Consumer Protection Act 2007

83.

Summary trial of persons indicted.

83.— (1) F102[If a person is charged with an offence under section 65(2) of this Act], the District Court may try the person summarily if—

(a) the court is of opinion that the facts proved or alleged constitute a minor offence fit to be tried summarily,

(b) the accused, on being informed by the court of his or her right to be tried with a jury, does not object to being tried summarily, and

(c) the Director of Public Prosecutions consents to the accused being tried summarily for the offence.

(2) On conviction by the court for an offence under section 65(2) that is tried summarily under subsection (1), the following apply:

(a) the accused is liable to the following fines and penalties:

(i) if it is a first conviction for an offence under this Act, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both;

(ii) if it is not a first conviction for an offence under this Act, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both;

(b) section 80 (respecting liability for costs and expenses of proceedings and investigation);

(c) section 82 (publication of a corrective statement).

(3) However, if after conviction referred to in subsection (2), the accused continues to contravene section 65(1), the accused is guilty of a further offence on each day that the contravention continues and for each such offence is liable—

(a) on summary conviction, to a fine not exceeding €500, and

(b) on conviction on indictment, to a fine not exceeding €10,000.

(4) F103[…]

Annotations

Amendments:

F102

Substituted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 83, S.I. No. 366 of 2014.

F103

Deleted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 83, S.I. No. 366 of 2014.

Modifications (not altering text):

C39

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.]

C40

Application of section extended (13.06.2014) by European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2012), reg. 38(2), in effect as per reg. 1(2).

38. ...

(2) Sections 76 to 78 and sections 80, 83 and 84 of the Act of 2007 shall apply to an offence under these Regulations as they apply to an offence under that Act and, accordingly, references in those sections to an offence under that Act shall be construed as including references to an offence under these Regulations.

Editorial Notes:

E83

A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 5(2), table ref. no. 1, S.I. No. 662 of 2010.

E84

A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 4(2), table ref. no. 1, S.I. No. 662 of 2010.

E85

A fine of €500 translates into a class E fine, not greater than €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 8(2), table ref. no. 1, S.I. No. 662 of 2010.