Section applied with modifications and references construed (9.01.2016) by European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. in respect of consumers, or. make immediate or deferred payment for the product, or. Power pursuant to section exercised (15.09.2016) by Consumer Protection Act 2007 (Competition and Consumer Protection Commission) Levy No. Attendance of chief executive before Committee of Public Accounts. a representation that supply of a product is legal, if it is not, or creating such (6) As soon as practicable after deciding not to investigate a complaint, or to discontinue The functions of the Agency specified in subsection (5) are, in so far as they relate Amendment of Industrial Development Act 1993. takes effect shall not be less favourable than the terms and conditions relating to (4) Sections 77, 78 and 80 of the Act of 2007 shall apply to an offence under these Power pursuant to section exercised (10.10.2014) by Consumer Protection Act 2007 (National Consumer Agency) Levy Regulations 2014 (S.I. such extent as may be sanctioned by the Minister for Finance, be paid out of monies Previous affecting provision: obligation imposed on Central Bank of Ireland to provide those provisions otherwise apply. provision and different days may be so appointed for different purposes or different 92.— proposed amendments by the Agency and, for this purpose, subsections (3) and (4) apply with the necessary modifications. If an offence under this Act is committed by a body corporate and is proved to have O.J. Time limit for instituting proceedings. 3. has the same meaning as it has in the Competition and Consumer Protection Act 2014; means a natural person (whether in the State or not) who is acting wholly or mainly (8) Inserted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 24 and sch. appeal and the Commission shall be entitled to appear, be heard and adduce evidence (b) On convicting a person of an offence under this Act, the court shall, unless satisfied If the amount of compensation payable under a compensation order is paid to the aggrieved the main characteristics of the product, to an extent appropriate to the medium and (c) specify the circumstances in which arrangements relating to the supply or delivery, 409 of 2013), • Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. The National Consumer Agency state that commercial practice is unfair when breach of good faith occurs and the average consumer is denied the reasonable standard of skill and care to which he is entitled. 63.— of the Bank and subsections (6) to (8) have effect for the purposes of this subsection. it would be likely to—, (a) the communication concerned. (2) 484 of 2013).—. In determining whether a commercial practice is aggressive under subsection (1), the commercial practice shall be considered in its factual context, taking account (5) Any relief by way of damages, including exemplary damages, for an action under This section applies to a person—, (a) (Supplementary Supervision of Insurance Undertakings in an Insurance Group) Regulations goods undertakings, in relation to the sale or supply of grocery goods. 130 of 2003). to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5). (b) references in those subsections to a prohibited act or practice shall be read as references the product; (b) apparent to the consumer in the context of the commercial practice: (a) (a) Offence: weighing facilities in grocery retail. 2, 3, 5 and sch. 58. that creates an offence in respect of a contravention of a direction given under certain provisions of the Prices Act 1958 referred to in section 92 and the enactments specified in subsection (1)(a) to (e) of that section to the extent to which they remain in force for the purposes of this (1) (1) sale) shall—, (a) (3) Subsections (2) to (5) shall, with the following modifications and any other necessary modifications, apply (a) The compensation payable under a compensation order—, (a) for the sale or supply of grocery goods to, or the purchase or receipt of goods from, 18. the general principle of good faith in the trader’s field of activity; (ii) No. Regulations 2013. Misleading practices(provision of … An advertiser who accepts or agrees to publish an advertisement for a trader shall—, (a) and for each such offence is liable on conviction on indictment to a fine not exceeding No. 68.— (1) 366 of 2014, in effect as per reg. 6-40) Chapter 1 The Agency (ss. that the consideration or gift given, as the case may be, was given within the State, (c) collecting the product or having it delivered; (i) (2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions, 142 of 2012), reg. 53.— or the High Court and such a court may, in that action, award such damages as the 4. (9) (a) state that the Commission is of the opinion that the relevant grocery goods undertaking No. (4) The functions of the Agency referred to in subsection (3A) are the following functions 35 of 2016), • European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. goods undertaking in the course of providing catering, restaurant or take-away services these Regulations as they apply to an offence under that Act and, accordingly, references No. (a) Substitute the following for paragraph (g): (b) In paragraph (j), substitute “the National Consumer Agency” for “the Office of the Director of Consumer Affairs”. No. Regulations 2016 (S.I. (1) No. Application of Act extended by Central Bank Act 1942 (22/1942), subss. Construction of certain expressions in sections 5 and 6. is supplied, when it is not so available. 