Consumer Rights Act 2022 (2022_act_37) | IE

ISB Act 2022-11-07

Schedule 1 Consumer Rights Act 2022 Open official source

SCHEDULE 1 Repeals and Revocations

SCHEDULE 1

Repeals and Revocations

Section 8

Part 1 Repeals

Part 1

Repeals

Reference (1)

Reference

(1)

Session and Chapter or Number and Year (2)

Session and Chapter or Number and Year

(2)

Short title (3)

Short title

(3)

Extent of repeal (4)

Extent of repeal

(4)

1.

1893 (56 & 57 Vict., c.71)

Sale of Goods Act, 1893

Section 4

2.

No. 16 of 1980

Sale of Goods and Supply of Services Act 1980

Sections 3, 14, 47(6) to (10) and 53 to 55

3.

No. 23 of 1980

Trading Stamps Act 1980

The whole Act

4.

No. 17 of 1995

Package Holidays and Travel Trade Act 1995

Section 25C

5.

No. 24 of 1995

Consumer Credit Act 1995

Sections 74 to 79 and 81

6.

No. 19 of 2007

Consumer Protection Act 2007

Sections 65(1)(b) and 74(1)

7.

No. 1 of 2010

Arbitration Act 2010

Section 21(6)

Part 2 Revocations

Part 2

Revocations

Reference (1)

Reference

(1)

Number and Year (2)

Number and Year

(2)

Title of instrument (3)

Title of instrument

(3)

Extent of revocation (4)

Extent of revocation

(4)

1.

S.I. No. 27 of 1995

European Communities (Unfair Terms in Consumer Contracts) Regulations 1995

The whole instrument

2.

S.I. No. 307 of 2000

European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations 2000

The whole instrument

3.

S.I. No. 11 of 2003

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

The whole instrument

4.

S.I. No. 160 of 2013

European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations 2013

The whole instrument

5.

S.I. No. 484 of 2013

European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013

The whole instrument

6.

S.I. No. 336 of 2014

European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations 2014

The whole instrument

ISB Act 2022-11-07

Schedule 2 Consumer Rights Act 2022 Open official source

SCHEDULE 2 Information to be provided: on-premises contract

SCHEDULE 2

Information to be provided: on-premises contract

The information to be provided by the trader to the consumer in accordance with section 101 is as follows

(a) the main characteristics of the goods, digital content, digital service or service, to the extent appropriate to the medium and to the goods, digital content, digital service or service;

(b) the identity of the trader, including the trader’s trading name and legal identity;

(c) the geographical address at which the trader is established, and the trader’s telephone number;

(d) the total price of the goods, digital content, digital service or service inclusive of taxes or, where the nature of the goods, digital content, digital service or service is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated;

(e) where applicable, all freight, delivery or postal charges additional to the price referred to in clause (d) or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;

(f) where applicable, the arrangements for payment, delivery, performance and the time by which the trader undertakes to deliver or supply the goods, digital content, digital service or service;

(g) where applicable, the trader’s complaint handling policy;

(h) the existence of a legal obligation on the trader to supply goods, digital content or a digital service that is in conformity with the contract;

(i) where applicable, the existence and the conditions of any after-sales service or commercial guarantee;

(j) the duration of the contract where applicable or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating it;

(k) where applicable, the functionality, including applicable technical protection measures, of goods with digital elements, digital content or digital services;

(l) where applicable, any relevant compatibility and interoperability of goods with digital elements, digital content and digital services of which the trader is aware, or can reasonably be expected to have been aware;

(m) such information as may be specified in regulations made under section 102(1).

