IE
(LRC Revised)
Statutory Text (1 Articles)
Number 19 of 2007
CONSUMER PROTECTION ACT 2007
REVISED
Updated to 24 November 2025
Changes to legislation
as of 10 July 2026, there are changes to this Act which have not been implemented by the Revised Acts editorial team, see highlighted entries
here
. Note that some amendments may not be in force until commenced by a commencement order or other provision.
This Revised Act is an administrative consolidation of the
Consumer Protection Act 2007
. It is prepared by the Law Reform Commission in accordance with its function under
the
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including the
Electricity (Supply) (Amendment) Act 2025
(12/2025), enacted 20 November 2025, and all statutory instruments up to and
including the
Consumer Protection Act 2007 (Competition and Consumer Protection Commission) Levy
Regulations 2025
(S.I. No. 547 of 2025), made 18 November 2025, were considered in the preparation
of this revision.
Disclaimer: While every care has been taken in the preparation of this Revised Act,
the Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email
to
revisedacts@lawreform.ie.
Number
19
of
2007
CONSUMER PROTECTION ACT 2007
REVISED
Updated to 24 November 2025
ARRANGEMENT OF SECTIONS
PART 1
Preliminary Matters
Section
1. Short title and commencement.
2. Interpretation and application.
3. Regulations.
4. Repeals.
5. Expenses.
PART 2
National Consumer Agency
Chapter 1
The Agency
6. Establishment
day.
(Repealed)
7. Establishment
of Agency.
(Repealed)
8. Functions of
Agency.
(Repealed)
8A.
Supplementary powers of Agency with respect to carrying out certain
responsibilities.
(Repealed)
9. Review of
legislation.
(Repealed)
10. Membership
of Agency.
(Repealed)
11. Chairperson
of Agency.
(Repealed)
12. Meetings and
procedures of Agency.
(Repealed)
13.
Committees.
(Repealed)
14. Chief
executive.
(Repealed)
15. Functions of
chief executive.
(Repealed)
16. Attendance
of chief executive before Committee of Public Accounts.
(Repealed)
17. Attendance
of chief executive before other Oireachtas Committees.
(Repealed)
18. Membership
of either House of the Oireachtas, European Parliament or local authority.
(Repealed)
19. Indemnity
for members of Agency.
(Repealed)
20. Strategy
statement and work programme of Agency.
(Repealed)
21. Provision
for co-operation between Agency and certain prescribed bodies.
(Repealed)
22. Reports and
information to Minister.
(Repealed)
23. Accounts and
audits.
(Repealed)
24. Advances by
Minister to Agency.
(Repealed)
24A. Annual estimate of income for certain purposes.
24B. Power to impose levies.
24C. Surplus or deficiency in certain income of Agency during financial year.
24D. Arrangements in relation to collection of levies.
24E. Accounting for levies.
25. Disclosure
of interests.
(Repealed)
26. Power to
enter into contracts and to engage consultants and advisers.
(Repealed)
27. Premises of
Agency.
(Repealed)
28. Seal of
Agency.
(Repealed)
29. Power to
borrow.
(Repealed)
30. Authorised
officers of Agency.
(Repealed)
31. Disclosure
of information relating to offences.
(Repealed)
32. Prohibition
on unauthorised disclosure of information.
(Repealed)
33. Amendment of
Freedom of Information Act 1997.
(Repealed)
Chapter 2
Staff of Agency
34.
Staffing.
(Repealed)
35. Transfer of
employment of certain persons to Agency.
(Repealed)
36.
Superannuation.
(Repealed)
Chapter 3
Transfer of Functions, etc.
37. Transfer of
functions to Agency.
(Repealed)
38. Preservation
of existing contracts.
(Repealed)
39. Transfer of
assets and liabilities.
(Repealed)
40. References
in certain other enactments to Director or Office of Director.
(Repealed)
PART 3
Commercial Practices
Chapter 1
Unfair Commercial Practices
41. General prohibition on unfair commercial practices.
Chapter 2
Misleading Commercial Practices
42. General prohibition on misleading commercial practices.
43. Misleading: false, misleading or deceptive information.
44. Misleading: competitor or product confusion in marketing or advertising.
44A. Misleading: marketing of goods as identical where significantly different.
