Consumer Protection Act 2007
Publication of Trader Names (Consumer Protection List)
Agency may publish information respecting certain persons.
86.— (1) F80 [ Subject to section 86A(4), the Commission ] shall keep and maintain a list (the “consumer protection list”) of names and addresses of the following persons, together with a description of their trade, business or profession and the particulars described in subsection (2):
( a) any person on whom a fine or other penalty was imposed by a court under the relevant statutory provisions or who was required, by an order under section 81 , to pay an amount of money to a consumer;
( b) any person against whom an order is made under section 71 (respecting civil relief by way of prohibition orders);
( c) any person who gives an undertaking to the Agency under section 73 ;
( d) any person against whom a compliance notice takes effect under section 75(7) or (8) (respecting compliance notices);
( e) any person who makes payment to the Agency pursuant to a fixed payment notice under section 85 .
(2) The consumer protection list shall specify, in relation to each person named in the list, any particulars the Agency considers appropriate in respect of the following:
( a) the matter occasioning any fine or penalty imposed on the person by the court and the amount or nature of that fine or penalty;
( b) the matter occasioning any order made by the court against the person and the nature of that order;
( c) the matter occasioning any undertaking given to the Agency by the person under this Act;
( d) the matter occasioning any compliance notice served on the person under this Act;
( e) the matter occasioning any fixed payment notice under this Act.
(3) The Agency may, at any time and in any form or manner the Agency considers appropriate, publish or cause to be published all or any part of the consumer protection list.
Substituted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 83, S.I. No. 366 of 2014, in effect as per art. 3.
Modifications (not altering text):
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.
[(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).
( 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. ]