ISB Act 2022-11-07

Schedule 3 Consumer Rights Act 2022 Open official source

SCHEDULE 3 Information to be provided: off-premises contract or distance contract

SCHEDULE 3

Information to be provided: off-premises contract or distance contract

The information to be provided by the trader to the consumer in accordance with section 103 or, as the case may be, section 104(3)(a), in the case of an off-premises contract and section 106 in the case of a distance contract, is as follows

(a) the main characteristics of the goods, digital content, digital service or service, to the extent appropriate to the medium and to the goods, digital content, digital service or service;

(b) the identity of the trader, including the trader’s trading name and legal identity;

(c) if the trader is acting on behalf of another trader, the identity and geographical address of that other trader;

(d) the geographical address at which the trader is established, the trader’s telephone number and email address, and, where applicable, the details of any other means of online communications provided by the trader which guarantee that the consumer can keep any written correspondence with the trader, including its date and time, on a durable medium;

(e) the geographical address of—

(i) the place of business of the trader, if different from the address provided in accordance with clause (d), and

(ii) where the trader acts on behalf of another trader, the place of business of that other trader, if different from the address provided in accordance with clause (c),

to which the consumer can address complaints;

(f) the total price of the goods, digital content, digital service or service inclusive of taxes or, where the nature of the goods, digital content, digital service or service is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated;

(g) where applicable, all freight, delivery or postal charges and any other costs additional to the price referred to in clause (f) or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;

(h) in the case of a contract of indeterminate duration or a contract containing a subscription—

(i) the total costs per billing period,

(ii) where such contracts are charged at a fixed rate, the total monthly costs, or

(iii) where the total costs cannot reasonably be calculated in advance, the manner in which the price is to be calculated;

(i) where applicable, that the price of the goods, digital content, digital service or service was personalised on the basis of automated decision-making;

(j) the cost of using the means of distance communication used for the conclusion of the contract, where that cost is calculated other than at a rate referred to in any of paragraphs (a) to (e) of the definition of “basic rate” in section 124;

(k) the arrangements for payment, delivery, performance, and the time by which the trader undertakes to deliver, provide or supply the goods, digital content, digital service or service;

(l) where applicable, the trader’s complaint handling policy;

(m) where a right to cancel the contract exists, the conditions, time limit and procedures for exercising that right in accordance with section 112;

(n) where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation of the contract and, in the case of a distance contract, if the goods by their nature cannot normally be returned by post, the cost of returning the goods;

(o) where the consumer exercises the right to cancel after having made a request in accordance with section 119, that the consumer is liable to pay the trader reasonable costs in accordance with that section;

(p) where a right to cancel the contract does not apply under section 111, the information that the consumer will not benefit from the right to cancel the contract or, where applicable, the circumstances in which the consumer loses that right;

(q) the existence of a legal obligation on the trader to supply goods, digital content, a digital service or a service that is in conformity with the contract;

(r) where applicable, the existence and conditions of any after-sales customer assistance, after-sales service or commercial guarantee;

(s) the existence of relevant codes of practice within the meaning of section 81(7) and, where applicable, how a copy of such codes may be obtained;

(t) the duration of the contract or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating it;

(u) where applicable, the minimum duration of the consumer’s obligations under the contract;

(v) where applicable, the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader;

(w) where applicable, the functionality, including applicable technical protection measures, of goods with digital elements, digital content or digital services;

(x) where applicable, any relevant compatibility and interoperability of goods with digital elements, digital content or digital services of which the trader is aware, or can reasonably be expected to have been aware;

(y) where applicable, the possibility of having recourse to an out-of-court complaint and redress mechanism to which the trader is subject, and the methods of accessing that mechanism.

ISB Act 2022-11-07

Schedule 4 Consumer Rights Act 2022 Open official source

SCHEDULE 4 Information concerning the exercise of the right to cancel

SCHEDULE 4

Information concerning the exercise of the right to cancel

Part 1 Model instructions on right to cancel

Part 1

Model instructions on right to cancel

Right to cancel

You have the right to cancel this contract within [see Note 1] days without giving any reason. The cancellation period will expire after [see Note 1] days from the day [see Note 2].

To exercise the right to cancel, you must inform us [see Note 3] of your decision to cancel this contract by an unequivocal statement such as an e-mail or a letter sent by post. You may use the attached cancellation form but it is not obligatory. [See Note 4]

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. [See Note 5]

[See Note 6]

[See Note 7]

Notes on instructions for completion

1. Insert one of the following texts between inverted commas

(a) in the case of a contract other than an off-premises contract concluded in the context of an unsolicited visit to the consumer’s home or an excursion organised by the trader with the aim or effect of promoting or selling goods, digital content, a digital service or a service to the consumer: “14 days”;

(b) in the case of an off-premises contract concluded in the context of an unsolicited visit to the consumer’s home or an excursion organised by the trader with the aim or effect of promoting or selling goods, digital content, a digital service or a service to the consumer: “30 days”.

