Consumer Protection Act 2007

Chapter 5

Fixed Payment Notices

85.

Fixed payment notices for price display and product pricing offences.

85.— (1) This section applies in respect of any offence under the following enactments (in this section referred to as a “relevant offence”):

( a) section 58 (respecting price display regulations);

( b) section 22( a) or ( b) of the Prices Act 1958 (respecting price display orders);

F77 [ ( c ) Regulation 4(3), 5(5), 6(3) or 7(2) of the European Communities (Requirements to Indicate Product Prices) Regulations 2002 ( S.I. No. 639 of 2002 );

F78 [ ( d ) Regulation 5(3), 7(8), 8(5), 9(4), 10(10), 11(6), 12(5), 19(7), 25(4), 26(5) or 27(4) of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 ( S.I. No. 484 of 2013 ); ] ]

F79 [ ( e ) section 66B(2) . ]

(2) An authorised officer who has reasonable grounds for believing that a person is committing, or has committed, a relevant offence may serve, personally or by post, the notice referred to in subsection (3) on the person.

(3) The notice (“fixed payment notice”) shall be in the prescribed form and state—

( a) that the person on whom it is served is alleged to have committed the relevant offence concerned,

( b) when and where it is alleged to have been committed,

( c) that a prosecution for it will not be instituted if, during the period of 28 days beginning on the date of the notice, the person pays the amount of €300 to the Agency (at the address stated in the notice) and submits the original or a copy of the fixed payment notice together with that payment, and

( d) that in default of such payment, the person will be prosecuted for the alleged relevant offence.

(4) A payment referred to in subsection(3) shall be accompanied by the original or a copy of the fixed payment notice concerned.

(5) If a fixed payment notice is served on a person—

( a) the person may make a payment in accordance with subsection (3)(c),

( b) the Agency shall receive and retain the payment (subject to subsection (7)) and issue a receipt for it,

( c) any payment received shall not be recoverable by the person who made it, and

( d) a prosecution in respect of the alleged relevant offence to which the notice relates shall not be instituted during the period specified in subsection (3)(c) or, if a payment is made in accordance with subsections (3)(c) and (4, at all.

(6) In proceedings against a person for a relevant offence it shall be presumed, until the contrary is shown, that the person did not make payment in accordance with subsections (3)(c) and (4).

(7) Payments received by the Agency under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs.

Annotations:

Amendments:

F77

Substituted and inserted (13.06.2014) by European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013), in effect as per reg. 33(c).

F78

Substituted (2.12.2019) by Consumer Protection (Gift Vouchers) Act 2019 (38/2019), s. 3(b), S.I. No. 595 of 2019.

F79

Inserted (2.12.2019) by Consumer Protection (Gift Vouchers) Act 2019 (38/2019), s. 3(b), S.I. No. 595 of 2019.

Modifications (not altering text):

C45

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. ]

Editorial Notes:

E54

Form of fixed payment notice for purposes of subs. (3) prescribed (13.10.2007) by Consumer Protection (Fixed Payment Notice) Regulations 2007 (S.I. No. 689 of 2007), in effect as per reg. 1(2).