Consumer Credit Act 1995
Number 24 of 1995
CONSUMER CREDIT ACT 1995
REVISED
Updated to 29 November 2022
This Revised Act is an administrative consolidation of the Consumer Credit Act 1995. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Consumer Rights Act 2022 (37/2022), enacted 7 November 2022, and all statutory instruments up to and including the Consumer Rights Act 2022 (Commencement) Order 2022 (S.I. No. 596 of 2022), made 28 November 2022, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 24 of 1995
CONSUMER CREDIT ACT 1995
REVISED
Updated to 29 November 2022
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Consumer Rights Act 2022 (37/2022)
• Consumer Credit (Amendment) Act 2022 (13/2022)
• Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Act 2022 (5/2022)
• Data Protection Act 2018 (7/2018)
• Consumer Protection (Regulation of Credit Servicing Firms) Act 2015 (21/2015)
• Competition and Consumer Protection Act 2014 (29/2014)
• Central Bank (Supervision and Enforcement) Act 2013 (26/2013)
• Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012)
• Criminal Justice Act 2011 (22/2011)
• Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)
• Central Bank Reform Act 2010 (23/2010)
• Nursing Homes Support Scheme Act 2009 (15/2009)
• Consumer Protection Act 2007 (19/2007)
• Investment Funds, Companies and Miscellaneous Provisions Act 2005 (12/2005)
• Central Bank and Financial Services Authority of Ireland Act 2004 (21/2004)
• Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003)
• ACC Bank Act 2001 (12/2001)
• ICC Bank Act 2000 (32/2000)
• Electronic Commerce Act 2000 (27/2000)
• Taxes Consolidation Act 1997 (39/1997)
• Finance Act 1997 (22/1997)
• Credit Union Act 1997 (15/1997)
• Central Bank Act 1997 (8/1997)
All Acts up to and including Consumer Rights Act 2022 (37/2022), enacted 7 November 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Consumer Credit Act 1995 (section 98A) (Maximum Interest Rates) Regulations 2022 (S.I. No. 576 of 2022)
• Consumer Credit Act 1995 (Section 2) Regulations 2016 (S.I. No. 325 of 2016)
• European Union (Consumer Mortgage Credit Agreements) Regulations 2016 (S.I. No. 142 of 2016)
• Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (Section 11) Order 2015 (S.I. No. 527 of 2015)
• Consumer Credit Act 1995 (Section 2) Regulations 2015 (S.I. No. 352 of 2015)
• Consumer Credit Act 1995 (Section 2) (No. 1) Regulations 2014 (S.I. No. 355 of 2014)
• Consumer Credit Act 1995 (Section 2) (No. 1) Regulations 2012 (S.I. No. 322 of 2012)
• Consumer Credit Act 1995 (Section 2) (No. 1) Regulations 2010 (S.I. No. 551 of 2010)
• European Communities (Consumer Credit Agreements) Regulations 2010 (S.I. No. 281 of 2010)
• Consumer Credit Act 1995 (Section 2) (No. 1) Regulations 2008 (S.I. No. 125 of 2008)
• Consumer Credit Act, 1995 (Section 2) (No. 4) Regulations 2007 (S.I. No. 751 of 2007)
• Consumer Credit Act 1995 (Section 2) (No. 4) Regulations 2007 (S.I. No. 690 of 2007)
• Consumer Credit Act, 1995 (Section 2) (No. 3) Regulations 2007 (S.I. No. 139 of 2007)
• Consumer Credit Act, 1995 (Section 2) (No. 2) Regulations 2007 (S.I. No. 138 of 2007)
• Consumer Credit Act, 1995 (Section 2) (No. 1) Regulations 2007 (S.I. No. 100 of 2007)
• Consumer Credit Act, 1995 (Section 2) (No. 1) Regulations 2006 (S.I. No. 687 of 2006)
• European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2006 (S.I. No. 290 of 2006)
• Consumer Credit Act 1995 (Section 2) (Amendment) Regulations 2005 (S.I. No. 372 of 2005)
• Consumer Credit Act 1995 (Section 2) (No. 1) Regulations 2005 (S.I. No. 371 of 2005)
• Consumer Credit Act 1995 (Section 2) (No. 3) Regulations 2004 (S.I. No. 715 of 2004)
• Central Bank Act 1942 (Sections 33J and 33K) Regulations 2004 (S.I. No. 447 of 2004)
• Consumer Credit Act, 1995 (Section 2) (No. 2) Regulations 2004 (S.I. No. 414 of 2004)
