Competition and Consumer Protection Act 2014

75. Section 2 of the Act of 2007 is amended—

(a) by substituting the following definition for the definition of “authorised officer”:

“ ‘authorised officer’ has the same meaning as it has in the Competition and Consumer Protection Act 2014;”,

(b) by substituting the following definition for the definition of “consumer”:

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

(c) in the definition of “goods” by substituting the following paragraph for paragraph (e):

“(e) computer software, including content stored in a digital format or content stored electronically in a format which is not digital;”,

(d) by inserting the following definition:

“ ‘relevant statutory instruments’ means the statutory instruments for the time being in force specified in Schedule 9;”,

(e) in the definition of “relevant statutory provisions”—

(i) by inserting the following paragraph after paragraph (a):

“(aa) relevant statutory instruments;”,

(ii) by substituting “(j) the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013);” for “(i) the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013);”, and

(iii) by inserting the following paragraph after paragraph (j):

“(k) the European Union (Consumer Information, Cancellation and Other Rights) (Amendment) Regulations 2014 (S.I. No. 250 of 2014).”,

(f) by substituting the following definition for the definition of “transactional decision”:

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

(a) purchase the product;

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

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

(d) dispose of the product;

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

76. Amendment of Part 2 of Act of 2007

76. Chapter 1 of Part 2 of the Act of 2007 is amended by inserting the following sections after section 24E:

“Arrangements in relation to the collection of information relevant to levy collection

24F. (1) The Commission may, for the purpose of obtaining any information which may be required in relation to the calculation of levies to be imposed under section 24B require persons who are subject to such levies to provide the Commission within such reasonable period as the Commission may determine, with such information as the Commission may reasonably require in relation to the calculation of the amounts of the said levies.

(2) A person who—

(a) without reasonable excuse, fails to comply with a requirement under this section, or

(b) in purported compliance with such a requirement provides information that he or she knows to be false or misleading in a material respect,

commits an offence and is liable on summary conviction to the fines and penalties provided in section 79.

Arrangements for the secondment of certain employees

24G. (1) In this section—

‘Bank’ means the Central Bank of Ireland;

‘secondee’ means an employee seconded from the Bank to the Commission under the arrangements referred to in subsection (2).

(2) The Bank and the Commission may make arrangements for the secondment of employees from the Bank to the Commission for the purpose of carrying out the functions specified in section 10(3)(j) of the Competition and Consumer Protection Act 2014.

(3) The length of any secondment period or extension to an existing secondment period shall be agreed by the chairperson of the Commission, the Governor of the Bank and the employee of the Bank.

(4) Subject to subsection (6), a secondee may not later than 2 years after the establishment day elect to become a member of the staff of the Commission.

(5) A secondee may continue on secondment to the Commission for as long as the chairperson of the Commission and the Governor of the Bank consent. A secondee who continues on secondment without electing to become a member of staff of the Commission continues to be an employee of the Bank and his or her terms of employment (including any term conferring a right to an increase in remuneration) continue to be those applicable to his or her employment by the Bank.

(6) An election under subsection (4) to become a member of staff of the Commission is subject to the consent of—

(i) the chairperson of the Commission,

(ii) the Governor of the Bank,

(iii) the Minister for Public Expenditure and Reform, and

(iv) the Minister for Jobs, Enterprise and Innovation,

and shall take effect immediately after the latest of those consents is given.

(7) If a secondee elects to become a member of staff of the Commission, the terms and conditions relating to remuneration by the Commission at the time the election takes effect shall not be less favourable than the terms and conditions relating to remuneration at the time of his or her employment by the Bank (subject to any provision in any enactment).

(8) If a person’s employment is transferred under this section, the person’s previous service with the Bank is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts:

(a) the Redundancy Payments Acts 1967 to 2012;

(b) the Protection of Employees (Part-Time Work) Act 2001;

(c) the Protection of Employees (Fixed-Term Work) Act 2003;

(d) the Organisation of Working Time Act 1997;

(e) the Terms of Employment (Information) Acts 1994 to 2012;

(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(g) the Unfair Dismissals Acts 1977 to 2007;

(h) the Maternity Protection Acts 1994 and 2004;

(i) the Parental Leave Acts 1998 and 2006;

(j) the Adoptive Leave Acts 1995 and 2005;

(k) the Carer’s Leave Act 2001.”

