Consumer Protection Act 2007

PART 1 Preliminary Matters

1. Short title and commencement.

1.— (1) This Act may be cited as the Consumer Protection Act 2007.

(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, including the application of section 4 to different enactments specified in Schedule 2 and to different provisions of those enactments.

2. Interpretation and application.

2.— (1) In this Act—

F1["Act of 2022" means the Consumer Rights Act 2022;]

“advertisement” includes any form of advertising or marketing;

“Agency” means the National Consumer Agency established by section 7;

F2["authorised officer"—

(a) in relation to the functions performed by the Competition and Consumer Protection Commission under this Act, has the same meaning as it has in the Competition and Consumer Protection Act 2014, and

(b) in relation to the functions performed by the Commission for Communications Regulation under this Act, has the same meaning as it has in section 39 of the Communications Regulation Act 2002;]

“chief executive” means the chief executive officer of the Agency;

“code of practice” means any code, agreement or set of rules or standards that is not imposed by or under an enactment but purports to govern or define commercial practices of one or more traders (whether generally or in respect of a particular trade, business or professional sector or one or more commercial practices) who agree, commit or undertake to abide or be bound by such rules or standards;

“commercial practice” means any conduct (whether an act or omission), course of conduct or representation by the trader in relation to a consumer transaction, including any such conduct or representation made or engaged in before, during or after the consumer transaction;

F3["consumer" means a natural person (whether in the State or not) who is acting wholly or mainly for purposes unrelated to the person’s trade, business or profession;]

“consumer transaction” means a promotion or supply of a product to a consumer;

“contravene”, in relation to a provision, includes fail to comply with the provision;

F1["digital content" has the same meaning as it has in the Act of 2022;]

F1["digital service" has the same meaning as it has in the Act of 2022;]

“Directive” means Directive No. 2005/29/EC of the European Parliament and of the Council of 11 May 2005^1 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No. 2006/2004 of the European Parliament and of the Council;

“Director” means the Director of Consumer Affairs;

F1["distance contract" has the same meaning as it has in Part 5 of the Act of 2022;]

“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 6;

“existing enactments” means the following enactments, to the extent to which those enactments confer functions on the Director which are transferred to the Agency pursuant to section 37:

(a) food legislation, within the meaning of the Food Safety Authority of Ireland Act 1998;

(b) the enactments specified in Part 1 of Schedule 1 and any instruments made under those enactments for the time being in force; and

(c) the regulations made under the European Communities Act 1972 for the time being in force specified in Part 2 of Schedule 1;

“financial year” means a period of 12 months ending on 31 December in any year and, in the case of the first financial year of the Agency, means the period commencing on the establishment day and ending on 31 December in the year in which the establishment day falls;

“goods” means real or personal property of any nature or description, and includes—

(a) ships, aircraft or other vehicles,

(b) animals,

(c) minerals, trees or crops, whether on, under or attached to land or not,

(d) gas, electricity or water,

F3[(e)computer software, including content stored in a digital format or content stored electronically in a format which is not digital,]

(f) tickets or like evidence of a right to be in attendance at a particular place at a particular time or times or a right of transportation,

(g) any voucher, coupon or other document or thing intended to be used as a substitute for money in the payment, in whole or in part, for a product or otherwise exchanged for a product, and

(h) any description of interest (present or future, vested or contingent) or obligation arising out of or incidental to goods;

“goods or services” means goods or services or both;

“invitation to purchase” means a representation by the trader in a consumer transaction that—

(a) indicates characteristics of the product and includes its price, and

(b) enables the consumer to purchase the product;

“Minister” means the Minister for Enterprise, Trade and Employment;

F1["online marketplace" means a service using software, including a website, part of a website or an application, operated by or on behalf of a trader which allows consumers to conclude distance contracts with other traders or consumers;]

F1["ranking" means the relative prominence given to products, as presented, organised or communicated by the trader, irrespective of the technological means used for such presentation, organisation or communication;]

“prescribed” means prescribed by regulations made by the Minister;

F2["product" means any goods or services including immovable property, a digital service and digital content, as well as rights and obligations;]

“public body” means—

(a) a board, authority or other body, other than a company under the Companies Acts, established by or under statute;

(b) a company under the Companies Acts in which all the shares are held—

(i) by or on behalf of a Minister of the Government, or

(ii) by directors appointed by a Minister of the Government;

(c) a company under the Companies Acts in which all the shares are held by a board, authority or body referred to in paragraph (a) or by a company referred to in paragraph (b);

