Legalize / Ireland / Act

Competition and Consumer Protection Act 2014

Type Act

Publication 2014-07-28

Last updated 2024-12-19

State In force

Source Irish Statute Book

articles 93

Reform history JSON API

PART 1 Preliminary and General

1. Short title, collective citations, construction and commencement

1. (1) This Act may be cited as the Competition and Consumer Protection Act 2014.

(2) The Competition Acts 2002 to 2012 and Parts 3 and 4 may be cited together as the Competition Acts 2002 to 2014 and shall be construed together as one Act.

(3) The Consumer Protection Act 2007 and Parts 5 and 6 may be cited together as the Consumer Protection Acts 2007 and 2014 and shall be construed together as one Act.

(4) The Communications (Retention of Data) Act 2011 and section 89 may be cited together as the Communications (Retention of Data) Acts 2011 and 2014 and shall be construed together as one Act.

(5) This Act, other than Part 4, 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, and for the repeal of different provisions effected by section 7.

(6) Part 4 shall come into operation on such day or days as the Minister for Communications, Energy and Natural Resources 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.

2. Interpretation

2. In this Act—

“Act of 2002” means the Competition Act 2002;

“Act of 2007” means the Consumer Protection Act 2007;

“authorised officer” shall be construed in accordance with section 35;

“Commission” has the meaning assigned to it by section 9;

“contravention” has the same meaning as it has in the Act of 2002;

“enactment” has the same meaning as it has in the Interpretation Act 2005;

“establishment day” shall be construed in accordance with section 8;

“dissolved body” has the meaning assigned to it by section 38;

“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 Commission, means the period commencing on the establishment day and ending on 31 December in the year in which the establishment day falls;

“goods” has the same meaning as it has in the Act of 2007;

“Minister” means the Minister for Jobs, Enterprise and Innovation;

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

“recognised trade union or staff association” means a trade union or staff association recognised by the Commission for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees;

F1["Regulation of 2003" means Regulation (EC) No. 1/2003 of 16 December 2002^8on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty;]

F1["relevant competition law" has the same meaning as it has in the Act of 2002;]

“relevant statutory provisions” means—

(a) “relevant statutory provisions” within the meaning of the Act of 2007,

(b) the Act of 2002, and any instrument made under that Act for the time being in force, and

“services” has the same meaning as it has in the Act of 2007;

“undertaking” has the same meaning as it has in the Act of 2002.

3. Orders and regulations

3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every order (other than an order under section 1(5) or section 8 made by the Minister or an order under section 1(6) made by the Minister for Communications, Energy and Natural Resources) and regulation made by the Minister 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 order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4. Time limit for institution of summary proceedings

4. Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted within 2 years from the date on which the offence was alleged to have been committed.

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 Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

6. Transitional provisions relating to mergers

6. Where a merger or acquisition was notified under Part 3 of the Act of 2002 before the commencement of section 7(1)(b) and Parts 3 and 4, then, upon such commencement, the Act of 2002 shall apply to the merger or acquisition as if the amendments effected by section 7(1) and Parts 3 and 4 had not been made.

7. Repeals

7. (1) The following provisions of the Act of 2002 are repealed:

(a) subsections (11B) and (11C) (inserted by section 2(h) of the Competition (Amendment) Act 2012) of section 8;

(b) sections 23 and 25;

(d) Schedule 1.

(2) Part 2 (other than sections 24A to 24E) of the Act of 2007 is repealed.

PART 2 Establishment of Commission and Dissolution of Bodies

Chapter 1

8. Establishment day

8. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

9. Establishment of Competition and Consumer Protection Commission

9. (1) There shall stand established on the establishment day, a body which shall be known, in the Irish language, as An Coimisiún um Iomaíocht agus Cosaint Tomhaltóirí or, in the English language, as the Competition and Consumer Protection Commission (in this Act referred to as the “Commission”), to perform the functions conferred on it by this Act.

(2) The Commission shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name, and shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, have power to acquire, hold and dispose of land or an interest in land, and shall have power to acquire, hold and dispose of any other property.

(3) The seal of the Commission shall be authenticated by—

(a) the signatures of 2 members of the Commission, or

(b) the signatures of both a member and a member of the staff of the Commission, authorised by the Commission to act in that behalf.

(4) Judicial notice shall be taken of the seal of the Commission and any document purporting to be an instrument made by, and to be sealed with the seal of, the Commission shall, unless the contrary is shown, be received in evidence and be deemed to be such instrument without further proof.

(5) Subject to this Act, the Act of 2002 and the Act of 2007 the Commission shall be independent in the performance of its functions.

10. Functions of Commission

10. (1) The Commission shall have, in addition to the functions assigned to it by any other provision of this Act, or of any other enactment, the following functions:

(a) to promote competition;

(b) to promote and protect the interests and welfare of consumers;

(c) to carry out an investigation, F2[on its own initiative, in response to a complaint made to it by any person, or to assist with an investigation conducted by the European Commission or a competition authority of another Member State in accordance with the Regulation of 2003,] into any suspected breach of—

(i) the relevant statutory provisions, that may be occurring or has occurred,

(ii) Article 101 or 102 of the Treaty on the Functioning of the European Union, that may be occurring or has occurred, or

(iii) notwithstanding their repeal, the Competition (Amendment) Act 1996 and the Competition Act 1991, that has occurred;

(d) to enforce the relevant statutory provisions;

(e) to encourage compliance with the relevant statutory provisions, which may include the publication of notices containing practical guidance as to how those provisions may be complied with;

(f) to set the strategic objectives for the Commission; and

(g) to ensure that appropriate systems and procedures are in place to achieve the Commission’s strategic objectives and to take all reasonable steps available to it to achieve those objectives.

(2) This section and the other provisions of this Part are without prejudice to the Central Bank Act 1942 in relation to the concurrent vesting in the Central Bank of Ireland of certain functions under the Act of 2007.

(3) Without prejudice to the generality of subsection (1), in performing its functions under this Act, the Commission—

(a) may, and shall at the request of the Minister, advise and, as appropriate, make recommendations to the Government, the Minister, any other Minister of the Government, any Minister of State, any public body or any prescribed body within the meaning of section 19 in relation to any matter concerning, or which the Commission considers would be likely to impact on—

(i) consumer protection and welfare, or

(ii) competition,

or both,

(b) shall foster and promote contacts, and co-operate and consult with consumer groups and such other persons or bodies as the Commission considers could assist in the promotion or development of consumer protection and welfare and competition matters,

(c) shall promote, where appropriate, the development of alternative dispute resolution procedures as a means of resolving disputes arising out of consumer transactions,

(d) shall promote public awareness and conduct public information campaigns for the purpose of educating and providing information to the public in relation to consumer protection and welfare,

(e) shall promote public awareness and conduct public information campaigns in relation to issues of competition,

(f) shall promote educational initiatives and activities relating to consumer and competition information and awareness and advise, when requested, the Minister or any other Minister of the Government, Department of State, educational or training institution or any public body whose activities are concerned with matters relating to any of the purposes of this Act, the Act of 2002 or the Act of 2007,

(g) shall review and may approve codes of practice in accordance with section 88 of the Act of 2007,

(h) shall prepare and publish guidelines to traders or persons representing traders in accordance with section 90 of the Act of 2007,

(i) shall promote and encourage the establishment by a trader or traders, whether generally or in respect of a particular service or services, of quality assurance schemes, that is to say schemes the purpose of which is—

(i) to maintain and improve the quality and reliability of the service or services provided to consumers, and

(ii) to enable consumers to identify traders who meet the requirements of the scheme concerned,

