7. Commercial Law

Updated to 16 January 2020 (Act no. 53 of 2019 and S.I. No. 14 of 2020)

Click on triangular bullet points to see more detail.

7.1. Bills of Exchange and Cheques 1

1 The 2011 Report of the Sales Law Review Group, available at www.djei.ie, recommended the repeal and replacement of the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980 (and related Regulations that implemented relevant EU Directives). The Scheme of a Consumer Protection Bill 2015, available at www.djei.ie, proposes to replace the 1893 and 1980 Acts (and related Regulations) insofar as they apply to contracts between businesses and individual consumers (a further Bill is planned to repeal and replace the 1893 and 1980 Acts and related Regulations insofar as they apply to such contracts made between businesses). See also Title 6.2 (Civil Liability: Contract), above.
Finance
  • none
45 & 46 Vict., c. 61
Finance
  • none
19/1959

7.2. Bills of Sale

Finance
  • none
42 & 43 Vict., c. 50
Finance
  • none
46 & 47 Vict., c. 7

7.3. Casual Trading and Fairs

Enterprise 19/1995
Enterprise 15/1926
Enterprise 35/1979
2 The status of this Act and related statutory instruments is uncertain because of Casual Trading Act 1980 (43/1980), s. 19, which repeals the Act insofar as it applies to casual trading and occasional trading, and provides for expiry of licences under the Act. It appears to be obsolete in practice and should be fully repealed and the SIs revoked. The 1980 Act was repealed by 19/1995, which governs trading including on a public road, and thereby appears to replace the 1926 Act.

7.4. Competition and Prices

7.4.1. Competition Law: General

Enterprise 14/2002
Enterprise 4/2006
Enterprise
  • none
12/2010
Enterprise 18/2012
Enterprise 29/2014
Enterprise
  • none
12/2017
3 The 2002 Act repealed the Mergers, Take-overs and Monopolies (Control) Act 1978 (17/1978). SIs made under this Act appear to be obsolete and should be revoked: S.I. Nos. 17 of 1979, 230 of 1985, 301 of 1988, 302 of 1988, 220 of 1989, 115 of 1990, 56 of 1992, 135 of 1993, 45 of 1996, 214 of 1996, 381 of 1996, 102 of 1998, 187 of 2002.
4 Also listed at Title 7.6.

7.4.2. Prices

Enterprise 19/2007
5 Orders made under Prices Acts 1958 and 1965 were carried over on repeal of the 1958 and 1965 Acts by 19/2007. See other mention under 7.6.
6 The enabling provision is Prices Act 1958 (4/1958), s 19(2((a) which was repealed by Consumer Protection Act 2007 (19/2007), s. 4(1), repeal commenced by S.I. No. 178 of 2007. These regulations are expressly retained by s. 92 of the 2007 Act.
7 Ibid.
8 Ibid.
9 The enabling provision is Consumer Information Act 1978 (1/1978), s. 11 which was repealed by Consumer Protection Act 2007 (19/2007), s. 4(1), repeal commenced by S.I. No. 178 of 2007. These regulations are expressly retained by s. 93 of the 2007 Act.
10 Ibid.
11 The enabling provision is Prices Act 1958 (4/1958), s 19(2((a) which was repealed by Consumer Protection Act 2007 (19/2007), s. 4(1), repeal commenced by S.I. No. 178 of 2007. These regulations are expressly retained by s. 92 of the 2007 Act.
12 Ibid.
13 The enabling provision is Consumer Information Act 1978 (1/1978), s. 11 which was repealed by Consumer Protection Act 2007 (19/2007), s. 4(1), repeal commenced by S.I. No. 178 of 2007. These regulations are expressly retained by s. 93 of the 2007 Act.

7.4.3. Takeovers

Enterprise 5/1997

7.5. Consumer Credit

Enterprise/Finance 14 24/1995
Enterprise 31/1964
14 1995 Act was amended by Central Bank and Financial Services Authority of Ireland Act 2003.
15 The enabling provision is Consumer Credit Act 1995 (24/1995), s. 37, which was substituted by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 35. There is a saver for these regulations under s. 36 - (1) Regulations made under the provisions of section 28, 37, 60 or 86 of the Consumer Credit Act 1995 and in force immediately before the respective commencements of items 11, 12, 18 and 19 of Part 21 of Schedule 1 to this Act continue in force as if they had been made under those provisions as in force after that commencement, and may be amended or revoked accordingly.
16 Ibid.
17 Ibid.
18 Ibid.
19 Ibid.
20 The enabling provision is Consumer Credit Act 1995 (24/1995), s. 120, which was substituted by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 35 and sch. 1, part 21 item 34. There is a saver for these regulations under s. 36.
21 The enabling provision is Consumer Credit Act 1995 (24/1995), s. 2(1), definition of "credit institution", para. (g), which was deleted by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 35 and sch. 1, part 21 item 1(e). The power to make such regulations is retained under the new s. 2(1)(e), substituted by s. 35 and sch. 1, part 21 item 1(d).
22 The enabling provision is Consumer Credit Act 1995 (24/ 1995), s. 3(3)(a). This was substituted by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 35 and sch. 1, part 21 item 3(b). There is no saver for regulations made under this section although there is for other regulations that are enabled by substituted sections. Furthermore, the sections that this SI applies are also substituted and amended. However, the subject matter and substance is continued and it appears that this SI remains in force.
23 Ibid.
24 Ibid.
25 Ibid.
26 Ibid.
27 Ibid.
28 Ibid.
29 Ibid.

