Consumer Protection Act 2007 (2007_act_19) | IE

ISB Act 2007-04-21

Schedule 1 Consumer Protection Act 2007 Open official source

SCHEDULE 1 Existing Enactments

SCHEDULE 1

Existing Enactments

Section 2.

PART 1 Enactments — Acts of the Oireachtas

PART 1

Enactments — Acts of the Oireachtas

Number and Year

Short Title

(1)

(2)

No. 31 of 1964

Pawnbrokers Act 1964

No. 10 of 1970

Merchandise Marks Act 1970

No. 35 of 1979

Occasional Trading Act 1979

No. 16 of 1980

Sale of Goods and Supply of Services Act 1980

No. 23 of 1980

Trading Stamps Act 1980

No. 28 of 1991

Liability for Defective Products Act 1991

No. 17 of 1995

Package Holidays and Travel Trade Act 1995

No. 24 of 1995

Consumer Credit Act 1995

No. 28 of 1996

National Standards Authority of Ireland Act 1996

No. 29 of 1998

Food Safety Authority of Ireland Act 1998

PART 2 Enactments made under the European Communities Act 1972 which are existing Enactments

PART 2

Enactments made under the European Communities Act 1972 which are existing Enactments

Number and Year

Citation

(1)

(2)

S.I. No. 134 of 1988

European Communities (Misleading Advertising) Regulations 1988

S.I. No. 224 of 1989

European Communities (Cancellation of Contracts Negotiated away from Business Premises) Regulations 1989

S.I. No. 32 of 1990 S.I. No. 458 of 1994

S.I. No. 32 of 1990

S.I. No. 458 of 1994

European Communities (Safety of Toys) Regulations 1990 and 1994

S.I. No. 265 of 1991

European Communities (Food Imitations) (Safety) Order 1991

S.I. No. 101 of 1992 S.I. No. 150 of 1995

S.I. No. 101 of 1992

S.I. No. 150 of 1995

European Communities (Appliances Burning Gaseous Fuels) Regulations 1992 and 1995

S.I. No. 428 of 1992 S.I. No. 307 of 1994

S.I. No. 428 of 1992

S.I. No. 307 of 1994

European Communities (Low Voltage Electrical Equipment) Regulations 1992 and 1994

S.I. No. 272 of 1993 S.I. No. 13 of 1994 S.I. No. 457 of 1994 S.I. No. 81 of 1997

S.I. No. 272 of 1993

S.I. No. 13 of 1994

S.I. No. 457 of 1994

S.I. No. 81 of 1997

European Communities (Personal Protective Equipment) Regulations 1993 to 1997

S.I. No. 27 of 1995 S.I. No. 307 of 2000

S.I. No. 27 of 1995

S.I. No. 307 of 2000

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

S.I. No. 63 of 1996

European Communities (Labelling of Footwear) Regulations 1996

S.I. No. 204 of 1997

European Communities (Contracts for Time Sharing of Immovable Property Protection of Purchasers) Regulations 1997

S.I. No. 144 of 2000

European Communities (Contracts for Time Sharing of Immovable Property Protection for Purchasers) (Amendment) Regulations 2000

S.I. No. 245 of 1998

European Communities (Names and Labelling of Textile Products) Regulations 1998

S.I. No. 254 of 1998

European Communities (Definition, Description and Presentation of Aromatized Wines, Aromatized Wine-Based Drinks and Aromatized Wine-Product Cocktails) Regulations 1998

S.I. No. 262 of 1998

European Communities (Use of Standards for the Transmission of Television Signals) Regulations 1998

S.I. No. 401 of 2000

European Communities (Liability for Defective Products) Regulations 2000

S.I. No. 207 of 2001

European Communities (Protection of Consumers in Respect of Contracts made by Means of Distance Communication) Regulations 2001

S.I. No. 449 of 2001

European Communities (Protection of Consumers’ Collective Interests) Regulations 2001

S.I. No. 483 of 2002 S.I. No. 257 of 2003 S.I. No. 451 of 2003 S.I. No. 528 of 2003 S.I. No. 228 of 2005 S.I. No. 514 of 2005 S.I. No. 647 of 2005