(j) shall promote the interests of consumers by—

(i) providing information in relation to financial services, including information in relation to the costs to consumers, and the risks and benefits associated with the provision of those services, and

(ii) promoting the development of financial education and capability,

(k) may, and shall when requested by the Minister, advise and, as appropriate, make recommendations to the Government, the Minister, any other Minister of the Government or any Minister of State, in relation to any proposals for legislative change, or any other policy matters, concerning—

(i) consumer protection and welfare, or

(ii) competition,

or both,

(l) may, and shall when requested by the Minister, and after consultation with such persons as it considers appropriate having regard to the proposals to be submitted, submit to the Minister, any other Minister of the Government or any Minister of State any proposals it considers appropriate for amendment of any enactment, or for new enactments, concerning—

(i) consumer protection and welfare, or

(ii) competition,

or both,

(m) may co-operate with other authorities whether in the State or elsewhere charged with responsibility for the enforcement of laws relating to consumer protection and welfare and competition or the promotion of consumer protection and welfare and competition between undertakings,

(n) shall, as it considers appropriate, conduct or commission research, studies and analysis on matters relating to the functions of the Commission and may publish, in the form and manner that the Commission thinks fit, such findings as it considers appropriate (which may consist of, or include, a study or analysis of any development outside the State),

(o) for the purposes of performing its functions under paragraphs (d), (e), (f) and (n), may, through the provision of financial or other resources, support the activities relating to consumer protection and welfare and competition of such voluntary bodies as the Commission considers appropriate,

(p) may identify and comment on constraints imposed by any enactment or administrative practice on the operation of competition in the economy,

(q) shall perform such other functions transferred to the Commission pursuant to section 39 including the functions transferred to the National Consumer Agency under subsection (2) of section 37 of the Act of 2007.

(4) The Minister may request the Commission to carry out a study or analysis of—

(a) any issue relating to consumer protection and welfare,

(b) any practice or method of competition affecting the supply and distribution of goods or the provision of services, or

and to submit a report to the Minister in relation to the study or analysis, and the Commission shall comply with such a request within such period and in such form and manner as the Minister may specify in the request.

(5) The Commission shall have all such powers as are necessary or expedient for the performance of its functions and shall ensure that its functions are performed effectively and efficiently.

F2[(6) The Commission may delegate the performance of any of its functions to any member of the Commission, to any member of its staff duly authorised in that behalf by the Commission or to any authorised officer duly authorised in that behalf by the Commission.]

(7) Notwithstanding subsection (6), the Commission may not delegate the performance of the following functions—

(a) making a declaration under subsection (3) of section 4 of the Act of 2002 that a specified category of agreements, decisions or concerted practices complies with the conditions referred to in subsection (5) of that section,

(b) making a determination in relation to a merger or acquisition under section 22(3) of the Act of 2002,

(c) the initiation of enforcement proceedings under Parts 2 and 2A and section 26 of the Act of 2002 and Part 5 of the Act of 2007,

F3[(ca) the referral of a matter to an adjudication officer for decision under section 15M of the Act of 2002,]

(d) functions under Chapter 5 (inserted by Part 6) of Part 3 of the Act of 2007, and

(e) functions under sections 22, 28, 30 and 32.

(8) Nothing in this section or any other provision of this Act imposes a duty on the Commission to consider whether to investigate a matter that is referred to it but the Commission may, in the case of a matter referred to it, consider whether to do so (and, accordingly, may proceed to investigate the matter) where it is satisfied the matter may affect competition or the interests and welfare of consumers or both.

(9) In this section, “public body” has the same meaning as in the Act of 2007.

11. Supplementary powers of Commission with respect to carrying out certain functions

11. (1) To enable the Commission to perform the functions set out in section 10(3)(j), the Commission may—

(a) undertake studies, analyses and surveys with respect to the provision of financial services to consumers,

(b) collect and compile information for that purpose, and

(2) In undertaking a study, analysis or survey under subsection (1), the Commission—

(a) may, by notice in writing, require any person who, in the opinion of the Commission has information, or has control of a record or other thing, that is relevant to the study, analysis or survey to provide the information, record or thing to the Commission, and

(b) may, by the same or another notice in writing, require the person to attend before a member or member of the staff of the Commission for that purpose.

(3) A person who—

(a) intentionally prevents the Commission from exercising a function conferred by subsection (1),

(b) intentionally obstructs or hinders the Commission in the exercise of such a power,

(c) without reasonable excuse, fails to comply with a requirement made to the person in accordance with subsection (2), or

(d) in purporting to comply with a requirement made under subsection (2) to provide information, provides the Commission with information that the person knows, or ought reasonably to know, is false or misleading in a material respect,

is guilty of an offence.

(4) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €30,000 or imprisonment for a term not exceeding 5 years or both.

(5) Summary proceedings for an offence under this section may be brought and prosecuted by the Commission.

12. Membership of Commission

12. (1) A person who immediately before the establishment day was—

(a) a member of the Competition Authority, or

(b) the chief executive officer of the National Consumer Agency,

shall, on the establishment day, become and be a member of the Commission, and shall continue as such member for the remainder of the term of office for which he or she was appointed, unless he or she sooner dies, resigns from office or otherwise ceases to hold office.

(2) The person who immediately before the establishment day was the chairperson of the Competition Authority shall, on the establishment day, become and be the chairperson of the Commission, and shall continue as such chairperson for the remainder of the term of office for which he or she was appointed, unless he or she sooner dies, resigns from office or otherwise ceases to hold office.

(3) Subject to subsections (1) and (2) the membership of the Commission shall consist of—

(a) a chairperson and such number of other whole-time members, not being less than 2 nor more than 6, as the Minister determines and appoints (but that limitation on numbers does not affect an appointment under paragraph (b)),

(b) in any case where it appears to the Minister that a member referred to in paragraph (a) is temporarily unable to discharge his or her duties, a whole-time member appointed by the Minister, for all or part of that period of inability, to act in that member’s place, and

(4) Without prejudice to subsection (3)(b), where it appears to the Minister that the chairperson of the Commission is temporarily unable to discharge his or her duties, the Minister may authorise another whole-time member to act, for all or part of that period of inability, in the chairperson’s place and for so long as such a member is so authorised and references in this Act to the chairperson of the Commission shall be construed as including references to that member.

(5) (a) If a member of the Commission dies, retires, resigns, ceases to be qualified for office and ceases to hold office, is removed from office or otherwise ceases to be a member of the Commission, the Minister may, subject to subsections (7) and (8), appoint a person to be a member of the Commission to fill the vacancy so occasioned.

(b) Paragraph (a) shall not operate to prevent the appointment of a person to be a member of the Commission under subsection (3)(a) to fill a vacancy occasioned by any of the circumstances referred to in the said paragraph (a).

(6) Subject to subsection (7), the members of the Commission shall be recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 and appointed by the Minister.

(7)Subsection (6) does not apply to—

(a) a person to whom subsection (1) or (2) applies,

(b) an appointment under paragraph (b) or (c) of subsection (3) or the reappointment under that subsection of a person as a member of the Commission, or

(8) An appointment under paragraph (b) or (c) of subsection (3) or under subsection (5) shall not be made unless the person who the Minister proposes to appoint possesses, in the opinion of the Minister, sufficient expertise in, or experience of, one or more of the following areas, namely, law, economics, public administration, consumer affairs, or business generally.

(9) The term of office of a member of the Commission shall be fixed by the Minister when appointing him or her and shall not exceed 5 years.

(10) Notwithstanding subsection (9), a person appointed to be a member of the Commission under subsection (5) shall, subject to subsection (11), hold office for such period not exceeding 6 months as the Minister may determine commencing on the date of his or her appointment.