• Consumer Credit Act 1995 (Section 2) (No. 1) Regulations 2004 (S.I. 93 of 2004)
• Consumer Credit Act 1995 (Section 2) (No. 2) Regulations 2002 (S.I. No. 339 of 2002)
• European Communities (Cross Border Payments in Euro) Regulations 2002 (S.I. No. 335 of 2002)
• Consumer Credit Act 1995 (Section 2) Regulations 2002 (S.I. No. 142 of 2002)
• Consumer Credit Act, 1995 (Section 2) Regulations 2001 (S.I. No. 432 of 2001)
• European Communities (Consumer Credit) Regulations 2000 (S.I. No. 294 of 2000)
• Consumer Credit Act, 1995 (Section 2) Regulations 2000 (S.I. No. 113 of 2000)
• Consumer Credit Act, 1995 (Section 2) (No. 2) Regulations 1999 (S.I. No. 392 of 1999)
• Consumer Credit Act, 1995 (Section 2) Regulations 1999 (S.I. No. 15 of 1999)
• Consumer Credit Act, 1995 (Section 3) Regulations 1997 (S.I. No. 186 of 1997)
• Consumer Credit Act, 1995 (Section 2) (No. 2) Regulations 1996 (S.I. No. 369 fo 1996)
• European Communities (Consumer Credit Act, 1995) (Amendment) Regulations 1996 (S.I. No. 277 of 1996)
• Consumer Credit Act, 1995 (Section 120) Regulations 1996 (S.I. No. 247 of 1996)
• Consumer Credit Act, 1995 (Section 60) (No. 2) Regulations 1996 (S.I. No. 246 of 1996)
• Consumer Credit Act, 1995 (Section 28) Regulations 1996 (S.I. No. 245 of 1996)
• Consumer Credit Act, 1995 (Section 129) Regulations 1996 (S.I. No. 132 of 1996)
• Consumer Credit Act, 1995 (Section 86) Regulations 1996 (S.I. No. 131 of 1996)
• Consumer Credit Act, 1995 (Section 60) Regulations 1996 (S.I. No. 130 of 1996)
• Consumer Credit Act, 1995 (Section 37) Regulations 1996 (S.I. No. 129 of 1996)
• Consumer Credit Act, 1995 (Section 36) Regulations 1996 (S.I. No. 128 of 1996)
• Consumer Credit Act, 1995 (Section 2) Regulations 1996 (S.I. No. 127 of 1996)
• Consumer Credit Act, 1995 (Commencement) Order 1996 (S.I. No. 121 of 1996)
All statutory instruments up to and including Consumer Rights Act 2022 (Commencement) Order 2022 (S.I. No. 596 of 2022), made 28 November 2022, were considered in the preparation of this revision.
Number 24 of 1995
CONSUMER CREDIT ACT 1995
REVISED
Updated to 29 November 2022
ARRANGEMENT OF SECTIONS
Preliminary and General
Section |
|
Responsibilities and Powers of Director of Consumer Affairs
Functions and Powers of Central Bank of Ireland
Provisions applicable to Director and Bank
Director and Bank to be immune from certain civil proceedings. |
|
Advertising and Offering of Financial Accommodation
Annual Percentage Rate
Requirements Relating to Credit Agreements and Form and Contents thereof
Matters Arising During Currency of Agreements
Power of court to re-open credit agreement where charge is excessive. |
|
Making demands and threats in relation to unenforceable agreements. |
|
Matters Arising on Termination of Agreements or on Default
Reduction where amount owed becomes payable before time fixed by agreement. |
|
Hire-Purchase Agreements
Consumer-Hire Agreements
Regulations relating to form and content of consumer-hire agreements. |
|
Application of sections 73A to 83 to consumer-hire agreements. |
|
Duty of hirer to give information as to whereabouts of goods. |
Provisions Relating to Moneylending
Housing Loans Made by Mortgage Lenders
Miscellaneous
Credit Intermediaries
Obligation to display copy of credit intermediaries authorisation. |
|
Prohibition on alteration or falsification of credit intermediaries authorisation. |
|
Obligation on Credit Institutions to Notify Director of all Customer Charges
Customer charges, etc., by credit institutions that are subject to regulation by the Bank. |
|
Customer charges, etc. payable by persons authorised to carry on business of a bureau de change. |
|
Moneylenders, Credit and Mortgage Intermediaries Registers
Register of high cost credit providers and mortgage intermediaries. |
|
