Oppressive Practices
Consumer Protection Act
Commercial Practices
Chapter 1
Unfair Commercial Practices
Annotations:
Editorial Notes:
E32
Power granted to Minister for Transport, Tourism and Sport, in determining whether an operator has satisfied or continues to satisfy the requirement of good repute, to consider whether the operator or a person holding a specified position with the operator has, within the previous 10 years, been convicted of an offence under Part (4.12.2011) by European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011), reg. 6 and sch.
E33
Obligation imposed on persons who hold a specified position with an operator and who is or has been convicted of an offence under Part to inform the operator in writing of the fact of the conviction (4.12.2011) by European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011), reg. 8.
General prohibition on unfair commercial practices.
41.— (1) A trader shall not engage in an unfair commercial practice.
(2) A commercial practice is unfair if it—
(a) is contrary to one or both of the following (the requirements of professional diligence):
(i) the general principle of good faith in the trader’s field of activity;
(ii) the standard of skill and care that the trader may reasonably be expected to exercise in respect of consumers,
and
(b) would be likely to—
(i) cause appreciable impairment of the average consumer’s ability to make an informed choice in relation to the product concerned, and
(ii) cause the average consumer to make a transactional decision that the average consumer would not otherwise make.
(3) In determining whether a commercial practice is unfair under subsection (2), the commercial practice shall be considered in its factual context, taking account of all of its features and the circumstances.
Chapter 2
Misleading Commercial Practices
General prohibition on misleading commercial practices.
42.— (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.
Misleading: false, misleading or deceptive information.
43.— (1) A commercial practice is misleading if it includes the provision of false information in relation to any matter set out in subsection (3) and that information would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make.
(2) A commercial practice is misleading if it would be likely to cause the average consumer to be deceived or misled in relation to any matter set out in subsection (3) and to make a transactional decision that the average consumer would not otherwise make.
(3) The following matters are set out for the purposes of subsections (1) and (2):
(a) the existence or nature of a product;
(b) the main characteristics of a product, including, without limitation, any of the following:
(i) its geographical origin or commercial origin;
(ii) its availability, including, without limitation, its availability at a particular time or place or at a particular price;
(iii) its quantity, weight or volume;
(iv) its benefits or fitness for purpose;
(v) the results to be expected from it;
(vi) the risks it presents to consumers;
(vii) its usage or prior history;
(viii) its composition, ingredients, components or accessories;
(ix) the specifications of the product, including, without limitation, the grade, standard, style, status or model of the product;
(x) the after-supply customer assistance available to consumers in relation to the product;
(xi) the handling of consumer complaints in relation to the product;
(xii) the method or date of—
(I) the product’s delivery, supply or provision, or
(II) in the case of goods, the product’s manufacture;
(xiii) the results and material features of tests or checks carried out on the product;
(xiv) in relation to a service, its execution or performance;
(c) the price of the product, the manner in which that price is calculated or the existence or nature of a specific price advantage;
(d) the need for any part, replacement, servicing or repair in relation to the product;
(e) the existence, extent or nature of any approval or sponsorship (direct or indirect) of the product by others;
(f) the nature, attributes or rights of the trader, including, without limitation, the following:
(i) the trader’s identity, qualifications, assets or status;
(ii) the trader’s affiliation or connection with others;
(iii) the existence, extent or nature of—
(I) any industrial, commercial or intellectual property rights the trader may have, or
(II) any award, distinction, approval or sponsorship (direct or indirect) the trader has or has received;
(g) the extent of the trader’s commitments;
(h) the trader’s motives for the commercial practice;
(i) the nature of the trader’s supply process;
(j) the legal rights of a consumer (whether contractual or otherwise) or matters respecting when, how or in what circumstances those rights may be exercised.
(4) If the commercial practice in subsection (2) involves the provision of information, it is not a defence in any proceeding to show that the information is factually correct.
(5) In determining whether a commercial practice under subsection (1) or (2) is misleading, the commercial practice shall be considered in its factual context, taking account of all of its features and the circumstances.
(6) Without limiting subsection (5)—
(a) if the commercial practice involves a representation or creates an impression (whether in advertising, marketing or otherwise) that a product was previously offered at a different price or at a particular price, consideration shall be given to whether the product was previously offered openly and in good faith at that price and at the same place for a reasonable period of time before the representation was made, and
(b) if the commercial practice involves a representation or creates an impression (whether in advertising, marketing or otherwise) that a product is being offered by a trader at or below a price recommended by the manufacturer, producer or supplier of the product (other than the trader), consideration shall be given to whether that recommended price was one recommended in good faith by that manufacturer, producer or supplier.
(7) In determining the geographical origin of goods the manufacture or production of which involves more than one country, consideration shall be given to where the goods underwent their last substantial and economically justified processing or working (in a place equipped for that purpose), resulting in the manufacture of new goods or representing an important stage of the manufacture or production.
Annotations:
Editorial Notes:
E34
Comparative marketing communications confirmed prohibited if, as regards the comparison, it is a misleading commercial practice under section (20.11.2007) by European Communities (Misleading and Comparative Marketing Communications) Regulations 2007 (S.I. No. 774 of 2007), reg. 4(2)(b).
Misleading: competitor or product confusion in marketing or advertising.
44.— (1) A commercial practice involving marketing or advertising is misleading if it would be likely to cause the average consumer—
(a) to confuse—
(i) a competitor’s product with the trader’s product, or
(ii) a competitor’s trade name, trade mark or some other distinguishing feature or mark with that of the trader,
and
(b) to make a transactional decision that the average consumer would not otherwise make.
(2) In determining whether a commercial practice is misleading under subsection (1), the commercial practice shall be considered in its factual context, taking account of all of its features and the circumstances.
Annotations:
Editorial Notes:
E35
Comparative marketing communications confirmed prohibited if, as regards the comparison, it is a misleading commercial practice under section (20.11.2007) by European Communities (Misleading and Comparative Marketing Communications) Regulations 2007 (S.I. No. 774 of 2007), reg. 4(2)(b).
Misleading: non-compliance with commitment under code of practice by which trader is bound.
45.— (1) A commercial practice is misleading if—
(a) it involves a representation that the trader abides, or is bound, by a code of practice,
(b) the representation referred to in paragraph (a) would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make, and
(c) the trader fails to comply with a firm commitment in that code of practice.
(2) In determining whether a commercial practice is misleading under subsection (1), the commercial practice shall be considered in its factual context, taking account of all of its features and the circumstances.
(3) For the purposes of this section, a firm commitment in a code of practice is one that is not merely aspirational but is capable of being verified.