(11) The Minister may extend a period of appointment under subsection (10) for—

(a) such period not exceeding 6 months as he or she may determine, or

(b) such periods, the aggregate of which shall not exceed 6 months, as he or she may determine.

(12) Subject to subsection (13), a member of the Commission whose term of office expires by the effluxion of time shall be eligible for reappointment to the Commission.

(13) A member of the Commission who has served 2 terms of office shall not be eligible for reappointment to the Commission, and any period during which a person serves as a member of the Commission by virtue of subsection (1) F4[,(3)(b)or(5)(a)] shall, for the purposes of this subsection, be deemed not to be a term of office.

(14) A person appointed to be a member of the Commission under subsection (5) shall, subject to subsection (22) and section 16, be eligible to be appointed to be a member of the Commission under subsection (3), upon the expiration of—

(a) the period referred to in subsection (10), or

(b) that period as extended under subsection (11),

as may be appropriate, unless he or she was removed from office pursuant to subsection (19) .

(15) Each member of the Commission shall hold office on such conditions as may be fixed by the Minister after consultation with the Minister for Public Expenditure and Reform.

(16) A member of the Commission may be paid such remuneration, if any, as the Minister with the consent of the Minister for Public Expenditure and Reform determines.

(17) Subject to subsection (6), the Public Service Management (Recruitment and Appointments) Act 2004 shall not apply to the office of a member.

(18) If a member of the Commission is personally interested in a particular matter with which the Commission is dealing, he or she shall inform the Minister accordingly and shall not act as a member during the consideration of the matter.

(19) The Minister may remove from office a member of the Commission who has become incapable through ill-health of performing efficiently his or her duties as such member or whose removal appears to the Minister to be necessary in the interests of the effective and economical performance of the functions of the Commission.

(20) Where the Minister removes a member of the Commission from office, he or she shall lay before each House of the Oireachtas a statement in writing of the reasons for such removal.

(21) A member of the Commission may resign from the Commission by letter addressed to the Minister and the resignation shall take effect on the date specified in the letter, or the date on which the Minister receives the letter, whichever is the later.

(22) A person shall be disqualified from holding and shall cease to hold office as a member of the Commission if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with his or her creditors,

(d) is convicted of an offence involving fraud or dishonesty, whether or not in connection with a company,

(e) is the subject of an order under section 160 of the Companies Act 1990, has a declaration under section 150 of the Companies Act 1990 made against him or her or is subject or is deemed to be subject to a disqualification order by virtue of Part VII of that Act,

(f) has a conflict of interest of such significance that, in the opinion of the Minister requires that he or she should not hold or should cease to hold such office, or

(g) is sentenced to a term of imprisonment by a court of competent jurisdiction.

13. Indemnity for members, members of staff and authorised officers of Commission

13. (1) Where the Commission is satisfied that a person to whom this section applies has discharged his or her duties in pursuance of the functions of the Commission in good faith, the Commission may, in the manner and to the extent and subject to the terms and conditions that the Commission may determine from time to time in consultation with the Minister, indemnify that person against all actions or claims however they arise in respect of the discharge by him or her of his or her duties.

(2) This section applies to—

(a) a member of the Commission (including the chairperson),

(b) a member of the staff of the Commission, and

14. Functions of chairperson

14. The chairperson shall carry on and manage, and control generally the staff, administration and business of the Commission.

15. Meetings and procedures of Commission

15. (1) The Commission shall hold such and so many meetings as may be necessary for the due fulfilment of its functions.

(2) At a meeting of the Commission—

(a) the chairperson of the Commission shall, if present, be the chairperson of the meeting, or

(b) if and so long as the chairperson of the Commission is not present, or if that office is vacant, the members of the Commission who are present shall choose one of their number to be chairperson of the meeting.

(3) Every question at a meeting on which a vote is required shall be determined by a majority of the votes of the members of the Commission present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

(4) Subject to subsection (5), the Commission may act notwithstanding one or more vacancies among its members.

(5) The quorum for a meeting of the Commission shall, unless the Minister otherwise directs, be 3.

(6) The Commission may transact any of its business at a meeting at which its members participate by telephone, closed circuit television or any other means of communication by which all members can hear and be heard at the same time.

(7) A member of the Commission who participates in a meeting referred to in subsection (6) is taken for all purposes to have been present at the meeting and any such member shall have the same voting rights as if he or she were physically present.

(8) Subject to the provisions of this Act, the Act of 2002 and the Act of 2007, the Commission shall regulate its procedures by rules or otherwise in such manner as it shall from time to time determine.

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

16. (1) Where a member of the Commission is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to that Parliament, or

(d) elected or co-opted as a member of a local authority,

he or she shall thereupon cease to be a member of the Commission.

(2) Where a member of the staff of the Commission is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) regarded pursuant to Part XIII of the Second Schedule to the Act of 1997 as having been elected to that Parliament, or

(d) elected or co-opted as a member of a local authority,

he or she shall thereupon stand seconded from employment by the Commission and shall not be paid by, or be entitled to receive from, the Commission any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected or on such election or co-option (as the case may be), and ending when he or she ceases to be a member of either such House, a member of such Parliament or a member of the local authority.

(3) A person who is for the time being—

(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(b) a member of the European Parliament, or

shall, while he or she is so entitled or is such a member, be disqualified for membership of the Commission or for employment in any capacity by the Commission.

(4) A period mentioned in subsection (2) shall not, for the purposes of any superannuation benefit, be reckoned as service with the Commission.

(5) In this section—

“Act of 1997” means the European Parliament Elections Act 1997;

“local authority” has the same meaning as in the Local Government Act 2001.

17. Review of legislation

17. (1) The Minister may consult the Commission regarding proposals for legislation relating to one or both of the following:

(a) consumer protection and welfare; or

(b) competition.

(2) The Commission shall—

(a) keep under review the relevant statutory provisions,

(b) submit, from time to time, to the Minister or such other Minister of the Government having responsibility for any other statutory provisions relating to, or which impact on, consumer protection and welfare or competition, or both, any proposals that it considers appropriate relating to any of the relevant statutory provisions or any other statutory provisions or for making or revoking any instruments under those provisions,

(d) assist in the preparation of such draft legislation as the Minister may direct.

(3) Before submitting proposals under subsection (2) to the Minister or any other Minister of the Government, as the case may be, the Commission shall consult any other person who it appears to the Commission is appropriate in the circumstances to be consulted, or whom the Minister or the other Minister of the Government, as the case may be, directs is to be consulted.

18. Investigations by Commission

18. (1) The Commission may, to enable it to perform its functions under this Act, do all or any of the following things:

(a) summon witnesses to attend before it;

(b) examine on oath (which the Commission, or any member of staff of the Commission duly authorised by the Commission, is by this section authorised to administer) the witnesses attending before it;

(c) require any such witness to produce to the Commission any books, documents and records in his or her power or control;

(d) by notice in writing, require any person or undertaking to provide it with such written information as the Commission considers necessary to enable it to carry out its functions.

(2) A witness before the Commission pursuant to subsection (1)(a), shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

(3) A summons to be issued for the purposes of subsection (1)(a) shall be signed by a member of the Commission.

(4) A person who—

(a) on being duly summoned as a witness before the Commission makes default in attending,

(b) being in attendance as a witness refuses to take an oath legally required by the Commission to be taken, or to produce any books, documents and records in his or her power or control legally required by the Commission to be produced by him or her, or to answer any question to which the Commission may legally require an answer,

(c) provides the Commission with information that the person knows, or ought reasonably to know, is false or misleading in a material respect,

(d) fails, without reasonable cause, to provide information pursuant to a notice under paragraph (d) of subsection (1), or

(e) does any other thing which, if the Commission were a court having power to commit for contempt of court, would be contempt of such court,

is guilty of an offence.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years or both.

