Consumer Rights Act 2022

Amendment of section 75 of Act of 2007

162. Section 75 of the Act of 2007 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) In this section, ‘prohibited act or practice’ does not include—

(a) a contravention of a regulation under section 57 (respecting price display regulations),

(b) in relation to a financial service (within the meaning of the Central Bank Act 1942) provided by a trader who is a regulated financial service provider (within the meaning of that Act), a failure or refusal by the trader to provide—

(i) a remedy to which a consumer is entitled under section 85 (1) or 86 (2)(a) of the Act of 2022, or

(ii) a reimbursement to which a consumer is entitled under section 90 of the Act of 2022.”,

(b) in subsection (3)(d), by the substitution of “relevant court specified in the notice” for “District Court”,

(c) by the insertion of the following subsection after subsection (3):

“(3A) Where the person on whom the compliance notice is served is a trader, an authorised officer may include a requirement under subsection (3)(b) that the trader refund any payments made by the consumer in any transaction relating to the contravention to which the notice relates;”,

(d) in subsection (5), by the substitution of “relevant court specified in the notice” for “District Court in the district court district in which the notice was served”, and

(e) by the insertion of the following subsection after subsection (14):

“(15) In this section, ‘relevant court’ means—

(a) the District Court,

(b) the Circuit Court, or

(c) the High Court.”.