Consumer Protection Act 2007

Type Act

Publication 2007-04-21

Last updated 2025-11-24

State In force

Source Irish Statute Book

articles 122

(5) Any relief by way of damages, including exemplary damages, for an action undersubsection (3)shall not, except by consent of the necessary parties in such form as may be provided for by rules of court, be in excess of the limit of the jurisdiction of the Circuit Court in an action founded on tort.]

PART 4 Pyramid Promotional Schemes

64. Definition (Part 4).

64.— (1) In this Part, “pyramid promotional scheme” means a scheme by which a person gives consideration in money or money’s worth, or gives a gift in money or money’s worth, for an opportunity to receive compensation derived primarily from the introduction of other persons into the scheme rather than from the supply or consumption of a product.

(2) The following apply in respect of subsection (1):

(a) the opportunity to receive compensation need not be limited to the person’s introduction of other persons into the scheme but may include their introduction by other persons;

(b) the scheme may but need not involve the supply of a product.

65. Indictable offence: participating in, establishing, operating or promoting pyramid promotional schemes.

65.— (1) A person shall not—

(a) establish, operate or promote a pyramid promotional scheme,

(b) F75[…]

(2) A person who contravenes subsection (1) commits an offence.

(3) In proceedings for an offence under this section or for a prohibition order under section 71, it shall not be necessary for the prosecution or the applicant, as the case may be, to prove—

(a) that the opportunity to receive compensation was a legally enforceable right,

(b) that the consideration or gift given, as the case may be, was given within the State,

(i) participate or be eligible to participate in the scheme, or

(ii) be eligible or have opportunity to receive compensation under the scheme,

(d) that any compensation received was received within the State,

(e) that any opportunity to receive compensation was to be a receipt of such compensation within the State, or

(f) that any arrangements under the scheme were recorded in writing.

(4) If, in proceedings for an offence under this section or for a prohibition order under section 71, the alleged pyramid promotional scheme involves the supply of a product, then the following may be considered (among other things) in determining whether the opportunity to receive compensation is derived primarily from the introduction of other persons into the scheme:

(a) in respect of a promotion of the scheme, the emphasis given to a participant’s entitlement to the product, as compared to the emphasis given to compensation derived from the introduction of other persons into the scheme;

(b) the extent to which the consideration given bears a reasonable relationship to the product, by reference to the price of the same or a comparable product available elsewhere.

(5) A person guilty of an offence under this section is liable on conviction on indictment to the fines and penalties provided in Chapter 4 of Part 5.

66. Pyramid promotional scheme agreements void.

66.— (1) An agreement between a scheme promoter and another person is, to the extent it requires or provides for payment of money or money’s worth in respect of a pyramid promotional scheme, void and has no effect, and no action lies in any court for the recovery of such money or money’s worth under or pursuant to such agreement.

(2) For the purposes of subsection (1), a “scheme promoter” means a person who establishes, operates or promotes a pyramid promotional scheme or who induces or attempts to induce others to participate in such a scheme, and includes any person acting on a scheme promoter’s behalf.

F76[Part 4A Gift Voucher Contracts] Annotations Amendments: F76 Inserted (2.12.2019) by Consumer Protection (Gift Vouchers) Act 2019 (38/2019), s. 2, S.I. No. 595 of 2019.

66A. F77[Definitions and application

66A.—(1) In this Part—

"durable medium" means any medium on which information is provided and stored, including paper and email, that—

(a) renders the information accessible for future reference for a period of time adequate for the purposes of the information, and

(b) allows the unchanged reproduction of the information;

"expiry date" means the date after which, by virtue of the passage of time, a gift voucher ceases to be redeemable for the purchase of goods or services;

"gift voucher" means, subject tosubsection (2), any voucher, coupon or other document or instrument, including in electronic form, that is intended to be used as a substitute for money in the payment, in whole or in part, for goods or services or otherwise exchanged for goods or services;

"gift voucher contract" means a contract between a relevant trader and another person whereby the relevant trader supplies the person with a gift voucher;

"relevant trader" means a trader who supplies a gift voucher to a person in accordance with a gift voucher contract.

(2) In this Part, "gift voucher" does not include a voucher, coupon or other document or instrument, including in electronic form—

(a) that is redeemable only for the purposes of the purchase, at a discounted price, of specified goods or specified services, from a specified trader or traders—

(i) on a specified date, or

(ii) for a specified period of a limited duration not exceeding 3 months,

(b) that is supplied under a customer loyalty scheme,

(c) that is supplied in connection with a promotional scheme that is connected to the purchase of specified goods or specified services,

(d) that is supplied by way of a refund for goods returned to a trader,

(e) that is redeemable only in exchange for goods or services relating to telephone services, internet services, fuel, electricity, heating or any other utility,

(f) that is a cheque, bank draft or postal money order,

(g) that constitutes electronic money, within the meaning of the European Communities (Electronic Money) Regulations 2011 (S.I. No. 183 of 2011), or

(h) that is not supplied, marketed, provided or otherwise made available to be given as a gift.

(3) This Part applies to a gift voucher contract that is entered into on or after the date on which this subsection comes into operation.

(4) Any reference in this Part to a term of a gift voucher contract includes a reference to a term which, although not contained in the contract, is incorporated in the contract by another term of the contract or by any other means.]

66B. F78[Terms of gift voucher contracts

66B.—(1) (a) Subject tosubsection (5), a gift voucher contract shall contain a term that the gift voucher is—

(i) subject to an expiry date that is at least 5 years from the date on which the contract was entered into, or

(ii) not subject to an expiry date.

(b) Where a gift voucher contract does not include a term satisfyingparagraph (a), the contract shall be deemed to include a term that the gift voucher is subject to an expiry date that is 5 years from the date on which the contract was entered into.

(c) Where a gift voucher contract is deemed to contain a term in accordance withparagraph (b), and that term conflicts with an express term in the contract, the term underparagraph (b)shall override the express term.

(d) A relevant trader who enters into a gift voucher contract that is contrary toparagraph (a)commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided inChapter 4ofPart 5.

(2) (a) A relevant trader who enters into a gift voucher contract shall specify, whether on the gift voucher itself or otherwise on a durable medium supplied with the gift voucher—

(i) the expiry date of the gift voucher,

(ii) the date on which the gift voucher contract was entered into and the period during which the gift voucher to which it relates is redeemable, or

(iii) that the gift voucher is not subject to an expiry date.

(b) A relevant trader who fails to comply withparagraph (a)commits an offence and is liable on summary conviction to the fines and penalties provided inChapter 4ofPart 5.

(3) (a) A gift voucher contract shall not contain a term requiring the full value of a gift voucher to be redeemed in a single transaction.

(b) A relevant trader who enters into a gift voucher contract that is contrary toparagraph (a)commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided inChapter 4ofPart 5.

(4) (a) Where—

(i) a person redeems part of the value of a gift voucher in a transaction, such that the remaining balance of the gift voucher is€1 or more, and

(ii) the gift voucher contract contains a term preventing the remaining balance of the gift voucher from being redeemed in another transaction,

the gift voucher contract shall be deemed to include a term requiring the relevant trader to reimburse the remaining balance of the gift voucher to the person, in cash, by electronic transfer or by way of a gift voucher, in accordance withsubsection (5).

(b) Where a gift voucher contract is deemed to contain a term in accordance withparagraph (a), and that term conflicts with an express term in the contract, the term underparagraph (a)shall override the express term.

(c) A relevant trader who enters into a gift voucher contract that contains an express term that is contrary toparagraph (a)commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided inChapter 4ofPart 5.