(6) Paragraph (b) of subsection (5) operates so that if the contravention concerned continues one or more days after the date of its first occurrence, the person referred to in that paragraph is guilty of a separate offence under that paragraph for each day that the contravention occurs; but in respect of the second or subsequent offence of which the person is guilty by reason of that continued contravention, paragraph (b) of subsection (5) shall have effect as if “€25,000” were substituted for “€250,000” and references to imprisonment were disregarded.

19. Provision for co-operation between Commission and certain prescribed bodies

19. (1) The Commission may enter into an arrangement or arrangements with each of the prescribed bodies for the purposes of—

(a) facilitating co-operation between the Commission and the prescribed bodies in the performance of their respective functions in so far as they relate to—

(i) consumer protection and welfare issues, or

(ii) issues of competition between undertakings,

(b) avoiding duplication of activities by the Commission and any of the prescribed bodies,

(c) ensuring, as far as practicable, consistency between decisions made or other steps taken by the Commission and the prescribed bodies in so far as any part of those decisions or steps consists of or relates to—

(i) consumer protection and welfare or issues of concern to consumers, or

(ii) a determination of any issue of competition between undertakings,

(d) enabling the Commission to be consulted in relation to any decisions by prescribed bodies which affect consumers or issues of competition between undertakings, or

(e) where appropriate, conducting joint studies or analyses of matters relating to consumer protection and welfare, issues of concern to consumers or issues of competition,

and each such agreement that is entered into is referred to in this section as a “co-operation agreement”.

(2) It shall not be necessary for the purposes of subsection (1) that the same prescribed bodies be party to each agreement entered into with the Commission in pursuance of that subsection.

(3) A co-operation agreement shall include provisions—

(a) enabling each party to furnish to another party information in its possession if the information is required by that other party for the purpose of the performance by it of any of its functions,

(b) enabling each party to forbear to perform any of its functions in relation to a matter in circumstances where it is satisfied that another party is performing functions in relation to that matter,

(c) requiring each party to consult with any other party before performing any functions in circumstances where the respective exercise by each party of the functions concerned involves the determination of issues of consumer protection and welfare or competition issues that are identical to one another or are within the same category of such an issue, being a category specified in the co-operation agreement, and

(d) ensuring that no person is the subject of—

(i) proceedings (whether civil or criminal) under this Act, the Act of 2002, the Act of 2007 or any other enactment, or

(ii) the exercise of any power under section 73 or 75 of the Act of 2007,

in respect of an alleged contravention of a provision of this Act, the Act of 2002, the Act of 2007 or any other enactment, by more than one of the parties.

(4) A co-operation agreement may be varied by the parties concerned.

(5) The Minister and any other appropriate Minister shall each be furnished by the Commission with a copy of every co-operation agreement (including any variation of the agreement) that has been made within one month after the agreement (or the variation of it) has been made.

(6) A co-operation agreement, or any variation made to it, shall be in writing and, as soon as practicable after the agreement or variation has been made and furnished to the Minister and any other appropriate Minister, each of the parties shall arrange for it to be published on the internet.

(7) Without prejudice to subsection (8), nothing in any enactment shall be read as preventing the provisions of a co-operation agreement from having effect in accordance with their terms.

(8) If information is furnished by one party to another party pursuant to a provision of a co-operation agreement of the kind referred to in subsection (3)(a), the provisions of any enactment concerning the disclosure of that information by the first-mentioned party shall apply to the second-mentioned party with respect to that information.

(9) A failure by the Commission or a prescribed body to comply with a provision of a co- operation agreement shall not invalidate the exercise by it of any power.

(10) (a) In this section—

“appropriate Minister” means the Minister of the Government on whom functions stand conferred in relation to the prescribed body in question;

“party” means a party to a co-operation agreement and a reference to another party (whether that expression or the expression “the other party” is used) shall, where there are 2 or more other parties to the agreement, be construed as a reference to one or more of those other parties or each of them, as appropriate;

“prescribed body” means each of the following:

(i) the Broadcasting Authority of Ireland;

(ii) the Central Bank of Ireland;

(iii) the Commission for Aviation Regulation;

(iv) the Commission for Communications Regulation;

(v) the Commission for Energy Regulation;

(vi) the Data Protection Commissioner;

(vii) the Environmental Protection Agency;

(viii) the Financial Services Ombudsman;

(ix) the Food Safety Authority of Ireland;

(x) the Health Insurance Authority;

(xi) the National Transport Authority;

(xii) a body prescribed by the Minister.

(b) Before prescribing a body for the purposes of this section, the Minister shall consult with such Minister or Ministers of the Government as he or she considers appropriate.

(c) In prescribing a body for the purposes of this section the Minister shall have regard to the functions and activities of the body in so far as those functions and activities relate to consumer protection and welfare and issues of competition.

20. Directions of Minister

20. (1) The Minister may, in relation to the performance by the Commission of its functions, give a direction in writing to the Commission requiring it to comply with such policies of the Government as are specified in the direction.

(2) The Minister shall lay a copy of a direction under subsection (1) before each House of the Oireachtas.

(3) The Commission shall comply with a direction under subsection (1) .

(4) For the purposes of this section “functions” does not include—

(a) a function specified in subsection (7) of section 10,

(b) making a determination in relation to a merger or acquisition under section 21(2) of the Act of 2002, or

F6[(5) A direction given by the Minister undersubsection (1)shall not be given to, nor apply to—

(a) adjudication officers appointed under section 15O of the Act of 2002, or

(b) assistants to adjudication officers appointed under section 15R of the Act of 2002.]

21. Grants to Commission

21. In each financial year, the Minister may advance to the Commission out of moneys provided by the Oireachtas such sums as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine.

22. Power to borrow

22. (1) The Commission may, with the consent of the Minister and the Minister for Public Expenditure and Reform and subject to such conditions (if any) as they may specify, from time to time, borrow money (whether on the security of the assets of the Commission or not).

(2) The aggregate standing borrowed under this section at any one time shall not exceed such amount as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine.

23. Relationship of Commission with foreign competition or consumer bodies

23. (1) The Commission may, with the consent of the Minister, enter into arrangements with a foreign competition or consumer body whereby each party to the arrangements may—

(a) furnish to the other party information in its possession if the information is required by that other party for the purpose of performance by it of any of its functions, and

(b) provide such other assistance to the other party as will facilitate the performance by that other party of any of its functions.

(2) The Commission shall not furnish any information to a foreign competition or consumer body pursuant to such arrangements unless it requires of, and obtains from, that body an undertaking in writing by it that it will comply with terms specified in that requirement, being terms that correspond to the provisions of any enactment concerning the disclosure of that information by the Commission.

(3) The Commission may give an undertaking to a foreign competition or consumer body that it will comply with terms specified in a requirement made of the Commission by the body to give such an undertaking where—

(a) those terms correspond to the provisions of any law in force in the state in which the body is established, being provisions which concern the disclosure by the body of the information referred to in paragraph (b), and

(b) compliance with the requirement is a condition imposed by the body for furnishing information in its possession to the Commission pursuant to the arrangements referred to in subsection (1) .

(4) In this section “foreign competition or consumer body” means a person in whom there are vested functions under the law of another state with respect to the enforcement or the administration of provisions of that state’s law concerning—

(a) competition between undertakings (whether in a particular sector of that state’s economy or throughout that economy generally), or

(b) consumer protection and welfare (whether in a particular sector of that state’s economy or throughout that economy generally).