45. Misleading: non-compliance with commitment under code of practice by which trader
is bound.
46. Misleading: withholding, omitting or concealing material information.
47. Offence: misleading commercial practices.
48. Prohibition on surcharges where one method of payment chosen in preference to
another.
49. Requirement that surcharge (where otherwise permissible) be stated as part of
price.
50. Consumer information regulations.
51. Offences: contravening consumer information regulations.
Chapter 3
Aggressive Commercial Practices
52. General prohibition on aggressive commercial practices.
53. Aggressive commercial practices.
54. Offence: aggressive commercial practices.
Chapter 4
Prohibited Commercial Practices
55. Prohibited commercial practices.
56. Offence: prohibited commercial practices.
57. Price display regulations.
58. Offence: price display contraventions.
59. Offence: weighing facilities in grocery retail.
60. Offence: preventing the reading of prices.
61. State of emergency affecting supply of a product.
62. Power to fix maximum prices during state of emergency.
63. Offence: contravening maximum price orders.
Chapter 5
Grocery Goods Undertakings
63A.
Interpretation.
63B.
Regulations in respect of grocery goods undertakings.
63C.
Inspections and investigations by the Commission.
63D.
Contravention notices.
63E.
Enforcement.
PART 4
Pyramid Promotional Schemes
64. Definition (
Part 4
).
65. Indictable offence: participating in, establishing, operating or promoting pyramid
promotional schemes.
66. Pyramid promotional scheme agreements void.
PART 4A
Gift Voucher Contracts
66A. Definitions and application.
66B. Terms of gift voucher contracts.
PART 5
Proceedings, Remedies and Penalties
Chapter 1
Interpretation and General Matters related to Proceedings
67. Definition (
Part 5
).
68. Presumption respecting representations.
69. Advertisers.
70. Offence of trader due to act or default of another person.
Chapter 2
Civil Proceedings
71. Civil relief by way of prohibition orders.
72. Prohibition orders against code owners.
73. Undertakings with the Agency.
74. Consumer's right of action for damages.
74A. Consumer’s
right to price reduction and termination of contract.
Chapter 3
Compliance Notices
75. Compliance notices.
Chapter 4
Criminal Proceedings
76. Time limit for instituting proceedings.
77. Liability for offences by bodies corporate.
77A. Time limit for instituting summary proceedings.
78. Defence of due diligence.
79. Fines and penalties.
80. Convicted persons liable for costs and expenses of proceedings and investigation.
81. Convicted traders liable to compensate consumers for loss or damage.
82. Court may order convicted person to publish corrective statement.
83. Summary trial of persons indicted.
84. Agency may institute summary proceedings for offences.
84A. Commission for Communications Regulation may institute summary proceedings for
certain offences.
Chapter 5
Fixed Payment Notices
85. Fixed payment notices for price display and product pricing offences.
Chapter 6
Publication of Trader Names (Consumer Protection List)
86. Agency may publish information respecting certain persons.
Chapter 6A
Publication of Names (Grocery Goods Undertakings List)
86A.
Commission may publish certain information in respect of grocery goods
undertakings.
PART 6
Miscellaneous
87. Protections for persons reporting breaches.
88. Voluntary submission of codes for Agency review and approval.
89. Admissibility of codes of practice in proceedings.
90. Agency guidelines.
91. Saving for certain contracts.
92. Saving of current price display orders.
93. Transitional.
94. Amendment of Central Bank Act 1942.
95. Amendment of Sale of Goods and Supply of Services Act 1980.
96. Saving for other rights person may have.
97. Amendment of Industrial Development Act 1993.
98. Amendment of Casual Trading Act 1995.
99. Amendment of Hallmarking Act 1981.
100. Power of officer of customs and excise to detain unsafe goods.
101. Directions under certain instruments respecting product safety: actions of third
parties.
