Consumer Protection Act 2007

72.

Prohibition orders against code owners.

72.— (1) In this section, “code owner” means, in relation to a code of practice, any person responsible for formulating or revising the code or for monitoring compliance by those traders who agree, commit or undertake to abide or be bound by it.

(2) If a code of practice or its code owner promotes any prohibited act or practice, the Agency may apply to the Circuit Court or High Court for an order prohibiting the code owner from such promotion or requiring the code owner to withdraw the code or amend it as the court considers necessary to prevent such promotion.

(3) An application under subsection (2) shall be on notice to the code owner.

(4) In determining an application under this section, the court shall consider all interests involved and, in particular, the public interest.

(5) In making an order under subsection (2), the court may impose terms or conditions in the order that the court considers appropriate.

(6) Subsections (8) to (12) of section 71 apply to an application under this section as they apply to an application under that section with the following modifications—

( a) the substitution in subsection (8) of “in which the code owner is promoting the prohibited act or practice concerned or in which the code owner resides or carries on any business or profession” for “in which the prohibited act or practice concerned is being committed or engaged in”, and

( b) the substitution in subsection (9) of the following paragraph for paragraph (a):

“( a) the nature and extent of the prohibited act or practice being promoted by the code of practice concerned or its code owner,”.

(7) A code owner commits an offence who, without reasonable excuse, fails to comply with an order under this section 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 .