24. Disclosure of information relating to offences

24. (1) F7[NotwithstandingF8[section 25andsection 25A, and section 15AV of the Act of 2002]], information, which in the opinion of the Commission may relate to the commission of an offence which is not an offence under the relevant statutory provisions, may be disclosed by a member of the staff of the Commission authorised by the Commission to act in that behalf to—

(a) a member of An Garda Síochána,

(b) the Director of Corporate Enforcement,

(d) the Central Bank of Ireland,

(e) the Commission for Communications Regulation,

(f) the Department of Social Protection,

(g) the Irish Auditing and Accounting Supervisory Authority,

(h) the Broadcasting Authority of Ireland,

(i) the Commission for Aviation Regulation,

(j) the Commission for Energy Regulation,

(k) the Data Protection Commissioner,

(l) the Environmental Protection Agency,

(m) the Financial Services Ombudsman,

(n) the Food Safety Authority of Ireland,

(o) the Health Insurance Authority,

(p) the National Transport Authority, or

(q) such other person as may be prescribed after consultation by the Minister with any other Minister of the Government appearing to the Minister to be concerned.

(2) Notwithstanding any other law, information which, in the opinion of any body or person referred to in paragraphs (a) to (q) of subsection (1), may relate to the commission of an offence under any of the relevant statutory provisions, may be disclosed by that body or person to the Commission, a member of the Commission, member of the staff of the Commission or an authorised officer.

25. Prohibition on unauthorised disclosure of confidential information

25. F9[(1) A person shall not, unless authorised by the competent authority, or by a member of the staff of the competent authority duly authorised in that behalf so to do, or required by law, disclose confidential information obtained by him or her in his or her capacity, or while performing duties as—

(a) a member of the competent authority,

(b) a member of the staff of the competent authority,

(d) a person engaged by the competent authority in any other capacity, or

(e) an adjudication officer appointed under the Act of 2002.

(2)Subsection (1)shall not apply to—

(a) a communication made by a member of the competent authority, a member of the staff of the competent authority, an authorised officer, or an adjudication officer in the performance of any of his or her functions under this Act, being a communication the making of which was necessary for the performance by the member, member of the staff of the competent authority, authorised officer or adjudication officer of any such function, or

(b) the disclosure by a member of the competent authority, a member of the staff of the competent authority, an authorised officer or an adjudication officer to any person or body mentioned inparagraphs (a)to(q)ofsection 24(1)of information which, in the opinion of the member, member of the staff of the competent authority, authorised officer or adjudication officer, may relate to the commission of an offence (whether an offence under this Act or not).]

(3) A person who contravenes subsection (1) commits an offence and shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both.

(4) Nothing in subsection (1) shall prevent the disclosure of information by means of a report made—

(a) to the F9[competent authority], or

F9[(b) by or on behalf of a competent authority to another competent authority or to the Minister.]

(5) In this section “confidential information” includes—

(a) information that is expressed by the F9[competent authority] to be confidential either as regards particular information or as regards information of a particular class or description, and

(b) proposals of a commercial nature or tenders submitted to the F9[competent authority] by contractors, consultants or any other person.

F10[(6) Nothing in this section shall prevent the disclosure by a person of material in accordance with section 15AX of the Act of 2002.

(7) In this section, "competent authority" has the meaning it has in the Act of 2002.]

25A. F11[Professional secrecy under Digital Services Regulation

25A.(1) Notwithstandingsection 25and without prejudice to the exchange and use of information referred to in Chapter IV of the Digital Services Regulation, an authorised officer, a member of staff of the Commission, a member of the Commission, a person engaged by the Commission in any other capacity or any other person involved shall not contravene Article 84 of the Regulation.

(2) A person who, without reasonable excuse, contravenessubsection (1)shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both.

(3) In this section, "Digital Services Regulation" means Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022^5on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act).]

26. Accountability of chairperson to Committee of Public Accounts

26. (1) The chairperson of the Commission shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee in relation to—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Commission is required by this Act to prepare,

(b) the economy and efficiency of the Commission in the use of its resources,

(c) the systems, procedures and practices employed by the Commission for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Commission referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

(2) In the performance of his or her duties under this section, the chairperson of the Commission shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

27. Accountability of chairperson to other Oireachtas Committees

F12[27.(1) Subject tosubsection (2), the chairperson of the Commission or a member of the Commission shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Commission.

(2) The chairperson of the Commission or a member of the Commission shall not be required to give account before a Committee in relation to—

(a) any matter which is or has been, or which the Commission has reason to think may in the future be, the subject of proceedings before an adjudication officer or before a court or tribunal in the State,

(b) any matter specified inparagraphs (a)to(d)ofsection 10(7),

(d) the powers and functions of adjudication officers.

(3) Where the chairperson or a member of the Commission is of the opinion that a matter in respect of which he or she is requested to give an account before a committee is a matter to whichsubsection (2)applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the committee at a time when he or she is before it, the information shall be so conveyed in writing.

(4) Where a chairperson or member of the Commission has informed a Committee of his or her opinion in accordance withsubsection (3)and the Committee does not withdraw the requirement referred to insubsection (2)in so far as it relates to a matter the subject of that opinion—

(a) the chairperson or member may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to whichsubsection (2)applies, or

(b) the Chairperson of the Committee may, on behalf of the Committee, make such an application,

and the High Court shall determine the matter.

(5) Pending the determination of an application undersubsection (4), the chairperson or member of the Commission shall not attend before the Committee to give account for the matter the subject of the application.

(6) If the High Court determines thatsubsection (2)applies to the matter concerned, the Committee shall withdraw the requirement referred to insubsection (2), but if the High Court determines thatsubsection (2)does not apply, the chairperson or member of the Commission shall attend before the Committee and give account for the matter.

(7) In the performance of his or her duties under this section, the chairperson of the Commission or a member of the Commission shall not question or express an opinion on—

(a) the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy, or

(b) the carrying out of the functions of an adjudication officer.

(8) In this section—

“adjudication officer”means an adjudication officer appointed in respect of the Commission in accordance with the Act of 2002;

“Committee”means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to insection 26or the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a sub-Committee of such a Committee.]

28. Staff

28. (1) The Commission may, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the Commission as it may from time to time determine.

(2) The terms and conditions of service of a member of the staff of the Commission shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, be such as may be determined from time to time by the Commission.

(3) There shall be paid by the Commission to the members of its staff such remuneration and allowances as, from time to time, the Commission, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, determines.

29. Superannuation

29. (1) Subject to subsection (2), as soon as may be after the establishment day, the Commission shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of—

(a) persons who were accepted into its employment in accordance with section 40, and

(b) such other persons as it considers appropriate, including—

(i) the person referred to in paragraph (b) of section 12(1), and

(ii) persons who elect to become members of the staff of the Commission pursuant to section 24G (inserted by section 76) of the Act of 2007.

(2) A scheme prepared and submitted under this section shall not provide for the granting of superannuation benefits to or in respect of any person referred to in subsection (1) where the Single Public Service Pension Scheme applies to that person by virtue of Chapter 2 of Part 2 of the Act of 2012.

(3) Every scheme prepared and submitted under this section shall fix the time and conditions of retirement for all persons to, or in respect of whom, superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(4) The Commission may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section.

(5) A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Public Expenditure and Reform, be carried out by the Commission in accordance with its terms.

(6) (a) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit pursuant to a scheme under this section, such dispute shall be submitted to such person and determined in such manner as may be specified in the scheme.

(b) A scheme under this section shall make provision for an appeal from a determination of a person referred to in paragraph (a) to such other person as may be specified in the scheme.

(7) A superannuation benefit shall not be granted by the Commission to or in respect of any persons who are members of a scheme under this section and no other arrangement shall be entered into for the provision of any superannuation benefit to such persons on their ceasing to hold office, other than in accordance with such scheme or schemes submitted and approved under this section or an arrangement approved by the Minister and the Minister for Public Expenditure and Reform.