(5) Where the remaining balance referred to insubsection (4)(a)is reimbursed by way of a gift voucher, the gift voucher concerned shall have—

(a) an expiry date not earlier than the expiry date of the gift voucher referred to in the saidsubsection (4)(a), and

(b) a value equal to that of the remaining balance of the gift voucher referred to in the saidsubsection (4)(a).

(6) (a) In this subsection,‘gift voucher contract to which this subsection applies’means a gift voucher contract that contains a term requiring a gift voucher to be redeemed by a named person.

(b) A gift voucher contract to which this subsection applies shall contain a term providing that—

(i) the named person may redeem the gift voucher notwithstanding a difference between that person’s name as it appears on, or in connection with, the gift voucher, and as it appears on that person’s passport, driving licence, or any other form of personal identification, and

(ii) the named person’s name as it appears on, or in connection with, the gift voucher may be amended or changed without a fee being charged.

(c) Where a gift voucher contract to which this subsection applies does not contain a term satisfyingparagraph (b), the contract shall be deemed to include a term giving effect to that paragraph.

(d) Where a gift voucher contract to which this section applies is deemed to contain a term in accordance withparagraph (c), and that term conflicts with an express term in the contract, the term underparagraph (c)shall override the express term.

(e) A relevant trader who enters into a gift voucher contract to which this subsection applies that is contrary toparagraph (b)commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided inChapter 4ofPart 5.

(7) (a) A gift voucher contract shall not contain a term that places a limit on the number of gift vouchers that a person is permitted to redeem in a single transaction.

(8) (a) Where a gift voucher contract contains a term relating to the replacement by a relevant trader of a gift voucher that has been lost or stolen, that term shall provide that the replacement gift voucher shall not be subject to an expiry date that is earlier than the expiry date of the gift voucher that it replaces.

(b) Where a gift voucher contract contains a term relating to the replacement by a relevant trader of a gift voucher that has been lost or stolen, and which does not satisfyparagraph (a), the contract shall be deemed to include a term giving effect to that paragraph.

(9) Where a gift voucher contract contains a term that is contrary to the requirements of this section—

(a) the term shall not be binding on—

(i) a party to the gift voucher contract who is not a relevant trader, or

(ii) a person who has rights under the gift voucher contract undersubsection (10),

and

(b) the gift voucher contract shall continue to bind the parties to it, or a person who has rights under the gift voucher contract undersubsection (10), if it is capable of continuing in existence without the term that is contrary to the requirements of this section.

(10) Where a person (other than a relevant trader) who is party to a gift voucher contract gives, sells or otherwise transfers the gift voucher to which the contract relates to a third person, the third person shall be entitled to exercise all rights under the gift voucher contract on the same terms as the original party to the gift voucher contract.]

PART 5 Proceedings, Remedies and Penalties

Chapter 1

67. Definition (Part 5).

67.— In this Part “prohibited act or practice” means any of the following:

(a) any unfair, misleading or aggressive commercial practice under Part 3;

(b) any contravention of section 48(3) or 49(1);

F79[(d) any contravention ofsection 65(1)orsection 66B,];

(e) any contravention of a regulation under section 50 or 57 or an order referred to in section 92;

F80[(f) any contravention of an order undersection 62 (1);

(g)F81[…]]

F82[(h) any contravention of the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 343 of 2015),]

F83[(i) any contravention of the European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 500 of 2015),]

F84[(j) any contravention of Article 9(1) of Regulation (EU) No. 260/2012 of the European Parliament and of the Council of 14 March 2012 where the payee is a consumer and the payer is a trader or any contravention of Article 9(2) of that Regulation where the payer is a consumer and the payee is a trader,]

F85[(k) any contravention of the second sentence of Article 8(6) or of Article 10(4) of Regulation (EU) No. 751/2015 of the European Parliament and of the Council of 29 April 2015^1by a payee where the payee is a trader and the payer is a consumer,]

F86[(l) any contravention of the European Union (Unjustified Geo-blocking of Consumers) Regulations 2018 (S.I. No. 513 of 2018),]

F87[(m) any contravention of Regulation 86(6) of the European Union (Payment Services) Regulations 2018 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,]

F88[(n) any contravention of the European Union (Promoting Fairness and Transparency for Business Users of Online Intermediation Services) Regulations 2020 (S.I. No. 256 of 2020),]

F89[(o) any contravention of section 7 of the Act of 2022;

(p) a failure or refusal by a trader to provide a remedy to which a consumer has a right under section 23 (1)(b), 26 (2)(a), 29 (1), 61 (1), 62 (2)(a), 85 (1) or section 86 (2)(a) of the Act of 2022;

(q) where a consumer is entitled to reimbursement under section 31, 68 or 90 of the Act of 2022, a failure or refusal by a trader to reimburse the consumer;

(r) any contravention of section 39 (1), 44 (1) or (2), 71 (1) or 94 (1) of the Act of 2022;

(s) any contravention of Part 5 of the Act of 2022;

(t) the use by a trader in a consumer contract (within the meaning of the Act of 2022) of a term that is unfair under section 132 of that Act;

(u) the use by a trader in a consumer contract (within the meaning of the Act of 2022) of a term that is presumed to be unfair under section 133 of that Act;

(v) the use by a trader in a consumer contract (within the meaning of the Act of 2022) of a term that is not transparent in contravention of section 134 (1) of that Act;

(w) any contravention of section 140 of the Act of 2022,]

but subject to the exclusion of one or more of the foregoing provisions provided for in section 71, 73, 74 or 75.

68. Presumption respecting representations.

68.— If, in any proceedings under this Act, the truth of a factual claim in a representation is an issue and the trader who made the representation, or on whose behalf the representation was made, does not establish on the balance of probabilities that it is true, then the representation shall be presumed to be untrue.

69. Advertisers.

69.— (1) In this section:

“advertiser” means a person who publishes advertisements;

“contravening advertisement” means—

(a) an unfair, misleading or aggressive commercial practice in the form of an advertisement, or

(b) an advertisement that is—

(i) a prohibited commercial practice under section 55(1) or (3),

(ii) in contravention of section 49(1), or

(iii) in contravention of a regulation under section 50(2).

(2) An advertiser who publishes a contravening advertisement on behalf of a trader does not commit an offence under section 47, 49(3), 51(2) or 56 and is not liable under section 74 (respecting consumer’s right of action for damages) if the advertiser proves that the advertiser did not know and had no reason to suspect that its publication would be in contravention of section 41(1), 42, 49(1), 50(2), 51(2), 52, 54, 55(1) or (3) or 56.

(3) An advertiser who accepts or agrees to publish an advertisement for a trader shall—

(a) make a record of the name and address of that trader, and

(b) keep that record for not less than 2 years from the last day on which the advertisement is published.

(4) An advertiser who contravenes subsection (3) commits an offence and is liable on summary conviction to the fines and penalties provided in Chapter 4.

70. Offence of trader due to act or default of another person.

70.— (1) If, in relation to a commercial practice of a trader, the trader commits an offence under this Act and its commission is due to the act or default of another person, that other person shall also be guilty of an offence and may be charged with and convicted of it whether or not proceedings for an offence are brought against the trader.

(2) A person guilty of an offence under subsection (1) is liable on conviction to the same range of fines and penalties provided in Chapter 4 that the trader referred to in subsection (1) is or would be liable in respect of that offence.