Annotations:
Editorial Notes:
E36
Comparative marketing communications confirmed prohibited if, as regards the comparison, it is a misleading commercial practice under section (20.11.2007) by European Communities (Misleading and Comparative Marketing Communications) Regulations 2007 (S.I. No. 774 of 2007), reg. 4(2)(b).
Misleading: withholding, omitting or concealing material information.
46.— (1) A commercial practice is misleading if the trader omits or conceals material information that the average consumer would need, in the context, to make an informed transactional decision (“material information”) and such practice would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make.
(2) A commercial practice is misleading if—
(a) the trader—
(i) provides material information referred to in subsection (1) in a manner that is unclear, unintelligible, ambiguous or untimely, or
(ii) fails to identify the commercial intent of the practice (if such intent is not already apparent from the context),
and
(b) such practice would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make.
(3) If a commercial practice is or includes an invitation to purchase, each of the following constitutes material information for the purposes of this section, unless already apparent to the consumer in the context of the commercial practice:
(a) the main characteristics of the product, to an extent appropriate to the medium and the product;
(b) the geographical address of the trader, the identity of the trader (such as his or her trading name) and, if the trader is acting in a consumer transaction as an agent of another trader, the geographical address and the identity of that other trader;
(c) the price of the product (inclusive of taxes) or, if the nature of the product is such that the price cannot reasonably be calculated in advance, the manner in which the price is calculated;
(d) any freight, delivery or postal charges that apply in relation to the product or, if such charges cannot reasonably be calculated in advance, a statement of the fact that such charges will apply and be payable by the consumer;
(e) the handling of consumer complaints in relation to the product or the arrangement for payment, delivery or performance, if such handling or arrangement does not meet or accord with—
(i) the standard of skill and care that the trader may reasonably be expected to exercise in respect of consumers, or
(ii) the general principle of good faith in the trader’s field of activity;
(f) if applicable, the legal rights of a consumer (whether contractual or otherwise) to withdraw from or cancel the consumer transaction.
(4) The material information set out in subsection (3) is in addition to and not instead of any other information that the trader is required by law to provide to a consumer, including, without limitation, any information required to be provided by regulations under this Act.
(5) In determining whether a commercial practice is misleading under this section, the commercial practice shall be considered in its factual context, taking account of all of its features and the circumstances, including—
(a) the space or time available in any communications medium used, and
(b) any measures taken by the trader to make the material information available to consumers by other means.
Annotations:
Editorial Notes:
E37
Comparative marketing communications confirmed prohibited if, as regards the comparison, it is a misleading commercial practice under section (20.11.2007) by European Communities (Misleading and Comparative Marketing Communications) Regulations 2007 (S.I. No. 774 of 2007), reg. 4(2)(b).
Offence: misleading commercial practices.
47.— A trader who engages in any misleading commercial practice described in section 43(1) or (2) commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided in Chapter 4 of Part 5 .
Prohibition on surcharges where one method of payment chosen in preference to another.
48.— (1) In this section—
“cash” means cash that is legal tender;
“relevant method” , in relation to payment, means each of the following methods of payment—
(a) cash,
(b) credit card,
(c) direct debit,
(d) any other method or methods of payment prescribed by the Minister.
(2) In this section a reference to a representation includes a reference to a representation made at any stage up to the time the trader accepts payment in respect of the product concerned.
(3) Where—
(a) a trader makes a representation that the trader will accept payment in respect of a product by any one of 2 or more different relevant methods, or
(b) it is the practice of a trader to accept payment in respect of a product by different relevant methods,
the trader shall not impose an additional charge on any person by reason of the person’s making payment in respect of the product by one of the relevant methods (to which the foregoing representation relates or as regards which the foregoing practice exists) as distinct from another of them.
(4) For the purposes of subsection (3)—
(a) without limiting any of the other means by which that subsection may be contravened, a trader shall be deemed to impose an additional charge, by reason of the person concerned making payment as mentioned in that subsection, if the price charged by the trader in respect of the product concerned is, where one of the relevant methods of payment is used by that person, greater than the price that would be so charged were that person to use another of them,
(b) if the representation or practice referred to in that subsection relates not only to relevant methods of payment but to one or more other methods of payment as well, that fact is immaterial, and
(c) it is immaterial that the trader can show that any expenses incurred by the trader in accepting payment by one of the relevant methods are greater than those incurred by the trader in accepting payment by another of them.
(5) A trader who contravenes subsection (3) commits an offence and is liable on summary conviction to the fines and penalties provided in Chapter 4 of Part 5.
(6) In proceedings for an offence under this section, where evidence is given that on a particular occasion the defendant accepted payment in respect of the product concerned by a relevant method which was different from that which the defendant accepted in respect of the product on another occasion in the period of 12 months preceding the first-mentioned occasion (and that previous method is also a relevant method), then it shall be presumed, until the contrary is proved, that a practice existed on the part of the defendant to accept payment in respect of the product by those foregoing methods.
Requirement that surcharge (where otherwise permissible) be stated as part of price.
49.— (1) Where it is the practice of a trader to accept payment in respect of a product—
(a) by only one relevant method and to impose a charge on a person for the person’s making payment in respect of the product by that method, or
(b) by different relevant methods and to impose on a person the same charge for the person’s making payment in respect of the product by any of those methods,
the trader shall ensure that any representation made by the trader, or on the trader’s behalf, in relation to the price payable in respect of the product, states clearly that price as a single amount inclusive of the foregoing charge.
(2) For the purposes of subsection (1), it is immaterial that the trader also accepts payment in respect of the product concerned by one or more methods of payment that are not relevant methods of payment and the reference in that subsection to the practice of a trader to accept payment in respect of a product by only one relevant method shall be read accordingly.
(3) A trader who contravenes subsection (1) commits an offence and is liable on summary conviction to the fines and penalties provided in Chapter 4 of Part 5.
(4) In a case falling within paragraph (a) or (b) of subsection (1), nothing in that subsection prevents the inclusion in any representation referred to in that subsection of—
(a) an indication that the single price stated is inclusive of a charge for making payment by the method concerned or, as the case may be, any of the methods concerned, or
(b) an indication of the amount of such charge.
(5) In this section ‘relevant method’, in relation to payment, has the same meaning as it has in section 48.
Consumer information regulations.