(8) (a) Subject to subsection (12), and save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a scheme under this section shall, as respects a person referred to in paragraph (a) of subsection (1), provide for the granting to or in respect of him or her of superannuation benefits upon and subject to such terms and conditions as are not less favourable and not more favourable to him or her than the terms and conditions in relation to the grant of such benefits that applied to him or her immediately before the establishment day.

(b) Any period of service by a person as a member of the staff of a dissolved body which was a period of reckonable service for the purposes of a scheme for the granting of superannuation benefits to or in respect of members of the staff of the dissolved body shall be regarded as a period of reckonable service for the purposes of any scheme under this section.

(9) Subject to subsection (12), where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was accepted into the employment of the Commission in accordance with section 40 to whom the Single Public Service Pension Scheme does not apply by virtue of Chapter 2 of Part 2 of the Act of 2012, the benefit shall be calculated and paid by the Commission in accordance with such schemes, arrangements or enactments in relation to superannuation, as applied to the person immediately before the establishment day and, for that purpose, his or her pensionable service with the Commission shall be aggregated with his or her previous pensionable service.

(10) Subject to subsection (12), every scheme or arrangement in relation to superannuation administered by a dissolved body immediately prior to the establishment day shall—

(a) on and after the establishment day, and

(b) only in so far as the schemes or arrangements concerned relate to former members of the staff (other than those to whom subsection (1) or (2) refers) of the dissolved bodies, including those who are deceased,

continue in force as if made by the Commission.

(11) Subject to subsection (12), and notwithstanding the repeal of section 44 of the Act of 2002 by section 7(1)(c), a scheme made under paragraph 5 of the Schedule to the Competition Act 1991 continued in force by subsection (7) of the said section 44, and in force immediately before the establishment day, shall continue in force on and after that day.

(12) Paragraph (a) of subsection (8) and subsections (9), (10) and (11) shall not apply in relation to a provision of a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained.

(13) The Minister shall cause every scheme submitted and approved under this section to be laid before each House of the Oireachtas as soon as may be after it is approved, and if either such House, within the next 21 days on which that House sits after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done thereunder.

(14) In this section—

“Act of 2012” means the Public Service Pensions (Single Scheme and Other Provisions) Act 2012;

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.

30. Strategy statement and work programme

30. (1) The Commission shall, as soon as practicable after the commencement of this section, and thereafter not earlier than 6 months before and not later than the expiration of each subsequent period of 3 years following that commencement, prepare and submit to the Minister a strategy statement in respect of the period of 3 years immediately following the year in which the strategy statement is so submitted.

(2) The Minister shall, as soon as practicable after a strategy statement has been submitted to him or her under subsection (1), cause a copy of it to be laid before each House of the Oireachtas.

(3) The Commission shall ensure that, as soon as practicable after copies of a strategy statement are laid before both Houses of the Oireachtas in accordance with subsection (2), the strategy statement is published on the internet.

(4) When preparing a strategy statement, the Commission may consult such persons as it considers appropriate.

(5) The Commission shall prepare and submit to the Minister, at least 2 months before the commencement of each financial year, a work programme relating to the discharge of its functions, including—

(a) having regard to the strategy statement, the objectives of the Commission for that year and its strategy for achieving those objectives,

(b) the priorities of the Commission for that year, having regard to those objectives and its available resources, and

(c) any other matters that the Minister may from time to time specify when issuing directions or guidelines under subsection (6) .

(6) The Minister may, from time to time, issue directions or guidelines to the Commission concerning the preparation of the work programme and the Commission shall comply with those directions and prepare the work programme in accordance with those guidelines.

(7) In this section “strategy statement” means a statement that—

(a) specifies the key objectives, outputs and related strategies, including use of resources, of the Commission,

(b) except for the first strategy statement, includes a review of the outcomes and effectiveness of the preceding strategy statement,

(d) is prepared in a form and manner that is in accordance with any directions issued from time to time by the Minister.

31. Accounts of Commission

31. (1) The Commission shall—

(a) submit estimates of income and expenditure to the Minister in such form, in respect of such periods and at such times as may be required by the Minister, and

(b) furnish to the Minister any information which the Minister may require in relation to such estimates, including proposals and future plans relating to the performance by the Commission of its functions.

(2) The Commission shall keep in such form as may be approved by the Minister with the consent of the Minister for Public Expenditure and Reform all proper and usual accounts of all money received or expended by it and, in particular, shall keep in such form as aforesaid all such special accounts as the Minister may, with the consent of the Minister for Public Expenditure and Reform, from time to time direct.

(3) The Commission shall, whenever so requested by the Minister, permit any person appointed by the Minister to examine the books or other records of account of the Commission in respect of any financial year or other period and shall facilitate any such examination, and the Commission shall pay such fee for the examination as may be fixed by the Minister.

(4) Accounts kept in accordance with this section shall be submitted, not later than 1 April in the year immediately following the financial year to which they relate or on such earlier date as the Minister may, from time to time specify, to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the accounts, and of such other (if any) accounts as the Minister, after consultation with the Minister for Public Expenditure and Reform, may direct and a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall, as soon as may be after they are so presented, cause copies thereof to be laid before each House of the Oireachtas.

32. Reporting by Commission

32. (1) The Commission shall not later than 30 June in each year prepare and submit to the Minister a report on its activities in the immediately preceding year (in this section referred to as the “annual report”), and the Minister shall, as soon as may be after receiving the annual report, cause copies of the annual report to be laid before each House of the Oireachtas.

(2) An annual report shall include information in such form and regarding such matters as the Minister may direct but nothing in this subsection shall be construed as requiring the Commission to include information the inclusion of which would, in the opinion of the Commission, be likely to prejudice the performance of its functions.

(3) The Commission may from time to time furnish to the Minister such information about the performance of its functions as it considers appropriate and shall furnish the Minister with advice on any matter relating to those functions, as the Minister may from time to time request (other than information the provision of which would, in the opinion of the Commission, be likely to prejudice the performance of its functions).

(4) The Commission shall arrange for an annual report that has been laid before each House of the Oireachtas in accordance with subsection (1) to be published on the internet as soon as practicable after copies of the report are so laid.

33. Saving for legal privilege

33. (1) Subject to subsection (2), nothing in this Act, the Act of 2002 or the Act of 2007 shall compel the disclosure by any person of privileged legal material or authorise the taking of privileged legal material.

(2) The disclosure of information may be compelled, or possession of it taken, pursuant to this Act, notwithstanding that it is apprehended that the information is privileged legal material provided that the compelling of its disclosure or the taking of its possession is done by means whereby the confidentiality of the information can be maintained (as against the person compelling such disclosure or taking such possession) pending the determination by F13[the High Court or, in respect of proceedings under Parts 2C, 2D and 2G of the Act of 2002, an adjudication officer appointed under the Act of 2002] of the issue as to whether the information is privileged legal material.

(3) Without prejudice to subsection (4), where, in the circumstances referred to in subsection (2), information has been disclosed or taken possession of pursuant to this Act, the person—

(a) to whom such information has been so disclosed, or

(b) who has taken possession of it,

shall (unless the person has, within the period subsequently mentioned in this subsection, been served with notice of an application under subsection (4) in relation to the matter concerned) apply to F13[the High Court or, in respect of proceedings under Parts 2C, 2D and 2G of the Act of 2002, an adjudication officer appointed under the Act of 2002] for a determination as to whether the information is privileged legal material and an application under this section shall be made within 30 days after the disclosure or the taking of possession.