Chapter 2

71. Civil relief by way of prohibition orders.

71.— F90[(1) In this section, "prohibited act or practice" does not include:

(a) a contravention ofsection 59(2)(respecting weighing facilities in grocery retail);

(b) a contravention ofsection 60(1)(respecting preventing the reading of prices);

(c) in relation to a financial service (within the meaning of the Central Bank Act 1942) provided by a trader who is a regulated financial service provider (within the meaning of that Act), a failure or refusal by the trader to provide—

(i) a remedy to which a consumer is entitled under section 85 (1) or 86 (2)(a) of the Act of 2022, or

(ii) a reimbursement to which a consumer is entitled under section 90 of the Act of 2022;

(d) the use by a trader in a consumer contract (within the meaning of the Act of 2022) of a term that is unfair under section 132 of that Act;

(e) the use by a trader in a consumer contract (within the meaning of the Act of 2022) of a term that is presumed to be unfair under section 133 of that Act;

(f) the use by a trader in a consumer contract (within the meaning of the Act of 2022) of a term that is not transparent in contravention of section 134 (1) of that Act.]

(2) Any person, including the Agency or any other public body that is prescribed for the purposes of this subsection, may apply to the Circuit Court or High Court for an order prohibiting a trader or person from committing or engaging in a prohibited act or practice.

F91[(2A) An application may be made undersubsection (2)for—

(a) an interim order,

(b) an interlocutory order, or

(3) An application under subsection (2) shall be on notice to—

(a) the trader or person against whom the order is sought, and

(b) the Agency, if the applicant is not the Agency.

(4) In determining an application under this section, the court shall consider all interests involved and, in particular, the public interest.

(5) If the applicant for an order under this section is not the Agency, the court may not make the order unless the Agency has been afforded an opportunity to be heard and adduce evidence.

(6) If the court considers it necessary or appropriate in the circumstances, taking into account all interests involved and, in particular, the public interest, the court may make an order under this section without proof of any actual loss or damage or of any intention or negligence on the part of the trader.

F91[(6A) Where an application under this section relates to a particular prohibited act or practice which relates to any of Parts 2 to 5 of the Act of 2022, an order may be made in relation to any similar prohibited act or practice (or prohibited act or practice having like effect) committed or engaged in by a trader.]

(7) In making an order under this section, the court may impose terms or conditions in the order that the court considers appropriate, including a requirement that the trader or person publish a corrective statement, at the trader’s or person’s own expense and in any manner the court considers appropriate, in respect of the matters the subject of the order.

(8) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the prohibited act or practice concerned is being committed or engaged in.

(9) The Circuit Court shall have jurisdiction to hear and determine an application under this section which it is satisfied it is appropriate for it to deal with as a court 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 nature and extent of the prohibited act or practice concerned, and

(b) the estimated cost of complying with the order to which the application relates.

(10) If, in relation to an application under this section to the Circuit Court, that court becomes of the opinion, during the hearing of the application, that it is not appropriate for the Circuit Court to deal with the application, it may, if it so thinks fit, transfer the application to the High Court.

(11) Subsection (10) is without prejudice to the jurisdiction of the Circuit Court to determine an application under this section which, at the time of the making of the application, it was satisfied it had jurisdiction to deal with.

(12) Where an application is transferred under subsection (10) to the High Court, the High Court shall be deemed to have made any order of a procedural nature that was made by the court from which it is so transferred in the proceedings in relation to the application.

(13) A trader commits an offence who, without reasonable excuse, fails to comply with an order under this section and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided in Chapter 4.

72. Prohibition orders against code owners.

72.— (1) In this section, “code owner” means, in relation to a code of practice, any person responsible for formulating or revising the code or for monitoring compliance by those traders who agree, commit or undertake to abide or be bound by it.

(2) If a code of practice or its code owner promotes any prohibited act or practice, the Agency may apply to the Circuit Court or High Court for an order prohibiting the code owner from such promotion or requiring the code owner to withdraw the code or amend it as the court considers necessary to prevent such promotion.

(3) An application under subsection (2) shall be on notice to the code owner.

(4) In determining an application under this section, the court shall consider all interests involved and, in particular, the public interest.

(5) In making an order under subsection (2), the court may impose terms or conditions in the order that the court considers appropriate.

(6) Subsections (8) to (12) of section 71 apply to an application under this section as they apply to an application under that section with the following modifications—

(a) the substitution in subsection (8) of “in which the code owner is promoting the prohibited act or practice concerned or in 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

(b) the substitution in subsection (9) of the following paragraph for paragraph (a):

“(a) the nature and extent of the prohibited act or practice being promoted by the code of practice concerned or its code owner,”.

(7) A code owner commits an offence who, without reasonable excuse, fails to comply with an order under this section and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided in Chapter 4.

73. Undertakings with the Agency.

73.— F92[(1) In this section, "prohibited act or practice" does not include:

(a) a contravention ofsection 59(2)(respecting weighing facilities in grocery retail);

(b) a contravention ofsection 60(1)(respecting preventing the reading of prices);

(i) a remedy to which a consumer is entitled under section 85 (1) or 86 (2)(a) of the Act of 2022, or

(ii) a reimbursement to which a consumer is entitled under section 90 of the Act of 2022.]

(2) If the Agency has reason to believe that a trader—

(a) is committing or engaging in a prohibited act or practice,

(b) is about to commit or engage in a prohibited act or practice, or

the Agency may accept from the trader a written undertaking that is signed by the trader in the form and which contains the terms and conditions the Agency determines are appropriate in the circumstances.

(3) If the Agency accepts an undertaking from a trader under this section, the Agency shall publish the undertaking, or cause it to be published, in any form or manner the Agency considers appropriate.

(4) Without limiting subsection (2), the undertaking may include one or more of the following terms and conditions:

(a) an undertaking to comply with the provision or provisions concerned of this Act or regulations under this Act;

(b) an undertaking to refrain from committing or engaging in any act or practice;

(c) an undertaking to compensate consumers or a class of consumers, including reimbursing any money or returning any other property or thing received from consumers in connection with a consumer transaction;

(d) an undertaking to publish or cause to be published, at the trader’s expense, an advertisement containing a corrective statement relating to the prohibited act or practice.

(5) If the trader under subsection (2) is a body corporate, the undertaking shall be signed by a director, manager, secretary or other officer of the trader.

(6) The Agency may terminate proceeding against a trader under section 71 (respecting civil relief by way of prohibition orders) on the acceptance of an undertaking from the trader.

F92[(7) Despitesubsection (6), the Commission may—

(a) apply for an order against a trader undersection 71, or

(b) serve a compliance notice on a trader undersection 75,

if the trader fails to comply with the terms and conditions of an undertaking under this section.]

(8) Subsections (2) to (5) shall, with the following modifications and any other necessary modifications, apply in respect of any trader the Agency has reason to believe is contravening, is about to contravene or has contravened an enactment specified in Schedule 4,namely, the modifications that—

(a) references in those subsections to a prohibited act or practice shall be read as references to a contravention of an enactment specified in that Schedule, and

(b) the reference in subsection (4)(a) to the provision or provisions concerned of this Act or regulations under this Act shall be read as a reference to the provision or provisions concerned of that enactment.

(9) If compensation is paid to a consumer pursuant to an undertaking referred to in subsection (4)(c) and the consumer subsequently commences an action under section 74 and is awarded damages by the court in respect of the same prohibited act or practice, the compensation paid under the undertaking is deemed to be in satisfaction of so much of the awarded damages as is equal to the amount paid to the consumer under that undertaking.

