Competition and Consumer Protection Act 2014


Supplementary powers of Commission with respect to carrying out certain functions

11. (1) To enable the Commission to perform the functions set out in section 10(3)(j), the Commission may—

(a) undertake studies, analyses and surveys with respect to the provision of financial services to consumers,

(b) collect and compile information for that purpose, and

(c) publish the results of any such studies, analyses or surveys.

(2) In undertaking a study, analysis or survey under subsection (1), the Commission—

(a) may, by notice in writing, require any person who, in the opinion of the Commission has information, or has control of a record or other thing, that is relevant to the study, analysis or survey to provide the information, record or thing to the Commission, and

(b) may, by the same or another notice in writing, require the person to attend before a member or member of the staff of the Commission for that purpose.

(3) A person who—

(a) intentionally prevents the Commission from exercising a function conferred by subsection (1),

(b) intentionally obstructs or hinders the Commission in the exercise of such a power,

(c) without reasonable excuse, fails to comply with a requirement made to the person in accordance with subsection (2), or

(d) in purporting to comply with a requirement made under subsection (2) to provide information, provides the Commission with information that the person knows, or ought reasonably to know, is false or misleading in a material respect,

is guilty of an offence.

(4) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €30,000 or imprisonment for a term not exceeding 5 years or both.

(5) Summary proceedings for an offence under this section may be brought and prosecuted by the Commission.


Editorial Notes:


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