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  1. Consumer Protection Act 2007 (No. 19)
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Version status: Partly in force | Document consolidation status: Updated to reflect all known changes
Published date: 21 April 2007

Consumer Protection Act 2007 (No. 19)

Consolidation Status: Updated to reflect all known changes
Comparing proposed amendment...
Introductory Text
Acts Referred to
Part 1 Preliminary Matters (ss. 1-5)
In force
 1. Short title and commencement.
In force
 2. Interpretation and application.
In force
 3. Regulations.
In force
 4. Repeals.
In force
 5. Expenses.
Part 2 National Consumer Agency (ss. 6-40)
Chapter 1 The Agency (ss. 6-33)
Repealed
 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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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.
In force
 24A. Annual estimate of income for certain purposes.
In force
 24B. Power to impose levies.
In force
 24C. Surplus or deficiency in certain income of Agency during financial year.
In force
 24D. Arrangements in relation to collection of levies.
In force
 24E. Accounting for levies.
In force
 24F. Arrangements in relation to the collection of information relevant to levy collection.
In force
 24G. Arrangements for the secondment of certain employees.
Repealed
 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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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.
Chapter 2 Staff of Agency (ss. 34-36)
Repealed
 34. Staffing.
Repealed
 35. Transfer of employment of certain persons to Agency.
Repealed
 36. Superannuation.
Chapter 3 Transfer of Functions, etc. (ss. 37-40)
Repealed
 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.
Part 3 Commercial Practices (ss. 41-63)
Chapter 1 Unfair Commercial Practices (s. 41)
In force
 41. General prohibition on unfair commercial practices.
Chapter 2 Misleading Commercial Practices (ss. 42-51)
In force
 42. General prohibition on misleading commercial practices.
In force
 43. Misleading: false, misleading or deceptive information.
In force
 44. Misleading: competitor or product confusion in marketing or advertising.
In force
 44A. Misleading: marketing of goods as identical where significantly different.
In force
 45. Misleading: non-compliance with commitment under code of practice by which trader is bound.
In force
 46. Misleading: withholding, omitting or concealing material information.
In force
 47. Offence: misleading commercial practices.
Not yet in force
 48. Prohibition on surcharges where one method of payment chosen in preference to another.
Not yet in force
 49. Requirement that surcharge (where otherwise permissible) be stated as part of price.
In force
 50. Consumer information regulations.
In force
 51. Offences: contravening consumer information regulations.
Chapter 3 Aggressive Commercial Practices (ss. 52-54)
In force
 52. General prohibition on aggressive commercial practices.
In force
 53. Aggressive commercial practices.
In force
 54. Offence: aggressive commercial practices.
Chapter 4 Prohibited Commercial Practices (ss. 55-63)
In force
 55. Prohibited commercial practices.
In force
 56. Offence: prohibited commercial practices.
In force
 57. Price display regulations.
In force
 58. Offence: price display contraventions.
In force
 59. Offence: weighing facilities in grocery retail.
In force
 60. Offence: preventing the reading of prices.
In force
 61. State of emergency affecting supply of a product.
In force
 62. Power to fix maximum prices during state of emergency.
In force
 63. Offence: contravening maximum price orders.
Chapter 5 Grocery Goods Undertakings (ss. 63A-63E)
In force
 63A. Interpretation.
In force
 63B. Regulations in respect of grocery goods undertakings.
In force
 63C. Inspections and investigations by the Commission.
In force
 63D. Contravention notices.
In force
 63E. Enforcement.
Part 4 Pyramid Promotional Schemes (ss. 64-66)
In force
 64. Definition (Part 4).
In force
 65. Indictable offence: participating in, establishing, operating or promoting pyramid promotional schemes.
In force
 66. Pyramid promotional scheme agreements void.
Part 4A Gift Voucher Contracts (ss. 66A-66B)
In force
 66A. Definitions and application.
In force
 66B. Terms of gift voucher contracts.
