Consumer Protection Act 2007

90.

Agency guidelines.

90.— (1) Subject to this section, the Agency may prepare, issue and publish guidelines applicable to traders, or persons representing traders, concerning any of the following:

( a) a matter of consumer welfare or protection;

( b) a matter of practical guidance to traders in relation to commercial practices, whether generally or in a particular trade, business or professional sector;

( c) the establishment, form and operation of quality assurance schemes referred to in F85 [ section 10 (3)(i) of the Competition and Consumer Protection Act 2014 ];

F86 [ ( d ) the form and manner of submitting codes of practice to the Agency for approval under section 88;

( e ) the provisions of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 ( S.I. No. 484 of F87 [ 2013) ; ] ]

F88 [ ( f ) the provisions of the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 ( S.I. No. 343 of F89 [ 2015 ); ] ]

F90 [ ( g ) the provisions of the European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015 ( S.I. No. 500 of 2015 ). ]

F91 [ ( h ) the provisions of the European Union (Unjustified Geo-blocking of Consumers) Regulations 2018 ( S.I. No. 513 of 2018 ); ]

F92 [ ( i ) the provisions of Part 4A . ]

(2) Before issuing and publishing guidelines under this section, the Agency may prepare draft guidelines and consult with any person, as the Agency considers appropriate.

(3) If satisfied that proposed or draft guidelines protect consumer interests, the Agency may issue the guidelines and shall cause them to be published in the manner the Agency considers appropriate for the purpose.

(4) Without limiting the generality of subsection (3), the Agency may publish a copy of guidelines issued by it under this section on the internet.

(5) In any proceedings before a court, guidelines issued and published under this section are admissible in evidence and, if any provision of the guidelines is relevant to a question arising in those proceedings, the provision may be taken into account in determining that question.

(6) A failure on the part of any person to observe any provision of guidelines issued and published under this section shall not, of itself, render that person liable to any proceedings.

Annotations:

Amendments:

F85

Substituted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 80, S.I. No. 366 of 2014, in effect as per art. 3.

F86

Substituted and inserted (13.06.2014) by European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013), reg. 33(d), in effect as per reg. 1(2).

F87

Substituted (31.07.2015) by European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 343 of 2015), reg. 19(b)(i).

F88

Inserted (31.07.2015) by European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 343 of 2015), reg. 19(b)(ii).

F89

Substituted (9.01.2016) by European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 500 of 2015), reg. 5(b)(i), in effect as per reg. 1(2).

F90

Inserted (9.01.2016) by European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 500 of 2015), reg. 5(b)(ii), in effect as per reg. 1(2).

F91

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

F92

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

Modifications (not altering text):

C51

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:

E57

Previous affecting provision: subs. (1)(h) inserted (3.12.2018) by European Union (Unjustified Geoblocking of Consumers) Regulations 2018 (S.I. No. 513 of 2018), reg. 6(b), in effect as per reg. 1(2), (3); substituted as per F-note above.