74. Consumer's right of action for damages.

74.— (1) F93[…]

(2) A consumer who is aggrieved by a prohibited act or practice shall have a right of action for relief by way of damages, including exemplary damages, against the following:

(a) any trader who commits or engages in the prohibited act or practice;

(b) if such trader is a body corporate, any director, manager, secretary or other officer of the trader, or a person who purported to act in any such capacity, who authorised or consented to the doing of the act or the engaging in of the practice.

(3) Subject to subsection (4), an action under this section may be brought in the District Court, the Circuit Court or the High Court and such a court may, in that action, award such damages as the court considers appropriate, including exemplary damages.

(4) If the action is brought in the District Court or the Circuit Court, any relief by way of damages, including exemplary damages, shall not, except by consent of the necessary parties in such form as may be provided for by rules of court, be in excess of the limit of jurisdiction of the District Court or the Circuit Court, as the case may be, in an action founded on tort.

(5) Where in an action under this section it is proved that the act or practice complained of was done or engaged in by a body corporate it shall be presumed, until the contrary is proved, that each (if any) director of the body and person employed by it whose duties included making decisions that, to a significant extent, could have affected the management of the body, and any other person who purported to act in any such capacity at the material time, consented to the doing of that act or the engaging in of that practice.

74A. F94[Consumer’s right to price reduction and termination of contract.

74A.—...]

Chapter 3

75. Compliance notices.

75.— F96[(1) In this section, "prohibited act or practice" does not include—

(a) a contravention of a regulation undersection 57(respecting price display regulations),

(b) in relation to a financial service (within the meaning of the Central Bank Act 1942) provided by a trader who is a regulated financial service provider (within the meaning of that Act), a failure or refusal by the trader to provide—

(i) a remedy to which a consumer is entitled under section 85 (1) or 86 (2)(a) of the Act of 2022, or

(ii) a reimbursement to which a consumer is entitled under section 90 of the Act of 2022.]

(2) An authorised officer who is of the opinion that a person is committing or engaging in, or has committed or engaged in, a prohibited act or practice or is contravening or has contravened an enactment specified in Schedule 5 may serve, personally or by post, a written notice on that person (a “compliance notice”).

(3) A compliance notice shall be signed and dated by the authorised officer and shall—

(a) contain a statement of the alleged contravention (identifying the relevant enactment), the opinion referred to in subsection (2) and the reasons for that opinion,

(b) direct the person to remedy the contravention or the matters occasioning that notice, including any other requirement that the authorised officer considers appropriate in order to remedy the contravention or matter (the “compliance direction and requirements”),

(d) contain a statement that the person may appeal the notice to the F96[relevant court specified in the notice] within 14 days after service of the notice, including information specifying—

(i) the form and manner of such an appeal, and

(ii) the service address of the Agency for purposes of notifying the Agency under subsection (6),

and

(e) contain a statement that, if an appeal is not made in accordance with this section and within the time specified in paragraph (d), then—

(i) the notice will be treated as not disputed,

(ii) the person will be deemed to have accepted the notice and have agreed to comply with the compliance direction and requirements, and

(iii) any failure or refusal to so comply is an offence and, on summary conviction, the person will be liable to the fine and penalties set out in Chapter 4.

F97[(3A) Where the person on whom the compliance notice is served is a trader, an authorised officer may include a requirement undersubsection (3)(b)that the trader refund any payments made by the consumer in any transaction relating to the contravention to which the notice relates;]

(4) The date specified under subsection (3)(c) shall not be earlier than the end of the period within which an appeal may be made under subsection (5).

(5) If the person on whom the compliance notice is served wishes to dispute the notice, the person may, no later than 14 days after the notice is served and in accordance with this section and in the form and manner specified in the notice, appeal the notice to a judge of the F96[relevant court specified in the notice].

(6) A person who appeals under subsection (5) shall at the same time notify the Agency of the appeal and the grounds for the appeal and the Agency shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(7) In determining an appeal under this section, the judge may confirm, vary or cancel the compliance notice, if satisfied that it is reasonable to do so.

(8) If on appeal the compliance notice is not cancelled, the notice takes effect on the later of the following:

(a) the day after the day on which the notice is confirmed or varied on appeal;

(b) if the appeal is withdrawn by the appellant, the day after the day it is withdrawn;

(9) If there is no appeal under subsection (5), the compliance notice takes effect on the later of the following:

(a) 14 days after the notice is served on the person;

(b) the day specified in the notice.

(10) An authorised officer may—

(a) withdraw a compliance notice at any time, or

(b) if no appeal is made or pending under subsection (5), extend the date specified in the notice under subsection (3)(c).

(11) A person commits an offence who, without reasonable excuse, fails to comply with a compliance direction or requirement specified in a compliance notice and, on summary conviction, is liable to the fines and penalties provided in Chapter 4.

(12) Withdrawal of a compliance notice under subsection (10) does not prevent the service of another compliance notice, whether in respect of the same matter or a different matter.

(13) If a compliance notice takes effect in accordance with this section, the Agency shall publish the compliance notice, or cause it to be published, in any form or manner the Agency considers appropriate.

(14) Nothing in this section prevents the commencement of proceedings for an offence.

F97[(15) In this section, "relevant court" means—

(a) the District Court,

(b) the Circuit Court, or

Chapter 4

76. Time limit for instituting proceedings.

76.— F98[…]

77. Liability for offences by bodies corporate.

77.— (1) If an offence under this Act is committed by a body corporate and is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any neglect on the part of any person being a director, manager, secretary or any other officer of the body corporate or a person purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished as if that person were guilty of the first-mentioned offence.

(2) If, in a prosecution for an offence against the person referred to in subsection (1), it is proved that, at the material time, the person was a director of the body corporate or an employee of it whose duties included making decisions that, to a significant extent, could have affected the management of the body corporate, or a person who purported to act in any such capacity, it shall be presumed, until the contrary is shown, that the person consented to the doing of the acts or defaults that constitute the offence.

(3) Subsection (2) shall be read as placing on the person referred to in that subsection an evidential burden only with respect to the matter or matters concerned.

(4) If the affairs of a body corporate are managed by its members, subsections (1) and (2) apply in relation to the acts or defaults of a member in connection with the member’s functions of management as if that member were a director or manager of the body corporate.

(5) If a body corporate commits an offence under this Act, an employee, officer, director or agent of the body corporate who authorises, permits or acquiesces in the commission of the offence also commits an offence, whether or not the body corporate is prosecuted for the offence.

(6) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee, officer, director or agent of the defendant, whether or not the employee, officer, director or agent is identified or has been prosecuted for the offence.

(7) Subsection (6) does not apply if the defendant establishes that the defendant exercised due diligence to prevent the commission of the offence.

77A. F99[Time limit for instituting summary proceedings.

77A.—Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted at any time within three years from the date on which the offence is alleged to have been committed.]

78. Defence of due diligence.

78.— (1) In proceedings for an offence under this Act, other than an offence under section 65(2), it is a defence for the accused to prove both of the following:

(a) commission of the offence was due to a mistake or the reliance on information supplied to the accused or to the act or default of another person, an accident or some other cause beyond the accused’s control;

(b) the accused exercised due diligence and took all reasonable precautions to avoid commission of the offence.

(2) If the defence provided by subsection (1) involves the allegation that the commission of the offence was due to reliance on information supplied by another person or to the act or default of another person, the accused shall not, without leave of the court, be entitled to rely on that defence unless, not less than 7 working days before the hearing, the accused has served on the prosecutor written notice providing information identifying or assisting in the identification of that other person.