(4) A person who, in the circumstances referred to in subsection (2), is compelled to disclose information, or from whose possession information is taken, pursuant to this Act, may apply to F13[the High Court or, in respect of proceedings under Parts 2C, 2D and 2G of the Act of 2002, an adjudication officer appointed under the Act of 2002] for a determination as to whether the information is privileged legal material.

(5) Pending the making of a final determination of an application under subsection (3) or (4), F13[the High Court or, in respect of proceedings under Parts 2C, 2D and 2G of the Act of 2002, an adjudication officer appointed under the Act of 2002] may give such interim or interlocutory directions as F13[the court, or the adjudication officer as the case may be,] considers appropriate including, without prejudice to the generality of the foregoing, directions as to—

(a) the preservation of the information, in whole or in part, in a safe and secure place in any manner specified by F13[the court, or the adjudication officer as the case may be,]

(b) the appointment of a person with suitable legal qualifications possessing the level of experience, and the independence from any interest falling to be determined between the parties concerned, that F13[the court, or the adjudication officer as the case may be,] considers to be appropriate for the purpose of—

(i) examining the information, and

(ii) preparing a report for F13[the court, or the adjudication officer as the case may be,] with a view to assisting or facilitating F13[the court, or the adjudication officer as the case may be,] in the making by F13[the court, or the adjudication officer as the case may be,] of its determination as to whether the information is privileged legal material.

(6) An application under subsection (3), (4) or (5) shall be by motion and may, if F13[the High Court or, in respect of proceedings under Parts 2C, 2D and 2G of the Act of 2002, an adjudication officer appointed under the Act of 2002] directs, be heard otherwise than in public.

(7) In this section—

“computer” includes a personal organiser or any other electronic means of information storage or retrieval;

“information” means information contained in a book, document or record, a computer or otherwise;

“privileged legal material” means information which, in the opinion of the court, a person is entitled to refuse to produce on the grounds of legal professional privilege.

Chapter 2

34. Definitions

34. In this Chapter—

“activity” includes any activity in connection with the business of supplying or distributing goods or providing a service, or in connection with the organisation or assistance of persons engaged in any such business;

“place” has the same meaning as it has in section 29 (inserted by section 1 of the Criminal Justice (Search Warrants) Act 2012) of the Offences Against the State Act 1939;

F14[“records”includes, in addition to records in writing—

(a) discs, tapes, sound-tracks or other devices in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,

(b) films, tapes or other devices in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form,

(d) any form of data or digital communications,

and a reference to a copy of records includes, in the case of records falling withinparagraph (a)only, a transcript of the sounds or signals embodied therein, in the case of records falling withinparagraph (b), a still reproduction of the images embodied therein and, in the case of records falling within both of those paragraphs, such a transcript and such a still reproduction;]

“tape” includes—

(a) a disc, magnetic tape, soundtrack or other device in which sounds or signals may be embodied for the purpose of being reproduced (with or without the aid of some other instrument) in audible form, and

(b) a film, disc, magnetic tape or other device in which visual images may be embodied for the purpose of being reproduced (with or without the aid of some other instrument) in visual form.

35. Appointment of authorised officers

35. (1) The Commission may appoint in writing such and so many persons, including members of the staff of the Commission, to be authorised officers for the purposes of all or any of the relevant statutory provisions and such appointment may be specified to be for a fixed period.

(2) An authorised officer appointed under—

(a) section 30 of the Act of 2007, or

(b) section 45 of the Act of 2002,

and holding office immediately before the establishment day shall, on and after that day, be deemed to have been appointed under this section.

(3) Every authorised officer appointed under this section shall be furnished with a warrant of appointment which shall be issued by the Commission, and shall, when exercising any power conferred on him or her by any of the relevant statutory provisions if requested by a person affected, produce the warrant of appointment or copy of it to that person.

(4) An appointment under this section shall cease—

(a) if the Commission revokes the appointment,

(b) if the appointment is for a fixed period, on the expiry of that period, or

(c) if the person appointed is a member of staff of the Commission, when that person ceases to be a member of staff of the Commission.

(5) An authorised officer, when exercising any powers conferred on an authorised officer by this Act, may be accompanied by such other authorised officers or members of An Garda Síochána or both as he or she considers necessary.

(6) For the avoidance of doubt, nothing in subsection (5) affects the exercise by an authorised officer who is a member of An Garda Síochána of any power, which apart from that subsection, he or she could exercise by virtue of subsection (1) of section 36 or subsection (1) of section 37 or otherwise.

(7) A person who falsely represents himself or herself as an authorised officer shall be guilty of an offence and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(8) A person who—

(a) obstructs or impedes an authorised officer in the exercise of a power under section 36 or 37,

(b) without reasonable excuse, fails to comply with a request or requirement of an authorised officer under section 36 or 37, or

(c) in purported compliance with such a request or requirement gives information that is false or misleading in a material respect,

shall be guilty of an offence.

(9) A person guilty of an offence under subsection (8) shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 3 years, or both.

(10) Where a member of An Garda Síochána is of the opinion that an offence under subsection (8)(a) is being or has been committed, then the member may arrest that person without warrant.

(11) In proceedings by way of summons for an offence under any of the relevant statutory provisions in which the prosecutor is the Director of Public Prosecutions or the Commission, a document within the meaning of section 7(1) of the Courts Act 1964 may be served by an authorised officer.

(12) In—

(a) an action under section 14A or 15C of the Act of 2002,

(b) an investigation under Chapter 5 (inserted by section 83) of Part 3 of the Act of 2007, or

the production to the court of a document purporting to be a warrant or other document whereby the Commission appointed, on a specified date, a person under this section to be an authorised officer for the purposes of this Act shall, without proof of any signature on it or that the signatory was the proper person to sign it, be sufficient evidence, until the contrary is proved, that the first-mentioned person is or, as the case may be, was at all material times (but not earlier than the date aforesaid) a person appointed under this section to be an authorised officer for the purposes of this Act.

36. Powers of authorised officers for purposes of enforcing relevant statutory provisions (other than Act of 2002)

36. (1) An authorised officer may, for the purpose of enforcing any of the relevant statutory provisions (other than the Act of 2002)—

(a) at all reasonable times enter any place at which there are reasonable grounds to believe that any trade or business or any activity in connection with a trade or business is being, or has been, carried on, or that books, documents or records in relation to that trade, business or activity are kept, and search and inspect the place and any books, documents or records that are at that place,

(b) secure for later inspection any, or any part of any place at which such books, documents or records are kept or there are reasonable grounds for believing that such books, documents or records are kept,

(c) remove and retain any books, documents or records relating to a trade, business or activity for such periods as may be reasonable for further examination and take any other steps which appear to the authorised officer to be necessary for preserving, or preventing interference with, such books, documents or records, subject to a warrant being issued for such purposes by a judge of the District Court,

(d) require any person who carries on a trade, business or activity and any person employed in connection therewith to—

(i) give to the authorised officer his or her name, home address and occupation, and

(ii) provide to the authorised officer any books, documents or records relating to that activity which are in that person’s power or control, and to give to the officer such information as he or she may reasonably require in regard to any entries in such books, documents or records, and where such books, documents or records are kept in a non-legible form to reproduce them in a legible form,

(e) inspect and take copies of or extracts from any such books, documents or records at the place including in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form,

(f) require any person mentioned in paragraph (d) to give to the authorised officer any information which the authorised officer may reasonably require in regard to such trade, business or activity or in respect of the persons carrying on such trade, business or activity or employed in connection with such trade, business or activity, (including in particular, in the case of an unincorporated body of persons, information in regard to the membership thereof and its committee of management or other controlling authority),

(g) require any such person to give to the authorised officer any other information which the authorised officer may reasonably require in respect of such trade, business or activity,

(h) require any person by or on whose behalf data equipment is or has been used or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the authorised officer all reasonable assistance in relation to it and assist in the retrieval of information connected with the operation of such data equipment, apparatus or material,

(i) summon, at any reasonable time, any other person employed in connection with such trade, business or activity to give to the authorised officer any information which the authorised officer may reasonably require in relation to such trade, business or activity and to produce to the authorised officer any books, documents or records which are in the control of that other person.

