S.I. No. 307/2000 - European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations, 2000
I, Mary Harney, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving further effect to Council Directive No. 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts(a) hereby make the following Regulations: | ||||||
1. (1) These Regulations may be cited as the European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations, 2000. | ||||||
(2) The Principal Regulations and these Regulations may be cited together as the European Communities (Unfair Terms in Consumer Contracts) Regulations, 1995 and 2000. | ||||||
(3) These Regulations shall apply to contracts concluded after 2 October, 2000. | ||||||
2. In these Regulations “Principal Regulations” means the European Communities (Unfair Terms in Consumer Contracts) Regulations, 1995 ( S.I. No. 27 of 1995 ). | ||||||
3. Regulation 2 of the Principal Regulations is amended by the insertion of the following definition after the definition of “consumer”: | ||||||
“ ‘consumer organisation’ means - | ||||||
(a) a company, the memorandum of association of which states the company's main object or objects to be the protection of consumer interests, | ||||||
or | ||||||
(b) a body corporate (other than a company) or an unincorporated body of persons in relation to which there exists a constitution or a deed of trust which states the body's main object or objects to be the protection of consumer interests;”. | ||||||
4. Regulation 5 of the Principal Regulations is amended - | ||||||
(a) In paragraph (2) by the substitution for “Where there is a doubt” of “Subject to paragraph (3) of this Regulation, where there is a doubt”. | ||||||
and | ||||||
(b) by the insertion of the following paragraph after paragraph (2): | ||||||
“(3) Paragraph (2) of this Regulation does not apply to proceedings under Regulation 8(1) of these Regulations.”. | ||||||
5. Regulation 8 of the Principal Regulations is amended: | ||||||
(a) in paragraph (1) by the insertion of “or a consumer organisation” after “The Director”, | ||||||
(b) in paragraph (2) by the insertion of “or the consumer organisation” after “The Director”, and | ||||||
(c) in paragraph (4) by the insertion of “, the consumer organisation” after “the Director”. | ||||||
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Explanatory Note | ||||||
(This note is not part of the Instrument and does not purport to be a legal interpretation) | ||||||
These Regulations give further effect to the Directive not fully transposed in the European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations, 1995 ( S.I. No. 27 of 1995 ). They provide that Consumer organisations set up for the purpose of protecting consumer rights be allowed to bring an injunction. | ||||||