Part 5 Proceedings, Remedies and Penalties (ss. 67-86)
Chapter 1 Interpretation and General Matters related to Proceedings (ss. 67-70)
In force
 67. Definition (Part 5).
In force
 68. Presumption respecting representations.
In force
 69. Advertisers.
In force
 70. Offence of trader due to act or default of another person.
Chapter 2 Civil Proceedings (ss. 71-74A)
In force
 71. Civil relief by way of prohibition orders.
In force
 72. Prohibition orders against code owners.
In force
 73. Undertakings with the Agency.
In force
 74. Consumer's right of action for damages.
Not yet in force
⚠ 74A. Consumer's right to price reduction and termination of contract.
Chapter 3 Compliance Notices (s. 75)
In force
 75. Compliance notices.
Chapter 4 Criminal Proceedings (ss. 76-84A)
Repealed
 76. Time limit for instituting proceedings.
In force
 77. Liability for offences by bodies corporate.
In force
 77A. Time limit for instituting summary proceedings.
In force
 78. Defence of due diligence.
In force
 79. Fines and penalties.
In force
 80. Convicted persons liable for costs and expenses of proceedings and investigation.
In force
 81. Convicted traders liable to compensate consumers for loss or damage.
In force
 82. Court may order convicted person to publish corrective statement.
In force
 83. Summary trial of persons indicted.
In force
 84. Agency may institute summary proceedings for offences.
In force
 84A. Commission for Communications Regulation may institute summary proceedings for certain offences.
Chapter 5 Fixed Payment Notices (s. 85)
In force
 85. Fixed payment notices for price display and product pricing offences.
Chapter 6 Publication of Trader Names (Consumer Protection List) (s. 86)
In force
 86. Agency may publish information respecting certain persons.
Chapter 6A Publication of Names (Grocery Goods Undertakings List) (s. 86A)
In force
 86A. Commission may publish certain information in respect of grocery goods undertakings.
Part 6 Miscellaneous (ss. 87-102)
In force
 87. Protections for persons reporting breaches.
In force
 88. Voluntary submission of codes for Agency review and approval.
In force
 89. Admissibility of codes of practice in proceedings.
In force
 90. Agency guidelines.
In force
 91. Saving for certain contracts.
In force
 92. Saving of current price display orders.
In force
 93. Transitional.
In force
 94. Amendment of Central Bank Act 1942.
In force
 95. Amendment of Sale of Goods and Supply of Services Act 1980.
In force
 96. Saving for other rights person may have.
In force
 97. Amendment of Industrial Development Act 1993.
In force
 98. Amendment of Casual Trading Act 1995.
In force
 99. Amendment of Hallmarking Act 1981.
In force
 100. Power of officer of customs and excise to detain unsafe goods.
In force
 101. Directions under certain instruments respecting product safety: actions of third parties.
In force
 102. Admissibility of certain laboratory tests.
Schedule 1 Existing Enactments
In force
 Schedule 1, Part 1 Enactments - Acts of the Oireachtas
In force
 Schedule 1, Part 2 Enactments made under the European Communities Act 1972 which are existing Enactments
In force
 Schedule 2 Repeals
Schedule 3 References in Certain Acts and Instruments to Director or Office of Director
In force
 Schedule 3, Part 1 References in Certain Acts to Director of Consumer Affairs or Office of the Director of Consumer Affairs
In force
 Schedule 3, Part 2 References in Certain Instruments to Director of Consumer Affairs or Office of the Director of Consumer Affairs
In force
 Schedule 4 Enactments for the purpose of section 73 (Undertakings with the Agency)
In force
 Schedule 5 Enactments for the purpose of section 75 (Compliance notices)
In force
 Schedule 6 Redress for contravention of section 87
In force
 Schedule 7 Statutory Instruments for the purposes of sections 101 and 102 (Directions respecting product safety and admissibility of laboratory tests)
In force
 Schedule 8 Directives for the purpose of section 102 (Admissibility of laboratory tests)
In force
 Schedule 9 Relevant Statutory Instrument
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