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Consumer Protection Act 2007 (No. 19)Introductory TextActs Referred toPart 1 Preliminary Matters (ss. 1-5)1. Short title and commencement.2. Interpretation and application.3. Regulations.4. Repeals.5. Expenses.Part 2 National Consumer Agency (ss. 6-40)Chapter 1 The Agency (ss. 6-33)6. Establishment day.7. Establishment of Agency.8. Functions of Agency.8A. Supplementary powers of Agency with respect to carrying out certain responsibilities.9. Review of legislation.10. Membership of Agency.11. Chairperson of Agency.12. Meetings and procedures of Agency.13. Committees.14. Chief executive.15. Functions of chief executive.16. Attendance of chief executive before Committee of Public Accounts.17. Attendance of chief executive before other Oireachtas Committees.18. Membership of either House of the Oireachtas, European Parliament or local authority.19. Indemnity for members of Agency.20. Strategy statement and work programme of Agency.21. Provision for co-operation between Agency and certain prescribed bodies.22. Reports and information to Minister.23. Accounts and audits.24. Advances by Minister to Agency.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.24F. Arrangements in relation to the collection of information relevant to levy collection.24G. Arrangements for the secondment of certain employees.25. Disclosure of interests.26. Power to enter into contracts and to engage consultants and advisers.27. Premises of Agency.28. Seal of Agency.29. Power to borrow.30. Authorised officers of Agency.31. Disclosure of information relating to offences.32. Prohibition on unauthorised disclosure of information.33. Amendment of Freedom of Information Act 1997.Chapter 2 Staff of Agency (ss. 34-36)34. Staffing.35. Transfer of employment of certain persons to Agency.36. Superannuation.Chapter 3 Transfer of Functions, etc. (ss. 37-40)37. Transfer of functions to Agency.38. Preservation of existing contracts.39. Transfer of assets and liabilities.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)41. General prohibition on unfair commercial practices.Chapter 2 Misleading Commercial Practices (ss. 42-51)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 (ss. 52-54)52. General prohibition on aggressive commercial practices.53. Aggressive commercial practices.54. Offence: aggressive commercial practices.Chapter 4 Prohibited Commercial Practices (ss. 55-63)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 (ss. 63A-63E)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 (ss. 64-66)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 (ss. 66A-66B)66A. Definitions and application.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)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 (ss. 71-74A)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 (s. 75)75. Compliance notices.Chapter 4 Criminal Proceedings (ss. 76-84A)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 (s. 85)85. Fixed payment notices for price display and product pricing offences.Chapter 6 Publication of Trader Names (Consumer Protection List) (s. 86)86. Agency may publish information respecting certain persons.Chapter 6A Publication of Names (Grocery Goods Undertakings List) (s. 86A)86A. Commission may publish certain information in respect of grocery goods undertakings.Part 6 Miscellaneous (ss. 87-102)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 EnactmentsSchedule 1, Part 1 Enactments - Acts of the OireachtasSchedule 1, Part 2 Enactments made under the European Communities Act 1972 which are existing EnactmentsSchedule 2 RepealsSchedule 3 References in Certain Acts and Instruments to Director or Office of DirectorSchedule 3, Part 1 References in Certain Acts to Director of Consumer Affairs or Office of the Director of Consumer AffairsSchedule 3, Part 2 References in Certain Instruments to Director of Consumer Affairs or Office of the Director of Consumer AffairsSchedule 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 87Schedule 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 Instrument
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 May 2007 - onwards
Version 2 of 2

42. General prohibition on misleading commercial practices.

(1) A trader shall not engage in a misleading commercial practice.

(2) Without prejudice to the amendments of the Hallmarking Act 1981 made by section 99, sections 43 to 46 specify the various circumstances in which a commercial practice is misleading.

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