79. Fines and penalties.

79.— (1) 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) on a first summary conviction for any such offence, to F100[a class B fine] or imprisonment for a term not exceeding 6 months or both;

(b) on any subsequent summary conviction for the same offence or any other offence under this Act (other than an offence under section 65(2)), to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both.

(2) 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, the person is guilty of a further offence on each day that the contravention continues and for each such offence is liable on summary conviction to a fine not exceeding €500.

(3) A person guilty of an offence under this Act (other than an offence under any of the excluded sections) is liable on conviction on indictment to the following fines and penalties:

(a) on a first conviction on indictment for any such offence, to a fine not exceeding €60,000 or imprisonment for a term not exceeding 18 months or both;

(b) on any subsequent conviction on indictment for the same offence or any other offence under this Act (other than an offence under any of the excluded sections), to a fine not exceeding €100,000 or imprisonment for a term not exceeding 24 months or both.

(4) In subsection (3) “excluded sections” means sections 30(11), (12) and (15), 32(3), 48(5), 49(3), 51(1) and (2), 58, 59(3), 60(2), 65(2), 69(4), 75(11) and 101(5).

(5) If, after being convicted of an offence, the person referred to in subsection(3) continues to contravene the requirement or prohibition to which the offence relates, the person is guilty of a further offence on each day that the contravention continues and for each such offence is liable—

(a) on summary conviction, to a fine not exceeding €500, and

(b) on conviction on indictment, to a fine not exceeding €10,000.

(6) A person guilty of an offence under section 65(2) is liable on conviction on indictment to a fine not exceeding €150,000 or imprisonment for a term not exceeding 5 years or both.

(7) If, after being convicted of an offence under section 65(2), a person continues to contravene section 65(1), the person is guilty of a further offence on each day that the contravention continues and for each such offence is liable on conviction on indictment to a fine not exceeding €10,000.

F101[(7A) Where a court is determining the sentence to impose on a person convicted of an offence under any ofChapters 1to4ofPart 3or this section, it shall take account, so far as applicable, of the following indicative and non-exhaustive criteria:

(a) the nature, gravity, scale and duration of the infringement;

(b) any action taken by the person to mitigate or remedy the damage suffered by consumers;

(d) the financial benefits gained or losses avoided by the person due to the infringement, if the relevant data are available;

(e) any penalties imposed on the person for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017^19on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No. 2006/2004;

(f) any other aggravating or mitigating factors applicable in the circumstances of the case.]

(8) In considering an appropriate penalty under this section for a trader convicted of an offence under section 47, 51(2) or 56, the court may take into consideration any advertisement published by or on behalf of the trader containing corrective statements to remedy the prohibited act or practice in respect of which the trader is convicted.

(9) Section 13 of the Criminal Procedure Act 1967 applies in relation to an offence under this Act except that the following range of fines and penalties are to be substituted for those provided in section 13(3)(a) of the Criminal Procedure Act 1967:

(a) if it is a first conviction for an offence under this Act, the accused is liable to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both;

(b) if it is not a first conviction for an offence under this Act, the accused is liable to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both.

80. Convicted persons liable for costs and expenses of proceedings and investigation.

80.— (1) On convicting a person of an offence under this Act, the court shall, unless satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Agency the costs and expenses, measured by the court, incurred by the Agency in relation to the investigation, detection and prosecution of the offence.

(2) An order for costs and expenses under subsection (1) is in addition to and not instead of any fine or penalty the court may impose.

81. Convicted traders liable to compensate consumers for loss or damage.

81.— (1) If a trader is convicted of an offence under this Act (other than an offence under section 65(2)), the Agency may, on behalf of an aggrieved consumer who consents to the application, apply to the court for an order (a “compensation order”) requiring the trader (the “trader concerned”) to pay an amount of money the court considers appropriate compensation in respect of any loss or damage to that consumer resulting from that offence.

(2) A compensation order may be instead of or in addition to any fine or penalty the court may impose on the trader concerned.

(3) The compensation payable under a compensation order—

(a) shall be of such amount as the court considers appropriate (though not exceeding the amount set by law as the limit of the court’s jurisdiction in tort), having regard to any evidence and to any submissions made by or on behalf of the trader concerned, the aggrieved consumer, the Agency or the prosecutor, and

(b) shall not exceed the amount of the damages that, in the opinion of the court, the aggrieved consumer would be entitled to recover in an action under section 74 (respecting a consumer’s right of action for damages) in respect of the same prohibited act or practice.

(4) An application shall not be made under subsection (1) if the aggrieved consumer has brought an action under section 74 against the trader concerned and the action is in respect of the same prohibited act or practice for which the trader concerned is convicted.

(5) If the amount of compensation payable under a compensation order is paid to the aggrieved consumer under this section and the consumer subsequently commences an action under section 74 and is awarded damages by the court in respect of the same prohibited act or practice, the compensation order is deemed to be in satisfaction of so much of the awarded damages as is equal to the first-mentioned amount.

(6) If the trader concerned does not comply with a compensation order—

(a) within the time ordered by the court, or

(b) within 30 days after the order is made, if no time is specified in the order,

the aggrieved consumer may enter judgment in the District Court or, as appropriate, the Circuit Court by filing the order with that court in the District Court district or, as appropriate, the circuit where the conviction was entered.

(7) A judgment entered in the District Court or the Circuit Court under subsection (6) is enforceable against the trader concerned in the same manner as if it were a judgment rendered in that court in civil proceedings.

82. Court may order convicted person to publish corrective statement.

82.— (1) This section applies to a person—

(a) convicted of an offence under section 47 (respecting misleading commercial practices), 56 (respecting prohibited commercial practices) or 65(2) (respecting pyramid promotional schemes), or

(b) convicted of such an offence pursuant to section 70(1) (respecting offences of traders due to act or default of another person).

(2) On conviction of the person to whom this section applies and on application of the Agency, the court may, in addition to any fine or penalty imposed, order the person to publish, at the person’s expense and in any manner the court considers appropriate, the facts relating to the commission of the offence and a corrective statement in respect of those facts.

(3) The court may, based on the submissions of the Agency in the application and as the court considers appropriate, specify the form and content of the corrective statement or give any directions in respect of the publication of that statement.

83. Summary trial of persons indicted.

83.— (1) F102[If a person is charged with an offence undersection 65(2)of this Act], the District Court may try the person summarily if—

(a) the court is of opinion that the facts proved or alleged constitute a minor offence fit to be tried summarily,

(b) the accused, on being informed by the court of his or her right to be tried with a jury, does not object to being tried summarily, and

(2) On conviction by the court for an offence under section 65(2) that is tried summarily under subsection (1), the following apply:

(a) the accused is liable to the following fines and penalties:

(i) if it is a first conviction for an offence under this Act, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both;

(ii) if it is not a first conviction for an offence under this Act, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both;

(b) section 80 (respecting liability for costs and expenses of proceedings and investigation);

(3) However, if after conviction referred to in subsection (2), the accused continues to contravene section 65(1), the accused is guilty of a further offence on each day that the contravention continues and for each such offence is liable—

(a) on summary conviction, to a fine not exceeding €500, and

(b) on conviction on indictment, to a fine not exceeding €10,000.

(4) F103[…]

84. Agency may institute summary proceedings for offences.

84.— Summary proceedings for an offence under this Act, except an offence under section 65(2), may be brought and prosecuted by the Agency.

84A. F104[Commission for Communications Regulation may institute summary proceedings for certain offences.