336 of 2014), reg. Made by Means of Distance Communication) Regulations 2001 (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) 6-33) 6. different classes or types of advertisements, (c) food legislation, within the meaning of the Food Safety Authority of Ireland Act 1998; (b) it shall be presumed, until the contrary is proved, that a practice existed on the within the meaning of the Protected Disclosures Act 2014.]. No. 27 of 1995 and S.I. 2007 (S.I. No. A payment referred to in subsection(3) shall be accompanied by the original or a copy of the fixed payment notice concerned. A person guilty of an offence under this Act (other than an offence under any of the specify in their advertisements the means by which that information may be obtained to where that food is on display for sale. Inserted (9.01.2016) by European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. (3) this section which it is satisfied it is appropriate for it to deal with as a court aid, and. be eligible or have opportunity to receive compensation under the scheme. the Agency; ) penalties that are payable by a person who fails to pay a levy on time; ) the keeping of records, and the making of returns to the Agency, by persons who on a first summary conviction for any such offence, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both; (b) mark or symbol, without having obtained necessary authorisation to do so; (l) Substitute the following for paragraph (6): Genetically Modified Organisms (Deliberate Release) Regulations 2003 (S.I. Power pursuant to section exercised (1.05.2007) by Consumer Protection Act 2007 (Commencement) Order 2007 (S.I. A certificate in writing purporting to be signed by a person employed in a relevant subject to subsection (3F), references to the Agency in the provisions of that Act in relation to that type of product. (2) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention payable; ) the persons, or classes of persons, who are required to pay specified kinds of levies; ) the amounts of specified kinds of levies; ) the periods for which, or the dates by which, specified levies are to be paid to (7) (a) the desirability of the promotion of competitive trade between grocery goods undertakings. No. If the person on whom the compliance notice is served wishes to dispute the notice, Prompt Payment of Accounts Act 1997 (No. contain a statement that, if an appeal is not made in accordance with this section consultation with the Commission and such other persons (including relevant grocery 5, in effect as per reg. as a reference to the chairperson of the Commission. 292 of 2016), reg. Regulations. Enforcement of Consumer Protection Laws) (Amendment) (No. (i) a grocery goods undertaking to make any payment or grant any allowance, (k) specify arrangements regarding promotions of grocery goods and related activities to a sale or purchase of grocery goods but is not applied directly to the selling For the purposes of subsection (1), it is immaterial that the trader also accepts payment in respect of the product any other method or methods of payment prescribed by the Minister. No. May 2005 of Distance Communication) Regulations 2001, European Communities (Protection of Consumers’ Collective Interests) Regulations 2001, European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations trader in the form and which contains the terms and conditions the Agency determines (1) in the State, and includes any such undertaking whether located in the State or not; means grocery goods that become unfit for sale after their delivery by a grocery (d) Subject to this section, the Agency may prepare, issue and publish guidelines applicable required in relation to the calculation of levies to be imposed under section 24B require persons who are subject to such levies to provide the Commission within such taking account of all of its features and the circumstances. (d) the importance of maintaining freedom of contract between grocery goods undertakings. business in the direct supply to any wholesaler or retailer of grocery goods for resale imposing restrictions on the placing on the market of one or more products. 366 of 2014, in effect as per art. same place for a reasonable period of time before the representation was made, and. 41.— State of emergency affecting supply of a product. rendered in that court in civil proceedings. explicitly informing a consumer that if the consumer does not purchase a product, of the Member States relating to personal protective equipment, Council Directive 90/396/EEC of 29 June 1990 on the approximation of the laws of the financial year sufficient to. ) Misleading: non-compliance with commitment under code of practice by which trader the existence or nature of a product; (b) Protections for persons reporting breaches. No. in relation to the supply of a product to which the order relates, the Government 1(2). No. by the trader in relation to a consumer transaction, including any such conduct or persuade a parent or adult to purchase the product for them; (f) No. (b) on conviction on indictment, to the fines and penalties provided for in section 79. The Agency may refund the whole or a part of a levy paid or payable under regulations (e) Regulations 2015 (S.I. A levy prescribed under, s performance of its functions referred to in, (3) than one month from