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

Review of designation

13. (1) The Minister shall—

(a) undertake a review of the designation of a qualified entity where concerns are raised by another Member State or the Commission regarding the compliance by a qualified entity with the criteria specified in Article 4(3) of the Directive, and

(b) undertake, at least once every 5 years, a review of the designation of a qualified entity to ensure that the qualified entity continues to satisfy the designation criteria.

(2) For the purposes of a review undertaken in accordance with this section, the Minister may—

(a) inspect and make copies of any books, records or other documents (including books, records or documents stored in non-legible form), or extracts therefrom, relating to the qualified entity,

(b) by notice in writing, request the qualified entity to provide additional information to him or her, and

(c) request any person at the place of work or premises concerned, including the owner or person in charge of that place or premises, to give the Minister such information and assistance as he or she may reasonably require for the purposes of a review under this section.

(3) A person requested to provide information or assistance in accordance with subsection (2) shall comply with a request of the Minister to provide such information and assistance as the Minister may reasonably require for the purposes of the review.

(4) Where a qualified entity fails or refuses to provide information requested in accordance with this section, the Minister may revoke the designation of the qualified entity under section 11.