102. Admissibility of certain laboratory tests.
SCHEDULE 1
Existing Enactments
PART 1
Enactments — Acts of the Oireachtas
PART 2
Enactments made under the European Communities Act 1972 which are existing Enactments
SCHEDULE 2
Repeals
SCHEDULE 3
References in Certain Acts and Instruments to Director or Office of Director
PART 1
References in Certain Acts 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
SCHEDULE 4
Enactments for the purpose of section
73
(Undertakings with the Agency)
SCHEDULE 5
Enactments for the purpose of section
75
(Compliance notices)
SCHEDULE 6
Redress for contravention of section 87
SCHEDULE 7
Statutory Instruments for the purposes of sections 101 and 102 (Directions respecting
product safety and admissibility of laboratory tests)
SCHEDULE 8
Directives for the purpose of section 102 (Admissibility of laboratory tests)
SCHEDULE 9
Relevant statutory instruments
Acts Referred to
Agricultural Produce (Fresh Meat) Act 1930
1930, No. 10
Agricultural Produce (Potatoes) Act 1931
1931, No. 26
Anglo-Portuguese Commercial Treaty Act 1914
5 & 6 Geo. 5., c. 1
Anglo-Portuguese Commercial Treaty Act 1916
6 & 7 Geo. 5., c. 39
Carer’s Leave Act 2001
2001, No. 19
Casual Trading Act 1995
1995, No. 19
Central Bank Act 1942
1942, No. 22
Central Bank and Financial Services Authority of Ireland Act 2003
2003, No. 12
Central Bank and Financial Services Authority of Ireland Act 2004
2004, No. 21
Companies Act 1990
1990, No. 33
Competition Act 2002
2002, No. 14
Comptroller and Auditor General (Amendment) Act 1993
1993, No. 8
Consumer Credit Act 1995
1995, No. 24
Consumer Information Act 1978
1978, No. 1
Criminal Procedure Act 1967
1967, No. 12
Electronic Commerce Act 2000
2000, No. 27
European Communities (Amendment) Act 1993
1993, No. 25
European Communities Act 1972
1972, No. 27
European Parliament Elections Act 1997
1997, No. 2
Food Safety Authority of Ireland Act 1998
1998, No. 29
Freedom of Information Act 1997
1997, No. 13
Hallmarking Act 1981
1981, No. 18
Industrial Development Act 1986
1986, No. 9
Industrial Development Act 1993
1993, No. 19
Interpretation Act 2005
2005, No. 23
Investment Funds, Companies and Miscellaneous Provisions Act 2006
2006, No. 41
Liability for Defective Products Act 1991
1991, No. 28
Local Government Act 2001
2001, No. 37
Merchandise Marks Act 1887
50 & 51 Vic., c. 28
Merchandise Marks Act 1891
54 & 55 Vic., c. 15
Merchandise Marks Act 1911
1 & 2 Geo. 5., c. 31
Merchandise Marks Act 1931
1931, No. 48
Merchandise Marks Act 1970
1970, No. 10
Merchandise Marks Acts 1887 to 1978
Minimum Notice and Terms of Employment Acts 1973 to 2005
National Archives Act 1986
1986, No. 11
National Standards Authority of Ireland Act 1996
1996, No. 28
Occasional Trading Act 1979
1979, No. 35
Official Languages Act 2003
2003, No. 32
Ombudsman Act 1980
1980, No. 26
Ombudsman for Children Act 2002
2002, No. 22
Organisation of Working Time Act 1997
1997, No. 20
Packaged Goods (Quantity Control) Act 1980
1980, No. 11
Package Holidays and Travel Trade Act 1995
1995, No. 17
Parental Leave Acts 1998 and 2006
Pawnbrokers Act 1964
1964, No. 31
Personal Injuries Assessment Board Act 2003
2003, No. 46
Portuguese Treaty Act 1930
1930, No. 35
Prices (Amendment) Act 1972
1972, No. 20
Prices Act 1958
1958, No. 4
Prompt Payment of Accounts Act 1997
1997, No. 31
Protection of Employees (Fixed-Term Work) Act 2003
2003, No. 29
Protection of Employees (Part-Time Work) Act 2001
2001, No. 45
Pyramid Selling Act 1980
1980, No. 27
Redundancy Payments Acts 1967 to 2003
Restrictive Practices (Amendment) Act 1987
1987, No. 31
Road Traffic Act 1968
1968, No. 25
Sale of Goods and Supply of Services Act 1980
1980, No. 16
Seed Production Act 1955
1955, No. 14
Spanish Trade Agreement Act 1936
1936, No. 6
Taxes Consolidation Act 1997
1997, No. 39
Terms of Employment (Information) Act 1994
1994, No. 5
Terms of Employment (Information) Acts 1994 and 2001
Trading Stamps Act 1980
1980, No. 23
Unfair Dismissals Act 1977
1977, No. 10
Unfair Dismissals Acts 1977 to 2005
Veterinary Practice Act 2005
2005, No. 22
Number
19
of
2007
CONSUMER PROTECTION ACT 2007
REVISED
Updated to 24 November 2025
AN ACT TO GIVE EFFECT TO THE UNFAIR COMMERCIAL PRACTICES DIRECTIVE (DIRECTIVE NO.