77. Amendment of section 55 of Act of 2007

77. Section 55 of the Act of 2007 is amended—

(a) in subsection (1) by substituting the following paragraph for paragraph (o):

“(o) undertaking to provide after-sales service to consumers with whom the trader has communicated prior to a transaction in a language which is not an official language of the relevant State in which the trader is located and then making such service available only in another language without clearly disclosing this to the consumer before the consumer is committed to the transaction;”,

and

(b) by deleting subsection (2).

78. Amendment of section 83 of Act of 2007

78. Section 83 of the Act of 2007 is amended—

(a) in subsection (1) by substituting “If a person is charged with an offence under section 65(2) of this Act” for “If a person is indicted for an offence under this Act,”, and

(b) by deleting subsection (4).

79. Amendment of section 87 of Act of 2007

79. Section 87 of the Act of 2007 is amended—

(a) in subsection (1), by deleting “and in good faith”, and

(b) in subsection (3), by deleting “and in good faith”.

80. Amendment of section 90 of Act of 2007

80. Section 90 of the Act of 2007 is amended in paragraph (c) of subsection (1) by substituting “section 10(3)(i) of the Competition and Consumer Protection Act 2014” for “section 8(2)(m)”.

81. Insertion of Schedule 9 to Act of 2007

81. The Act of 2007 is amended by inserting the following Schedule after Schedule 8:

“SCHEDULE 9

Section 2

Relevant Statutory Instrument

”.

82. Miscellaneous consequential amendments to Act of 2007

82. The Act of 2007 is amended—

(a) in section 24A, by substituting “ section 10(3)(j) of the Competition and Consumer Protection Act 2014” for “section 8(3)(ha)”,

(b) in subsection (2) of section 24B, by substituting “section 10(3)(j) of the Competition and Consumer Protection Act 2014” for “section 8(3)(ha)”, and

(c) in subsections (1) and (2) of section 24C by substituting “section 10(3)(j) of the Competition and Consumer Protection Act 2014” for “section 8(3)(ha)” in each place where it occurs.

PART 6 Grocery Goods

83. Grocery goods undertakings

83. The Act of 2007 is amended in Part 3 by inserting the following Chapter after Chapter 4:

“Chapter 5

Grocery Goods Undertakings

Interpretation

63A. In this Chapter—

‘allowance’ includes any discount, rebate, price concession or other advantage that is collateral to a sale or purchase of grocery goods but is not applied directly to the selling or purchase price;

‘contravention notice’ has the meaning assigned to it by section 63D;

‘grocery goods’ means—

(a) any food or drink that is intended to be sold for human consumption and includes—

(i) any substance or thing sold or represented for use as food or drink for human consumption,

(ii) any substance or thing sold or represented for use as an additive, ingredient or processing aid in the preparation or production of food or drink for human consumption, and that is intended to be sold by a retailer as such an additive, ingredient or processing aid, and

(iii) intoxicating liquors,

but does not include food or drink served or supplied on the premises of a grocery goods undertaking in the course of providing catering, restaurant or take-away services or any similar hospitality services, or intoxicating liquor served or supplied for consumption on the premises of a grocery goods undertaking,

(b) household cleaning products,

(c) toiletries, and

(d) garden plants and garden plant bulbs;

‘grocery goods undertaking’ means an undertaking that is engaged for gain in the production, supply, distribution, wholesale or retail of grocery goods, whether or not the undertaking is engaged in the direct sale of those goods to the public;

‘marketing costs’ means costs relating to the marketing of grocery goods, including costs relating to—

(a) visits to a supplier by employees or representatives of a retailer or wholesaler directly involved in the purchase of grocery goods,

(b) artwork or packaging design,

(c) consumer or marketing research,

(d) marketing consequent upon or related to the opening or refurbishment of a retail or wholesale premises, and

(e) hospitality for the staff or representatives of a retailer or wholesaler,

in relation to the goods concerned;

‘payment’ means any compensation, consideration, allowance or inducement in any form (monetary or otherwise) and includes more favourable contractual terms;

‘promotion’ means an offer for sale at an introductory or a reduced retail price or with some other benefit to consumers that is intended to subsist for a specified period;

‘relevant grocery goods undertaking’ means a grocery goods undertaking engaged in the production, supply, distribution, wholesale or retail of grocery goods in the State, that has, or is a member of a group of related undertakings that has, an annual worldwide turnover of more than €50 million;

‘related undertaking’, in relation to a person (the first-mentioned person), means—

(a) if the first-mentioned person is a company, another company that is related within the meaning of section 140(5) of the Companies Act 1990,

(b) a partnership of which the first-mentioned person is a member,

(c) if the businesses of the first-mentioned person and another person have been so carried on that the separate business of each of them, or a substantial part thereof, is not readily identifiable, that other person,

(d) if the decision as to how and by whom the businesses of the first- mentioned person and another person shall be managed can be made either by the same person or by the same group of persons acting in concert, that other person,

(e) a person who performs a specific and limited purpose by or in connection with the business of the first-mentioned person, or

(f) if provision is required to be made for the first-mentioned person and another person in any consolidated accounts compiled in accordance with the Seventh Council Directive 83/349/EEC of 13 June 1983^2, that other person;

‘retailer’ means a grocery goods undertaking that offers for sale, sells or resells grocery goods directly, or indirectly through franchise arrangements, to the public in the State;

‘shrinkage’ means losses that occur as a result of theft, loss or accounting error, after goods are delivered by a grocery goods undertaking to a retailer’s premises;

‘supplier’ means a grocery goods undertaking carrying on (or actively seeking to carry on) a business in the direct supply to any wholesaler or retailer of grocery goods for resale in the State, and includes any such undertaking whether located in the State or not;

‘wastage’ means grocery goods that become unfit for sale after their delivery by a grocery goods undertaking to a retailer or a wholesaler;

‘wholesaler’ means a grocery goods undertaking that purchases goods from a supplier for resale to a retailer.

Regulations in respect of grocery goods undertakings

63B. (1) Where the Minister considers it to be appropriate having regard to—

(a) the desirability of the promotion of competitive trade between grocery goods undertakings,

(b) the interests of consumers of grocery goods, in particular in relation to quality, value for money and access to choice,

(c) the importance of grocery goods undertakings conducting their trading relationships in good faith and in a fair, open and transparent manner,

(d) the importance of maintaining freedom of contract between grocery goods undertakings,

(e) the importance of providing grocery goods undertakings with reasonable certainty in respect of the risks and costs of trading,

(f) the economic importance to the State of the production, supply, distribution, wholesale and retail sectors in respect of grocery goods,

(g) the impact on the development and maintenance of strong, innovative, efficient and competitive production and supply bases in the grocery goods sector, and

(h) the impact on the development and maintenance of a competitive retail sector in respect of grocery goods,

he or she may, having consulted with the Commission and such other persons (including relevant grocery goods undertakings and other grocery goods undertakings) as he or she considers appropriate, make regulations in relation to particular aspects of the commercial relationships between relevant grocery goods undertakings and other grocery goods undertakings, in relation to the sale or supply of grocery goods.

(2) Notwithstanding the generality of subsection (1), regulations made under that subsection may—

(a) specify the form of contract to be entered into by a grocery goods undertaking for the sale or supply of grocery goods to, or the purchase or receipt of goods from, a relevant grocery goods undertaking,

(b) specify the ways in which a contract for the sale or supply of grocery goods referred to in paragraph (a) may be—

(i) varied,

(ii) terminated, or

(iii) renewed,

(c) specify the circumstances in which arrangements relating to the supply or delivery, including the frequency and timing in relation to the supply or delivery, of grocery goods may be varied,

(d) specify the manner in which certain terms and conditions are to be incorporated into contracts for the sale or supply of grocery goods referred to in paragraph (a), including terms and conditions in relation to—

(i) payment for grocery goods supplied to relevant grocery goods undertakings,

(ii) the ordering, supply, price, marketing and sale of goods on promotion and the duration of the promotion,

(iii) where a contract provides for payment arising from the negligence or fault of the supplier, the circumstances in which wastage that occurs at the premises of a relevant grocery goods undertaking is to be considered as due to the negligence or fault of the supplier, and

(iv) the circumstances and manner in which a relevant grocery goods undertaking may require a grocery goods undertaking to make any payment, either directly or indirectly, towards the resolution of a customer complaint,

(e) provide that a relevant grocery goods undertaking shall not enter into or renew any contract for the sale or supply of grocery goods referred to in paragraph (a) unless terms and conditions specified in regulations made under this section in relation to the following form part of the contract:

(i) the conditions under which a relevant grocery goods undertaking may, or may not, directly or indirectly require a supplier or retailer to obtain any goods or services from a third party from whom the relevant grocery goods undertaking receives payment for this arrangement;

(ii) the extent of the liability of a party to a contract for the sale or supply of grocery goods referred to in paragraph (a) for delays or failures in performance of the contract resulting from circumstances beyond the reasonable control of that party, and the actions that may or shall be taken by the parties to the contract in such circumstances,

(f) limit the circumstances in which a relevant grocery goods undertaking may seek payment from a grocery goods undertaking in respect of—

(i) shrinkage,

(ii) wastage, or

(iii) marketing costs,

(g) specify the circumstances in which a relevant grocery goods undertaking may, or may not, seek payment from a grocery goods undertaking for the purchase of grocery goods for resale by the relevant grocery goods undertaking from the grocery goods undertaking,

(h) provide for the manner in which forecasts for the supply of grocery goods are to be prepared and for the communication of the basis on which they are prepared,

(i) specify the circumstances in which a relevant grocery goods undertaking that is a retailer or wholesaler may, or may not, seek payment from a supplier to retain shelf space, or to secure better positioning on shelves, or an increase in the allocation of shelf space, for the grocery goods of that supplier,

(j) prohibit a relevant grocery goods undertaking from directly or indirectly compelling a grocery goods undertaking to make any payment or grant any allowance—

(i) in respect of a promotion of the grocery goods of a grocery goods undertaking in the premises of the relevant grocery goods undertaking,

(ii) for the advertising or display of the grocery goods of the grocery goods undertaking in the premises of the relevant grocery goods undertaking, or

(iii) to retain shelf space, or to secure better positioning on shelves, or an increase in the allocation of shelf space, for the grocery goods of that grocery goods undertaking,

(k) specify arrangements regarding promotions of grocery goods and related activities and the circumstances in which such arrangements shall be included in the contract for the sale or supply of grocery goods referred to in paragraph (a),

(l) provide for limitations on the obligation of grocery goods undertakings to participate in promotions by relevant grocery goods undertakings or similar activities in relation to grocery goods,

(m) prohibit a relevant grocery goods undertaking from requiring a grocery goods undertaking to obtain any goods or services from a third party from whom the relevant grocery goods undertaking receives payment for this arrangement,

(n) specify arrangements for the preparation by relevant grocery goods undertakings of an annual compliance report in respect of compliance with regulations made under this section, and for the submission of this report to the Commission,

(o) provide for the maintenance of records, and specify the records to be maintained, by relevant grocery goods undertakings in relation to the sale or supply of grocery goods to or from grocery goods undertakings,

(p) provide for the nature or type of information, documents or records that shall be maintained and kept by relevant grocery goods undertakings, and the length of time that such information, documents or records shall be kept,

(q) specify the manner and timeframe in which payments for grocery goods supplied to relevant grocery goods undertakings are to be made,

(r) provide for the designation and training of staff in relevant grocery goods undertakings to be responsible for compliance with any regulations made under this section and the dissemination of information in relation to the implementation of such regulations to other staff in the undertaking, and

(s) contain transitional provisions relating to the contracts for the sale or supply of grocery goods referred to in paragraph (a) to which the regulations, or different provisions of the regulations, will apply and any other relevant transitional provisions.

(3) Subject to this section, when making regulations under this section, the Minister may prescribe one or more classes (whether retailers, suppliers or wholesalers) of relevant grocery goods undertakings or grocery goods undertakings, or one or more classes of grocery goods, to which one or more of the regulations shall apply.

(4) Regulations under this section shall only apply to contracts entered into or renewed on or after the date on which the regulations come into operation.

(5) The Minister may, after he or she makes regulations under this section, and after consultation with the Commission and such other persons (including relevant grocery goods undertakings and other grocery goods undertakings) as he or she considers appropriate, prepare and make guidelines for the purpose of providing practical guidance as regards the operation of, and compliance with, this Chapter and any regulations made under this Chapter.

(6) Guidelines issued under subsection (5) shall—

(a) be published by the Minister in such manner as he or she considers appropriate,

(b) be published by the Commission in such manner as it considers appropriate, and

(c) be made available for inspection by any person free of charge during ordinary office hours at the principal office of the Commission.

Inspections and investigations by the Commission

63C. (1) The Commission may from time to time carry out such and so many inspections of relevant grocery goods undertakings as it considers necessary to monitor compliance with regulations under section 63B.

(2) In addition to carrying out inspections under subsection (1), the Commission may, where it has reasonable grounds to believe that a relevant grocery goods undertaking may be failing or may have failed to comply with regulations under section 63B, investigate any complaints it receives in relation to such an alleged failure.

(3) The Commission may decide not to investigate a complaint referred to in subsection (2), or to discontinue an investigation of a complaint, on the grounds that—

(a) the complaint is frivolous or vexatious or was not made in good faith,

(b) the subject-matter of the complaint is trivial,

(c) the conduct complained of occurred at too remote a time to justify investigation, or

(d) there is or was available to the complainant an alternative and satisfactory means of redress in relation to the conduct complained of.

(4) The Commission may make preliminary inquiries for the purpose of deciding whether a complaint should be investigated and may in writing request the complainant to provide further written particulars of the complaint within a period specified by the Commission in the request.

(5) The Commission may decide not to continue to investigate a complaint if the complainant fails to comply with a request for further written particulars within the time specified in the request under subsection (4).

(6) As soon as practicable after deciding not to investigate a complaint, or to discontinue an investigation of a complaint, the Commission shall inform the complainant in writing of the decision and the reasons for the decision.

Contravention notices

63D. (1) Where, on foot of an investigation carried out by the Commission under section 63C, the Commission is of the opinion that a relevant grocery goods undertaking is contravening or has contravened any provision of regulations made under section 63B that is stated in those regulations to be a penal provision, the Commission may instruct an authorised officer to serve, personally or by post, a notice (in this Chapter referred to as a ‘contravention notice’) on the relevant grocery goods undertaking.

(2) A contravention notice shall—

(a) state that the Commission is of the opinion that the relevant grocery goods undertaking is contravening or has contravened regulations under section 63B,

(b) state the reason for that opinion,

(c) identify the relevant penal provision of the regulations in respect of which that opinion is held,

(d) direct the relevant grocery goods undertaking to remedy the contravention by a date specified in the notice that shall not be earlier than the end of the period within which an appeal may be made under subsection (6),

(e) include information regarding the making of an appeal under subsection (6),

(f) include any other requirement that the Commission considers appropriate, in order to remedy the contravention, and

(g) be signed and dated by a person duly authorised by the Commission to do so.

(3) A contravention notice may include directions—

(a) as to the measures to be taken to remedy any contravention or matter to which the notice relates, or to otherwise comply with the notice, and

(b) to bring the notice to the attention of any person who may be affected by it.

(4) A relevant grocery goods undertaking on whom a contravention notice has been served who is of the opinion that the contravention notice has been complied with shall confirm in writing to the Commission that the matters referred to in the notice have been so remedied.

(5) Where a relevant grocery goods undertaking on whom a contravention notice has been served confirms in writing to the Commission in accordance with subsection (4) that the matters referred to in the contravention notice have been remedied, the Commission shall, on being satisfied that the matters have been so remedied, not later than one month from receipt of such confirmation, give notice to the relevant grocery goods undertaking concerned of compliance with the contravention notice.

(6) A relevant grocery goods undertaking on which a contravention notice has been served may, within 21 days beginning on the day on which the notice is served, appeal against the notice to a judge of the Circuit Court in the circuit court area in which the notice was served and in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.

(7) A relevant grocery goods undertaking who appeals under subsection (6) shall at the same time notify the Commission of the appeal and the grounds for the appeal and the Commission shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(8) Where an appeal under subsection (6) is made, and the contravention notice is not cancelled, the notice as confirmed or varied shall take effect on the later of—

(a) the day next following the day on which the notice is confirmed or varied on appeal or the appeal is withdrawn, or

(b) the day specified in the notice.

(9) Where there is no appeal under subsection (6), the contravention notice shall take effect on the later of—

(a) the end of the period for making an appeal, or

(b) the day specified in the notice.

(10) The Commission may—

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

(b) where no appeal is made or pending under subsection (6), extend the period specified under subsection (2)(d).

Enforcement

63E. (1) A relevant grocery goods undertaking that contravenes a requirement in a contravention notice commits an offence and is liable—

(a) on summary conviction, to the fines and penalties provided for in section 79, or

(b) on conviction on indictment, to the fines and penalties provided for in section 79.

