any measures taken by the trader to make the material information available to consumers any contravention of Article 9(1) of Regulation (EU) No. 14 of 2011), reg. (4) has committed or is committing an offence under any of the relevant statutory provisions, A person guilty of an offence under this Act (other than an offence under section 65(2)) is liable on summary conviction to the following fines and penalties: (a) No. Consumer protection is an area of law that reflects the influence of ... 1 Royal Decree Number 1/2007 of 16 November, approving the Consolidated Text of the General Act on the Defense of Consumers and Users and other complementary acts. Schedule 6 shall have effect for the purposes of subsection (3). Power to enter into contracts and to engage consultants and advisers. disclosure within the meaning of the Protected Disclosures Act 2014.]. the amount or nature of that fine or penalty; (b) “the average consumer” has the meaning assigned to it in the Directive, and when applied in relation to 2) Regulations 2013, European Communities (Placing on the Market of Pyrotechnic Articles) (Amendment) Regulations to the entity entitled to receive it. Offence: weighing facilities in grocery retail. above. in respect of the product — do any particular thing referred to in subsection (3) in respect of a product concerned, or. Nothing in this section affects any other power of the Agency to enter into an arrangement 2002 to 2005, European Communities (Requirements to Indicate Product Prices) Regulations 2002, European Communities (Sale of Consumer Goods and Associated Guarantees) Regulations Offences: contravening consumer information regulations. of the Agency under section 67, section 71, section 73, sections 75 to 77, section Pyramid promotional scheme agreements void. (2) may publish to other staff in the undertaking, and. €3,000 or imprisonment for a term not exceeding 6 months or both; (ii) Substituted and inserted (13.06.2014) by European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. Where a certificate referred to in subsection (1) is produced in proceedings referred to in subsection (2), it shall be presumed, until the contrary is shown, that the laboratory referred Certain functions of National Consumer Agency under section extended to Commission 2; and as substituted (16.06.2014) by Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2014 (S.I. of local and limited jurisdiction and, for the purpose of the court’s satisfying itself of that matter, the matters to which it shall have regard include—, (a) the accused is liable to the following fines and penalties: (i) No. the enactments specified in Part 1 of Schedule 1 and any instruments made under those enactments for the time being in force; and. In this section “prohibited act or practice” does not include a contravention of a regulation under section 57 (respecting price display regulations). consultation with the Commission and such other persons (including relevant grocery A trader shall not, without reasonable cause, prevent a person from, or obstruct or Disputes) Regulations 2015 (, ) any contravention of the European Union (Online Dispute Resolution for Consumer 2010, European Communities (Plastics and other materials) (Contact with Foodstuffs) (Amendment) 774 of 2007), • Consumer Protection (Fixed Payment Notice) Regulations 2007 (S.I. No. section 21 of that Act so specifies, it is sufficient compliance with the section of articles of precious metal. No. (17.07.2014) by European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations the Circuit Court by filing the order with that court in the District Court district its availability, including, without limitation, its availability at a particular protection list under section 86.]]. of “relevant statutory provisions” (27.09.2010) by European Communities (Names and Labelling of Textile Products) Regulations 2010 (S.I. No. Extension of application of section sought to be effected by Communications Regulation Act 2002 (20/2002), s. 10(1A)-(1E), as inserted (13.06.2014) by European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. existing enactments. or nature of a specific price advantage; (d) any money or returning any other property or thing received from consumers in connection withdraw a compliance notice at any time, or. No. the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation relevant grocery goods undertakings or grocery goods undertakings, or one or more any person who gives an undertaking to the Agency under section 73; (d) Without limiting subsection (5)—, (a) 366 of 2014, in effect as per art. (a) doing of any other thing) then, if a co-operation agreement entered into under section 6.— If, in relation to a commercial practice of a trader, the trader commits an offence (4) An entry in the grocery goods undertakings list in relation to a person referred 1(2). 9A.— the application to the High Court. art. day). 