50.— (1) Subject to subsection (5), if the Minister considers it to be in the interest of consumers to have a product, or a class or type of product, marked with or accompanied by any information (or both), the Minister may make regulations—
(a) prescribing the product or class or type of product,
(b) prescribing—
(i) any stamps, marks, tags and labels for use on those products and the manner of their use, or
(ii) any information to accompany those products when they are supplied to consumers by traders, or
(iii) the matters referred to in both of the foregoing subparagraphs,
(c) requiring traders who supply a prescribed product, or a product of a prescribed class or type, to—
(i) stamp, mark, tag or label them in accordance with regulations made under paragraph (b)(i), or
(ii) have prescribed information under paragraph (b)(ii) accompany those products in the manner and form specified in the regulations, or
(iii) do the things referred to in both of the foregoing subparagraphs,
and
(d) regulating or prohibiting the supply of a prescribed product, or a product of a prescribed class or type, if any regulation under paragraph (b) or (c) is not complied with.
(2) Subject to subsection (5), if the Minister considers it to be in the interest of consumers that advertisements for a product, or a class or type of product, contain or refer to any information relating to those products (or do both those things), the Minister may make regulations—
(a) prescribing the product, or class or type of product, and that information, and
(b) requiring traders who market or advertise those products to do either or both of the following, as the Minister considers necessary or appropriate:
(i) include that information in their advertisements and to do so in the manner and form specified in the regulations;
(ii) specify in their advertisements the means by which that information may be obtained by a consumer.
(3) The Minister may make different regulations under this section for—
(a) different classes or types of products or traders,
(b) different classes or types of advertisements,
(c) different circumstances, and
(d) different geographical areas of the State.
(4) A regulation made under this section may apply to the whole State or to a specified geographical area of the State.
(5) The Minister may not make a regulation under this section unless the Minister is satisfied that in the context—
(a) the average consumer would need the stamp, mark, tag, label or information in order to make an informed transactional decision (“material information”), and
(b) if such material information was withheld, omitted or concealed, it would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make.
(6) Subsection (5) does not apply in respect of regulations that may be made under subsection (1) relating to indications of the standard of fineness of articles of precious metal.
Annotations:
Editorial Notes:
E38
Power pursuant to section exercised (1.07.2012) by Consumer Protection (Consumer Information) (Articles of Precious Metals) Regulations 2012 (S.I. No. 143 of 2012), in effect as per reg. 2.
Offences: contravening consumer information regulations.
51.— (1) A trader who supplies a product in contravention of a regulation under section 50(1) commits an offence.
(2) If an advertisement fails to comply with any requirement of a regulation under section 50(2), any trader who publishes the advertisement or causes it to be published commits an offence.
(3) A trader who commits an offence under subsection (1) or (2) is liable on summary conviction to the fines and penalties provided in Chapter 4 of Part 5.
Chapter 3
Aggressive Commercial Practices
General prohibition on aggressive commercial practices.
52.— A trader shall not engage in an aggressive commercial practice.
Aggressive commercial practices.
53.— (1) A commercial practice is aggressive if by harassment, coercion or undue influence it would be likely to—
(a) cause significant impairment of the average consumer’s freedom of choice or conduct in relation to the product concerned, and
(b) cause the average consumer to make a transactional decision that the average consumer would not otherwise make.
(2) In determining whether a commercial practice is aggressive under subsection (1), the commercial practice shall be considered in its factual context, taking account of all of its features and the circumstances.
(3) Without limiting subsection (2), in determining whether the commercial practice employs harassment, coercion or undue influence, the following shall be taken into account:
(a) the timing, location, nature or persistence of the commercial practice;
(b) the use of threatening or abusive language or behaviour by the trader;
(c) the exploitation of a consumer’s misfortune or circumstance when the trader is aware that the consumer’s judgment is impaired as a result of the gravity of the misfortune or circumstance, in order to influence the consumer’s transactional decision;
(d) the imposition of onerous or disproportionate non-contractual barriers by the trader when the consumer wishes to terminate the contract, exercise a contractual right or switch to another product or trader;
(e) the use of threats by the trader to—
(i) take action or initiate proceedings against the consumer when the trader has no legal basis for taking such action or initiating such proceedings, or
(ii) do something unlawful.
(4) In this section, “undue influence” means exploiting a position of power in relation to a consumer so as to apply pressure (without necessarily using or threatening to use physical force) in a way that significantly limits the consumer’s ability to make an informed choice in relation to the trader’s product.
Offence: aggressive commercial practices.
54.— A trader who engages in any aggressive commercial practice described in section 53(1) commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided in Chapter 4 of Part 5 .
Chapter 4
Prohibited Commercial Practices
Prohibited commercial practices.
55.— (1) A trader shall not engage in any of the following commercial practices:
(a) a representation that the trader has an approval, authorisation or endorsement that the trader does not have, or making such a representation when the trader is not in compliance with that approval, authorisation or endorsement;
(b) a representation that the trader is signatory to a code of practice, if the trader is not;
(c) a representation that the trader is about to cease trading or move premises, if the trader is not;
(d) a representation that a product has an approval, authorisation or endorsement that it does not have, or making such a representation when the trader is not in compliance with that approval, authorisation or endorsement;
(e) a representation that a product is able to facilitate winning in games of chance;
(f) a representation that supply of a product is legal, if it is not, or creating such an impression;
(g) a representation that a product is able to cure an illness, dysfunction or malformation, if it cannot;
(h) a representation that describes a product as “gratis”, “free”, “without charge” or anything similar, if a consumer has to pay anything other than the necessary and reasonable cost of—
(i) responding to the representation, and
(ii) collecting the product or having it delivered;
(i) a representation that a commercial practice of the trader has an approval, authorisation or endorsement that it does not have, or making such a representation when the trader is not in compliance with the approval, authorisation or endorsement;
(j) a representation that a code of practice has an approval or other endorsement that it does not have;
(k) displaying a quality, standard or trust mark or symbol, or some equivalent type of mark or symbol, without having obtained necessary authorisation to do so;
(l) making an invitation to purchase a product without disclosing the existence of any reasonable grounds the trader may have for believing that the trader will not be able to supply, or procure another trader to supply, the product or an equivalent product at the price specified in the invitation, or to do so for a reasonable period of time or in reasonable quantities, having regard to the scale of any marketing or advertising of the product and the price specified (bait advertising);
(m) making an invitation to purchase a product, then—
(i) demonstrating a defective sample of the product, or
(ii) refusing to—
(I) show or display the product to the consumer,
(II) take an order from the consumer for the product, or
(III) deliver the product to the consumer within a reasonable period of time,
with the intention of promoting a different product (bait and switch);
(n) making a false representation that a product is available only for a limited time, or on particular terms for a limited time, in order to elicit an immediate decision from a consumer, depriving the consumer of sufficient opportunity or time to make an informed choice in relation to the trader’s product;
F52[(o) undertaking to provide after-sales service to consumers with whom the trader has communicated prior to a transaction in a language which is not an official language of the relevant State in which the trader is located and then making such service available only in another language without clearly disclosing this to the consumer before the consumer is committed to the transaction;]
(p) making a representation or creating an impression that a right given to consumers under an enactment is a distinctive feature of the trader’s promotion or supply;
(q) using editorial content in the media to promote a product (if a trader has paid for that promotion) if it is not made clear that the promotion is a paid promotion, whether in the content itself or in any oral, written, visual or descriptive representation in the promotion;
(r) making a representation to a consumer that is materially inaccurate in respect of the nature and extent of risk to the consumer’s personal security, or that of other members of the consumer’s household, if the consumer does not purchase the trader’s product;
(s) promoting a product (similar to that of another manufacturer) in such a manner as to deliberately mislead or deceive a consumer into thinking that the product is manufactured by that manufacturer, when it is not;
(t) making a representation to a consumer that is inaccurate to a material degree in respect of market conditions, or in respect of the possibility of finding a product, with the intention of inducing the consumer to purchase a product at conditions less favourable than normal market conditions;
(u) operating, running or promoting a competition or prize promotion without awarding the prizes described or reasonable equivalents;
(v) making a representation or creating an impression that a consumer has won or will win a prize or other equivalent benefit, if—
(i) there is no prize or equivalent benefit, or
(ii) in claiming the prize, the consumer has to make a payment or incur a loss;
(w) including in marketing material an invoice or any similar document seeking payment from a consumer for a product that the consumer has not ordered;
(x) making a representation or creating an impression that the trader—
(i) is not acting for purposes related to the trader’s trade, business or profession, when the trader is so acting, or
(ii) is acting as a consumer, when the trader is not;
(y) making a representation or creating an impression that after-supply service in relation to a product is available in a relevant State other than the one in which the product is supplied, when it is not so available.