7.6. Consumer Protection: General

Enterprise 19/2007
Enterprise
  • none
29/2014
Enterprise 38/2019
30 Also listed under Title 7.4.2 with SIs.

7.7. Electronic Commerce

Comms/Finance 27/2000

7.8. Intellectual Property, Including Copyright, Patents and Trade Marks

7.8.1. Copyright and Related Rights

Enterprise 28/2000
Enterprise
  • none
18/2004
Enterprise
  • none
39/2007
Enterprise
  • none
25/1929
Enterprise 19/2019
31 This Act repealed Copyright Act 1963 (except for s. 59), and provided for the retention of SIs in s. 10 and sch. 1, part 1 para. 3(5): (5) Notwithstanding the repeal of the Act of 1963, any regulation, rule or order made under the Act of 1963 and which is in force immediately before the commencement of Part II of this Act shall continue in force and be deemed after the commencement of the said Part II to be made under the corresponding provisions of this Act. Copyright (Register of Dramatic Works) Rules 1964, S.I. No. 178 of 1964, was made under Copyright Act 1963, s. 55; there is no corresponding provision in 28/2000, and it appears that this SI has ceased to be in force. It should be revoked as a matter of clarity and good practice. The same applies to Copyright (Royalties on Records) Regulations 1964, S.I. No. 179 of 1964, made under s. 13; Copyright (Extended Application) Order 1991, S.I. No. 101 of 1991, made under s. 45(1), now apparently superseded by the definition of "authorised broadcaster" in 28/2000, s. 2(1).
32 The enabling provision is Copyright Act 1963 (10/1963), s. 12(6), repealed by 28/2000, with provision for the retention of SIs in s. 10 and sch. 1, part 1 para. 3(5) (see footnote above). The corresponding provisions in 28/2000 are ss. 49 and following; they do not fully correspond to s. 12 of the 1963 Act, but para. (5) above does not stipulate complete correspondence, and the SI appears to survive.
33 The enabling provision is Copyright Act 1963 (10/1963), s. 56(1), repealed by 28/2000, with provision for the retention of SIs in s. 10 and sch. 1, part 1 para. 3(5) (see footnote above). The corresponding provision in 28/2000 is s. 198(3).
34 The enabling provisions are Copyright Act 1963 (10/1963), s. 35 and 36, repealed by 28/2000, with provision for the retention of SIs in s. 10 and sch. 1, part 1 para. 3(5) (see footnote above). The corresponding provisions in 28/2000 are ss. 362 and following. This SI appears to have been superseded by S.I. No. 20 of 2009, and should be revoked. This SI is the responsibility of the Revenue Commissioners.
35 The enabling provision is Copyright Act 1963 (10/1963), s. 28, repealed by 28/2000, with provision for the retention of SIs in s. 10 and sch. 1, part 1 para. 3(5) (see footnote above). The corresponding provision in 28/2000 is s. 147. This SI is the responsibility of the Revenue Commissioners.
36 The enabling provision is Copyright Act 1963 (10/1963), s. 43, repealed by 28/2000, with provision for the retention of SIs in s. 10 and sch. 1, part 1 para. 3(5) (see footnote above). The corresponding provisions in 28/2000 are s. 188 and 189.
37 The enabling provisions are Copyright Act 1963 (10/1963), s. 35 and 36, repealed by 28/2000, with provision for the retention of SIs in s. 10 and sch. 1, part 1 para. 3(5) (see footnote above). The corresponding provisions in 28/2000 are ss. 362 and following. This SI appears to have been superseded by S.I. No. 20 of 2009, and should be revoked. This SI is the responsibility of the Revenue Commissioners.
38 Ibid.
39 Ibid.
40 The enabling provision is Copyright Act 1963 (10/1963), s. 43, repealed by 28/2000, with provision for the retention of SIs in s. 10 and sch. 1, part 1 para. 3(5) (see footnote above). The corresponding provisions in 28/2000 are s. 188 and 189.
41

This SI may be the responsibility of the Department of the Housing, Planning and Local Government.

7.8.2. Industrial Designs

Enterprise 39/2001

7.8.3. Irish Whiskey

Agric
  • none
33/1980

7.8.4. Patents

Enterprise 1/1992
Enterprise 31/2006
Enterprise 1/2012
Enterprise 6/2017
42 The first enabling provision is Industrial and Commercial Property (Protection) Act 1927 (16/1927), s. 152, and was repealed by the Industrial Designs Act 2001 (39/2001), s. 4(2), commenced by S.I. No. 275 of 2002. Section 152 had previously been repealed by Patents Act 1964 (12/1964), s. 5 and sch. 1, in so far as it related to patents, but regulations made under it were retained by a saver in s. 5 and sch. 2. The 1964 Act was repealed by Patents Act 1992 (1/1992), s. 5, again with a saver in sch. 1. Another enabling provision is Patents Act 1964 (12/1964), s. 93, included in the repeal by the 1992 Act and saver for instruments in sch. 1. This seems to indicate that these regulations remain in force.

7.8.5. Plant Varieties: Proprietary Rights

Agric 24/1980
Agric 41/1998
43 Carried forward on amendment of the enabling Act (24/1980) by Plant Varieties (Proprietary Rights) (Amendment) Act 1998 (41/1998), s. 22(4) to be deemed as made under the 1998 Act.
44 Ibid.
45 Ibid.

7.8.6. Trade Marks

Enterprise 6/1996

7.8.7. Miscellaneous

Enterprise 28/1998
Enterprise
  • none
36/2014

7.9. Legal Metrology (Weights and Measures)

Enterprise 27/1996
Enterprise 31/2017
46 A number of SIs made under enabling provisions repealed by this Act (s. 6 and sch. 1 part 1) are spent but not recorded as such in the Legislation Directory. They should be revoked as a matter of good practice. They include S.R.& O. No. 13 of 1924 (superseded by S.I. No. 78 of 1928 which referred in art. 1 to determination of fees "in substitution of those hitherto determined"), S.R.& O. No. 19 of 1928, S.R & O. No. 80 of 1928 and S.R. & O. No. 2 of 1929 (time limited and superseded by general prohibition on use of pint as a unit of measure in S.I No. 255 of 1992), S.R.& O. No. 14 of 1931 (amends superseded regulations), S.R.& O. No. 313 of 1940 (superseded by S.I. No. 87 of 1948), S.I. No. 87 of 1948 (superseded by S.I. No. 385 of 1952), S.I. No. 385 of 1952 (time limited).
47 Revoked by S.I. No. 323 of 2008, reg. 72, except in relation to instruments in use.
48 The enabling provisions in Weights and Measures Act 1889, Weights and Measures Act 1904, Gas Regulations Act 1920, ss. 11-14 and Weights and Measures Act 1928 were repealed by 27/1996, s. 6(1) and sch. 1 part 1, subject to continuation of existing SIs under subs. (3). This SI appears to be obsolete and should be revoked.
49 The enabling provision in Gas Regulation Act 1928 (24/1928) was repealed by 27/1996, s. 6(1) and sch. 1 part 1, subject to continuation of existing SIs under subs. (3). This SI appears to be obsolete and should be revoked.
50 The enabling provision in Weights and Measures Act 1904 was repealed by 27/1996, s. 6(1) and sch. 1 part 1, subject to continuation of existing SIs under subs. (3). This SI appears to be obsolete and should be revoked.
51

This SI was arguably carried forward under s. 6(3).  Made under Weights and Measures (Metric System) Act 1897, this SI substituted a table in Weights and Measures Act 1878.  Both Acts were repealed by 27/1996.  This SI is therefore obsolete and should be revoked.

7.10. Merchandise Marks

Enterprise 10/1970

7.11. Packaged Goods

Enterprise 11/1980

7.12. Personal Insolvency, Bankruptcy and Personal Debt

7.12.1. Personal Insolvency

Justice 44/2012
Justice 32/2013
Justice 32/2015

7.12.2. Bankruptcy

Justice 27/1988
Justice 60/2015

7.13. Prompt Payment of Accounts

Enterprise 31/1997
52 See also European Communities (Late Payment in Commercial Transactions) Regulations 2012 (S.I. No. 580 of 2012).
53 The enabling provision is Prompt Payment of Accounts Act 1997 (31/1997), s. 10(1), which was repealed by S.I. No. 388 of 2002, reg. 10. There is a transitional saver for existing contracts under reg. 11:  Sections 4 to 11 of the Prompt Payment of Accounts Act 1997 shall continue to apply to a contract for the supply of goods and services to which that Act applies made before, and still in force after, the commencement of these Regulations notwithstanding the repeal of those sections by Regulation 10. Further, the operative provisions of this SI are replaced by S.I. No. 62 of 1999. Given the lapse of time, this SI is probably obsolete and should be revoked.
54 Superseded by S.I. No. 392 of 2000, this SI should be formally revoked.
55 The enabling provision is Prompt Payment of Accounts Act 1997 (31/1997), s. 10(1) , which is repealed by S.I. No. 388 of 2002, reg. 10, subject to a transitional saver under reg. 11 for existing contracts (see footnote above). Given the lapse of time, this SI is probably obsolete and should be revoked.

7.14. Sale of Goods and Supply of Services

Enterprise
  • none
56 & 57 Vict., c. 71
Enterprise
  • none
16/1980

7.15. Summer Time and Winter Time

Justice
  • none
23/1968
Justice 17/1971
56 A number of SIs made under this Act have expired and should be revoked: S.I. Nos. 67 of 1981, 212 of 1982, 45 of 1986, 264 of 1988, 371 of 1992, 395 of 1994, 484 of 1997.

7.16. Trading Stamps

Enterprise
  • none
23/1980