2. Insert one of the following texts between inverted commas

(a) in the case of a service contract or a contract for the supply of water, gas or electricity not supplied in a limited volume or set quantity, of district heating or of digital content not supplied on a tangible medium: “of the conclusion of the contract.”;

(b) in the case of a sales contract: “on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.”;

(c) in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately: “on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of the goods.”;

(d) in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: “on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.”;

(e) in the case of a contract for regular delivery of goods during a defined period of time: “on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first of the goods.”.

3. Insert your name, geographical address, telephone number and email address.

4. If you give the option to the consumer to electronically fill in and submit information in relation to his or her cancellation of the contract on your website, insert the following: “You can also electronically fill in and submit the model cancellation form or any other unequivocal statement on our website [insert website address]. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.”.

5. In the case of a sales contract in which you have not offered to collect the goods in the event of cancellation, insert the following: “We may withhold reimbursement until we have received the goods back or you have supplied evidence of having returned the goods, whichever is the earliest.”.

6. If the consumer has received goods in connection with the contract—

(a) insert one of the following texts between inverted commas

(i)“We will collect the goods”;

(ii)“You shall send back the goods or hand them over to us or ___ [insert the name and geographical address, where applicable, of the person authorised by you to receive the goods], without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.”,

(b) insert one of the following texts between inverted commas

(i)“We will bear the cost of returning the goods.”;

(ii)“You will bear the direct cost of returning the goods.”;

(iii) in the case of a distance contract where you do not offer to bear the cost of returning the goods and the goods, by their nature, cannot normally be returned by post: “You will have to bear the direct cost of returning the goods ___ EUR [insert the amount].”, or if the cost of returning the goods cannot reasonably be calculated in advance: “You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately EUR [insert the amount].”;

(iv) in the case of an off-premises contract, the goods, by their nature, cannot normally be returned by post and have been delivered to the consumer’s home at the time of the conclusion of the contract: “We will collect the goods at our own expense.”,

and

(c) insert: “You are only liable for any diminished value of the goods resulting from the handling of the goods beyond that necessary to establish their nature, characteristics and functioning”.

7. In the case of a contract for the provision of services or the supply of water, gas or electricity, where they are not supplied in a limited volume or set quantity, or of district heating, insert the following: “If you requested to begin the performance of services or the supply of water/gas/electricity/district heating [delete where inapplicable] during the cancellation period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your cancellation of this contract, in comparison with the full coverage of the contract.”.

Part 2 Model cancellation form

Part 2

Model cancellation form

[Complete and return this form only if you wish to cancel the contract.]

To [here the trader’s name, geographical address and e-mail address are to be inserted by the trader]

I/We [*] hereby give notice that I/we [*] cancel my/our [*] contract of sale of the following goods[*]/for the provision of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) [only if this form is notified on paper],

Date

ISB Act 2022-11-07

Schedule 5 Consumer Rights Act 2022 Open official source

SCHEDULE 5

Part 1 Contract terms presumed unfair

Part 1

Contract terms presumed unfair

1. A term which has the object or effect of inappropriately excluding or limiting the legal rights of the consumer in relation to the trader or another party in the event of total or partial non-performance or inadequate performance by the trader of any contractual obligations, including the option of offsetting a debt owed to the trader against any claim which the consumer may have against the trader.

2. A term which has the object or effect of making an agreement binding on the consumer whereas the supply of a service by the trader is subject to a condition whose realisation depends on the trader’s will alone.

3. A term which has the object or effect of permitting the trader to retain sums paid by the consumer where the consumer decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the trader where the trader is the party cancelling the contract.

4. A term which has the object or effect of requiring that, where the consumer decides not to conclude or perform the contract, the consumer must pay the trader a disproportionately high sum in compensation for goods, digital content, a digital service which have not been supplied.

5. A term which has the object or effect of requiring any consumer who fails to fulfil his or her obligations under the contract to pay a disproportionately high sum in compensation.

6. A term which has the object or effect of authorising the trader to dissolve the contract on a discretionary basis where the same facility is not granted to the consumer, or permitting the trader to retain the sums paid for goods, digital content, a digital service or a service not yet delivered or supplied by the trader, where it is the trader who dissolves the contract.

7. A term which has the object or effect of enabling the trader to terminate a contract of indeterminate duration without reasonable notice except where there are serious grounds for doing so.

8. A term which has the object or effect of permitting a trader, where the consumer has cancelled the contract, to retain a payment which, had the contract been performed, would have been paid to a third party in accordance with a contractual obligation or a mandatory statutory or regulatory provision.

9. A term which has the object or effect of automatically extending a contract of fixed duration where the consumer does not indicate otherwise, when the deadline fixed for the consumer to express a desire not to extend the contract is unreasonably early.

10. A term which has the object or effect of irrevocably binding the consumer to terms with which the consumer had no real opportunity of becoming acquainted before the conclusion of the contract.

11. A term which has the object or effect of enabling the trader to alter the terms of the contract unilaterally without a valid reason which is specified in the contract.

12. A term which has the object or effect of enabling the trader to alter unilaterally without a valid reason any characteristics of the goods, digital content, digital service or service to be delivered or supplied.

13. A term which has the object or effect of giving the trader the discretion to decide the price payable under the contract after the consumer has become bound by the contract, where no price or method of determining the price has been agreed with the consumer before the consumer becomes bound.

14. A term which has the object or effect of providing for the price of goods, digital content, a digital service or a service to be determined at the time of delivery or supply, or permitting a trader to increase the price of goods, digital content, a digital service or a service without giving the consumer the right to cancel the contract if the final price is too high in relation to the price agreed when the contract was concluded.

15. A term which has the object or effect of limiting the trader’s obligation to respect commitments undertaken by the trader’s agents or making the trader’s commitments subject to compliance with a particular formality.

16. A term which has the object or effect of obliging the consumer to fulfil all of his or her obligations where the trader does not perform the trader’s obligations.

17. A term which has the object or effect of giving the trader the possibility of transferring the trader’s rights and obligations under the contract, where this may serve to reduce the guarantees for the consumer, without the consumer’s agreement.

18. A term which has the object or effect of requiring a consumer to pay a fee in order to exercise a statutory right.

19. A term which has the object or effect of preventing, without a valid reason, the consumer from obtaining repairs or spare parts from another trader.

20. A term which has the object or effect of imposing disproportionate formal or other requirements where the consumer wishes to terminate the contract, whether for the purposes of switching to another trader or otherwise.

21. A term which has the object or effect of requiring from the consumer excessive advance payments or excessive guarantees of the performance of future obligations.

22. A term which has the object or effect of unduly restricting the evidence available to the consumer in respect of the performance of the contract.

23. A term which requires a consumer to restrict his or her rights as a data subject under the Data Protection Acts 1988 to 2018 or the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20162020 OJ No. L 119, 4.5.2016, p.1 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)).

20 OJ No. L 119, 4.5.2016, p.1

24. A term specified in any regulations made under section 133(4).

Part 2 Restrictions on application of Part 1

Part 2

Restrictions on application of Part 1

1. Term 7 (cancellation of contract without reasonable notice) does not include a term of a consumer contract by which a supplier of financial services reserves the right to terminate unilaterally a consumer contract of indeterminate duration without notice where there is a valid reason, provided that the supplier of financial services is required to inform the consumer and any other contracting party of the cancellation immediately.

2. Terms 11 (alteration of contract terms without valid reason) and 13 (determination of price after consumer bound by contract) do not include a term of a consumer contract whereby a supplier of financial services reserves the right to alter the rate of interest payable by or due to the consumer, or the amount of other charges for financial services payable by the consumer where there is a valid reason for doing so, provided that the supplier is required to inform the consumer and any other contracting party or parties of the alteration at the earliest opportunity and the consumer is free to dissolve the contract immediately.

3. Terms 11 (alteration of contract terms without valid reason) and 13 (determination of price after consumer bound by contract) do not include a term under which a trader reserves the right to alter unilaterally the conditions of a contract of indeterminate duration provided that the trader is required to inform the consumer of the alteration with reasonable notice and the consumer is free to dissolve the contract.

4. Terms 7 (cancellation of contract without reasonable notice), 11 (alteration of contract terms without valid reason), 13 (determination of price after consumer bound by contract) and 14 (determination of price upon delivery or increase in price) do not apply to—

(a) transactions in transferable securities, financial instruments and other products or services where the price is linked to fluctuations in a stock exchange quotation or index or a financial market rate that the trader does not control, or

(b) contracts for the purchase or sale of foreign currency, traveller’s cheques or international money orders denominated in foreign currency,

provided that the consumer is made aware of the possibility of such cancellation, alteration or determination of price in the contract before the consumer is bound by the contract.

5. Term 14 (determination of price upon delivery or increase in price) does not apply to a price-indexation clause, where otherwise lawful, provided that the method by which prices may vary is explicitly described.

ISB Act 2022-11-07

Schedule 6 Consumer Rights Act 2022 Open official source

SCHEDULE 6

Section 176

Part 1 Amendments of Acts

Part 1

Amendments of Acts

Reference (1)

Reference

(1)

Regnal Year and Number or Number and Year (2)

Regnal Year and Number or Number and Year

(2)

Short title (3)

Short title

(3)

Extent of Amendment (4)

Extent of Amendment

(4)

1.

1893 (56 & 57 Vict., c.71)

Sale of Goods Act, 1893

Section 1 is amended by the insertion of the following subsection after subsection (4)

“(5) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 3 becomes subsection (1) of that section and is amended by the insertion of the following subsection after subsection (1)

“(2) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 11 is amended by the insertion of the following subsection after subsection (4)

“(5) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 12 is amended by the insertion of the following subsection after subsection (2)

“(3) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 13 is amended by the insertion of the following subsection after subsection (3)

“(4) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 14 is amended by the insertion of the following subsection after subsection (6)

“(7) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 15 is amended by the insertion of the following subsection after subsection (2)

“(3) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 20 is amended by—

(a) the insertion of the following subsection after subsection (2)

“(2A) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”, and

“(2A) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”,

and

(b) the deletion of subsections (3) to (7).

Section 29 is amended by—

(a) the deletion of subsections (2A) to (2F), and

(b) the insertion of the following subsection after subsection (5)

“(6) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 30 is amended by the insertion of the following subsection after subsection (4)

“(5) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 31 is amended by the insertion of the following subsection after subsection (2)

“(3) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 32 is amended by—

(a) the insertion of the following subsection after subsection (3)

“(3A) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”, and

“(3A) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”,

and

(b) the deletion of subsection (4).

Section 35 becomes subsection (1) of that section and is amended by the insertion of the following subsection after subsection (1)

“(2) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 53 is amended—

(a) in subsection (1), by the deletion of “Subject to subsection (2),”,

(b) by the deletion of subsections (2) and (3), and

(c) by the insertion of the following subsection after subsection (6)

“(7) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 55 is amended by the insertion of the following subsection after subsection (8)

“(9) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 61 is amended by the insertion of the following subsection after subsection (6)

“(7) Subsection (6) shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

2.

No. 16 of 1980

Sale of Goods and Supply of Services Act 1980

Section 11 is amended by the insertion of the following subsection after subsection (4)

“(5) This section shall not apply to a contract to which Parts 2 to 4 of the Consumer Rights Act 2022 applies.”.

Section 12 is amended by the insertion of the following subsection after subsection (3)

“(4) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 13 is amended by the insertion of the following subsection after subsection (9)

“(10) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 15 becomes subsection (1) of that section and is amended by the insertion of the following subsection after subsection (1)

“(2) In subsection (1), “goods” does not include goods supplied under a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

The following section is inserted before section 39 (and after the Part number and title for Part 4)

“38A. This Part shall not apply to a contract to which Part 4 of the Consumer Rights Act 2022 applies.”.

Section 47 is amended by the insertion of the following subsection after subsection (5)

“(5A) This section shall not apply in any case where section 125 of the Consumer Rights Act 2022 applies.”.

Part 1 Amendment of Statutory Instruments

Part 1

Amendment of Statutory Instruments

Reference (1)

Reference

(1)

Number and Year (2)

Number and Year

(2)

Short title (3)

Short title

(3)

Extent of Amendment (4)

Extent of Amendment

(4)

1.