84A.—Summary proceedings for an offence under this Act, except an offence undersection 65(2), that relates to a function of the Commission for Communications Regulation may be brought and prosecuted by that Commission.]

Chapter 5

85. Fixed payment notices for price display and product pricing offences.

85.— (1) This section applies in respect of any offence under the following enactments (in this section referred to as a “relevant offence”):

(a) section F105[47(respecting misleading commercial practices) or] 58 (respecting price display regulations);

(b) section 22(a) or (b) of the Prices Act 1958 (respecting price display orders);

F105[(ba) Parts 4 to 6 of the Act of 2022;]

F106[(c) Regulation 4(3), 5(5),F108[5A(2),]6(3) or 7(2) of the European Communities (Requirements to Indicate Product Prices) Regulations 2002 (S.I. No. 639 of 2002);

F105[(ca) Regulation 7, 8, 13 or 14 of the European Communities (Directive 2000/31/EC) Regulations 2003 ( S.I. No. 68 of 2003 );]

(d)F109[…]]

F110[(e)section 66B(2).]

(2) An authorised officer who has reasonable grounds for believing that a person is committing, or has committed, a relevant offence may serve, personally or by post, the notice referred to in subsection (3) on the person.

(3) The notice (“fixed payment notice”) shall be in the prescribed form and state—

(a) that the person on whom it is served is alleged to have committed the relevant offence concerned,

(b) when and where it is alleged to have been committed,

(c) that a prosecution for it will not be instituted if, during the period of 28 days beginning on the date of the notice, the person pays F111[the prescribed amount specified in the notice] to the Agency (at the address stated in the notice) and submits the original or a copy of the fixed payment notice together with that payment, and

(d) that in default of such payment, the person will be prosecuted for the alleged relevant offence.

(4) A payment referred to in subsection(3) shall be accompanied by the original or a copy of the fixed payment notice concerned.

(5) If a fixed payment notice is served on a person—

(a) the person may make a payment in accordance with subsection (3)(c),

(b) the Agency shall receive and retain the payment (subject to subsection (7)) and issue a receipt for it,

(d) a prosecution in respect of the alleged relevant offence to which the notice relates shall not be instituted during the period specified in subsection (3)(c) or, if a payment is made in accordance with subsections (3)(c) and (4, at all.

(6) In proceedings against a person for a relevant offence it shall be presumed, until the contrary is shown, that the person did not make payment in accordance with subsections (3)(c) and (4).

F105[(6A) The amount of a fixed payment, being not more than €1,500, may be prescribed and different amounts may be prescribed in relation to the different relevant offences specified insubsection (1).]

(7) Payments received by the Agency under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs.

Chapter 6

86. Agency may publish information respecting certain persons.

86.— (1) F112[Subject tosection 86A(4), the Commission] shall keep and maintain a list (the “consumer protection list”) of names and addresses of the following persons, together with a description of their trade, business or profession and the particulars described in subsection (2):

(a) any person on whom a fine or other penalty was imposed by a court under the relevant statutory provisions or who was required, by an order under section 81, to pay an amount of money to a consumer;

(b) any person against whom an order is made under section 71 (respecting civil relief by way of prohibition orders);

(d) any person against whom a compliance notice takes effect under section 75(7) or (8) (respecting compliance notices);

(e) any person who makes payment to the Agency pursuant to a fixed payment notice under section 85.

(2) The consumer protection list shall specify, in relation to each person named in the list, any particulars the Agency considers appropriate in respect of the following:

(a) the matter occasioning any fine or penalty imposed on the person by the court and the amount or nature of that fine or penalty;

(b) the matter occasioning any order made by the court against the person and the nature of that order;

(d) the matter occasioning any compliance notice served on the person under this Act;

(e) the matter occasioning any fixed payment notice under this Act.

(3) The Agency may, at any time and in any form or manner the Agency considers appropriate, publish or cause to be published all or any part of the consumer protection list.

F113[Chapter

86A. F114[Commission may publish certain information in respect of grocery goods undertakings

86A.—(1) The Commission shall keep and maintain a list (the "grocery goods undertakings list") of names and addresses of the following persons, together with a description of their trade, business or profession and the particulars described insubsection (2):

(a) any person on whom a fine or other penalty was imposed by a court by or underChapter 5ofPart 3;

(b) any person against whom a contravention notice takes effect undersection 63D(8)or(9).

(2) The grocery goods undertakings list shall specify, in relation to each person named in the list, any particulars the Commission considers appropriate in respect of the following:

(a) the matter occasioning any fine or penalty imposed on the person by the court and the amount or nature of that fine or penalty;

(b) the matter occasioning any order made by the court against the person and the nature of that order;

(3) The Commission may, at any time and in any form or manner the Commission considers appropriate, publish or cause to be published all or any part of the grocery goods undertakings list.

(4) An entry in the grocery goods undertakings list in relation to a person referred to inparagraph (a)or(b)ofsubsection (1)shall not be included in the consumer protection list undersection 86.]

PART 6 Miscellaneous

87. Protections for persons reporting breaches.

87.— (1) A person who, apart from this section, would be so liable shall not be liable in damages in respect of the communication, whether in writing or otherwise, by the person to the Agency of the person’s opinion that—

(a) an offence under any of the relevant statutory provisions has been or is being committed, or

(b) any of the relevant provisions that prohibits a person from doing a particular thing or things has not been or is not being complied with,

unless it is proved that the person has not acted reasonably F115[…] in forming that opinion and communicating it to the Agency.

(2) The reference in subsection (1) to liability in damages shall be construed as including a reference to liability to be the subject of an order providing for any other form of relief.

F116[(2A)Subsection (1)does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]

(3) An employer shall not penalise an employee for having formed an opinion of the kind referred to in subsection (1) and communicated it, whether in writing or otherwise, to the Agency if the employee has acted reasonably F115[…] in forming that opinion and communicating it to the Agency.

F116[(3A)Subsection (3)does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]

(4) Schedule 6 shall have effect for the purposes of subsection (3).

(5) A person who states to the Agency that a person—

(a) has committed or is committing an offence under any of the relevant statutory provisions, or

(b) has failed or is failing to comply with any of the relevant statutory provisions,

knowing that statement to be false commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided in Chapter 4 of Part 5.

F116[(5A)Subsection (5)does not apply to the making of a statement that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]

(6) Subsection (1) is in addition to, and not in substitution for, any privilege or defence available in legal proceedings, by virtue of any enactment or rule of law in force immediately before the commencement of this section, in respect of the communication by a person to another (whether that other person is the Agency or not) of an opinion of the kind referred to in paragraph (a) or (b) of subsection (1).

88. Voluntary submission of codes for Agency review and approval.

88.— (1) Subject to this section, a person representing one or more traders may submit a code of practice to the Agency for its review or approval.

(2) The code of practice shall be submitted in the form and manner specified by the Agency.

(3) The person submitting a code of practice for approval under this section shall provide the Agency with any information the Agency considers necessary or appropriate for the purposes of subsection (4).

(4) If satisfied that the code of practice protects consumer interests and is not inconsistent with this Act or any other enactment, the Agency may approve the code of practice.

(5) A code of practice approved by the Agency may not be amended without approval of the proposed amendments by the Agency and, for this purpose, subsections (3) and (4) apply with the necessary modifications.

(6) The approval by the Agency of a code of practice or any amendments to such code shall be in writing.

(7) The Agency may withdraw any approval under this section if the Agency is of the opinion that, in the implementation or operation of all or part of an approved code of practice or amendment to it, such code, part or amendment fails to protect consumer interests or is in any manner inconsistent with this Act or any other enactment.