2005/29/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 11 MAY 2005), TO ESTABLISH
A BODY TO BE KNOWN AS AN GHNÍOMHAIREACHT NÁISIÚNTA TOMHALTÓIRÍ OR, IN THE ENGLISH LANGUAGE, THE NATIONAL CONSUMER AGENCY AND TO DEFINE ITS FUNCTIONS,
TO MAKE NEW PROVISION IN RELATION TO PYRAMID SELLING SCHEMES, TO AMEND THE INDUSTRIAL
DEVELOPMENT ACT 1993 AND TO PROVIDE FOR RELATED MATTERS.
[21
st April
, 2007]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering text)
C1
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by
Finance (Transfer of Departmental Administration and Ministerial Functions) Order
2011
(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions
transferred by this Order are transferred to the Department of Public Expenditure
and Reform.
(2) References to the Department of Finance contained in any Act or instrument made
thereunder and relating to the administration and business transferred by paragraph
(1) shall, on and after the commencement of this Order, be construed as references
to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions
of —
(
a
) the enactments
specified in Schedule 1, and
(
b
) the statutory
instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under
an Act and relating to any functions transferred by this Order shall, from the commencement
of this Order, be construed as references to the Minister for Public Expenditure and
Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
...
...
...
No. 19 of 2007
Consumer Protection Act 2007
Sections 7(2), 23(2), 24, 27 and 85(7)
...
...
...
C2
Application of Act extended by
Central Bank Act 1942
(22/1942), subss. 5A(4) to (9), as substituted (1.10.2010) by
Central Bank Reform Act 2010
(23/2010), s. 14(1) and sch. 1 part 1 item 21, S.I. No. 469 of 2010.
General functions and
powers of the Bank.
5A.
— ...
(4) The functions of the Agency specified in subsection (5) are, in so far as they
relate to a financial service provided by a regulated financial service provider,
also functions of the Bank and subsections (6) to (8) have effect for the purposes
of this subsection.
(5) The functions of the Agency referred to in subsection (4) are the following functions
of it under the
Consumer Protection Act 2007
, namely, functions under
—
(
a
) subsections (1), (4), (5) and (6) of section 8 of that Act in relation to—
(i) sections 41 to 49 and 51 to 56 of that Act, and
(ii) the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995
and 2000 (
S.I. No. 27 of 1995
and
S.I. No. 307 of 2000
),
and
(
b
) sections 30, 71, 72, 73, 75, 81, 82, 84, 86, 88 and 90 of that Act.
(6) Subsection (4) operates to vest in the Bank, concurrently with the vesting in
the Agency of those functions by the
Consumer Protection Act 2007
, the functions specified in subsection (5).
(7) Accordingly—
(
a
) the functions so specified are, subject to any relevant co-operation agreement entered
into under
section 21
of the
Consumer Protection Act 2007
, capable of being performed by either the Agency or the Bank, and
(
b
) subject to subsection (9), references to the Agency in the provisions of that Act
specified in subsection (5) are to be read as including references to the Bank and
those provisions otherwise apply.
(8) Subject to subsection (9),
sections 80
,
85
and
87
of the
Consumer Protection Act 2007
apply to the Bank as they apply to the Agency and, accordingly, references to the
Agency in those sections are to be read as including references to the Bank.
(9) Where any section of the
Consumer Protection Act 2007
specified in subsection (5) or (8) provides for anything to be done in relation to
the Agency (whether the giving of notice to it, the submitting of a thing to it or
the doing of any other thing) then, if a co-operation agreement entered into under
section 21 of that Act so specifies, it is sufficient compliance with the section
concerned if the thing is done in relation to the Agency or the Bank as is specified
in that agreement.
...
Editorial Notes
E1
Note consumer protection provisions (21.03.2016) in
European Union (Consumer Mortgage Credit Agreements) Regulations 2016
(S.I. No. 142 of 2016), in effect as per reg. 2.
E2
Power of National Consumer Agency to inspect and examine licence records for purposes
of assisting with investigations into commercial practices connected with motor vehicles
under Act prescribed (29.10.2013) by
Finance Act 1993 (Section 60) Regulations 2013
(S.I. No. 414 of 2013), reg. 2 and sch.
E3
Note consumer protection provisions (15.03.2013) in
European Union (Requirements for Credit Transfers and Direct Debits in Euro) Regulations
2013
(S.I. No. 132 of 2013), in effect as per reg. 1(2), as amended (26.04.2016) by
European Union (Requirements for Credit Transfers and Direct Debits in Euro) (Amendment)
Regulations 2016
(S.I. No. 204 of 2016).
E4
Act included in definition of “designated enactments” for purposes of
Central Bank Act 1942
(22/1942) by
Central Bank Act 1942
(22/1942), s. 2(1) and sch. 2 part 1 item 33, as substituted (1.10.2010) by
Central Bank Reform Act 2010
(23/2010), s. 14(1) and sch. 1 part 1 items 6 and 82, S.I. No. 469 of 2010.
E5
National Consumer Agency designated as the competent authority under Article 4(1)
of Regulation (EC) No. 2006/2004 of the European Parliament of the Council of 27 October
2004 on cooperation between national authorities responsible for the enforcement of
consumer protection laws, as amended, for the enforcement of certain laws that protect
consumers’ interests under Act by
European Communities (Cooperation between National Authorities Responsible for the
Enforcement of Consumer Protection Laws) Regulations 2006
(S.I. No. 290 of 2006), reg. 4 and sch. items 6 and 16; as amended (1.08.2008) by
European Communities (Cooperation between National Authorities Responsible for the
Enforcement of Consumer Protection Laws) (Amendment) Regulations 2008
(S.I. No. 316 of 2008), reg. 3(b) and (16.11.2012) by
European Communities (Cooperation between National Authorities Responsible for the
Enforcement of Consumer Protection Laws) (Amendment) Regulations 2012
(S.I. No. 485 of 2012), reg. 3(c)(iv).
Annotations
Modifications (not altering text)
C1
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by
Finance (Transfer of Departmental Administration and Ministerial Functions) Order
2011
(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions
transferred by this Order are transferred to the Department of Public Expenditure
and Reform.
(2) References to the Department of Finance contained in any Act or instrument made
thereunder and relating to the administration and business transferred by paragraph
(1) shall, on and after the commencement of this Order, be construed as references
to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions
of —
(
a
) the enactments
specified in Schedule 1, and
(
b
) the statutory
instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under
an Act and relating to any functions transferred by this Order shall, from the commencement
of this Order, be construed as references to the Minister for Public Expenditure and
Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
...
...
...
No. 19 of 2007
Consumer Protection Act 2007
Sections 7(2), 23(2), 24, 27 and 85(7)
...
...
...
C2
Application of Act extended by
Central Bank Act 1942
(22/1942), subss. 5A(4) to (9), as substituted (1.10.2010) by
Central Bank Reform Act 2010
(23/2010), s. 14(1) and sch. 1 part 1 item 21, S.I. No. 469 of 2010.
