002, No. 14

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Consumer Credit Act 1995

1995, No. 24

Consumer Information Act 1978

1978, No. 1

Criminal Procedure Act 1967

1967, No. 12

Electronic Commerce Act 2000

2000, No. 27

European Communities (Amendment) Act 1993

1993, No. 25

European Communities Act 1972

1972, No. 27

European Parliament Elections Act 1997

1997, No. 2

Food Safety Authority of Ireland Act 1998

1998, No. 29

Freedom of Information Act 1997

1997, No. 13

Hallmarking Act 1981

1981, No. 18

Industrial Development Act 1986

1986, No. 9

Industrial Development Act 1993

1993, No. 19

Interpretation Act 2005

2005, No. 23

Investment Funds, Companies and Miscellaneous Provisions Act 2006

2006, No. 41

Liability for Defective Products Act 1991

1991, No. 28

Local Government Act 2001

2001, No. 37

Merchandise Marks Act 1887

50 & 51 Vic., c. 28

Merchandise Marks Act 1891

54 & 55 Vic., c. 15

Merchandise Marks Act 1911

1 & 2 Geo. 5., c. 31

Merchandise Marks Act 1931

1931, No. 48

Merchandise Marks Act 1970

1970, No. 10

Merchandise Marks Acts 1887 to 1978

Minimum Notice and Terms of Employment Acts 1973 to 2005

National Archives Act 1986

1986, No. 11

National Standards Authority of Ireland Act 1996

1996, No. 28

Occasional Trading Act 1979

1979, No. 35

Official Languages Act 2003

2003, No. 32

Ombudsman Act 1980

1980, No. 26

Ombudsman for Children Act 2002

2002, No. 22

Organisation of Working Time Act 1997

1997, No. 20

Packaged Goods (Quantity Control) Act 1980

1980, No. 11

Package Holidays and Travel Trade Act 1995

1995, No. 17

Parental Leave Acts 1998 and 2006

Pawnbrokers Act 1964

1964, No. 31

Personal Injuries Assessment Board Act 2003

2003, No. 46

Portuguese Treaty Act 1930

1930, No. 35

Prices (Amendment) Act 1972

1972, No. 20

Prices Act 1958

1958, No. 4

Prompt Payment of Accounts Act 1997

1997, No. 31

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Pyramid Selling Act 1980

1980, No. 27

Redundancy Payments Acts 1967 to 2003

Restrictive Practices (Amendment) Act 1987

1987, No. 31

Road Traffic Act 1968

1968, No. 25

Sale of Goods and Supply of Services Act 1980

1980, No. 16

Seed Production Act 1955

1955, No. 14

Spanish Trade Agreement Act 1936

1936, No. 6

Taxes Consolidation Act 1997

1997, No. 39

Terms of Employment (Information) Act 1994

1994, No. 5

Terms of Employment (Information) Acts 1994 and 2001

Trading Stamps Act 1980

1980, No. 23

Unfair Dismissals Act 1977

1977, No. 10

Unfair Dismissals Acts 1977 to 2005

Veterinary Practice Act 2005

2005, No. 22

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Number 19 of 2007


CONSUMER PROTECTION ACT 2007


AN ACT TO GIVE EFFECT TO THE UNFAIR COMMERCIAL PRACTICES DIRECTIVE (DIRECTIVE NO. 2005/29/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 11 MAY 2005), TO ESTABLISH A BODY TO BE KNOWN AS AN GHNÍOMHAIREACHT NÁISIÚNTA TOMHALTÓIRÍ OR, IN THE ENGLISH LANGUAGE, THE NATIONAL CONSUMER AGENCY AND TO DEFINE ITS FUNCTIONS, TO MAKE NEW PROVISION IN RELATION TO PYRAMID SELLING SCHEMES, TO AMEND THE INDUSTRIAL DEVELOPMENT ACT 1993 AND TO PROVIDE FOR RELATED MATTERS.

[21st April, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: