Consumer Protection Act 2007

67.

Definition ( Part 5).

67.— In this Part “prohibited act or practice” means any of the following:

( a) any unfair, misleading or aggressive commercial practice under Part 3 ;

( b) any contravention of section 48(3) or 49(1) ;

( c) any contravention of section 55(1) or (3), 59(2) or 60(1) ;

1 [ ( d ) any contravention of section 65 (1) or section 66B , ];

( e) any contravention of a regulation under section 50 or 57 or an order referred to in section 92 ;

1 [ ( f ) any contravention of an order under section 62 (1) ;

( g ) any contravention of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 ( S.I. No. 484 of 2013 ), ]

1 [ ( h ) any contravention of the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 ( S.I. No. 343 of 2015 ), ]

1 [ ( i ) any contravention of the European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015 ( S.I. No. 500 of 2015 ), ]

1 [ ( j ) any contravention of Article 9(1) of Regulation (EU) No. 260/2012 of the European Parliament and of the Council of 14 March 2012 where the payee is a consumer and the payer is a trader or any contravention of Article 9(2) of that Regulation where the payer is a consumer and the payee is a trader, ]

1 [ ( k ) any contravention of the second sentence of Article 8(6) or of Article 10(4) of Regulation (EU) No. 751/2015 of the European Parliament and of the Council of 29 April 2015 1 by a payee where the payee is a trader and the payer is a consumer, ]

1 [ ( l ) any contravention of the European Union (Unjustified Geo-blocking of Consumers) Regulations 2018 ( S.I. No. 513 of 2018 ), ]

1 [ ( m ) any contravention of Regulation 86(6) of the European Union (Payment Services) Regulations 2018 where

(i) the payee (within the meaning of those Regulations) is a trader that is not a regulated financial service provider (within the meaning of the Central Bank Act 1942 ), and

(ii) the payer (within the meaning of those Regulations) is a consumer, ]

1 [ ( n ) any contravention of the European Union (Promoting Fairness and Transparency for Business Users of Online Intermediation Services) Regulations 2020 (S.I. No. 256 of 2020), ]

but subject to the exclusion of one or more of the foregoing provisions provided for in section 71 , 73 , 74 or 75 .

Annotations

Amendments:

Amendments:

Modifications (not altering text):

C6

Certain functions of National Consumer Agency under section extended to Commission for Communications Regulation (13.06.2014) by Communications Regulation Act 2002 (20/2002), s. 10(1A)-(1E), as inserted by European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013), reg. 34(1)(c), in effect as per reg. 1(2).

Functions of Commission.

10.— ...

[(1A) The functions of the Agency specified in subsection (1B) are (insofar as they relate to the provision of electronic communications networks, electronic communications services, associated facilities and premium rate services) also functions of the Commission, and subsections (1B) to (1E) have effect for the purposes of this subsection.

(1B) The functions of the Agency referred to in subsection (1A) are the functions of the Agency under section 67, section 71, section 73, sections 75 to 77, section 80, sections 83 to 87 and section 90 of the Consumer Protection Act 2007 in relation to the European Communities (Consumer Information, Cancellation and Other Rights) Regulations 2013 ( S.I. No. 484 of 2013).—

(1C) Subsection (1A) operates to vest in the Commission, concurrently with the vesting in the Agency of those functions by the Consumer Protection Act 2007, the functions specified in subsection (1B).

(1D) Accordingly—

( a) functions so specified are, subject to any relevant co-operation agreement entered into under section 21 of the Consumer Protection Act 2007, capable of being performed by either the Agency or the Commission, and

( b) subject to subsection (1E), references to the Agency in the provisions of the Act specified in subsection (1B) are to be read as including references to the Commission and those provisions otherwise apply.

(1E) Where any section of the Consumer Protection Act 2007 specified in subsection (1B) provides for anything to be done in relation to the Agency (whether the giving of notice to it, the submitting of a thing to it or the doing of any other thing) then, if a co-operation agreement entered into under section 21 of that Act so specifies, it is sufficient compliance with the section concerned if the thing is done in relation to the Agency or the Commission as is specified in that agreement. ]