Consumer Protection Act 2007
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Functions of Agency. |
8.— (1) The functions of the Agency are— | |
(a) to promote and protect the interests and welfare of consumers, | ||
(b) to enforce the relevant statutory provisions, including by the prosecution of offences, by way of summary proceedings, | ||
(c) to encourage compliance with the relevant statutory provisions, | ||
(d) to investigate instances of suspected offences under any of the relevant statutory provisions, | ||
(e) at its discretion, to refer cases to the Director of Public Prosecutions where the Agency has reasonable grounds for believing that an indictable offence under any of the relevant statutory provisions has been committed. | ||
(2) This section and the other provisions of this Part are without prejudice to section 94 (respecting the concurrent vesting in the Central Bank and Financial Services Authority of Ireland of certain functions under this Act). | ||
(3) Without prejudice to the generality of subsection (1), in performing its functions under this Act, the Agency— | ||
(a) may, and shall when requested by the Minister, advise and, as appropriate, make recommendations to the Government, the Minister, any other Minister of the Government or any Minister of State, in relation to any proposals for legislative change, or any other policy matters, concerning, or which would be likely to impact on, consumer protection and welfare, | ||
(b) may, and shall when requested by the Minister, and after consultation with such persons as it considers appropriate having regard to the proposals to be submitted, submit to the Minister, any other Minister of the Government or any Minister of State any proposals it considers appropriate for amendment of any enactment, or for new enactments, concerning consumer protection and welfare, | ||
(c) shall advise and, as appropriate, make recommendations to the Government, the Minister, any other Minister of the Government, any Minister of State, any public body or any prescribed body within the meaning of section 21 in relation to any matter concerning, or which the Agency considers would be likely to impact on, consumer protection and welfare, | ||
(d) shall foster and promote contacts, co-operation and the exchange of information with and shall consult with consumer groups and representatives, | ||
(e) shall co-operate with other competent authorities whether in the State or elsewhere charged with responsibility for the enforcement of laws relating to consumer protection and welfare or the promotion of consumer protection and welfare, | ||
(f) shall promote the development of alternative dispute resolution procedures as a means of resolving disputes arising out of consumer transactions, | ||
(g) shall conduct or commission research, studies and analysis on matters relating to the functions of the Agency and, as it considers appropriate, publish in the form and manner that the Agency thinks fit, such findings as it considers appropriate, | ||
(h) shall promote public awareness and conduct public information campaigns for the purpose of educating and advising consumers in relation to consumer protection and welfare, | ||
(i) shall promote educational initiatives and activities relating to consumer information and awareness and advise, when requested, the Minister or any other Minister of the Government, Departments of State or any public body whose activities are concerned with matters relating to any of the purposes of this Act, and any educational or training institution, | ||
(j) for the purposes of performing its functions under paragraphs (g) to (i), may, through the provision of financial or other resources, support the activities relating to consumer protection and welfare of such voluntary bodies as the Agency considers appropriate, | ||
(k) shall review and approve codes of practice in accordance with section 88 , | ||
(l) shall prepare and publish guidelines to traders in accordance with section 90 , | ||
(m) shall promote and encourage the establishment by a trader or traders, whether generally or in respect of a particular service or services, of quality assurance schemes, that is to say schemes the purpose of which is— | ||
(i) to maintain and improve the quality and reliability of the service or services provided to consumers, and | ||
(ii) to enable consumers to identify traders who meet the requirements of the scheme concerned, | ||
(n) shall perform the functions assigned to the Director under the existing enactments and transferred to the Agency pursuant to section 37 . | ||
(4) The Agency shall have all such powers as are necessary or expedient for the performance of its functions. | ||
(5) The Agency may delegate the performance of any of its functions to any member of the Agency or to any member of its staff, including the chief executive, duly authorised in that behalf by the Agency. | ||
(6) Nothing in this section or any other provision of this Act imposes a duty on the Agency to consider whether to investigate a matter relating to Part 3 that is referred to it by a trader but the Agency may, in the case of a matter so referred to it, consider whether to do so (and, accordingly, may proceed to investigate the matter) where it is satisfied the matter may affect the interests and welfare of consumers. |