(2) An authorised officer may at all reasonable times for the purpose of enforcing any of the relevant statutory provisions (other than the Act of 2002) enter any place at which there are reasonable grounds to believe that any trade or business or any activity in connection with a trade or business is, or has been, carried on and inspect any goods at the place and may—

(a) on paying or making tender of payment therefor, take any of the goods, or

(b) confirm by such other method as appropriate the price at which the goods are on offer or any other information relating to the goods for the purpose of an investigation.

(3) An authorised officer shall not in the exercise of his or her powers under this section, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under subsection (4) authorising such entry.

(4) (a) Without prejudice to the powers conferred on an authorised officer by or under any provision of this section, an authorised officer may, for the purposes of an investigation into an offence under any of the relevant statutory provisions (other than the Act of 2002) apply to a judge of the District Court for a warrant in relation to any place.

(b) On an application being made under this subsection, if a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of an offence under any of the relevant statutory provisions (other than the Act of 2002) is to be found in any place, the judge may issue a warrant authorising an authorised officer (accompanied by such other authorised officers or members of An Garda Síochána or both as provided for in subsection (5) of section 35) at any time or times within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter and search that place using reasonable force where necessary, and exercise all or any of the powers conferred on an authorised officer under this section.

(5) Where an advertisement in relation to the supply or provision of any product is published and does not include the name and address of the person who procured such publication or his or her agent, the publisher of the advertisement shall, if the Commission or an authorised officer so requests within 12 months of the publication of the advertisement, give to the Commission or the authorised officer, the name and address of such person or his or her agent.

(6) A person who fails to comply with a request under subsection (5) or, in purported compliance with such a request, gives information that is false or misleading in a material respect, shall be guilty of an offence and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(7) In this section “advertisement” has the same meaning as it has in the Act of 2007.

37. Powers of authorised officers in relation to investigations under Act of 2002

37. F15[(1) For the purpose of—

(a) obtaining any information which may be required in relation to a matter under investigation under the Act of 2002 or Article 101 or 102 of the Treaty on the Functioning of the European Union,

(b) carrying out any inspection or other fact-finding measure on behalf and for the account of a competition authority of another Member State in accordance with Article 22(1) of the Regulation of 2003,

(c) undertaking inspections considered necessary by, or ordered by, the European Commission with which the Commission has been requested to assist in accordance with Article 22(2) of the Regulation of 2003, or

(d) assisting the European Commission with an inspection conducted by the European Commission in accordance with Article 20 or 21 of the Regulation of 2003,

an authorised officer may, on production of a warrant issued undersubsection (3)or(3A)authorising him or her to exercise one or more specified powers undersubsection (2), exercise that power or those powers,]

(2) The powers mentioned in subsection (1) are the following:

F15[(a) to enter, if necessary by reasonable force, and search—

(i) any place at which, or any vehicle with which, any activity in connection with the business of supplying or distributing goods or providing a service, or in connection with the organisation or assistance of persons engaged in any such business, is carried on, or

(ii) any place at which books, documents or records relating to the carrying on of a business referred to insubparagraph (i)are being kept,

including, but not limited to, any place occupied by a director, manager or any member of staff of an undertaking that carries on an activity or of an association of undertakings that carry on activities;]

(b) to enter, if necessary by reasonable force, and search any place occupied by a director, manager or any member of staff of an undertaking that carries on an activity or of an association of undertakings that carry on activities, being, in either case, a place in respect of which there are reasonable grounds to believe books, documents or records relating to the carrying on of that activity or those activities are being kept in it;

F15[(c) to seize and retain any books, documents, records, computers or any other storage medium in which any record is kept relating to an activity found at anyplace referred to inparagraph (a)or(b)and take any other steps which appear to the officer to be necessary for preserving, or preventing interference with, such books, documents, records, computers or media including—

(i) taking or obtaining, in any form, copies of or extracts from such books, documents or records, and

(ii) continuing, at any time, to search books, documents or records so seized, or any copies made thereof or extracts taken therefrom, at a premises other than the premises so entered;]

(d) to require any person who carries on an activity referred to in paragraph (a) and any person employed in connection therewith to—

(i) give to the authorised officer his or her name, home address and occupation, and

(e) to inspect and take copies of or extracts from any such books, documents or records, including in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form;

(f) to require a person mentioned in paragraph (d) to give to the authorised officer any information he or she may require in regard to the persons carrying on the activity referred to in paragraph (a) (including in particular, in the case of an unincorporated body of persons, information in regard to the membership thereof and its committee of management or other controlling authority) or employed in connection therewith;

(g) to require a person mentioned in paragraph (d) to give to the authorised officer any other information which the officer may reasonably require in regard to the activity referred to in F15[paragraph (a);]

F16[(h) to require any person who appears to the authorised officer to be in a position to facilitate access to documents or records stored in any data equipment or computer, or which can be accessed by the use of that data equipment or computer, to give the authorised officer all reasonable assistance in relation to the operation of the data equipment or computer or access to the records stored in it, including by—

(i) providing the documents or records to the authorised officer in a form in which they can be taken and in which they are, or can be made, legible and comprehensible,

(ii) giving to the authorised officer any password necessary to make the documents or records concerned legible and comprehensible, or

(iii) otherwise enabling the authorised officer to examine the documents or records in a form in which they are legible and comprehensible;

(i) where the authorised officer considers it necessary to do so in order to preserve for inspection records, documents or any other matter, to secure, for later inspection, and for such period as may reasonably be necessary for the purposes of the exercise of the authorised officer’s powers under this section—

(i) documents or records accessed or found during a search under this section,and any data equipment, including any computer, in which those documents or records may be held, and

(ii) a place entered pursuant to this section, or any part of such place.]

(3) F15[Subject tosubsection (3A), if a judge] of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of F15[an offence under the Act of 2002, or an infringement, whether or not the infringement is criminal in nature, of relevant competition law, within the meaning of the Act of 2002,] is to be found in any place, the judge may issue a warrant authorising an authorised officer (accompanied by such other authorised officers or members of An Garda Síochána or both as provided for in subsection (5) of section 35) at any time or times within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter and search the place using reasonable force where necessary, and exercise all or any of the powers conferred on an authorised officer under this section.

F16[(3A) Where an authorised officer provides information on oath to a judge of the District Court for the purpose of a warrant being issued in relation to an inspection referred to insubsection (1)(d)—

(a) the information on oath so provided shall include—

(i) a statement to the effect that the information on oath is being provided in relation to an inspection referred to insubsection (1)(d), and

(ii) sufficient information to allow the judge of the District Court to discharge his or her functions under the Regulation of 2003,

(b) before issuing the warrant, the judge of the District Court shall—

(i) where the warrant would, if issued, authorise the authorised officer to exercise powers undersubsection (2)in relation to any place or land other than that referred to insubparagraph (ii), including the home or private vehicle of a director, manager or any member of staff of an undertaking, have regard to the matters referred to in Article 21(3) of the Regulation of2003, and

(ii) where the warrant would, if issued, authorise the authorised officer to exercise powers undersubsection (2)in relation to any place or land of an undertaking or association of undertakings, have regard to the matters referred to in Article 20(8) of the Regulation of 2003,

and

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