7. Commercial Law
Updated to 3 September 2024 (Act No. 30 of 2024 and S.I. No. of 442 of 2024)
► 7.1. Bills of Exchange and Cheques 1
Finance |
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45 & 46 Vict., c. 61 |
Finance |
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19/1959 |
► 7.2. Bills of Sale
Finance |
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42 & 43 Vict., c. 50 |
Finance |
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46 & 47 Vict., c. 7 |
► 7.3. Casual Trading and Fairs
► 7.4. Competition and Prices
► 7.4.1. Competition Law: General
► 7.4.2. Prices
► 7.4.3. Takeovers
Enterprise | 5/1997 | |
► 7.5. Consumer Credit
► 7.6. Consumer Protection: General
► 7.7. Electronic Commerce
► 7.8. Intellectual Property, Including Copyright, Patents and Trade Marks
► 7.8.1. Copyright and Related Rights
Enterprise 34 |
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28/2000 |
Enterprise |
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18/2004 |
Enterprise |
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39/2007 |
Enterprise |
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25/1929 |
Enterprise | 19/2019 | |
34
Community (in part): see S.I. No. 357 of 2017. Public Exp (in part): see S.I. No. 418 of 2011.
35
This Act repealed Copyright Act 1963 (except for s. 59), and provided for the retention of SIs in s. 10 and sch. 1, part 1 para. 3(5): (5) Notwithstanding the repeal of the Act of 1963, any regulation, rule or order made under the Act of 1963 and which is in force immediately before the commencement of Part II of this Act shall continue in force and be deemed after the commencement of the said Part II to be made under the corresponding provisions of this Act. Copyright (Register of Dramatic Works) Rules 1964, S.I. No. 178 of 1964, was made under Copyright Act 1963, s. 55; there is no corresponding provision in 28/2000, and it appears that this SI has ceased to be in force. It should be revoked as a matter of clarity and good practice. The same applies to Copyright (Royalties on Records) Regulations 1964, S.I. No. 179 of 1964, made under s. 13; Copyright (Extended Application) Order 1991, S.I. No. 101 of 1991, made under s. 45(1), now apparently superseded by the definition of "authorised broadcaster" in 28/2000, s. 2(1).
36
The enabling provision is Copyright Act 1963 (10/1963), s. 12(6), repealed by 28/2000, with provision for the retention of SIs in s. 10 and sch. 1, part 1 para. 3(5) (see footnote above). The corresponding provisions in 28/2000 are ss. 49 and following; they do not fully correspond to s. 12 of the 1963 Act, but para. (5) above does not stipulate complete correspondence, and the SI appears to survive.
37
The enabling provision is Copyright Act 1963 (10/1963), s. 56(1), repealed by 28/2000, with provision for the retention of SIs in s. 10 and sch. 1, part 1 para. 3(5) (see footnote above). The corresponding provision in 28/2000 is s. 198(3).
38
The enabling provisions are Copyright Act 1963 (10/1963), s. 35 and 36, repealed by 28/2000, with provision for the retention of SIs in s. 10 and sch. 1, part 1 para. 3(5) (see footnote above). The corresponding provisions in 28/2000 are ss. 362 and following. This SI appears to have been superseded by S.I. No. 20 of 2009, and should be revoked. This SI is the responsibility of the Revenue Commissioners.
39
The enabling provision is Copyright Act 1963 (10/1963), s. 28, repealed by 28/2000, with provision for the retention of SIs in s. 10 and sch. 1, part 1 para. 3(5) (see footnote above). The corresponding provision in 28/2000 is s. 147. This SI is the responsibility of the Revenue Commissioners.
40
The enabling provision is Copyright Act 1963 (10/1963), s. 43, repealed by 28/2000, with provision for the retention of SIs in s. 10 and sch. 1, part 1 para. 3(5) (see footnote above). The corresponding provisions in 28/2000 are s. 188 and 189.
41
The enabling provisions are Copyright Act 1963 (10/1963), s. 35 and 36, repealed by 28/2000, with provision for the retention of SIs in s. 10 and sch. 1, part 1 para. 3(5) (see footnote above). The corresponding provisions in 28/2000 are ss. 362 and following. This SI appears to have been superseded by S.I. No. 20 of 2009, and should be revoked. This SI is the responsibility of the Revenue Commissioners.
42
Ibid.
43
Ibid.
44
The enabling provision is Copyright Act 1963 (10/1963), s. 43, repealed by 28/2000, with provision for the retention of SIs in s. 10 and sch. 1, part 1 para. 3(5) (see footnote above). The corresponding provisions in 28/2000 are s. 188 and 189.