Amendment of Sale of Goods and Supply of Services Act, 1980
Amendment of Pawnbrokers Act, 1964
Amendment of Consumer Information Act, 1978
Number 24 of 1995
CONSUMER CREDIT ACT 1995
REVISED
Updated to 29 November 2022
AN ACT TO REVISE AND EXTEND THE LAW RELATING TO CONSUMER CREDIT, HIRE-PURCHASE, HIRING AND MONEYLENDING AND TO ENABLE EFFECT TO BE GIVEN TO COUNCIL DIRECTIVE NO. 87/102/EEC OF 22 DECEMBER, 1986, AS AMENDED BY COUNCIL DIRECTIVE NO. 90/88/EEC OF 22 FEBRUARY, 1990, AND FOR THOSE PURPOSES TO REPEAL THE HIRE-PURCHASE ACTS, 1946 TO 1980, AND THE MONEYLENDERS ACTS, 1900 TO 1989, AND TO REPEAL AND AMEND CERTAIN PROVISIONS OF THE SALE OF GOODS AND SUPPLY OF SERVICES ACT, 1980, TO PROVIDE THAT THE DIRECTOR OF CONSUMER AFFAIRS SHALL MONITOR ALL CUSTOMER CHARGES BY CREDIT INSTITUTIONS AND FOR THAT PURPOSE TO REPEAL SECTION 28 OF THE CENTRAL BANK ACT, 1989, TO PROVIDE FOR THE AMENDMENT AND EXTENSION OF THE PAWNBROKERS ACT, 1964, TO PROVIDE FOR THE AMENDMENT OF SECTION 9 OF THE CONSUMER INFORMATION ACT, 1978, AND TO PROVIDE FOR CONNECTED MATTERS. [31st July, 1995]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions of National Consumer Agency re-transferred and references construed (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 39, S.I. No. 366 of 2014. Functions were previously transferred from Director of Consumer Affairs to National Consumer Agency, see E-note below.
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
...
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.
C2
Application of Act restricted (1.10.1997) by Credit Union Act 1997 (15/1997), s. 184(c), S.I. No. 403 of 1997, as substituted (1.08.2013) by Credit Union and Co-operation with Overseas Regulators Act 2012 (40/2012), s. 34, S.I. No. 280 of 2013.
Certain enactments not to apply to credit unions etc.
[184.— The following enactments, namely— ...
(c) the Consumer Credit Act 1995,
shall not apply to a credit union or to a body the members of which are credit unions and the principal objects of which are the promotion of the credit union movement and the provision of services to credit unions.]
Editorial Notes:
E1
Offences under Act excluded from application of Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 11 (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (Section 11) Order 2015 (S.I. No. 527 of 2015), arts. 3, 4 and sch., in effect as per art. 1(2).
E2
Exemption of Act from application of Electronic Commerce Act 2000 by Electronic Commerce Act 2000 (27/2000), s. 11 removed (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 89, S.I. No. 287 of 2013.
E3
Competent authorities designated for purpose of Act (30.05.2006) by European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2006 (S.I. No. 290 of 2006), reg. 4(1) and sch. ref. no. 3.
E4
Act included in definition of designated enactments for purposes of Central Bank Act 1942 (22/1942), s. 2(1) and sch. 2 part 1 item 22, as substituted (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 31, S.I. No. 160 of 2003, and as subsequently substituted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(1) and sch. 1 part 1 item 82, S.I. No. 469 of 2010.
E5
Previous affecting provision: functions of Director of Consumer Affairs transferred and references construed (1.05.2007) by Consumer Protection Act (19/2007), ss. 2, 37 and sch. 1 part 1, S.I. No. 178 of 2007; repealed (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 7(2), S.I. No. 366 of 2014.
E6
Previous affecting provision: functions of Central Bank transferred and references construed by Central Bank Act (22/1942), s. 33C(1) and sch. 2, as inserted (1.05.2003) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 26, S.I. No. 160 of 2003; substituted and deleted (1.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(1) and sch. 1 part 1 item 39, S.I. No. 469 of 2010.