S.I. No. 14 of 2020

European Union (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2020

Regulation 7 is amended— (a) in paragraph (3), by the deletion of subparagraphs (a), (b), (d) and (i), and (b) by the insertion of the following paragraph after paragraph (3)

Regulation 7 is amended—

(a) in paragraph (3), by the deletion of subparagraphs (a), (b), (d) and (i), and

(b) by the insertion of the following paragraph after paragraph (3)

“(4) For the purposes of paragraph (2) and Regulation 8(3), a “national measure” means the following

(a) Chapters 1 to 4 of Part 3 and section 79 of the Act of 2007;

(b) Parts 5 and 6 of the Consumer Rights Act 2022.”.

Regulation 8 is amended—

(a) in paragraph (2), by the insertion of “specified in Regulation 7(3)” after “under a national measure”, and

(b) by the insertion of the following paragraphs after paragraph (2)

“(3) Where a person commits an offence under a national measure specified in Regulation 7(4), and the offence concerned also constitutes an offence under Regulation 7(2), the penalty in respect of the second mentioned offence shall be a fine not exceeding 4 per cent of the person’s annual turnover in any Member State concerned.

(4) Where a fine is to be imposed in accordance with paragraph (3) but information on the person’s annual turnover is not available, the person shall be liable to a fine not exceeding €2 million.”.

The following Regulation is inserted after Regulation 8

“8A. Where a court is determining the sentence to impose on a person convicted of an offence under Regulation 7(2), it shall take account, so far as applicable, of the following indicative and non‑exhaustive criteria

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

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

(c) any previous infringements of Regulation 7(2) by the person;

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

(e) any penalties imposed on the person for the same infringement in other Member States in cross‑border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 20172121 OJ No. L345, 27.12.2017, p 1-26 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No. 2006/2004;

21 OJ No. L345, 27.12.2017, p 1-26

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

The Schedule is amended—

(a) in column 3 opposite Reference Number 1, by the substitution of “Part 6 of the Consumer Rights Act 2022” for “European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (S.I. No. 27 of 1995)”,

(b) in column 2 opposite Reference Number 3, by the substitution of “Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 20192222 OJ No. L 136, 22.5.2019, p.28-50 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC.” for “Directive 1999/44/EC of the European Parliament and of the Council of 25 May 19952323 OJ No. L 171, 7.7.1999, p.12 on certain aspects of the sale of consumer goods and associated guarantees.”,

22 OJ No. L 136, 22.5.2019, p.28-50

23 OJ No. L 171, 7.7.1999, p.12

(c) in column 3 opposite Reference Number 3, by the substitution of “Part 2 of the Consumer Rights Act 2022” for “European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 (S.I. No. 11 of 2003)”,

(d) in column 3 opposite Reference Number 9, by the insertion of the following after Competition and Consumer Protection Act 2014 (No. 29 of 2014)”

“Communications Regulation Act 2002 (No. 20 of 2002)

“Communications Regulation Act 2002

(No. 20 of 2002)

Central Bank Act 1942 (No. 22 of 1942)

Central Bank Act 1942

(No. 22 of 1942)

Central Bank (Supervision and Enforcement) Act 2013 (No. 26 of 2013)”,

(e) in column 4 opposite Reference Number 9, by the insertion of “Commission for Communications Regulation” after “Commission”, and

(f) in column 3 opposite Reference Number 20, by the substitution of “Part 5 of the Consumer Rights Act 2022” for “European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013)”.

2.

S.I. No. 555 of 2010

European Communities (Court Orders for the Protection of Consumer Interests) Regulations 2010

The Schedule is amended by the substitution of the following paragraph for paragraph 7: “7. Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 20192424 OJ No. L 136, 22.5.2019, p.28-50 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC”.

The Schedule is amended by the substitution of the following paragraph for paragraph 7

“7. Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 20192424 OJ No. L 136, 22.5.2019, p.28-50 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC”.

24 OJ No. L 136, 22.5.2019, p.28-50

Consumer Rights Act 2022

Table of Provisions (6)

Statutory Text (6 Articles)

Need to analyze how this provision applies to your matter?