45
This SI may be the responsibility of the Department of the Housing, Planning and Local Government. |
► 7.8.2. Industrial Designs
► 7.8.3. Irish Whiskey
Agric |
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33/1980 |
► 7.8.4. Patents
► 7.8.5. Plant Varieties: Proprietary Rights
Agric | 24/1980 | |
Agric |
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41/1998 |
49
Carried forward on amendment of the enabling Act (24/1980) by Plant Varieties (Proprietary Rights) (Amendment) Act 1998 (41/1998), s. 22(4) to be deemed as made under the 1998 Act.
50
Ibid.
51
Ibid.
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► 7.8.6. Trade Marks
► 7.8.7. Miscellaneous
Enterprise | 28/1998 | |
Enterprise |
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36/2014 |
► 7.9. Legal Metrology (Weights and Measures)
Enterprise |
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27/1996 |
Enterprise | 31/2017 | |
53
A number of SIs made under enabling provisions repealed by this Act (s. 6 and sch. 1 part 1) are spent but not recorded as such in the Legislation Directory. They should be revoked as a matter of good practice. They include S.R.& O. No. 13 of 1924 (superseded by S.I. No. 78 of 1928 which referred in art. 1 to determination of fees "in substitution of those hitherto determined"), S.R.& O. No. 19 of 1928, S.R & O. No. 80 of 1928 and S.R. & O. No. 2 of 1929 (time limited and superseded by general prohibition on use of pint as a unit of measure in S.I No. 255 of 1992), S.R.& O. No. 14 of 1931 (amends superseded regulations), S.R.& O. No. 313 of 1940 (superseded by S.I. No. 87 of 1948), S.I. No. 87 of 1948 (superseded by S.I. No. 385 of 1952), S.I. No. 385 of 1952 (time limited).
54
Revoked by S.I. No. 323 of 2008, reg. 72, except in relation to instruments in use.
55
The enabling provisions in Weights and Measures Act 1889, Weights and Measures Act 1904, Gas Regulations Act 1920, ss. 11-14 and Weights and Measures Act 1928 were repealed by 27/1996, s. 6(1) and sch. 1 part 1, subject to continuation of existing SIs under subs. (3). This SI appears to be obsolete and should be revoked.
56
The enabling provision in Gas Regulation Act 1928 (24/1928) was repealed by 27/1996, s. 6(1) and sch. 1 part 1, subject to continuation of existing SIs under subs. (3). This SI appears to be obsolete and should be revoked.
57
The enabling provision in Weights and Measures Act 1904 was repealed by 27/1996, s. 6(1) and sch. 1 part 1, subject to continuation of existing SIs under subs. (3). This SI appears to be obsolete and should be revoked.
58
This SI was arguably carried forward under s. 6(3). Made under Weights and Measures (Metric System) Act 1897, this SI substituted a table in Weights and Measures Act 1878. Both Acts were repealed by 27/1996. This SI is therefore obsolete and should be revoked. |
► 7.10. Merchandise Marks
Enterprise | 10/1970 | |
► 7.11. Packaged Goods
Enterprise | 11/1980 | |
► 7.12. Personal Insolvency, Bankruptcy and Personal Debt
► 7.12.1. Personal Insolvency
► 7.12.2. Bankruptcy
Justice | 27/1988 | |
Justice | 60/2015 | |
► 7.13. Prompt Payment of Accounts
Enterprise 59 |
|
31/1997 |
59
Public Exp (in part): see S.I. No. 418 of 2011.
60
See also European Communities (Late Payment in Commercial Transactions) Regulations 2012 (S.I. No. 580 of 2012).
61
The enabling provision is Prompt Payment of Accounts Act 1997 (31/1997), s. 10(1), which was repealed by S.I. No. 388 of 2002, reg. 10. There is a transitional saver for existing contracts under reg. 11: Sections 4 to 11 of the Prompt Payment of Accounts Act 1997 shall continue to apply to a contract for the supply of goods and services to which that Act applies made before, and still in force after, the commencement of these Regulations notwithstanding the repeal of those sections by Regulation 10. Further, the operative provisions of this SI are replaced by S.I. No. 62 of 1999. Given the lapse of time, this SI is probably obsolete and should be revoked.
62
Superseded by S.I. No. 392 of 2000, this SI should be formally revoked.
63
The enabling provision is Prompt Payment of Accounts Act 1997 (31/1997), s. 10(1) , which is repealed by S.I. No. 388 of 2002, reg. 10, subject to a transitional saver under reg. 11 for existing contracts (see footnote above). Given the lapse of time, this SI is probably obsolete and should be revoked.
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► 7.14. Sale of Goods and Supply of Services
Enterprise |
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56 & 57 Vict., c. 71 |
Enterprise |
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16/1980 |
► 7.15. Summer Time and Winter Time
Justice |
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23/1968 |
Justice | 17/1971 | |
64
A number of SIs made under this Act have expired and should be revoked: S.I. Nos. 67 of 1981, 212 of 1982, 45 of 1986, 264 of 1988, 371 of 1992, 395 of 1994, 484 of 1997.
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► 7.16. Trading Stamps
Enterprise |
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23/1980 |