General functions and
powers of the Bank.
5A.
— ...
(4) The functions of the Agency specified in subsection (5) are, in so far as they
relate to a financial service provided by a regulated financial service provider,
also functions of the Bank and subsections (6) to (8) have effect for the purposes
of this subsection.
(5) The functions of the Agency referred to in subsection (4) are the following functions
of it under the
Consumer Protection Act 2007
, namely, functions under
—
(
a
) subsections (1), (4), (5) and (6) of section 8 of that Act in relation to—
(i) sections 41 to 49 and 51 to 56 of that Act, and
(ii) the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995
and 2000 (
S.I. No. 27 of 1995
and
S.I. No. 307 of 2000
),
and
(
b
) sections 30, 71, 72, 73, 75, 81, 82, 84, 86, 88 and 90 of that Act.
(6) Subsection (4) operates to vest in the Bank, concurrently with the vesting in
the Agency of those functions by the
Consumer Protection Act 2007
, the functions specified in subsection (5).
(7) Accordingly—
(
a
) the functions so specified are, subject to any relevant co-operation agreement entered
into under
section 21
of the
Consumer Protection Act 2007
, capable of being performed by either the Agency or the Bank, and
(
b
) subject to subsection (9), references to the Agency in the provisions of that Act
specified in subsection (5) are to be read as including references to the Bank and
those provisions otherwise apply.
(8) Subject to subsection (9),
sections 80
,
85
and
87
of the
Consumer Protection Act 2007
apply to the Bank as they apply to the Agency and, accordingly, references to the
Agency in those sections are to be read as including references to the Bank.
(9) Where any section of the
Consumer Protection Act 2007
specified in subsection (5) or (8) provides for anything to be done in relation to
the Agency (whether the giving of notice to it, the submitting of a thing to it or
the doing of any other thing) then, if a co-operation agreement entered into under
section 21 of that Act so specifies, it is sufficient compliance with the section
concerned if the thing is done in relation to the Agency or the Bank as is specified
in that agreement.
...
Editorial Notes
E1
Note consumer protection provisions (21.03.2016) in
European Union (Consumer Mortgage Credit Agreements) Regulations 2016
(S.I. No. 142 of 2016), in effect as per reg. 2.
E2
Power of National Consumer Agency to inspect and examine licence records for purposes
of assisting with investigations into commercial practices connected with motor vehicles
under Act prescribed (29.10.2013) by
Finance Act 1993 (Section 60) Regulations 2013
(S.I. No. 414 of 2013), reg. 2 and sch.
E3
Note consumer protection provisions (15.03.2013) in
European Union (Requirements for Credit Transfers and Direct Debits in Euro) Regulations
2013
(S.I. No. 132 of 2013), in effect as per reg. 1(2), as amended (26.04.2016) by
European Union (Requirements for Credit Transfers and Direct Debits in Euro) (Amendment)
Regulations 2016
(S.I. No. 204 of 2016).
E4
Act included in definition of “designated enactments” for purposes of
Central Bank Act 1942
(22/1942) by
Central Bank Act 1942
(22/1942), s. 2(1) and sch. 2 part 1 item 33, as substituted (1.10.2010) by
Central Bank Reform Act 2010
(23/2010), s. 14(1) and sch. 1 part 1 items 6 and 82, S.I. No. 469 of 2010.
E5
National Consumer Agency designated as the competent authority under Article 4(1)
of Regulation (EC) No. 2006/2004 of the European Parliament of the Council of 27 October
2004 on cooperation between national authorities responsible for the enforcement of
consumer protection laws, as amended, for the enforcement of certain laws that protect
consumers’ interests under Act by
European Communities (Cooperation between National Authorities Responsible for the
Enforcement of Consumer Protection Laws) Regulations 2006
(S.I. No. 290 of 2006), reg. 4 and sch. items 6 and 16; as amended (1.08.2008) by
European Communities (Cooperation between National Authorities Responsible for the
Enforcement of Consumer Protection Laws) (Amendment) Regulations 2008
(S.I. No. 316 of 2008), reg. 3(b) and (16.11.2012) by
European Communities (Cooperation between National Authorities Responsible for the
Enforcement of Consumer Protection Laws) (Amendment) Regulations 2012
(S.I. No. 485 of 2012), reg. 3(c)(iv).