S.I. No. 483 of 2002

S.I. No. 257 of 2003

S.I. No. 451 of 2003

S.I. No. 528 of 2003

S.I. No. 228 of 2005

S.I. No. 514 of 2005

S.I. No. 647 of 2005

European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations 2002 to 2005

S.I. No. 639 of 2002

European Communities (Requirements to Indicate Product Prices) Regulations 2002

S.I. No. 11 of 2003

European Communities (Sale of Consumer Goods and Associated Guarantees) Regulations 2003

S.I. No. 68 of 2003

European Communities (Directive 2000/31/EC) Regulations 2003

S.I. No. 490 of 2004

European Communities (Amendment of S.I. No. 68 of 2003) Regulations 2004

S.I. No. 236 of 2003

European Communities (Marketing of Cocoa and Chocolate Products) Regulations 2003

S.I. No. 240 of 2003

European Communities (Marketing of Fruit Juices and Certain Similar Products) Regulations 2003

S.I. No. 289 of 2003

European Communities (Marketing of Sugar Products) Regulations 2003

S.I. No. 294 of 2003

European Communities (Marketing of Fruit Jams, Jellies, Marmalades and Sweetened Chestnut Purée) Regulations 2003

S.I. No. 298 of 2003

European Communities (Dehydrated Preserved Milk) Regulations 2003

S.I. No. 307 of 2003

European Communities (Electronic Communications, Networks and Services) (Framework) Regulations 2003

S.I. No. 308 of 2003

European Communities (Electronic Communications, Networks and Services) (Universal Services and Users’ Rights) Regulations 2003

S.I. No. 367 of 2003

European Communities (Marketing of Honey) Regulations 2003

S.I. No. 199 of 2004

European Communities (General Product Safety) Regulations 2004

S.I. No. 397 of 2004

European Communities (Marketing Standards for Olive Oil) Regulations 2004

S.I. No. 853 of 2004

European Communities (Distance Marketing of Consumer Financial Services) Regulations 2004

S.I. No. 290 of 2006

European Communities (Co-operation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2006

ISB Act 2007-04-21

Schedule 2 Consumer Protection Act 2007 Open official source

SCHEDULE 2 Repeals

SCHEDULE 2

Repeals

Section 4.

Session and Chapter or Number and Year

Short Title

Extent of Repeal

(1)

(2)

(3)

50 & 51 Vic., c. 28

Merchandise Marks Act 1887

The whole Act

54 & 55 Vic., c. 15

Merchandise Marks Act 1891

The whole Act

1 & 2 Geo. 5., c. 31

Merchandise Marks Act 1911

The whole Act

5 & 6 Geo. 5., c. 1

Anglo-Portuguese Commercial Treaty Act 1914

The whole Act

6 & 7 Geo. 5., c. 39

Anglo-Portuguese Commercial Treaty Act 1916

The whole Act

No. 10 of 1930

Agricultural Produce (Fresh Meat) Act 1930

Section 27(4) and (5)

No. 35 of 1930

Portuguese Treaty Act 1930

The whole Act

No. 26 of 1931

Agricultural Produce (Potatoes) Act 1931

Section 19(4) and (5)

No. 48 of 1931

Merchandise Marks Act 1931

The whole Act

No. 6 of 1936

Spanish Trade Agreement Act 1936

The whole Act

No. 14 of 1955

Seed Production Act 1955

Section 22(3)

No. 4 of 1958

Prices Act 1958

The whole Act, except to the extent specified in section 92

No. 25 of 1968

Road Traffic Act 1968

Section 14(1), (2) and (3)

No. 20 of 1972

Prices (Amendment) Act 1972

The whole Act

No. 1 of 1978

Consumer Information Act 1978

The whole Act

No. 11 of 1980

Packaged Goods (Quantity Control) Act 1980

Section 12(1)

No. 27 of 1980

Pyramid Selling Act 1980

The whole Act

No. 31 of 1987

Restrictive Practices (Amendment) Act 1987

The whole Act

No. 28 of 1996

National Standards Authority of Ireland Act 1996

Section 19(3) and 21(7)

ISB Act 2007-04-21

Schedule 3 Consumer Protection Act 2007 Open official source

SCHEDULE 3 References in Certain Acts and Instruments to Director or Office of Director

SCHEDULE 3

References in Certain Acts and Instruments to Director or Office of Director

Section 40.