(8) If—

(a) it is alleged that a trader who is a signatory to a code of practice with the approval of the Agency under this section has contravened this Act or a complaint is made to the Agency in relation to a commercial practice of that trader, and

(b) the approved code of practice referred to in paragraph (a) provides for procedures or a means of handling or considering such contraventions or complaints,

then the Agency may defer consideration of the complaint or the court may defer hearing an application for a prohibition order under section 71 (respecting prohibition orders) or an action for damages under section 74 (respecting a consumer’s right of action for damages) until the means or procedures referred to in paragraph (b) have been exhausted.

89. Admissibility of codes of practice in proceedings.

89.— In any proceedings before a court, a code of practice (whether approved under section 88 or not) is admissible in evidence and, if any provision of the code is relevant to a question arising in those proceedings, the provision may be taken into account in determining that question.

90. Agency guidelines.

90.— (1) Subject to this section, the Agency may prepare, issue and publish guidelines applicable to traders, or persons representing traders, concerning any of the following:

(a) a matter of consumer welfare or protection;

(b) a matter of practical guidance to traders in relation to commercial practices, whether generally or in a particular trade, business or professional sector;

(c) the establishment, form and operation of quality assurance schemes referred to in F117[section 10(3)(i) of the Competition and Consumer Protection Act 2014];

F118[(d) the form and manner of submitting codes of practice to the Agency for approval undersection 88;]

F119[(e) the Act of 2022;]

F120[(f) the provisions of the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 343 of F121[2015);]]

F122[(g) the provisions of the European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 500 of 2015).]

F123[(h) the provisions of the European Union (Unjustified Geo-blocking of Consumers) Regulations 2018 (S.I. No. 513 of 2018F124[… 2018);]]

F125[(i) the provisions ofPart 4A.]

F126[(i) any contravention of the European Union (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2020 (S.I. No. 14 of 2020).]

(2) Before issuing and publishing guidelines under this section, the Agency may prepare draft guidelines and consult with any person, as the Agency considers appropriate.

(3) If satisfied that proposed or draft guidelines protect consumer interests, the Agency may issue the guidelines and shall cause them to be published in the manner the Agency considers appropriate for the purpose.

(4) Without limiting the generality of subsection (3), the Agency may publish a copy of guidelines issued by it under this section on the internet.

(5) In any proceedings before a court, guidelines issued and published under this section are admissible in evidence and, if any provision of the guidelines is relevant to a question arising in those proceedings, the provision may be taken into account in determining that question.

(6) A failure on the part of any person to observe any provision of guidelines issued and published under this section shall not, of itself, render that person liable to any proceedings.

91. Saving for certain contracts.

91.— Subject to F127[sections 66(1)and74A], a contract for the supply of F127[any product] shall not be void or unenforceable by reason only of a contravention of any provision of this Act.

92. Saving of current price display orders.

92.— (1) 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 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) Prices and Charges (Tax-inclusive Statements) Order 1973 (S.I. No. 9 of 1973);

(b) Charges (Hairdressing Display) Order 1976 (S.I. No. 156 of 1976);

(d) Retail Price (Diesel and Petrol) Display Order 1997 (S.I. No. 178 of 1997);

(e) Retail Price (Beverages in Licensed Premises) Display Order 1999 (S.I. No. 263 of 1999).

(2) The Minister may by regulation amend or revoke any order referred to in subsection (1).

93. Transitional.

93.— (1) Despite section 4, the following enactments made under section 11 of the Consumer Information Act 1978 (before its repeal by this Act) remain in force and are deemed to have been made as regulations by the Minister under section 50(2) until any such enactment is revoked, substituted by regulation of the Minister under section 50(2) or otherwise ceases to have effect:

(a) Consumer Information (Advertisements) (Disclosure of Business Interests) Order 1984 (S.I. No. 168 of 1984);

(b) Consumer Information (Advertisements for Concert or Theatre Performances) Order 1997 (S.I. No. 103 of 1997);

(2) Section 3(2) does not apply to the enactments referred to in subsection (1)(a) to (c).

(3) For certainty, section 26 of the Interpretation Act 2005 applies in respect of the repeal of section 11 of the Consumer Information Act 1978 and its substitution by the provisions of section 50 and, for this purpose, the enactments specified in subsection (1) are conclusively deemed to be consistent with and validly enacted under section 50.

(4) For certainty, the references in sections 51(2) and 69(1) (in paragraph (b)(iii) of the definition of “contravening advertisement”) to a regulation under section 50(2) include any enactment referred to in subsection (1)(a) to (c).

94. Amendment of Central Bank Act 1942.

94.— (1) In this section “Act of 1942” means the Central Bank Act 1942, as amended by, amongst other enactments, the Central Bank and Financial Services Authority of Ireland Act 2003 and the Central Bank and Financial Services Authority of Ireland Act 2004.

(2) Section 2(1) of the Act of 1942 is amended by inserting, before the definition of “Appeals Tribunal”, the following:

“ ‘Agency’ means the National Consumer Agency established by the Consumer Protection Act 2007;”.

(3) Section 5A of the Act of 1942 is amended by inserting the following subsections after subsection (3):

“(3A) The functions of the Agency specified in subsection (3B) are, in so far as they relate to a financial service provided by a regulated financial service provider, also functions of the Bank and subsections (3C) to (3F) have effect for the purposes of this subsection.

(3B) The functions of the Agency referred to in subsection (3A) are the following functions of it under the Consumer Protection Act 2007, namely, functions under—

(a) section 8(1), (4), (5) and (6) of that Act in relation to—

(i) sections 41 to 56 (other than section 50) of that Act, and

(ii) the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 and 2000 (S.I. No. 27 of 1995 and S.I. No. 307 of 2000),

and

(b) sections 30, 71, 72, 73, 75, 81, 82, 84, 86, 88 and 90 of that Act.

(3C) Subsection (3A) operates to vest in the Bank, concurrently with the vesting in the Agency of those functions by the Consumer Protection Act 2007, the functions specified in subsection (3B).

(3D) Accordingly—

(a) the functions so specified are, subject to any relevant co-operation agreement entered into under section 21 of the Consumer Protection Act 2007, capable of being performed by either the Agency or the Bank, and

(b) subject to subsection (3F), references to the Agency in the provisions of that Act specified in subsection (3B) are to be read as including references to the Bank and those provisions otherwise apply.

(3E) Subject to subsection (3F), sections 80, 85 and 87 of the Consumer Protection Act 2007 apply to the Bank as they apply to the Agency and, accordingly, references to the Agency in those sections are to be read as including references to the Bank.

(3F) Where any section of the Consumer Protection Act 2007specified in subsection (3B) or (3E) provides for anything to be done in relation to the Agency (whether the giving of notice to it, the submitting of a thing to it or the doing of any other thing) then, if a co-operation agreement entered into under section 21 of that Act so specifies, it is sufficient compliance with the section concerned if the thing is done in relation to the Agency or the Bank as is specified in that agreement.”.

(4) Section 33S(2) of the Act of 1942 is amended by substituting the following paragraph for paragraph (f):

“(f) the Consumer Protection Act 2007;

(g) the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 and 2000 (S.I. No. 27 of 1995 and S.I. No. 307 of 2000);

(h) such other enactments and statutory instruments as are specified in the regulations.”.

(5) Section 33AK(3) of the Act of 1942 is amended, in paragraph (a), by inserting the following subparagraph after subparagraph (iv):

“(iva) the National Consumer Agency, or”.