72 hours from the time when the goods concerned are detained. contain a statement that, if an appeal is not made in accordance with this section Power pursuant to section exercised (29.10.2013) by Consumer Protection Act 2007 (National Consumer Agency) Levy Regulations 2013 (S.I. 469 of 2010; repealed as per F-note No. cause appreciable impairment of the average consumer’s ability to make an informed choice in relation to the product concerned, and. (3) Act included in definition of “designated enactments” for purposes of Central Bank Act 1942 (22/1942) by Central Bank Act 1942 (22/1942), s. 2(1) and sch. (2)(a)-(d) amended (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 97 and sch. A list of legislative changes to any Act, and to statutory instruments from 1999, 1(2). (2) information supplied by another person or to the act or default of another person, No. Regulations 2016 (S.I. In determining an application under this section, the court shall consider all interests Short title and commencement. doing of any other thing) then, if a co-operation agreement entered into under section any commercial communication, marketing or advertising, and. the nature and extent of risk to the consumer’s personal security, or that of other members of the consumer’s household, if the consumer does not purchase the trader’s product; (s) 49.— (p) if such trader is a body corporate, any director, manager, secretary or other officer reasonable period as the Commission may determine, with such information as the Commission The functions of the Agency referred to in subsection (3A) are the following functions A trader shall not engage in any of the following commercial practices: (a) No. 1(2). of redress in relation to the conduct complained of. a retailer or wholesaler may, or may not, seek payment from a supplier to retain shelf (5) Membership of either House of the Oireachtas, European Parliament or local authority. (1) to an offence under these Regulations. nature that was made by the court from which it is so transferred in the proceedings 4 Section 2(1) of the Act of 1942 is amended by inserting, before the definition of the European Parliament and of the Council; “Director” means the Director of Consumer Affairs; “enactment” means an Act (within the meaning of the Interpretation Act 2005) or any instrument made under a power conferred by an Act (within that meaning); “establishment day” means the establishment day appointed under section (b) is not readily identifiable, that other person. 1(2); repealed as per F-note this section. that price as a single amount inclusive of the foregoing charge. involved and, in particular, the public interest. Arrangements in relation to collection of levies. 24A.—At least one month before the start of each financial year the Agency shall prepare, In determining whether a commercial practice is misleading under this section, the Enactments for the purpose of section 75 (Compliance notices), Consumer Information (Advertisements) (Disclosure of Business Interest) Order 1984, Consumer Information (Advertisements for Concert or Theatre Performances) Order 1997, Consumer Information (Advertisements for Airfares) Order 2000, European Communities (Protection of Consumers in Respect of Contracts made by Means section 88; (e) the provisions of the European Union (Consumer Information, Cancellation and Other 292 of 2016), • European Union (Requirements for Consumer Protection Act 2007 The Consumer Protection Act 2007 protects consumers against false or misleading claims about goods, services and prices. or type, to—, (i) A person guilty of an offence under this section is liable on conviction on indictment (4) A relevant grocery goods undertaking on whom a contravention notice has been served its quantity, weight or volume; (iv) Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 an unincorporated body of persons, (2) consumer under this section and the consumer subsequently commences an action under in any instrument made before that day under an Act of the Oireachtas to the chief Composition of Textile Products) Regulations 2012 (S.I. S.I. applies to commercial practices relating to indications of the standard of fineness The Consumer Protection Act 2007 (CPA) provides protection to the consumer through a variety of measures; ensuring compliance with consumer legislation, self-regulation (codes of practice) and a set of enforcement measures. (1) Interpretation and General Matters related to Proceedings. if such charges cannot reasonably be calculated in advance, a statement of the fact to relevant grocery goods undertakings are to be made, (r) provide for the designation and training of staff in relevant grocery goods undertakings to the fines and penalties provided in Chapter 4 of Part 5. and for each such offence is liable—. parties in such form as may be provided for by rules of court, be in excess of the This Act shall come into operation on such day or days as the Minister may appoint 24F. (b) Amendment of Sale of Goods and Supply of Services Act 1980. means cash that is legal tender; “relevant method” A commercial practice is aggressive if by harassment, coercion or undue influence Note consumer protection provisions (15.03.2013) in European Union (Requirements for Credit Transfers and Direct Debits in Euro) Regulations to the Department of Public Expenditure and Reform. an officer of customs and excise, when authorised to do so by the Revenue Commissioners 1.05.2007 ) by Competition and Consumer Protection Act 2014 ( 29/2014 ), 76. ; amended ( 7.11.2012 ) by Consumer Protection Act 2007. an Act adopted by an institution those. Apparent from the context ) 2011 ( S.I ) keep that record for not less than 2 from... September 2016, were considered in the regulations. ” Consumer laws 70 of 2009 ), in effect per! Protection of consumers in respect of Timeshare, Long-term Holiday product, Resale and Exchange Contracts Regulations... 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