(2) F53[…]
(3) A trader shall not engage in any of the following commercial practices:
(a) making a representation or creating an impression that a consumer cannot leave the premises until a contract is formed;
(b) failing to comply with a consumer’s request to leave the consumer’s residence or to not return (except in circumstances and to the extent justified or permitted by or under law in order to enforce a contractual obligation);
(c) persistently failing to comply with a consumer’s request to cease—
(i) communicating or initiating unwanted or unsolicited contact with, or
(ii) making or sending unwanted or unsolicited representations to,
the consumer by telephone, fax, email or any other electronic means or remote media (except in circumstances and to the extent justified or permitted by or under law in order to enforce a contractual obligation);
(d) in relation to a consumer’s claim on an insurance policy, doing either or both of the following:
(i) requiring the consumer to produce documents irrelevant to the validity of the claim;
(ii) persistently failing to respond to the consumer’s correspondence on the matter, in order to dissuade the consumer from exercising contractual rights in respect of that claim;
(e) including in an advertisement a direct exhortation to children to—
(i) purchase a product, or
(ii) persuade a parent or adult to purchase the product for them;
(f) in relation to any product that a consumer does not solicit, demanding that the consumer—
(i) make immediate or deferred payment for the product, or
(ii) return or keep the product safe;
(g) explicitly informing a consumer that if the consumer does not purchase a product, the trader’s job or livelihood will be in jeopardy.
(4) Subsection (3)(f) does not apply in respect of a product provided by a trader in accordance with Regulation 9(3) of the European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations 2001 (S.I. No. 207 of 2001).
Annotations:
Amendments:
F52
Substituted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 77(a), S.I. No. 366 of 2014, in effect as per art. 3.
F53
Deleted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 77(b), S.I. No. 366 of 2014, in effect as per art. 3.
Offence: prohibited commercial practices.
56.— A trader who contravenes section 55(1) or (3) commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided in Chapter 4 of Part 5.
Price display regulations.
57.— (1) If the Minister considers it to be in the interest of consumers, the Minister may make regulations requiring traders who supply a product, or a class or type of product, to display the price or charge to consumers of or for those products in any manner or form specified in the regulations.
(2) Without limiting subsection (1), a regulation under this section may—
(a) require prices or charges, or any combination of prices and charges, to be displayed in a single amount and inclusive of any charges, fees or taxes payable,
(b) require the price or charge display, or combined price and charge display, to state the range of prices or charges for the products, and
(c) prohibit the supply of the products to consumers at any price greater than the price or charge so displayed.
(3) The Minister may make different regulations under this section for different classes or types of products or traders.
(4) A regulation made under this section may apply to the whole State or to a prescribed geographical area of the State.
(5) This section is in addition to section 49 (respecting certain surcharges being stated as part of price).
Offence: price display contraventions.
58.— A trader who contravenes a regulation under section 57 commits an offence and is liable on summary conviction to the fines and penalties provided in Chapter 4 of Part 5.
Offence: weighing facilities in grocery retail.
59.— (1) In this section, “grocery retailer” means a trader who is a retailer within the meaning of section 15A of the Competition Act 2002.
(2) A grocery retailer who offers food for sale to consumers by weight (other than food packed for sale by its manufacturer or producer or by the person who supplied it for sale) shall—
(a) provide a weighing scale, or weighing machine, that—
(i) is in a public and prominent position on the premises where that food is sold, and
(ii) subject to health and food safety considerations, is as near as reasonably possible to where that food is on display for sale,
and
(b) allow any person purchasing, or about to purchase, such food to weigh it or observe its weighing on the weighing scale or weighing machine in a manner that allows the person to see the reading of the weight provided by the scale or machine and to be informed of the resultant price before payment.
(3) A grocery retailer who contravenes subsection (2)(a) or (b) commits an offence and is liable on summary conviction to the fines and penalties provided in Chapter 4 of Part 5.
Offence: preventing the reading of prices.
60.— (1) A trader shall not, without reasonable cause, prevent a person from, or obstruct or interfere with that person in—
(a) reading the prices displayed on or in relation to products supplied by the trader, or
(b) entering premises for purposes described in paragraph (a), if those premises are where the trader supplies those products.
(2) A trader who contravenes subsection (1)(a) or (b) commits an offence and is liable on summary conviction to the fines and penalties provided in Chapter 4 of Part 5 .
State of emergency affecting supply of a product.
61.— (1) If the Government are of the opinion that abnormal circumstances prevail or are likely to prevail in relation to the supply of a product, the Government may by order (“emergency order”) declare that a state of emergency affecting the supply of that product exists.
(2) An emergency order may relate to one or more products and may define the products in such manner as the Government think fit.
(3) Unless the term of an emergency order is extended under subsection (4) or (5) or the order is revoked, an emergency order—
(a) remains in force for such term (not exceeding 6 months from the date that the order is made) that the Government think proper and specify in the order, and
(b) expires at the end of the last day of the term specified.