PART 1 References in Certain Acts to Director of Consumer Affairs or Office of the Director of Consumer Affairs

PART 1

References in Certain Acts to Director of Consumer Affairs or Office of the Director of Consumer Affairs

Short Title, Number and Year

Provision affected

Amendment

(1)

(2)

(3)

Ombudsman Act 1980 (No. 26 of 1980)

First Schedule

In Part II, delete “the Director of Consumer Affairs”.

Second Schedule

Insert “National Consumer Agency”.

National Archives Act 1986 (No. 11 of 1986)

Schedule

Substitute “National Consumer Agency” for “Office of the Director of Consumer Affairs”.

Prompt Payment of Accounts Act 1997 (No. 31 of 1997)

Schedule

Substitute “National Consumer Agency” for “the Office of the Director of Consumer Affairs”.

Taxes Consolidation Act 1997 (No. 39 of 1997)

Schedule 13

Substitute the following for paragraph 112 (inserted by section 14 of the Finance Act 2001): “112. National Consumer Agency.”.

Substitute the following for paragraph 112 (inserted by section 14 of the Finance Act 2001)

“112. National Consumer Agency.”.

Electronic Commerce Act 2000 (No. 27 of 2000)

Section 15

Substitute “role of the National Consumer Agency” for “role of the Director of Consumer Affairs”.

Competition Act 2002 (No. 14 of 2002)

Schedule 1 (as amended by the Competition Act 2002 (Section 34(11)) (Director of Consumer Affairs) Order 2003 (S.I. No. 130 of 2003)

In column (1), substitute “National Consumer Agency” for “Director of Consumer Affairs”.

Ombudsman for Children Act 2002 (No. 22 of 2002)

Schedule 1

In Part 2, substitute “National Consumer Agency” for “Director of Consumer Affairs”.

Personal Injuries Assessment Board Act 2003 (No. 46 of 2003)

Section 56(6)

Substitute “the chief executive of the National Consumer Agency” for “the Director of Consumer Affairs”.

Official Languages Act 2003 (No. 32 of 2003)

First Schedule

(a) in paragraph 1 of the Irish text— (i) in subparagraph (1), delete “Oifig an Stiúrthóra Gnóthaí Tomhaltóirí”, and (ii) in subparagraph (2), insert “An Ghníomhaireacht Náisiúnta Tomhaltóirí”. (b) in paragraph 1 of the English text— (i) in subparagraph (1), delete “Office of the Director of Consumer Affairs”, and (ii) in subparagraph (2), insert “National Consumer Agency”.

(a) in paragraph 1 of the Irish text—

(i) in subparagraph (1), delete “Oifig an Stiúrthóra Gnóthaí Tomhaltóirí”, and

(ii) in subparagraph (2), insert “An Ghníomhaireacht Náisiúnta Tomhaltóirí”.

(b) in paragraph 1 of the English text—

(i) in subparagraph (1), delete “Office of the Director of Consumer Affairs”, and

(ii) in subparagraph (2), insert “National Consumer Agency”.

Veterinary Practice Act 2005 (No. 22 of 2005)

Section 16(1)

Substitute the following for paragraph (g): “(g) one person who is nominated for such appointment by the National Consumer Agency;”.

Substitute the following for paragraph (g)

“(g) one person who is nominated for such appointment by the National Consumer Agency;”.

PART 2 References in Certain Instruments to Director of Consumer Affairs or Office of the Director of Consumer Affairs

PART 2

References in Certain Instruments to Director of Consumer Affairs or Office of the Director of Consumer Affairs

Citation, Number and Year

Provision affected

Amendment

(1)

(2)

(3)

Air Quality Standards Regulations 2002 (S.I. No. 271 of 2002)

Schedule 14

Substitute the following for paragraph (6): “(6) National Consumer Agency”.

Substitute the following for paragraph (6)

“(6) National Consumer Agency”.

Genetically Modified Organisms (Deliberate Release) Regulations 2003 (S.I. No. 500 of 2003)

Regulation 62(1)

(a) Substitute the following for paragraph (g): “(g) the National Consumer Agency,”. (b) In paragraph (j), substitute “the National Consumer Agency” for “the Office of the Director of Consumer Affairs”.

(a) Substitute the following for paragraph (g)

“(g) the National Consumer Agency,”.

(b) In paragraph (j), substitute “the National Consumer Agency” for “the Office of the Director of Consumer Affairs”.

