Consumer Credit Act, 1995

Functions of Director.

4.—(1) The Director shall have the following functions for the purposes of this Act in addition to the other powers conferred on him by this Act:

(a) to keep under general review practices or proposed practices in relation to any of the obligations imposed on persons by any provision of this Act,

(b) to carry out investigations of any such practices or proposed practices where he considers that in the public interest, such investigations are proper or the Minister so requests,

(c) to request persons engaging in or proposing to engage in such practices as are, or are likely to be, contrary to the obligations imposed on them by any provision of this Act to discontinue or refrain from such practices,

(d) to institute proceedings, after consultation with the Central Bank, in the High Court for orders requiring persons engaging or proposing to engage in any practices as are, or are likely to be, contrary to the obligations imposed on them by any provision of this Act, to discontinue or refrain from such practices (having been requested under paragraph (c) to so discontinue or refrain and failed to do so),

(e) to investigate complaints concerning possible breaches of the provisions of this Act and in deciding whether to conduct such an investigation the Director may have regard to the existence of other dispute settling procedures, and

(f) to publish Codes of Practice setting out conduct regarding agreements to which this Act applies, in order to secure transparency and fairness in relation to the terms of agreements to which this Act applies and the conduct of agents dealing with the consumer.

(2) The Director may provide in response to complaints or otherwise, information or advice to consumers concerning agreements to which this Act applies, and, in particular, on the obligations imposed on creditors or other persons by this Act.

(3) The Director shall, not more than 3 months after the end of each year, present a report to the Minister of the Director's activities in that year in relation to the performance of the Director's functions under this Act and the Minister shall cause a copy of the report to be laid before each House of the Oireachtas within 2 months of receipt of it.

(4) The Director shall furnish to the Minister such information regarding the performance of the Director's functions under this Act as the Minister may from time to time require.