(4) Subject to subsection (5), if an emergency order is in force (“principal order”) and the Government are of the opinion that abnormal circumstances continue to prevail in relation to the supply of a product to which the order relates, the Government may make one order (“extension order”) in relation to that product extending the term of the principal order as it relates to that product for a period not exceeding 6 months from the date that the extension order is made.
(5) If during the extended term under subsection (4), the Government are of the opinion that abnormal circumstances continue to prevail in relation to the supply of the product to which the extension order relates, the Government may make only one more order (“final extension order”) in relation to that product extending the term of the principal order as it relates to that product for a period not exceeding 6 months from the date that the final extension order is made.
Power to fix maximum prices during state of emergency.
62.— (1) If an emergency order is in force in respect of a product under section 61, the Government may by order fix the maximum price at which that product may be supplied by a trader to consumers.
(2) An order under subsection (1) may—
(a) limit the application of the order to a class or type of the product,
(b) specify conditions by reference to which a maximum price is fixed and may fix different maximum prices in relation to different conditions,
(c) apply to the whole State, to a particular geographical area in the State, or to the supply of the product by a particular class or type of trader,
(d) fix a maximum price by specifying it or by specifying the manner in which it is to be calculated, and
(e) provide for any incidental or ancillary matter (including a requirement that the product to which the order relates shall be sold only in specified units of weight, measure or volume) that the Government consider necessary or expedient to give full effect to any provision of the order or to secure compliance with it.
(3) Unless previously revoked, an order made under this section expires on the expiration of the emergency order in respect of which it is made.
Offence: contravening maximum price orders.
63.— A trader who contravenes an order made under section 62 commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided in Chapter 4 of Part 5 .
F54[Chapter 5
Grocery Goods Undertakings]
Annotations:
Amendments:
F54
Chapter 5 (ss. 63A-63E) inserted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 83, S.I. No. 366 of 2014, in effect as per art. 3.
Annotations:
Editorial Notes:
E39
Certain findings under Chapter stated to be res judicata in respect of subsequent proceedings by Competition and Consumer Protection Act 2014 (29/2014), s. 86(1), S.I. No. 366 of 2014, in effect as per art. 3.
PART 4
Pyramid Promotional Schemes
Definition (Part 4).
64.— (1) In this Part, “pyramid promotional scheme” means a scheme by which a person gives consideration in money or money’s worth, or gives a gift in money or money’s worth, for an opportunity to receive compensation derived primarily from the introduction of other persons into the scheme rather than from the supply or consumption of a product.
(2) The following apply in respect of subsection (1):
(a) the opportunity to receive compensation need not be limited to the person’s introduction of other persons into the scheme but may include their introduction by other persons;
(b) the scheme may but need not involve the supply of a product.
Indictable offence: participating in, establishing, operating or promoting pyramid promotional schemes.
65.— (1) A person shall not—
(a) establish, operate or promote a pyramid promotional scheme,
(b) knowingly participate in such a scheme, or
(c) induce or attempt to induce another person to participate in such a scheme.
(2) A person who contravenes subsection (1) commits an offence.
(3) In proceedings for an offence under this section or for a prohibition order under section 71, it shall not be necessary for the prosecution or the applicant, as the case may be, to prove—
(a) that the opportunity to receive compensation was a legally enforceable right,
(b) that the consideration or gift given, as the case may be, was given within the State,
(c) that giving consideration or a gift was the only requirement a person had to satisfy in order to—
(i) participate or be eligible to participate in the scheme, or
(ii) be eligible or have opportunity to receive compensation under the scheme,
(d) that any compensation received was received within the State,
(e) that any opportunity to receive compensation was to be a receipt of such compensation within the State, or
(f) that any arrangements under the scheme were recorded in writing.
(4) If, in proceedings for an offence under this section or for a prohibition order under section 71, the alleged pyramid promotional scheme involves the supply of a product, then the following may be considered (among other things) in determining whether the opportunity to receive compensation is derived primarily from the introduction of other persons into the scheme:
(a) in respect of a promotion of the scheme, the emphasis given to a participant’s entitlement to the product, as compared to the emphasis given to compensation derived from the introduction of other persons into the scheme;
(b) the extent to which the consideration given bears a reasonable relationship to the product, by reference to the price of the same or a comparable product available elsewhere.
(5) A person guilty of an offence under this section is liable on conviction on indictment to the fines and penalties provided in Chapter 4 of Part 5.
Annotations:
Editorial Notes:
E41
Offence under section included in definition of “relevant offence” for purposes of Criminal Justice Act 2011 (22/2011) (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 3 and sch. 1, S.I. No. 411 of 2011.
Consumer Rights Act
PART 9
Amendment of Consumer Protection Act 2007
Amendment of section 2 of Act of 2007
152. Section 2 of the Act of 2007 is amended, in subsection (1)—
(a) by the substitution of the definition “authorised officer” for the following definition:
“‘authorised officer’—
(a) in relation to the functions performed by the Competition and Consumer Protection Commission under this Act, has the same meaning as it has in the Competition and Consumer Protection Act 2014 , and
(b) in relation to the functions performed by the Commission for Communications Regulation under this Act, has the same meaning as it has in section 39 of the Communications Regulation Act 2002 ;”,
(b) by the substitution for the definition of “product” of the following definition:
“‘product’ means any goods or services including immovable property, a digital service and digital content, as well as rights and obligations;”,
(c) in the definition of “relevant statutory provisions”—
(i) by the deletion of paragraphs (k) and (l),
(ii) by the deletion of “and”, where it occurs immediately after paragraph (m), and
(iii) by the insertion after paragraph (n) of the following:
“, and
(o) the Act of 2022.”,
and
(d) by the insertion of the following definitions:
“‘Act of 2022’ means the Consumer Rights Act 2022;
‘digital content’ has the same meaning as it has in the Act of 2022;
‘digital service’ has the same meaning as it has in the Act of 2022;
‘distance contract’ has the same meaning as it has in Part 5 of the Act of 2022;
‘online marketplace’ means a service using software, including a website, part of a website or an application, operated by or on behalf of a trader which allows consumers to conclude distance contracts with other traders or consumers;
‘ranking’ means the relative prominence given to products, as presented, organised or communicated by the trader, irrespective of the technological means used for such presentation, organisation or communication;”.
Amendment of section 41 of Act of 2007
153. Section 41 of the Act of 2007 is amended by the insertion of the following subsection after subsection (3):
“(4) A trader who continues to engage in a commercial practice that has been found to be unfair by a court under this section commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided in Chapter 4 of Part 5.”.