Ozone in Ambient Air Regulations 2004 (S.I. No. 53 of 2004)

Schedule 10

Substitute the following for paragraph (6): “(6) National Consumer Agency”.

Substitute the following for paragraph (6)

“(6) National Consumer Agency”.

Investor Compensation Act 1998 (Section 18(4)) (Prescription of Bodies and Individuals) Regulations 2004 (S.I. No. 570 of 2004)

Regulation 2

Substitute the following for paragraph (b): “(b) the National Consumer Agency;”.

Substitute the following for paragraph (b)

“(b) the National Consumer Agency;”.

Finance Act 1993 (Section 60) Regulations 2005 (S.I. No. 846 of 2005)

Schedule

Substitute “National Consumer Agency” for “Office of the Director of Consumer Affairs”.

ISB Act 2007-04-21

Schedule 4 Consumer Protection Act 2007 Open official source

SCHEDULE 4 Enactments for the purpose of section 73 (Undertakings with the Agency)

SCHEDULE 4

Enactments for the purpose of section 73 (Undertakings with the Agency)

Section 73.

Number and Year

Short Title or Citation

(1)

(2)

No. 16 of 1980

Sale of Goods and Supply of Services Act 1980

No. 17 of 1995

Package Holidays and Travel Trade Act 1995

S.I. No. 224 of 1989

European Communities (Cancellation of Contracts Negotiated away from Business Premises) Regulations 1989

S.I. No. 27 of 1995 S.I. No. 307 of 2000

S.I. No. 27 of 1995

S.I. No. 307 of 2000

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

S.I. No. 204 of 1997

European Communities (Contracts for Time Sharing of Immovable Property Protection of Purchasers) Regulations 1997

S.I. No. 144 of 2000

European Communities (Contracts for Time Sharing of Immovable Property Protection of Purchasers) (Amendment) Regulations 2000

S.I. No. 207 of 2001

European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations 2001

S.I. No. 639 of 2002

European Communities (Requirements to Indicate Product Prices) Regulations 2002

S.I. No. 11 of 2003

European Communities (Sale of Consumer Goods and Associated Guarantees) Regulations 2003

S.I. No. 68 of 2003

European Communities (Directive 2000/31/EC) Regulations 2003

S.I. No. 490 of 2004

European Communities (Amendment of S.I. No. 68 of 2003) Regulations 2004

ISB Act 2007-04-21

Schedule 5 Consumer Protection Act 2007 Open official source

SCHEDULE 5 Enactments for the purpose of section 75 (Compliance notices)

SCHEDULE 5

Enactments for the purpose of section 75 (Compliance notices)

Section 75.

Number and Year

Short Title or Citation

(1)

(2)

No. 16 of 1980

Sale of Goods and Supply of Services Act 1980

No. 17 of 1995

Package Holidays and Travel Trade Act 1995

S.I. No. 168 of 1984

Consumer Information (Advertisements) (Disclosure of Business Interest) Order 1984

S.I. No. 224 of 1989

European Communities (Cancellation of Contracts Negotiated away from Business Premises) Regulations 1989

S.I. No. 103 of 1997

Consumer Information (Advertisements for Concert or Theatre Performances) Order 1997

S.I. No. 204 of 1997

European Communities (Contracts for Time Sharing of Immovable Property Protection of Purchasers) Regulations 1997

S.I. No. 144 of 2000

European Communities (Contracts for Time Sharing of Immovable Property Protection of Purchasers) (Amendment) Regulations 2000

S.I. No. 468 of 2000

Consumer Information (Advertisements for Airfares) Order 2000

S.I. No. 207 of 2001

European Communities (Protection of Consumers in Respect of Contracts made by Means of Distance Communication) Regulations 2001

S.I. No. 68 of 2003

European Communities (Directive 2000/31/EC) Regulations 2003

S.I. No. 490 of 2004

European Communities (Amendment of S.I. No. 68 of 2003) Regulations 2003

ISB Act 2007-04-21

Schedule 6 Consumer Protection Act 2007 Open official source

SCHEDULE 6 Redress for contravention of section 87

SCHEDULE 6

Redress for contravention of section 87

Section 87.

1. In this Schedule—

“ Act of 1994 ” means the Terms of Employment (Information) Act 1994;

“ employee ” and “ employer ” have the same meaning as they have in the Act of 1994.

2. (1) An employee may present a complaint to a rights commissioner that the employer has contravened section 87(3) in relation to the employee and, if the employee does so, the commissioner shall give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint, shall give a decision in writing in relation to it and shall communicate the decision to the parties.

(2) A decision of a rights commissioner under subparagraph (1) shall do one or more of the following

(a) declare that the complaint was or, as the case may be, was not well founded;

(b) require the employer to comply with section 87(3) and, for that purpose, require the employer to take specified steps;

(c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances, but not exceeding 104 weeks remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977;

and the references in the foregoing clauses to an employer shall be construed, in a case where ownership of the business of the employer changes after the contravention to which the complaint relates occurred, as references to the person who, by virtue of the change, becomes entitled to such ownership.

3. For the purposes of this Schedule—

(a) subsections (3) to (6) and subsection (7)(a) of section 7 of the Act of 1994 shall apply in relation to a complaint presented under this Schedule as they apply in relation to a complaint presented under subsection (1) of that section 7, with the following modifications, namely

(i) the deletion in that subsection (3) of all the words from “if it is presented” to the end of that subsection and the substitution of “unless it is presented to him within the period of 12 months beginning on the date of the contravention to which the complaint relates or (in a case where the rights commissioner is satisfied that exceptional circumstances prevented the presentation of the complaint within the period aforesaid) such further period, not exceeding 6 months from the expiration of the said period of 12 months, as the rights commissioner considers reasonable”;

(ii) the substitution in that subsection (6) of a reference to a decision for the reference to a recommendation;

and any other necessary modifications,

(b) sections 8 to 10 of the Act of 1994 shall apply as they apply for the purposes of that Act, with the following modifications, namely

(i) the substitution in those provisions of references to a decision for references to a recommendation;

(ii) the addition to section 8 of the following subsection

“(7) Proceedings under this section before the Tribunal shall be heard otherwise than in public.”;

(iii) the substitution in section 9 of—

(I) references to the Circuit Court for references to the District Court, and

(II) the following subsection for subsection (3)

“(3) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the employer concerned ordinarily resides or carries on any profession, trade or business.”;

and any other necessary modifications.

4. (1) In proceedings under this Schedule before a rights commissioner or the Employment Appeals Tribunal in relation to a complaint that section 87(3) has been contravened, it shall be presumed, until the contrary is proved, that the employee concerned acted reasonably and in good faith in forming the opinion and making the communication concerned.

(2) If a penalisation of an employee, in contravention of section 87(3), constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2005, relief may not be granted to the employee in respect of that penalisation both under this Schedule and under those Acts.

ISB Act 2007-04-21

Schedule 7 Consumer Protection Act 2007 Open official source

SCHEDULE 7 Statutory Instruments for the purposes of sections 101 and 102 (Directions respecting product safety and admissibility of laboratory tests)

SCHEDULE 7

Statutory Instruments for the purposes of sections 101 and 102 (Directions respecting product safety and admissibility of laboratory tests)

Section 101 and 102.

Number and Year

Citation

S.I. No. 32 of 1990

European Communities (Safety of Toys) Regulations 1990

S.I. No. 101 of 1992

European Communities (Appliances Burning Gaseous Fuels) Regulations 1992

S.I. No. 482 of 1992

European Communities (Low Voltage Electrical Equipment) Regulations 1992

S.I. No. 272 of 1993

European Communities (Personal Protective Equipment) Regulations 1993

S.I. No. 199 of 2004

European Communities (General Product Safety) Regulations 2004

ISB Act 2007-04-21

Schedule 8 Consumer Protection Act 2007 Open official source

SCHEDULE 8 Directives for the purpose of section 102 (Admissibility of laboratory tests)

SCHEDULE 8

Directives for the purpose of section 102 (Admissibility of laboratory tests)

Section 102.

Council Directive 73/23/EEC of 19 February 1973 on the harmonization of the laws of Member States relating to electrical equipment designed for use within certain voltage limits

Council Directive 88/378/EEC of 3 May 1988 on the approximation of the laws of the Member States concerning the safety of toys

Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment

Council Directive 90/396/EEC of 29 June 1990 on the approximation of the laws of the Member States relating to appliances burning gaseous fuels

Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on the approximation of the laws of the Member States relating to general product safety.

Consumer Protection Act 2007

Table of Provisions (8)

Statutory Text (8 Articles)

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