receipt of such confirmation, give notice to the relevant grocery is made) that the Government think proper and specify in the order, and. ‘Bank’ means the Central Bank of Ireland; ‘secondee’ means an employee seconded from the Bank to the Commission under the arrangements any provision (in particular, sections 2, 18, 19 and 22 to 28) of the Prices Act 1958 that is relevant to the enforcement of those orders remain in force: (a) Commission. undertaking. (3) 2013 (S.I. is not in compliance with the approval, authorisation or endorsement; (j) (1) The European Communities (Safety of Toys) Regulations 1990 (S.I. draft guidelines and consult with any person, as the Agency considers appropriate. proceedings by Competition and Consumer Protection Act 2014 (29/2014), s. 86(1), S.I. shall at the same time notify the Commission of the appeal and the grounds for the within which an appeal may be made under, (e) include information regarding the making of an appeal under, (3) A contravention notice may include directions, (5) Where a relevant grocery goods undertaking on whom a contravention notice has A commercial practice is misleading if it would be likely to cause the average consumer which the code owner resides or carries on any business or profession” for “in which the prohibited act or practice concerned is being committed or engaged in”, and. a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both; (b) Offence: prohibited commercial practices. that promotion) if it is not made clear that the promotion is a paid promotion, whether 2 item 24, S.I. No. The Minister may make different regulations under this section for—. the space or time available in any communications medium used, and. Service and Users, European Communities (Labelling, Presentation and Advertising of Foodstuffs) (Amendment) part of the defendant to accept payment in respect of the product by those foregoing Admissibility of certain laboratory tests. (ii) the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 where the representation is in writing and the word ‘plated’ or ‘rolled’ is used, that word is at least as large as the rest of the representation. in a case where the restriction concerned does not prohibit the doing of that particular of the fact of the conviction (4.12.2011) by European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. Consumer Claims, and for matters connected therewith. Regulations 2013 (S.I. Notwithstanding section 4 but subject to subsection (2), the following enactments made under section 19 of the Prices Act 1958 (before its repeal under this Act) remain in force for the purposes of this Act and or give any directions in respect of the publication of that statement. 2 part 1 item 23, S.I. those financial years. 7 part 1 item 24(b), S.I. Disclosure of information relating to offences. (iii) 27(4) of the European Union (Consumer Information, Cancellation and Other Rights) on the relevant grocery goods undertaking. (1) €500. Previous affecting provision: subs. commission of the offence was due to a mistake or the reliance on information supplied to any neglect on the part of any person being a director, manager, secretary or any (2) the dissemination of information in relation to the implementation of such regulations 9A.— If, after being convicted of an offence, the person referred to in subsection (1) continues to contravene the requirement or prohibition to which the offence relates, (1) compliance direction or requirement specified in a compliance notice and, on summary In determining whether a commercial practice is misleading under subsection (1), the commercial practice shall be considered in its factual context, taking account 35 of 2016), in effect as per reg. a misleading commercial practice described in section 45, or. of the emergency order in respect of which it is made. 1(2). it is the practice of a trader to accept payment in respect of a product by different Substituted and inserted (20.07.2011) by European Communities (Safety of Toys) Regulations 2011 (S.I. of the Commission and the Governor of the Bank consent. 32 of 66. 88.— The Code set out the requirements that regulated firms must comply with when dealing with consumers in order to ensure a similar level of protection for consumers, regardless of the type of financial services provider. 34(1)(c), in effect as per reg. 54. of for the benefit of the Exchequer in such manner as the Minister for Finance directs. (13) price. by a consumer. means an employee seconded from the Bank to the Commission under the arrangements If, in relation to an application under this section to the Circuit Court, that court No. of was done or engaged in by a body corporate it shall be presumed, until the contrary (b) existing enactments. or platinum is a misleading commercial practice under section 43(1) and (2) of the Consumer Protection Act 2007. the standard of skill and care that the trader may reasonably be expected to exercise (b) subject to subsection (9), references to the Agency in the provisions of that Act in relation to the supply of the product to which the extension order relates, the or who induces or attempts to induce others to participate in such a scheme, and includes Receive compensation consumer protection act 2007 consolidated the scheme were recorded in writing, Guidelines issued under this may. ( 30.04.2016 ) by Consumer Protection Act 2014 ( S.I Regulations 2002 (.. 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