|
[GA]
| |
| |

|
| |
|
| |
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
|
|
| |

|
| |
|
| |
Number 19 of 2007
|
| |
|
| | CONSUMER PROTECTION ACT 2007
|
| |
|