Representative Actions for the Protection of the Collective Interests of Consumers Act 2023

Revocation of designation

11. (1) The Minister may revoke a designation of a qualified entity under section 8 where—

(a) following a review in accordance with section 13, or a failure to provide information requested in accordance with subsection (4) of that section, the Minister is of the opinion that the qualified entity no longer satisfies the designation criteria, or

(b) the qualified entity has failed to comply with a directions notice issued in accordance with section 10 .

(2) Where the Minister proposes to revoke a designation under subsection (1), he or she shall notify the qualified entity in writing of the proposed revocation.

(3) A notification under subsection (2) shall include particulars of the following:

(a) the proposal to revoke a designation under subsection (1) and the reason for it;

(b) that the qualified entity is entitled to make representations in accordance with section 12 regarding the proposal to revoke a designation;

(c) that if the qualified entity does not make such representations, the revocation of a designation under subsection (1) shall come into operation 28 days from the date of the service of the notification;

(d) that where the revocation comes into operation in accordance with paragraph (c), the Minister shall, where appropriate, notify the Commission that the name of the qualified entity should be removed from the list of qualified entities maintained by the Commission in accordance with Article 5(1) of the Directive;

(e) that the qualified entity is entitled to seek a review of the decision to revoke the designation in accordance with section 14 .