C1

National Consumer Agency and Competition Authority dissolved and transfer of their functions to Competition and Consumer Protection Commission effected (31.10.2014, establishment date) by Competition and Consumer Protection Act 2014 (29/2014), s. 38, 39, effectively commenced by Establishment Day Order S.I. No. 367 of 2014.

Dissolution of National Consumer Agency and Competition Authority

38. (1) The National Consumer Agency and the Competition Authority (each of which is, in this Act, referred to as a “dissolved body”) are dissolved.

(2) This section shall come into operation on the establishment day.

Transfer of functions to Commission

39. (1) All functions that, immediately before the establishment day, were vested in the dissolved bodies are transferred to the Commission.

(2) References in any Act of the Oireachtas passed before the establishment day or in any instrument made before that day under an Act of the Oireachtas to—

(a) the National Consumer Agency, or

(b) the Competition Authority,

shall, on and after that day, be construed as references to the Commission.

(3) A reference in any Act of the Oireachtas passed before the establishment day or in any instrument made before that day under an Act of the Oireachtas to the chief executive of the National Consumer Agency shall, on and after that day, be construed as a reference to the chairperson of the Commission.

(4) This section shall come into operation on the establishment day.

C2

Transfer of functions of Director of Consumer Affairs to National Consumer Agency effected (1.05.2007, establishment date) by Consumer Protection Act 2007 (19/2007), s. 37 and sch. 1, effectively commenced by Establishment Day Order S.I. No. 179 of 2007.

Transfer of functions to Agency.

37.— (1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by subsection (2) are transferred to the Agency on the establishment day.

C3

Relationship between Act and European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 explained (22.01.2003) by European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 (S.I. No. 11 of 2003), reg. 3.

Relationship between Regulations and consumer protection enactments.

3. (1) Subject to paragraphs (3) and (4), these Regulations are in addition to, and not in substitution for, any other enactment relating to the sale of goods or the terms of contracts concluded with consumers, and in particular —

(a) the Sale of Goods and Supply of Services Acts 1893 and 1980,

and

(b) the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (S.I. No. 27 of 1995).

(2) In particular, Regulation 4 is in addition to, and not in substitution for, a provision of any other enactment that provides that a consumer shall not be deprived, by virtue of a choice of the kind mentioned in that Regulation, of the protection afforded by any enactment.

(3) In a case where the level of protection for the consumer afforded by a particular provision of these Regulations is greater than that afforded by a particular provision of another enactment, or to the extent that the invocation of a latter such provision by the consumer would diminish the first-mentioned level of protection for him or her —

(a) the consumer may opt to invoke the particular provision of these Regulations to the exclusion of the other provision, and

(b) the other provision may be invoked, and shall be construed and operate so as to be capable of being invoked, by the consumer in a manner that does not diminish the first-mentioned level of protection for him or her,

but nothing in this paragraph operates to extend the application of these Regulations to a person who is not a consumer within the meaning of these Regulations or to goods that are not consumer goods within the meaning of these Regulations.

(4) In a case where the level of protection for the consumer afforded by a particular provision of any other enactment is greater than that afforded by a particular provision of these Regulations, or to the extent that the invocation of a latter such provision by the consumer would diminish the first-mentioned level of protection for him or her —

(a) the consumer may opt to invoke the particular provision of that other enactment to the exclusion of the other provision of these Regulations, and

(b) that other provision of these Regulations may be invoked, and shall be construed and operate so as to be capable of being invoked, by the consumer in a manner that does not diminish the first-mentioned level of protection for him or her,

but nothing in this paragraph operates to afford to any person the protection of that provision of the other enactment in any case where it would not otherwise be so afforded.

C4

Application of Act not restricted (13.05.1996) by Consumer Credit Act 1995 (24/1995), s. 42(1), S.I. No. 121 of 1996.

Liability regarding goods and services.

42.—(1) The existence of a credit agreement shall not in any way affect the rights of the consumer under the Act of 1980 against the supplier of goods or services purchased by means of such an agreement in cases where the goods or services are not supplied or are otherwise not in conformity with the contract for their supply.

...

C5

Application of Act confirmed (8.12.1994) by European Communities (Life Assurance) Framework Regulations 1994 (S.I. No. 360 of 1994), reg. 43(b).

General good requirements.

43.— In conformity with the general good in accordance with the laws of the European Communities, an insurance undertaking shall, in particular, comply with the following criteria—

...

( b ) the provisions of the Sale of Goods and Supply of Services Act, 1980, applicable to insurance contracts and the marketing and selling of insurance products;

...

C6

Application of Act confirmed (8.12.1994) by European Communities (Non-Life Insurance) Framework Regulations 1994 (S.I. No. 359 of 1994), reg. 24(d).

General Good Requirements.

24.— In conformity with the general good in accordance with the law of the European Communities, an insurance undertaking shall, in particular, comply with the following criteria—

...

( d ) the provisions of the Sale of Goods and Supply of Service Act, 1980, applicable to insurance contracts and the marketing and selling of insurance products,

...

C7

Application of Act restricted (1.05.1991) by International Carriage of Goods by Road Act 1990 (13/1990), s. 3(3), S.I. No. 22 of 1991 (commenced in relation to carriage other than carriage between the State and the United Kingdom of Great Britain and Northern Ireland).

Application of certain enactments in relation to CMR.

3. —...

(3) The Carriers Act, 1830, section 7 of the Railway and Canal Traffic Act, 1854, the Sale of Goods Act, 1893, and the Sale of Goods and Supply of Services Act, 1980, shall not apply in relation to contracts for the carriage of goods if the carriage is carriage in relation to which CMR applies.

...

C8

Application of Act affected (9.07.1980) by Trading Stamps Act 1980 (23/1980), s. 8, commenced on enactment.

Application of Sale of Goods Act, 1893, and Sale of Goods and Supply of Services Act, 1980.

8.— (1) For the purposes of the Sale of Goods Act, 1893, and the Sale of Goods and Supply of Services Act, 1980, the publication by a company which is the promoter of a trading stamp scheme of a catalogue shall be regarded as an offer, and the tender within the prescribed period of validity of the appropriate number of stamps shall be regarded as an acceptance, in the same way as if the offer and the acceptance were for a monetary consideration.

(2) The provisions of the Sale of Goods Act, 1893, and of the Sale of Goods and Supply of Services Act, 1980, shall apply in every case where the promoter of a trading stamp scheme offers goods or services in exchange for trading stamps.

(3) Where a person other than a promoter of a trading stamp scheme offers goods or services in exchange for trading stamps, the provisions of the Sale of Goods Act, 1893, and of the Sale of Goods and Supply of Services Act, 1980, shall apply in the same way as if that exchange were for a monetary consideration.