(2) A relevant grocery goods undertaking that, without reasonable excuse, contravenes a provision of regulations under section 63B that is declared in the regulations to be a penal provision commits an offence and is liable—

(a) on summary conviction, to the fines and penalties provided for in section 79, or

(b) on conviction on indictment, to the fines and penalties provided for in section 79.

(3) Any person who is aggrieved in consequence of a relevant grocery goods undertaking’s failure to comply with any provision of regulations under section 63B or a contravention notice shall have a right of action under this subsection for relief against that relevant grocery goods undertaking.

(4) An action under subsection (3) may be brought in the Circuit Court.

(5) Any relief by way of damages, including exemplary damages, for an action under subsection (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.”

84. Amendment of section 86 of Act of 2007

84. Section 86 of the Act of 2007 is amended by substituting “Subject to section 86A(4), the Commission”, for “The Agency”.

85. Commission may publish certain information in respect of grocery goods undertakings

85. The Act of 2007 is amended in Part 5 by inserting the following Chapter after Chapter 6:

“Chapter 6A

Publication of Names (Grocery Goods Undertakings List)

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 in subsection (2):

(a) any person on whom a fine or other penalty was imposed by a court by or under Chapter 5 of Part 3;

(b) any person against whom a contravention notice takes effect under section 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;

(c) the matter occasioning any contravention notice served on the person under this Act.

(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 in paragraph (a) or (b) of subsection (1) shall not be included in the consumer protection list under section 86.”

86. Res judicata

86. (1) Where, in proceedings under Chapter 5 (inserted by section 83) of Part 3 of the Act of 2007, a court finds, as part of a final decision in relation to the matters to which those proceedings relate, that a relevant grocery goods undertaking contravened—

(a) a provision of regulations made under section 63B of that Act, or

(b) a requirement in a contravention notice,

then, for the purposes of any subsequent proceedings (other than proceedings for an offence) under that Chapter, the finding shall be res judicata (whether or not the parties to the said subsequent proceedings are the same as the parties to the first- mentioned proceedings).

(2) In this section—

“contravention notice” has the same meaning as it has in Chapter 5 of Part 3 of the Act of 2007;

“finding” includes a conviction for an offence, whether or not that conviction is consequent upon a plea of guilty by an accused person;

“relevant grocery goods undertaking” has the same meaning as it has in Chapter 5 of Part 3 of the Act of 2007.

PART 7 Miscellaneous

87. Amendment of Central Bank Act 1942

87. The Central Bank Act 1942 is amended—

(a) in section 2, by deleting the definition of “Agency”,

(b) in section 5A, (amended by section 14 of the Central Bank Reform Act 2010)—

(i) by substituting “the Competition and Consumer Protection Commission” for “the Agency” in each place where it occurs,

(ii) by substituting the following subsection for subsection (5):

“(5) The functions of the Competition and Consumer Protection Commission referred to in subsection (4) are the following functions, namely, functions under—

(a) subsections (1), (5), (6) and (8) of section 10 of the Competition and Consumer Protection Act 2014 in relation to—

(i) sections 41 to 56 (other than section 50) of the Consumer Protection Act 2007, and

(ii) the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 and 2000,

(b) sections 34, 35 and 36 of the Competition and Consumer Protection Act 2014, and

(c) sections 71, 72, 73, 75, 81, 82, 84, 86, 88 and 90 of the Consumer Protection Act 2007.”,

(iii) in subsection (6), by inserting “and the Competition and Consumer Protection Act 2014” after “Consumer Protection Act 2007”,

(iv) in subsection (7)(a), by substituting “under section 19 of the Competition and Consumer Protection Act 2014” for “under section 21 of the Consumer Protection Act 2007”,

(v) in subsection (9), by inserting “or the Competition and Consumer Protection Act 2014” after “Consumer Protection Act 2007” and by substituting “under section 19 of the Competition and Consumer Protection Act 2014” for “under section 21 of that Act”,

(c) in section 5C (inserted by section 14 of the Central Bank Reform Act 2010), by substituting the following subsection for subsection (3):

“(3) Subject to section 33AK, if the Competition and Consumer Protection Commission is of the opinion that information obtained by the Bank pursuant to subsections (1) and (2) is relevant to the exercise of that Commission’s functions under section 10(3)(j) of the Competition and Consumer Protection Act 2014, the Bank shall provide the requested information to the Commission at the Commission’s request.”,

