Consumer Protection Act 2007

63D.

1 [ Contravention notices

63D. (1) Where, on foot of an investigation carried out by the Commission under section 63C, the Commission is of the opinion that a relevant grocery goods undertaking is contravening or has contravened any provision of regulations made under section 63B that is stated in those regulations to be a penal provision, the Commission may instruct an authorised officer to serve, personally or by post, a notice (in this Chapter referred to as a contravention notice ) on the relevant grocery goods undertaking.

(2) A contravention notice shall

( a ) state that the Commission is of the opinion that the relevant grocery goods undertaking is contravening or has contravened regulations under section 63B ,

( b ) state the reason for that opinion,

( c ) identify the relevant penal provision of the regulations in respect of which that opinion is held,

( d ) direct the relevant grocery goods undertaking to remedy the contravention by a date specified in the notice that shall not be earlier than the end of the period within which an appeal may be made under subsection (6) ,

( e ) include information regarding the making of an appeal under subsection (6) ,

( f ) include any other requirement that the Commission considers appropriate, in order to remedy the contravention, and

( g ) be signed and dated by a person duly authorised by the Commission to do so.

(3) A contravention notice may include directions

( a ) as to the measures to be taken to remedy any contravention or matter to which the notice relates, or to otherwise comply with the notice, and

( b ) to bring the notice to the attention of any person who may be affected by it.

(4) A relevant grocery goods undertaking on whom a contravention notice has been served who is of the opinion that the contravention notice has been complied with shall confirm in writing to the Commission that the matters referred to in the notice have been so remedied.

(5) Where a relevant grocery goods undertaking on whom a contravention notice has been served confirms in writing to the Commission in accordance with subsection (4) that the matters referred to in the contravention notice have been remedied, the Commission shall, on being satisfied that the matters have been so remedied, not later than one month from receipt of such confirmation, give notice to the relevant grocery goods undertaking concerned of compliance with the contravention notice.

(6) A relevant grocery goods undertaking on which a contravention notice has been served may, within 21 days beginning on the day on which the notice is served, appeal against the notice to a judge of the Circuit Court in the circuit court area in which the notice was served and in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.

(7) A relevant grocery goods undertaking who appeals under subsection (6) shall at the same time notify the Commission of the appeal and the grounds for the appeal and the Commission shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(8) Where an appeal under subsection (6) is made, and the contravention notice is not cancelled, the notice as confirmed or varied shall take effect on the later of

( a ) the day next following the day on which the notice is confirmed or varied on appeal or the appeal is withdrawn, or

( b ) the day specified in the notice.

(9) Where there is no appeal under subsection (6) , the contravention notice shall take effect on the later of

( a ) the end of the period for making an appeal, or

( b ) the day specified in the notice.

(10) The Commission may

( a ) withdraw a contravention notice at any time, or

( b ) where no appeal is made or pending under subsection (6) , extend the period specified under subsection (2)(d) . ]

Annotations

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