“purchase” means to buy, obtain or acquire by any method and includes accept, receive, be vested with, lease, take possession, control or occupation of, and agree to do any of those things (but does not include expropriate);

“relevant State” means a state that is a contracting State to the EEA Agreement within the meaning of the European Communities (Amendment) Act 1993;

F4["relevant statutory instruments" means the statutory instruments for the time being in force specified inSchedule 9;]

“relevant statutory provisions” means—

(a) existing enactments,

F4[(aa)relevant statutory instruments,]

(b) the Merchandise Marks Act 1970 and any instruments made under that Act for the time being in force,

(c) 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 Act,

F5[(d) the enactments specified insubsection (1)(a)to(c)ofsection 93,

F6[(e) this Act and any instrument made under this Act for the time being in force,]]

F7[(f) the European Communities (Names and Labelling of Textile Products) Regulations 2010 (S.I. No. 485 of 2010),

(g) the European Communities (Safety of Toys) Regulations 2011,

(h) the European Union (Protection of Consumers in respect of Timeshare, Long-term Holiday Product, Resale and Exchange Contracts) Regulations 2011,

(i) the European Union (Textile Fibre Names and Related Labelling and Marking of the Fibre Composition of Textile Products) Regulations 2012,

(j) the European Union (Requirements for Credit Transfers and Direct Debits in Euro) Regulations 2013 (S.I. No. 132 of 2013),

(k)F9[…]

(l)F9[…]]

F10[(m) the European Union (Interchange Fees for Card-based Payment Transactions) Regulations 2015 (S.I. No. 550 of 2015)F11[,F9[…]]]

F12[(n) the following provisions of the European Union (Payment Services) Regulations 2018 (No. 6 of 2018):

(i) paragraphs (2), (5) and (6) of Regulation 33, and

(ii) paragraph (6) of Regulation 86, to the extent that that paragraph applies as respects a case where—

(I) the payee (within the meaning of those Regulations) is a trader that is not a regulated financial service provider (within the meaning of theCentral Bank Act 1942), and

(II) the payer (within the meaning of those Regulations) is a consumer;]

F1[, and

(o) the Act of 2022.]

“representation” includes—

(a) any oral, written, visual, descriptive or other representation by a trader, including any commercial communication, marketing or advertising, and

(b) any term or form of a contract, notice or other document used or relied on by a trader in connection with a consumer transaction;

“services” means any service or facility provided for gain or reward or otherwise than free of charge, including, without limitation—

(a) services or facilities for—

(i) banking, insurance, grants, loans, credit or financing,

(ii) amusement, cultural activities, entertainment, instruction, recreation or refreshment,

(iii) accommodation, transport, travel, parking or storage, or

(iv) the care of persons, animals or things,

(b) membership in a club or organisation or any service or facility provided by the club or organisation, and

(c) any rights, benefits, privileges, obligations or facilities that are, or are to be provided, granted or conferred in the course of services,

but does not include services provided under a contract of employment;

“supply”, in relation to the supply of goods or services to a consumer, includes—

(a) sell, lease, take by way of mortgage or other security, assign, award by chance or otherwise effect a disposition of,

(b) offer or agree to supply or expose or display for supply;

“trader” means—

(a) a person who is acting for purposes related to the person’s trade, business or profession, and

(b) a person acting on behalf of a person referred to in paragraph (a);

F3["transactional decision" means, in relation to a consumer transaction, whether or not that transaction is completed, any decision by the consumer concerning whether, how or on what terms to do, or refrain from doing, any of the following:

(a)purchase the product;

(b)make payment in whole or in part for the product;

(c)retain or return the product after its purchase;

(d)dispose of the product;

(e)exercise a contractual right in relation to the product;]

“voluntary body” means—

(a) a body corporate, or

(b) an unincorporated body of persons,

other than a public body.

(2) In this Act, “the average consumer” has the meaning assigned to it in the Directive, and when applied in relation to a particular commercial practice or product of a trader—

(a) if the commercial practice or product is directed at a particular group of consumers, the expression shall be read as “the average member of that group”, and

(b) if the commercial practice or the product is a practice or product that would be likely to materially distort the economic behaviour only of a clearly identifiable group of consumers whom the trader could reasonably be expected to foresee as being particularly vulnerable because of their mental or physical infirmity, age or credulity, the expression shall be read as “the average member of that vulnerable group”.

(3) A word or expression that is used in this Act and is also used in the Directive shall have in this Act the same meaning as it has in the Directive.

(4) A court shall construe this Act in a manner that gives effect to the Directive, and for this purpose the court shall have regard to the provisions of the Directive, including its preambles.

(5) Notwithstanding Article 3(10) of the Directive but subject to sections 5 to 6A (inserted by section 99) of the Hallmarking Act 1981, Part 3 applies to commercial practices relating to indications of the standard of fineness of articles of precious metal.

3. Regulations.

3.— (1) The Minister may make regulations in relation to any matter referred to in this Act as prescribed or to be prescribed.

(2) F13[Subject tosection 24B(5), every regulation] or order (other than an order under section 1 or 6) made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

(3) The power to make regulations under this section includes the power to make provision in such regulations to give effect to—

(a) a provision of the treaties of the European Communities, or

(b) an act adopted by an institution of those Communities which regulates any of the matters to which this Act applies.

4. Repeals.

4.— (1) Each enactment specified in Schedule 2 is repealed to the extent specified in column (3) of that Schedule.

(2) Section 20(5)(b) of the National Standards Authority of Ireland Act 1996 is amended by deleting “the Merchandise Marks Acts 1887 to 1978, and”.

(3) The following are revoked:

(a) the Prices (Stabilisation of Profit Margins of Retailers of Motor Cars) Order 1984 (S.I. No. 223 of 1984);

(b) the Consumer Information (Diesel and Petrol) (Reduction in Retail Price) Order 1997 (S.I. No. 179 of 1997).

5. Expenses.

5.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of monies provided by the Oireachtas.

PART 2 National Consumer Agency

Chapter 1

6. Establishment day.

6.— F14[…]

7. Establishment of Agency.

7.— F15[…]

8. Functions of Agency.

8.— F16[…]

8A. F17[Supplementary powers of Agency with respect to carrying out certain responsibilities.

8A.—F18[…]]

9. Review of legislation.

9.— F19[…]

10. Membership of Agency.

10.— F20[…]

11. Chairperson of Agency.

11.— F21[…]

12. Meetings and procedures of Agency.

12.— F22[…]

13. Committees.

13.— F23[…]

14. Chief executive.

14.— F24[…]

15. Functions of chief executive.

15.— F25[…]

16. Attendance of chief executive before Committee of Public Accounts.

16.— F26[…]

17. Attendance of chief executive before other Oireachtas Committees.

17.— F27[…]

18. Membership of either House of the Oireachtas, European Parliament or local authority.

18.— F28[…]

19. Indemnity for members of Agency.

19.— F29[…]

20. Strategy statement and work programme of Agency.

20.—F30[…]

21. Provision for co-operation between Agency and certain prescribed bodies.

21.— F31[…]

22. Reports and information to Minister.

22.—F32[…]

23. Accounts and audits.

23.— F33[…]

24. Advances by Minister to Agency.

24.— F34[…]

24A. F35[Annual estimate of income for certain purposes.

24A.—At least one month before the start of each financial year the Agency shall prepare, and shall submit to the Minister and the Minister for Finance, a statement of the expenditure required during the financial year for the purposes of the functions referred to inF36[section 10(3)(j) of the Competition and Consumer Protection Act 2014].]

24B. F35[Power to impose levies.

24B.—(1) The Agency may make regulations prescribing levies to be paid by persons who are subject to regulation under the designated enactments and designated statutory instruments (within the respective meanings given by theCentral Bank Act 1942).

(2) A levy prescribed undersubsection (1)shall relate only to the Agency’s performance of its functions referred to inF38[section 10(3)(j) of the Competition and Consumer Protection Act 2014].

(3) In particular, regulations undersubsection (1)may provide for any of the following matters:

(a) the activities, services or other matters for which specified kinds of levies are payable;

(b) the persons, or classes of persons, who are required to pay specified kinds of levies;

(c) the amounts of specified kinds of levies;

(d) the periods for which, or the dates by which, specified levies are to be paid to the Agency;

(e) penalties that are payable by a person who fails to pay a levy on time;

(f) the keeping of records, and the making of returns to the Agency, by persons who are liable to pay a specified levy;

(g) the collection and recovery of levies.

(4) Regulations made under this section do not take effect until approved by the Minister with the consent of the Minister for Finance.

(5)Section 3(2)does not apply to regulations made undersubsection (1).

(6) The Agency may refund the whole or a part of a levy paid or payable under regulations in force under this section.

(7) The Agency may amend or revoke a regulation made under this section.