Misleading: marketing of goods as identical where significantly different
154. The Act of 2007 is amended by the insertion of the following section after section 44:
Misleading Practice
“44A. (1) A commercial practice is misleading if—
(a) unless justified by legitimate and objective factors, it involves any marketing of goods in a Member State as being identical to goods marketed in other Member States where the goods have significantly different composition or characteristics, and
(b) the marketing would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make.
(2) In determining whether a commercial practice is misleading under subsection (1), the commercial practice shall be considered in its factual context, taking account of all of its features and the circumstances.”.
Amendment of section 46 of Act of 2007
155. Section 46 of the Act of 2007 is amended—
(a) in subsection (3), by—
(i) the substitution of the following paragraph for paragraph (e):
“(e) the arrangements for payment, delivery and performance if such arrangements do not meet or accord with—
(i) the standard of skill and care that the trader may reasonably be expected to exercise in respect of consumers, or
(ii) the general principle of good faith in the trader’s field of activity;”,
and
(ii) the insertion of the following paragraph after paragraph (f):
“(g) for products offered on online marketplaces, whether the third party offering the products is a trader or not, on the basis of the declaration of that third party to the provider of the online marketplace.”,
(b) by the insertion of the following subsections after subsection (3):
“(3A) (a) Where consumers are provided with the option of searching for products offered by different traders or consumers on the basis of a query in the form of a keyword, phrase or other input (and irrespective of where transactions are ultimately concluded) general information relating to—
(i) the main parameters determining the ranking of products presented to a consumer as a result of the search query, and
(ii) the importance of those parameters relative to other parameters,
that is made available in a specific section of the online interface directly and easily accessible from the page where the query results are presented shall be treated as material information for the purposes of this section.
(b) Paragraph (a) does not apply to any person who provides or offers to provide an online search engine to consumers.
(3B) Where a trader provides access to reviews by consumers of products, information in relation to whether and how the trader ensures that the published reviews originate from consumers who have actually used or purchased the products shall be treated as material information for the purposes of this section.”,
and
(c) in subsection (4), by the substitution of “subsections (3) to (3B)” for “subsection (3)”.
Amendment of section 47 of Act of 2007
156. Section 47 of the Act of 2007 is amended by the insertion of “, 44(1), 44A, 45(1) or 46(1) or (2)” after “43(1) or (2)”.
Amendment of section 55 of Act of 2007
157. Section 55(1) of the Act of 2007 is amended by—
(a) the insertion of the following paragraph after paragraph (q):
“(qa) providing search results in response to a consumer’s online search query without clearly disclosing any paid advertisement or payment specifically for achieving higher ranking of products within the search results;”,
and
(b) the insertion of the following paragraphs after paragraph (y):
“(z) reselling event tickets to consumers if the trader acquired them by using automated means to circumvent any limit on the number of tickets that a person may buy or any other rules applicable to the purchase of tickets;
(za) stating that reviews of a product are submitted by consumers who have actually used or purchased the product without taking reasonable and proportionate steps to check that the reviews originate from such consumers;
(zb) submitting or commissioning a person to submit false reviews or endorsements by consumers, or misrepresenting reviews or social endorsements by consumers, in order to promote products.”.
Amendment of section 67 of Act of 2007
158. Section 67 of the Act of 2007 is amended—
(a) by the deletion of paragraph (g), and
(b) by the insertion of the following paragraphs after paragraph (n):
“(o) any contravention of section 7 of the Act of 2022;
(p) a failure or refusal by a trader to provide a remedy to which a consumer has a right under section 23 (1)(b), 26 (2)(a), 29 (1), 61 (1), 62 (2)(a), 85 (1) or section 86 (2)(a) of the Act of 2022;
(q) where a consumer is entitled to reimbursement under section 31 , 68 or 90 of the Act of 2022, a failure or refusal by a trader to reimburse the consumer;
(r) any contravention of section 39 (1), 44 (1) or (2), 71 (1) or 94 (1) of the Act of 2022;
(s) any contravention of Part 5 of the Act of 2022;
(t) the use by a trader in a consumer contract (within the meaning of the Act of 2022) of a term that is unfair under section 132 of that Act;
(u) the use by a trader in a consumer contract (within the meaning of the Act of 2022) of a term that is presumed to be unfair under section 133 of that Act;
(v) the use by a trader in a consumer contract (within the meaning of the Act of 2022) of a term that is not transparent in contravention of section 134 (1) of that Act;
(w) any contravention of section 140 of the Act of 2022,”.
Prohibited Practices
Amendment of section 71 of Act of 2007
159. Section 71 of the Act of 2007 is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) In this section, ‘prohibited act or practice’ does not include:
(a) a contravention of section 59(2) (respecting weighing facilities in grocery retail);
(b) a contravention of section 60(1) (respecting preventing the reading of prices);
(c) in relation to a financial service (within the meaning of the Central Bank Act 1942) provided by a trader who is a regulated financial service provider (within the meaning of that Act), a failure or refusal by the trader to provide—
(i) a remedy to which a consumer is entitled under section 85 (1) or 86 (2)(a) of the Act of 2022, or
(ii) a reimbursement to which a consumer is entitled under section 90 of the Act of 2022;
(d) the use by a trader in a consumer contract (within the meaning of the Act of 2022) of a term that is unfair under section 132 of that Act;
(e) the use by a trader in a consumer contract (within the meaning of the Act of 2022) of a term that is presumed to be unfair under section 133 of that Act;
(f) the use by a trader in a consumer contract (within the meaning of the Act of 2022) of a term that is not transparent in contravention of section 134 (1) of that Act.”,
(b) by the insertion of the following subsection after subsection (2):
“(2A) An application may be made under subsection (2) for—
(a) an interim order,
(b) an interlocutory order, or
(c) an order for an indefinite period or for a period specified in the application.”,
and
(c) by the insertion of the following subsection after subsection (6):
“(6A) Where an application under this section relates to a particular prohibited act or practice which relates to any of Parts 2 to 5 of the Act of 2022, an order may be made in relation to any similar prohibited act or practice (or prohibited act or practice having like effect) committed or engaged in by a trader.”.
Amendment of section 73 of Act of 2007
Prohibited Practices
160. Section 73 of the Act of 2007 is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) In this section, ‘prohibited act or practice’ does not include:
(a) a contravention of section 59(2) (respecting weighing facilities in grocery retail);
(b) a contravention of section 60(1) (respecting preventing the reading of prices);
(c) in relation to a financial service (within the meaning of the Central Bank Act 1942) provided by a trader who is a regulated financial service provider (within the meaning of that Act), a failure or refusal by the trader to provide—
(i) a remedy to which a consumer is entitled under section 85 (1) or 86 (2)(a) of the Act of 2022, or
(ii) a reimbursement to which a consumer is entitled under section 90 of the Act of 2022.”,
and
(b) by the substitution of the following subsection for subsection (7):
“(7) Despite subsection (6), the Commission may—
(a) apply for an order against a trader under section 71, or
(b) serve a compliance notice on a trader under section 75,
if the trader fails to comply with the terms and conditions of an undertaking under this section.”.