ARRANGEMENT OF SECTIONS
PART 1
Preliminary Matters
Section
1. Short title and commencement.
2. Interpretation and application.
3. Regulations.
4. Repeals.
5. Expenses.
PART 2
National Consumer Agency
Chapter 1
The Agency
6. Establishment
day.
(Repealed)
7. Establishment
of Agency.
(Repealed)
8. Functions of
Agency.
(Repealed)
8A.
Supplementary powers of Agency with respect to carrying out certain
responsibilities.
(Repealed)
9. Review of
legislation.
(Repealed)
10. Membership
of Agency.
(Repealed)
11. Chairperson
of Agency.
(Repealed)
12. Meetings and
procedures of Agency.
(Repealed)
13.
Committees.
(Repealed)
14. Chief
executive.
(Repealed)
15. Functions of
chief executive.
(Repealed)
16. Attendance
of chief executive before Committee of Public Accounts.
(Repealed)
17. Attendance
of chief executive before other Oireachtas Committees.
(Repealed)
18. Membership
of either House of the Oireachtas, European Parliament or local authority.
(Repealed)
19. Indemnity
for members of Agency.
(Repealed)
20. Strategy
statement and work programme of Agency.
(Repealed)
21. Provision
for co-operation between Agency and certain prescribed bodies.
(Repealed)
22. Reports and
information to Minister.
(Repealed)
23. Accounts and
audits.
(Repealed)
24. Advances by
Minister to Agency.
(Repealed)
24A. Annual estimate of income for certain purposes.
24B. Power to impose levies.
24C. Surplus or deficiency in certain income of Agency during financial year.
24D. Arrangements in relation to collection of levies.
24E. Accounting for levies.
25. Disclosure
of interests.
(Repealed)
26. Power to
enter into contracts and to engage consultants and advisers.
(Repealed)
27. Premises of
Agency.
(Repealed)
28. Seal of
Agency.
(Repealed)
29. Power to
borrow.
(Repealed)
30. Authorised
officers of Agency.
(Repealed)
31. Disclosure
of information relating to offences.
(Repealed)
32. Prohibition
on unauthorised disclosure of information.
(Repealed)
33. Amendment of
Freedom of Information Act 1997.
(Repealed)
Chapter 2
Staff of Agency
34.
Staffing.
(Repealed)
35. Transfer of
employment of certain persons to Agency.
(Repealed)
36.
Superannuation.
(Repealed)
Chapter 3
Transfer of Functions, etc.
37. Transfer of
functions to Agency.
(Repealed)
38. Preservation
of existing contracts.
(Repealed)
39. Transfer of
assets and liabilities.
(Repealed)
40. References
in certain other enactments to Director or Office of Director.
(Repealed)
PART 3
Commercial Practices
Chapter 1
Unfair Commercial Practices
41. General prohibition on unfair commercial practices.
Chapter 2
Misleading Commercial Practices
42. General prohibition on misleading commercial practices.
43. Misleading: false, misleading or deceptive information.
44. Misleading: competitor or product confusion in marketing or advertising.
44A. Misleading: marketing of goods as identical where significantly different.
45. Misleading: non-compliance with commitment under code of practice by which trader
is bound.
46. Misleading: withholding, omitting or concealing material information.
47. Offence: misleading commercial practices.
48. Prohibition on surcharges where one method of payment chosen in preference to
another.
49. Requirement that surcharge (where otherwise permissible) be stated as part of
price.
50. Consumer information regulations.
51. Offences: contravening consumer information regulations.
Chapter 3
Aggressive Commercial Practices
52. General prohibition on aggressive commercial practices.
53. Aggressive commercial practices.
54. Offence: aggressive commercial practices.
Chapter 4
Prohibited Commercial Practices
55. Prohibited commercial practices.
56. Offence: prohibited commercial practices.
57. Price display regulations.
58. Offence: price display contraventions.
59. Offence: weighing facilities in grocery retail.
60. Offence: preventing the reading of prices.
61. State of emergency affecting supply of a product.
62. Power to fix maximum prices during state of emergency.
63. Offence: contravening maximum price orders.
Chapter 5
Grocery Goods Undertakings
63A.
Interpretation.
63B.
Regulations in respect of grocery goods undertakings.
63C.
Inspections and investigations by the Commission.
63D.
Contravention notices.
63E.
Enforcement.
PART 4
Pyramid Promotional Schemes
64. Definition (
Part 4
).
65. Indictable offence: participating in, establishing, operating or promoting pyramid
promotional schemes.
66. Pyramid promotional scheme agreements void.
PART 4A
Gift Voucher Contracts
66A. Definitions and application.
66B. Terms of gift voucher contracts.
PART 5
Proceedings, Remedies and Penalties
Chapter 1
Interpretation and General Matters related to Proceedings
67. Definition (
Part 5
).
68. Presumption respecting representations.
69. Advertisers.
70. Offence of trader due to act or default of another person.
Chapter 2
Civil Proceedings
71. Civil relief by way of prohibition orders.
72. Prohibition orders against code owners.
73. Undertakings with the Agency.
74. Consumer's right of action for damages.
74A. Consumer’s
right to price reduction and termination of contract.
Chapter 3
Compliance Notices
75. Compliance notices.
Chapter 4
Criminal Proceedings
76. Time limit for instituting proceedings.
77. Liability for offences by bodies corporate.
77A. Time limit for instituting summary proceedings.
78. Defence of due diligence.
79. Fines and penalties.
80. Convicted persons liable for costs and expenses of proceedings and investigation.
81. Convicted traders liable to compensate consumers for loss or damage.
82. Court may order convicted person to publish corrective statement.
83. Summary trial of persons indicted.
84. Agency may institute summary proceedings for offences.
84A. Commission for Communications Regulation may institute summary proceedings for
certain offences.
Chapter 5
Fixed Payment Notices
85. Fixed payment notices for price display and product pricing offences.
Chapter 6
Publication of Trader Names (Consumer Protection List)
86. Agency may publish information respecting certain persons.
Chapter 6A
Publication of Names (Grocery Goods Undertakings List)
86A.
Commission may publish certain information in respect of grocery goods
undertakings.
PART 6
Miscellaneous
87. Protections for persons reporting breaches.
88. Voluntary submission of codes for Agency review and approval.
89. Admissibility of codes of practice in proceedings.
90. Agency guidelines.
91. Saving for certain contracts.
92. Saving of current price display orders.
93. Transitional.
94. Amendment of Central Bank Act 1942.
95. Amendment of Sale of Goods and Supply of Services Act 1980.
96. Saving for other rights person may have.
97. Amendment of Industrial Development Act 1993.
98. Amendment of Casual Trading Act 1995.
99. Amendment of Hallmarking Act 1981.
100. Power of officer of customs and excise to detain unsafe goods.
101. Directions under certain instruments respecting product safety: actions of third
parties.
102. Admissibility of certain laboratory tests.
SCHEDULE 1
Existing Enactments
PART 1
Enactments — Acts of the Oireachtas
PART 2
Enactments made under the European Communities Act 1972 which are existing Enactments
SCHEDULE 2
Repeals
SCHEDULE 3
References in Certain Acts and Instruments to Director or Office of Director
PART 1
References in Certain Acts 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
SCHEDULE 4
Enactments for the purpose of section
73
(Undertakings with the Agency)
SCHEDULE 5
Enactments for the purpose of section
75
(Compliance notices)
SCHEDULE 6
Redress for contravention of section 87
SCHEDULE 7
Statutory Instruments for the purposes of sections 101 and 102 (Directions respecting
product safety and admissibility of laboratory tests)
SCHEDULE 8
Directives for the purpose of section 102 (Admissibility of laboratory tests)
SCHEDULE 9
Relevant statutory instruments