(d) in section 33AK—

(i) in subsection (3)(a), by deleting paragraph (iva), and

(ii) in subsection (5), by substituting the following paragraph for paragraph (al):

“(al) to the Competition and Consumer Protection Commission, if the confidential information is required for the performance of the Commission’s functions, or”,

(e) in section 61E, by deleting paragraph (d) of subsection (1),

(f) in section 61H, by substituting the following paragraph for paragraph (c) of subsection (4):

“(c) the Competition and Consumer Protection Commission;”,

and

(g) in Part 1 of Schedule 2, by inserting the following item after item 42:

“

”.

88. Amendment of Personal Injuries Assessment Board Act 2003

88. Section 56 of the Personal Injuries Assessment Board Act 2003 is amended by substituting the following subsection for subsection (6):

“(6) The chief executive, and a person nominated for such appointment by the chairperson of the Competition and Consumer Protection Commission, shall each be a member of the Board.”

89. Amendment of Communications (Retention of Data) Act 2011

89. The Communications (Retention of Data) Act 2011 is amended—

(a) in section 1, by inserting the following definition:

“ ‘competition offence’ means an offence under section 6 of the Competition Act 2002, that is an offence involving an agreement, decision or concerted practice to which subsection (2) of that section applies;”,

(b) in section 6—

(i) by inserting the following subsection after subsection (3):

“(3A) A member of the Competition and Consumer Protection Commission may request a service provider to disclose to that member data retained by the service provider in accordance with section 3 where that member is satisfied that the data are required for the prevention, detection, investigation or prosecution of a competition offence.”,

and

(ii) in subsection (4), by substituting “subsection (1), (2), (3) or (3A)” for “subsection (1), (2) or (3) ”,

(c) in section 9—

(i) by inserting the following subsection after subsection (3):

“(3A) The Competition and Consumer Protection Commission shall prepare and submit a report to the Minister for Jobs, Enterprise and Innovation in respect of data specified in Schedule 2 that were the subject of all disclosure requests made under section 6(3A) during the relevant period.”,

(ii) in subsection (4), by substituting “subsection (1), (2), (3) or (3A)” for “subsection (1), (2) or (3) ”,

(iii) by inserting the following subsection after subsection (7):

“(7A) The Minister for Jobs, Enterprise and Innovation shall review the report submitted under subsection (3A) and shall forward it to the Minister, along with any comments that he or she may have with respect to it.”,

and

(iv) in subsection (8), by substituting “subsections (6), (7) and (7A)” for “subsection (6) and (7) ”,

(d) in section 10, by substituting the following paragraph for paragraph (a) of subsection (5):

“(a) direct An Garda Síochána, the Permanent Defence Force, the Revenue Commissioners or the Competition and Consumer Protection Commission to destroy the relevant data and any copies of the data,”,

and

(e) in section 12, by substituting the following paragraph for paragraph (b) of subsection (1):

“(b) ascertain whether An Garda Síochána, the Permanent Defence Force, the Revenue Commissioners and the Competition and Consumer Protection Commission are complying with its provisions, and”.

90. Amendment of Schedule 1 to Criminal Justice Act 2011

90. Schedule 1 to the Criminal Justice Act 2011 is amended by inserting the following paragraph after paragraph 30:

“Competition offence

31. An offence under section 6 of the Competition Act 2002, that is an offence involving an agreement, decision or concerted practice to which subsection (2) of that section applies.”

91. Amendment of European Communities (Cross-Border Mergers) Regulations 2008

91. The European Communities (Cross-Border Mergers) Regulations 2008 (S.I. No. 157 of 2008) are amended—

(a) in Regulation 10(2)(c), by inserting the following clause after clause (i):

“(ia) a determination by the Minister for Communications, Energy and Natural Resources under section 28D(1)(a) or (b) or section 28G(1)(a) or (c) (inserted by section 74 of the Competition and Consumer Protection Act 2014) of the Competition Act 2002”,

and

(b) in Regulation 16(1), by substituting the following paragraph for paragraph (d):

“(d) the relevant period referred to in section 19(1)(d) of that Act has elapsed without the Competition and Consumer Protection Commission having made a determination under section 22 of that Act in relation to the merger or acquisition.”