Consumer’s right to price reduction and termination of contract
161. The Act of 2007 is amended by the insertion of the following section after section 74:
“74A. (1) A consumer who is aggrieved by a prohibited act or practice shall have the following remedies—
(a) a right to a reduction in the price payable under the contract, and
(b) a right to terminate the contract.
(2) The conditions under which the consumer shall have the right to those remedies, and the obligations of the trader and the consumer in respect of the remedies, shall be prescribed for the purposes of this section.”.
Amendment of section 75 of Act of 2007
162. Section 75 of the Act of 2007 is amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) In this section, ‘prohibited act or practice’ does not include—
(a) a contravention of a regulation under section 57 (respecting price display regulations),
(b) in relation to a financial service (within the meaning of the Central Bank Act 1942) provided by a trader who is a regulated financial service provider (within the meaning of that Act), a failure or refusal by the trader to provide—
(i) a remedy to which a consumer is entitled under section 85 (1) or 86 (2)(a) of the Act of 2022, or
(ii) a reimbursement to which a consumer is entitled under section 90 of the Act of 2022.”,
(b) in subsection (3)(d), by the substitution of “relevant court specified in the notice” for “District Court”,
(c) by the insertion of the following subsection after subsection (3):
“(3A) Where the person on whom the compliance notice is served is a trader, an authorised officer may include a requirement under subsection (3)(b) that the trader refund any payments made by the consumer in any transaction relating to the contravention to which the notice relates;”,
(d) in subsection (5), by the substitution of “relevant court specified in the notice” for “District Court in the district court district in which the notice was served”, and
(e) by the insertion of the following subsection after subsection (14):
“(15) In this section, ‘relevant court’ means—
(a) the District Court,
(b) the Circuit Court, or
(c) the High Court.”.
Amendment of section 85 of Act of 2007
166. Section 85 of the Act of 2007 is amended—
(a) in subsection (1)—
(i) in paragraph (a), by the insertion of “47 (respecting misleading commercial practices) or” after “section”,
(ii) by the insertion of the following paragraph after paragraph (b):
“(ba) Parts 4 to 6 of the Act of 2022;”,
(iii) by the insertion of the following paragraph after paragraph (c):
“(ca) Regulation 7, 8, 13 or 14 of the European Communities (Directive 2000/31/EC) Regulations 2003 ( S.I. No. 68 of 2003 );”,
and
(iv) by the deletion of paragraph (d),
(b) in subsection (3)(c), by the substitution of “the prescribed amount specified in the notice” for “the amount of €300”, and
(c) by the insertion of the following subsection after subsection (6):
“(6A) The amount of a fixed payment, being not more than €1,500, may be prescribed and different amounts may be prescribed in relation to the different relevant offences specified in subsection (1).”.
Amendment of section 90 of Act of 2007
167. Section 90(1) of the Act of 2007 is amended by the substitution of the following paragraph for paragraph (e):
“(e) the Act of 2022;”.
Amendment of section 91 of Act of 2007
168. Section 91 of the Act of 2007 is amended—
(a) by the substitution of “sections 66(1) and 74A” for “section 66(1)”, and
(b) by the substitution of “any product” for “any goods or the provision of any services.”.
Amendment of Schedule 4 to Act of 2007
169. Schedule 4 to the Act of 2007 is amended—
(a) by the deletion of the following:
“
No. 16 of 1980
Sale of Goods and Supply of Services Act 1980
”,
Pyramid promotional scheme agreements void.
66.— (1) An agreement between a scheme promoter and another person is, to the extent it requires or provides for payment of money or money’s worth in respect of a pyramid promotional scheme, void and has no effect, and no action lies in any court for the recovery of such money or money’s worth under or pursuant to such agreement.
(2) For the purposes of subsection (1), a “scheme promoter” means a person who establishes, operates or promotes a pyramid promotional scheme or who induces or attempts to induce others to participate in such a scheme, and includes any person acting on a scheme promoter’s behalf.
Consumer Protection (Gift Vouchers) Act 2019
Definition
1. In this Act, “Act of 2007” means the Consumer Protection Act 2007 .
Gift voucher contracts
2. The Act of 2007 is amended by the insertion of the following Part after Part 4:
“Part 4A
Gift Voucher Contracts
Definitions and application
66A. (1) In this Part—
‘durable medium’ means any medium on which information is provided and stored, including paper and email, that—
(a) renders the information accessible for future reference for a period of time adequate for the purposes of the information, and
(b) allows the unchanged reproduction of the information;
‘expiry date’ means the date after which, by virtue of the passage of time, a gift voucher ceases to be redeemable for the purchase of goods or services;
‘gift voucher’ means, subject to subsection (2), any voucher, coupon or other document or instrument, including in electronic form, that is intended to be used as a substitute for money in the payment, in whole or in part, for goods or services or otherwise exchanged for goods or services;
‘gift voucher contract’ means a contract between a relevant trader and another person whereby the relevant trader supplies the person with a gift voucher;
‘relevant trader’ means a trader who supplies a gift voucher to a person in accordance with a gift voucher contract.
(2) In this Part, ‘gift voucher’ does not include a voucher, coupon or other document or instrument, including in electronic form—
(a) that is redeemable only for the purposes of the purchase, at a discounted price, of specified goods or specified services, from a specified trader or traders—
(i) on a specified date, or
(ii) for a specified period of a limited duration not exceeding 3 months,
(b) that is supplied under a customer loyalty scheme,
(c) that is supplied in connection with a promotional scheme that is connected to the purchase of specified goods or specified services,
(d) that is supplied by way of a refund for goods returned to a trader,
(e) that is redeemable only in exchange for goods or services relating to telephone services, internet services, fuel, electricity, heating or any other utility,
(f) that is a cheque, bank draft or postal money order,
(g) that constitutes electronic money, within the meaning of the European Communities (Electronic Money) Regulations 2011 ( S.I. No. 183 of 2011 ), or
(h) that is not supplied, marketed, provided or otherwise made available to be given as a gift.
(3) This Part applies to a gift voucher contract that is entered into on or after the date on which this subsection comes into operation.
(4) Any reference in this Part to a term of a gift voucher contract includes a reference to a term which, although not contained in the contract, is incorporated in the contract by another term of the contract or by any other means.