(6) Schedule 2 to the Act of 1942 is amended—

(a) in Part 1, by inserting the following item after the item relating to the Investment Funds, Companies and Miscellaneous Provisions Act 2006:

“

”,

and

(b) in Part 2—

(i) by inserting the following item after the item relating to the European Communities (Life Assurance) Framework Regulations 1994 (S.I. No. 360 of 1994):

“

”,

and

(ii) by inserting the following item after the item relating to the European Communities (Supplementary Supervision of Insurance Undertakings in an Insurance Group) Regulations 1999 (S.I. No. 399 of 1999):

“

95. Amendment of Sale of Goods and Supply of Services Act 1980.

95.— Section 6 of the Sale of Goods and Supply of Services Act 1980 is amended by substituting the following subsections for subsection (2):

“(2) If an offence under this Act is committed by a body corporate and is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any neglect on the part of any person being a director, manager, secretary or any other officer of the body corporate or a person purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished as if that person were guilty of the first-mentioned offence.

(3) If, in a prosecution for an offence against the person referred to in subsection (2), it is proved that, at the material time, the person was a director of the body corporate or an employee of it whose duties included making decisions that, to a significant extent, could have affected the management of the body corporate, or a person who purported to act in any such capacity, it shall be presumed, until the contrary is shown, that the person consented to the doing of the acts or defaults that constitute the offence.

(4) Subsection (3) shall be read as placing on the person referred to in that subsection an evidential burden only with respect to the matter or matters concerned.

(5) If the affairs of a body corporate are managed by its members, subsections (2) and (3) apply in relation to the acts or defaults of a member in connection with the member’s functions of management as if that member were a director or manager of the body corporate.”.

96. Saving for other rights person may have.

96.— This Act shall not affect any rights which a person may have under any other enactment or under any rule of law.

97. Amendment of Industrial Development Act 1993.

97.— The following section is inserted after section 9 of the Industrial Development Act 1993:

“Validation of assignment of powers and functions.

9A.— (1) In this section ‘relevant assignment’ means the assignment by Forfás with the approval of the Minister on 26 May 2006 under section 9(2) to the Industrial Development Agency (Ireland), Enterprise Ireland and Shannon Free Airport Development Company Limited of the power to make employment grants under section 25 of the Industrial Development Act 1986.

(2) The relevant assignment shall be deemed to have come into operation on 25 July 2003.

(3) Nothing in this section shall affect any proceedings commenced in any court concerning the making of an employment grant under section 25 of the Industrial Development Act 1986 where those proceedings were commenced before 1 February 2007.”.

98. Amendment of Casual Trading Act 1995.

98.— The following section is inserted after section 6 of the Casual Trading Act 1995:

“Guidelines with respect to performance of functions under section 6.

6A.— (1) The Minister may prepare and issue to local authorities guidelines, in writing, regarding the performance by them of their functions under section 6 in relation to bye-laws.

(2) Without prejudice to the generality of subsection (1), guidelines under this section may include guidelines as to the particular provision that a local authority should make by bye-laws under section 6 in relation to each of the matters mentioned in subsection (2) of that section.

(3) Local authorities shall have regard to guidelines for the time being in force under this section in performing their functions under section 6 in relation to bye-laws.

(4) The Minister may amend or revoke, in writing, guidelines issued under this section.

(5) The Minister shall cause a copy of any guidelines issued under this section and of any amendment or revocation of them to be laid before each House of the Oireachtas.”.

99. Amendment of Hallmarking Act 1981.

99.— The following sections are substituted for sections 5 and 6 of the Hallmarking Act 1981:

“False representations in relation to certain articles.

5.— (1) Subject to section 6 of this Act, a commercial practice that involves a representation that an article which is not of precious metal is made wholly or partly of gold, silver or platinum is a misleading commercial practice under section 43(1) and (2) of the Consumer Protection Act 2007.

(2) A trader who engages in any misleading commercial practice described in subsection (1) is guilty of an offence under section 47 of the Consumer Protection Act 2007.

Permissible representations in relation to certain articles.

6.— (1) Section 5 of this Act does not apply to a representation which is permissible under this Act.

(2) A representation is permissible under this Act if it complies with the following conditions:

(a) it is confined either expressly or by implication to the colour of the article;

(b) if it consists of or includes the word ‘gold’, that word is qualified by the word ‘plated’ or the word ‘rolled’;

(c) if it consists of or includes the word ‘silver’ or the word ‘platinum’, whichever of those words is used is qualified by the word ‘plated’;

(d) 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.

(3) Subsection (2) of this section does not apply if the representation is false or is applied to an article for which the representation is inappropriate.

Construction of certain expressions in sections 5 and 6.

6A.— In sections 5 and 6 of this Act, ‘commercial practice’, ‘representation’ and ‘trader’ have the same meaning as they have in the Consumer Protection Act 2007.”.

100. Power of officer of customs and excise to detain unsafe goods.

100.— For the purpose of facilitating the performance by the Agency of any functions conferred on it by any of the relevant statutory provisions relating to the safety of products, an officer of customs and excise, when authorised to do so by the Revenue Commissioners following a written request in that behalf by the Agency, may detain any goods being imported for such period as is reasonably necessary for the Agency to examine the goods, or arrange to have the goods examined, which period shall not in any case exceed 72 hours from the time when the goods concerned are detained.

101. Directions under certain instruments respecting product safety: actions of third parties.

101.— (1) In this section “relevant direction” means a direction, for the time being in force, given under any of the statutory instruments specified in Schedule 7, being a direction—

(a) prohibiting the placing on the market of one or more products or requiring one or more products to be withdrawn from the market, or

(b) imposing restrictions on the placing on the market of one or more products.

(2) In this section a reference to a product concerned is a reference to a product to which the relevant direction relates.

(3) If a relevant direction is given to a person, being a direction to which subsection (1)(a) applies, any other person who knows of the direction shall not do any of the following things, namely—

(a) distribute,

(b) sell,

(d) supply in the course of providing a service,

a product concerned.

(4) If a relevant direction is given to a person, being a direction to which subsection (1)(b) applies, any other person who knows of the direction shall not—

(a) in a case where the restriction concerned prohibits the doing of that particular thing in respect of the product — do any particular thing referred to in subsection (3) in respect of a product concerned, or

(b) in a case where the restriction concerned does not prohibit the doing of that particular thing in respect of the product — do any particular thing referred to in subsection (3) in respect of a product concerned otherwise than in accordance with the terms of the restriction.

(5) A person who contravenes subsection (3) or (4) commits an offence and is liable on summary conviction to the fines and penalties provided in Chapter 4 of Part 5.

(6) This section is in addition to the provision of any statutory instrument specified in Schedule 7 that creates an offence in respect of a contravention of a direction given under that instrument.

102. Admissibility of certain laboratory tests.

102.— (1) A certificate in writing purporting to be signed by a person employed in a relevant laboratory and stating the results of one or more tests carried out in that laboratory with respect to a product of a specified type shall, without proof of the signature of that person or that he or she is employed in the relevant laboratory, be admissible as evidence of the results of the test or tests in the following proceedings taken in relation to that type of product.

(2) Those proceedings are proceedings under any of the statutory instruments specified in Schedule 7.

(3) In this section "relevant laboratory" means a laboratory the competence of which to carry out tests in relation to products is recognised by an authority performing functions under the laws, regulations or administrative provisions adopted by a Member State for the purposes of F128[any of the Directives or Regulations] specified in Schedule 8.

(4) 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 to in the certificate as a relevant laboratory is such a laboratory.

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