Consumer Protection Act 2007

80.

Convicted persons liable for costs and expenses of proceedings and investigation.

80.— (1) On convicting a person of an offence under this Act, the court shall, unless satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Agency the costs and expenses, measured by the court, incurred by the Agency in relation to the investigation, detection and prosecution of the offence.

(2) An order for costs and expenses under subsection (1) is in addition to and not instead of any fine or penalty the court may impose.

Annotations:

Modifications (not altering text):

C29

Section applied with modifications and references construed by Hallmarking Act 1981 (18/1981), s. 6C, as inserted (30.09.2019) by Hallmarking (Amendment) Act 2019 (2/2019), s. 9, S.I. No. 439 of 2019.

Offence relating to supply of multi-metal articles

6C. ...

(3) Sections 78, 80 and 84 of the Act of 2007 shall apply to an offence under this section as they apply to an offence under that Act and, for that purpose, references in those sections to an offence under that Act shall be construed as including references to an offence under this section.

...

C30

Section applied with modifications and references construed (3.12.2018) by European Union (Unjustified Geoblocking of Consumers) Regulations 2018 (S.I. No. 513 of 2018), reg. 5(3), in effect as per reg. 1(2), (3).

Offences

5. ...

(3) Sections 77, 78, 80 and 84 of the Act of 2007 shall apply to an offence under these Regulations as they apply to an offence under that Act and, accordingly, references in those sections to an offence under that Act shall be construed as including references to an offence under these Regulations.

C31

Section applied with modifications and references construed (9.01.2016) by European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 500 of 2015), reg. 4(3), in effect as per reg. 1(2).

Offences

4. ...

(3) Sections 77, 78, 80 and 84 of the Act of 2007 shall apply to an offence under these Regulations as they apply to an offence under that Act and, accordingly, references in those sections to an offence under that Act shall be construed as including references to an offence under these Regulations.

C32

Section applied with modifications and references construed (31.07.2015) by European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 343 of 2015), reg. 18(6).

Consumer information by traders

18. ...

(6) Sections 77, 78, 80 and 84 of the Act of 2007 shall apply to an offence under these Regulations as they apply to an offence under that Act and, accordingly, references in those sections to an offence under that Act shall be construed as including references to an offence under these Regulations.

C33

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. ]

C34

Application of section extended (13.06.2014) by European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2012), reg. 38(2), in effect as per reg. 1(2).

38. ...

(2) Sections 76 to 78 and sections 80, 83 and 84 of the Act of 2007 shall apply to an offence under these Regulations as they apply to an offence under that Act and, accordingly, references in those sections to an offence under that Act shall be construed as including references to an offence under these Regulations.

C35

Application of section extended (8.05.2012) by European Union (Textile Fibre Names and Related Labelling and Marking of the Fibre Composition of Textile Products) Regulations 2012 (S.I. No. 142 of 2012), reg. 11(5), in effect as per reg. 1(2).

11. ...

(5) Sections 77, 78 and 80 of the Act of 2007 shall apply to an offence under these Regulations as they apply to an offence under that Act and accordingly references in those sections to an offence under that Act shall be construed as including references to an offence under these Regulations.

C36

Application of section extended (23.02.2011) by European Union (Protection of Consumers in respect of Timeshare, Long-term Holiday Product, Resale and Exchange Contracts) Regulations 2011 (S.I. No. 73 of 2011), reg. 24(2), in effect as per reg. 1(2).

Offences and penalties

24. ...

(2) Sections 77, 78 and 80 of the Act of 2007 shall apply to an offence under these Regulations as they apply to an offence under that Act and, accordingly, references in those sections to an offence under that Act shall be construed as including references to an offence under these Regulations.

C37

Application of section extended (11.04.2009) by European Communities (Prepacked Products) Regulations 2008 (S.I. No. 566 of 2008), reg. 10(4), in effect as per reg. 1(2).

10. ...

(4) Sections 77, 78 and 80 of the Act of 2007 shall apply to an offence under these Regulations as they apply to an offence under that Act and, accordingly, references in those sections to an offence under that Act shall be construed as including references to an offence under these Regulations.

...

Editorial Notes:

E59

Previous affecting provision: application of section extended (27.09.2010) by European Communities (Names and Labelling of Textile Products) Regulations 2010 (S.I. No. 485 of 2010), reg. 19(5); subsequently revoked (8.05.2012) by European Union (Textile Fibre Names and Related Labelling and Marking of the Fibre Composition of Textile Products) Regulations 2012 (S.I. No. 142 of 2012), reg. 13(a), in effect as per reg. 1(2).