Terms of gift voucher contracts
66B. (1) (a) Subject to subsection (5), a gift voucher contract shall contain a term that the gift voucher is—
(i) subject to an expiry date that is at least 5 years from the date on which the contract was entered into, or
(ii) not subject to an expiry date.
(b) Where a gift voucher contract does not include a term satisfying paragraph (a), the contract shall be deemed to include a term that the gift voucher is subject to an expiry date that is 5 years from the date on which the contract was entered into.
(c) Where a gift voucher contract is deemed to contain a term in accordance with paragraph (b), and that term conflicts with an express term in the contract, the term under paragraph (b) shall override the express term.
(d) A relevant trader who enters into a gift voucher contract that is contrary to paragraph (a) commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided in Chapter 4 of Part 5.
(2) (a) A relevant trader who enters into a gift voucher contract shall specify, whether on the gift voucher itself or otherwise on a durable medium supplied with the gift voucher—
(i) the expiry date of the gift voucher,
(ii) the date on which the gift voucher contract was entered into and the period during which the gift voucher to which it relates is redeemable, or
(iii) that the gift voucher is not subject to an expiry date.
(b) A relevant trader who fails to comply with paragraph (a) commits an offence and is liable on summary conviction to the fines and penalties provided in Chapter 4 of Part 5.
(3) (a) A gift voucher contract shall not contain a term requiring the full value of a gift voucher to be redeemed in a single transaction.
(b) A relevant trader who enters into a gift voucher contract that is contrary to paragraph (a) commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided in Chapter 4 of Part 5.
(4) (a) Where—
(i) a person redeems part of the value of a gift voucher in a transaction, such that the remaining balance of the gift voucher is €1 or more, and
(ii) the gift voucher contract contains a term preventing the remaining balance of the gift voucher from being redeemed in another transaction,
the gift voucher contract shall be deemed to include a term requiring the relevant trader to reimburse the remaining balance of the gift voucher to the person, in cash, by electronic transfer or by way of a gift voucher, in accordance with subsection (5).
(b) Where a gift voucher contract is deemed to contain a term in accordance with paragraph (a), and that term conflicts with an express term in the contract, the term under paragraph (a) shall override the express term.
(c) A relevant trader who enters into a gift voucher contract that contains an express term that is contrary to paragraph (a) commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided in Chapter 4 of Part 5.
(5) Where the remaining balance referred to in subsection (4)(a) is reimbursed by way of a gift voucher, the gift voucher concerned shall have—
(a) an expiry date not earlier than the expiry date of the gift voucher referred to in the said subsection (4)(a), and
(b) a value equal to that of the remaining balance of the gift voucher referred to in the said subsection (4)(a).
(6) (a) In this subsection, ‘gift voucher contract to which this subsection applies’ means a gift voucher contract that contains a term requiring a gift voucher to be redeemed by a named person.
(b) A gift voucher contract to which this subsection applies shall contain a term providing that—
(i) the named person may redeem the gift voucher notwithstanding a difference between that person’s name as it appears on, or in connection with, the gift voucher, and as it appears on that person’s passport, driving licence, or any other form of personal identification, and
(ii) the named person’s name as it appears on, or in connection with, the gift voucher may be amended or changed without a fee being charged.
(c) Where a gift voucher contract to which this subsection applies does not contain a term satisfying paragraph (b), the contract shall be deemed to include a term giving effect to that paragraph.
(d) Where a gift voucher contract to which this section applies is deemed to contain a term in accordance with paragraph (c), and that term conflicts with an express term in the contract, the term under paragraph (c) shall override the express term.
(e) A relevant trader who enters into a gift voucher contract to which this subsection applies that is contrary to paragraph (b) commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided in Chapter 4 of Part 5.
(7) (a) A gift voucher contract shall not contain a term that places a limit on the number of gift vouchers that a person is permitted to redeem in a single transaction.
(b) A relevant trader who enters into a gift voucher contract that is contrary to paragraph (a) commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided in Chapter 4 of Part 5.
(8) (a) Where a gift voucher contract contains a term relating to the replacement by a relevant trader of a gift voucher that has been lost or stolen, that term shall provide that the replacement gift voucher shall not be subject to an expiry date that is earlier than the expiry date of the gift voucher that it replaces.
(b) Where a gift voucher contract contains a term relating to the replacement by a relevant trader of a gift voucher that has been lost or stolen, and which does not satisfy paragraph (a), the contract shall be deemed to include a term giving effect to that paragraph.
(c) Where a gift voucher contract is deemed to contain a term in accordance with paragraph (b), and that term conflicts with an express term in the contract, the term under paragraph (b) shall override the express term.
(d) A relevant trader who enters into a gift voucher contract that is contrary to paragraph (a) commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided in Chapter 4 of Part 5.
(9) Where a gift voucher contract contains a term that is contrary to the requirements of this section—
(a) the term shall not be binding on—
(i) a party to the gift voucher contract who is not a relevant trader, or
(ii) a person who has rights under the gift voucher contract under subsection (10),
and
(b) the gift voucher contract shall continue to bind the parties to it, or a person who has rights under the gift voucher contract under subsection (10), if it is capable of continuing in existence without the term that is contrary to the requirements of this section.
(10) Where a person (other than a relevant trader) who is party to a gift voucher contract gives, sells or otherwise transfers the gift voucher to which the contract relates to a third person, the third person shall be entitled to exercise all rights under the gift voucher contract on the same terms as the original party to the gift voucher contract.”.
Consequential amendments to Act of 2007
3. The Act of 2007 is amended—
(a) in section 67, by the substitution of the following paragraph for paragraph (d):
“(d) any contravention of section 65(1) or section 66B,”,
(b) in section 85(1), by the substitution of the following paragraphs for paragraph (d):
“(d) Regulation 5(3), 7(8), 8(5), 9(4), 10(10), 11(6), 12(5), 19(7), 25(4), 26(5) or 27(4) of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 ( S.I. No. 484 of 2013 );
(e) section 66B(2).”,
and
(c) in section 90(1), by the substitution of the following paragraphs for paragraph (h):
“(h) the provisions of the European Union (Unjustified Geo-blocking of Consumers) Regulations 2018 (S.I. No. 513 of 2018);
(i) the provisions of Part 4A.”.
Short title, collective citation and commencement
4. (1) This Act may be cited as the Consumer Protection (Gift Vouchers) Act 2019.
(2) The Consumer Protection Acts 2007 and 2014 and this Act may be cited together as the Consumer Protection Acts 2007 to 2019.
(3) This Act shall come into operation on such day or days as the Minister for Business, Enterprise and Innovation may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions.