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Number 19 of 2007
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CONSUMER PROTECTION ACT 2007
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ARRANGEMENT OF SECTIONS
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PART 1
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Preliminary Matters
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Section
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1. Short title and commencement.
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2. Interpretation and application.
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3. Regulations.
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4. Repeals.
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5. Expenses.
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PART 2
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National Consumer Agency
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Chapter 1
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The Agency
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6. Establishment day.
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7. Establishment of Agency.
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8. Functions of Agency.
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9. Review of legislation.
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10. Membership of Agency.
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11. Chairperson of Agency.
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12. Meetings and procedures of Agency.
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13. Committees.
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14. Chief executive.
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15. Functions of chief executive.
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16. Attendance of chief executive before Committee of Public Accounts.
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17. Attendance of chief executive before other Oireachtas Committees.
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18. Membership of either House of the Oireachtas, European Parliament or local authority.
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19. Indemnity for members of Agency.
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20. Strategy statement and work programme of Agency.
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21. Provision for co-operation between Agency and certain prescribed bodies.
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22. Reports and information to Minister.
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23. Accounts and audits.
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24. Advances by Minister to Agency.
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25. Disclosure of interests.
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26. Power to enter into contracts and to engage consultants and advisers.
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27. Premises of Agency.
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28. Seal of Agency.
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29. Power to borrow.
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30. Authorised officers of Agency.
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31. Disclosure of information relating to offences.
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32. Prohibition on unauthorised disclosure of information.
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33. Amendment of Freedom of Information Act 1997.
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Chapter 2
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Staff of Agency
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34. Staffing.
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35. Transfer of employment of certain persons to Agency.
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36. Superannuation.
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Chapter 3
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Transfer of Functions, etc.
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37. Transfer of functions to Agency.
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38. Preservation of existing contracts.
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39. Transfer of assets and liabilities.
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40. References in certain other enactments to Director or Office of Director.
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PART 3
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Commercial Practices
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Chapter 1
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Unfair Commercial Practices
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41. General prohibition on unfair commercial practices.
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Chapter 2
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Misleading Commercial Practices
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42. General prohibition on misleading commercial practices.
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43. Misleading: false, misleading or deceptive information.
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44. Misleading: competitor or product confusion in marketing or advertising.
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45. Misleading: non-compliance with commitment under code of practice by which trader is bound.
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46. Misleading: withholding, omitting or concealing material information.
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47. Offence: misleading commercial practices.
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48. Prohibition on surcharges where one method of payment chosen in preference to another.
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49. Requirement that surcharge (where otherwise permissible) be stated as part of price.
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50. Consumer information regulations.
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51. Offences: contravening consumer information regulations.
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Chapter 3
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Aggressive Commercial Practices
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52. General prohibition on aggressive commercial practices.
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53. Aggressive commercial practices.
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54. Offence: aggressive commercial practices.
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Chapter 4
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Prohibited Commercial Practices
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55. Prohibited commercial practices.
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56. Offence: prohibited commercial practices.
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57. Price display regulations.
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58. Offence: price display contraventions.
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59. Offence: weighing facilities in grocery retail.
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60. Offence: preventing the reading of prices.
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61. State of emergency affecting supply of a product.
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62. Power to fix maximum prices during state of emergency.
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63. Offence: contravening maximum price orders.
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PART 4
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Pyramid Promotional Schemes
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64. Definition (Part 4).
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65. Indictable offence: participating in, establishing, operating or promoting pyramid promotional schemes.
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66. Pyramid promotional scheme agreements void.
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PART 5
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Proceedings, Remedies and Penalties
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Chapter 1
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Interpretation and General Matters related to Proceedings
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67. Definition (Part 5).
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68. Presumption respecting representations.
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69. Advertisers.
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70. Offence of trader due to act or default of another person.
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Chapter 2
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Civil Proceedings
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71. Civil relief by way of prohibition orders.
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72. Prohibition orders against code owners.
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73. Undertakings with the Agency.
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74. Consumer's right of action for damages.
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Chapter 3
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Compliance Notices
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75. Compliance notices.
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Chapter 4
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Criminal Proceedings
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76. Time limit for instituting proceedings.
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77. Liability for offences by bodies corporate.
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78. Defence of due diligence.
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79. Fines and penalties.
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80. Convicted persons liable for costs and expenses of proceedings and investigation.
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81. Convicted traders liable to compensate consumers for loss or damage.
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82. Court may order convicted person to publish corrective statement.
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83. Summary trial of persons indicted.
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84. Agency may institute summary proceedings for offences.
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Chapter 5
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Fixed Payment Notices
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85. Fixed payment notices for price display and product pricing offences.
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Chapter 6
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Publication of Trader Names (Consumer Protection List)
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86. Agency may publish information respecting certain persons.
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PART 6
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Miscellaneous
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87. Protections for persons reporting breaches.
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88. Voluntary submission of codes for Agency review and approval.
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89. Admissibility of codes of practice in proceedings.
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90. Agency guidelines.
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91. Saving for certain contracts.
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92. Saving of current price display orders.
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93. Transitional.
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94. Amendment of Central Bank Act 1942.
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95. Amendment of Sale of Goods and Supply of Services Act 1980.
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96. Saving for other rights person may have.
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97. Amendment of Industrial Development Act 1993.
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98. Amendment of Casual Trading Act 1995.
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99. Amendment of Hallmarking Act 1981.
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100. Power of officer of customs and excise to detain unsafe goods.
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101. Directions under certain instruments respecting product safety: actions of third parties.
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102. Admissibility of certain laboratory tests.
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SCHEDULE 1
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Existing Enactments
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PART 1
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Enactments — Acts of the Oireachtas
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PART 2
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Enactments made under the European Communities Act 1972 which are existing Enactments
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SCHEDULE 2
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Repeals
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SCHEDULE 3
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References in Certain Acts and Instruments to Director or Office of Director
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PART 1
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References in Certain Acts to Director of Consumer Affairs or Office of the Director of Consumer Affairs
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PART 2
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References in Certain Instruments to Director of Consumer Affairs or Office of the Director of Consumer Affairs
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SCHEDULE 4
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Enactments for the purpose of section
73
(Undertakings with the Agency)
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SCHEDULE 5
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Enactments for the purpose of section
75
(Compliance notices)
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SCHEDULE 6
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Redress for contravention of section 87
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SCHEDULE 7
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Statutory Instruments for the purposes of sections 101 and 102 (Directions respecting product safety and admissibility of laboratory tests)
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SCHEDULE 8
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Directives for the purpose of section 102 (Admissibility of laboratory tests)
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Acts Referred to
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Agricultural Produce (Fresh Meat) Act 1930
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1930, No. 10
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Agricultural Produce (Potatoes) Act 1931
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1931, No. 26
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Anglo-Portuguese Commercial Treaty Act 1914
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5 & 6 Geo. 5., c. 1
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Anglo-Portuguese Commercial Treaty Act 1916
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6 & 7 Geo. 5., c. 39
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Carer’s Leave Act 2001
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2001, No. 19
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Casual Trading Act 1995
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1995, No. 19
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Central Bank Act 1942
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1942, No. 22
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Central Bank and Financial Services Authority of Ireland Act 2003
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2003, No. 12
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Central Bank and Financial Services Authority of Ireland Act 2004
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2004, No. 21
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Companies Act 1990
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1990, No. 33
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Competition Act 2002
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2002, No. 14
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Comptroller and Auditor General (Amendment) Act 1993
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1993, No. 8
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Consumer Credit Act 1995
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1995, No. 24
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Consumer Information Act 1978
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1978, No. 1
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Criminal Procedure Act 1967
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1967, No. 12
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Electronic Commerce Act 2000
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2000, No. 27
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European Communities (Amendment) Act 1993
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1993, No. 25
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European Communities Act 1972
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1972, No. 27
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European Parliament Elections Act 1997
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1997, No. 2
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Food Safety Authority of Ireland Act 1998
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1998, No. 29
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Freedom of Information Act 1997
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1997, No. 13
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Hallmarking Act 1981
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1981, No. 18
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Industrial Development Act 1986
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1986, No. 9
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Industrial Development Act 1993
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1993, No. 19
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Interpretation Act 2005
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2005, No. 23
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Investment Funds, Companies and Miscellaneous Provisions Act 2006
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2006, No. 41
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Liability for Defective Products Act 1991
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1991, No. 28
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Local Government Act 2001
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2001, No. 37
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Merchandise Marks Act 1887
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50 & 51 Vic., c. 28
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Merchandise Marks Act 1891
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54 & 55 Vic., c. 15
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Merchandise Marks Act 1911
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1 & 2 Geo. 5., c. 31
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Merchandise Marks Act 1931
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1931, No. 48
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Merchandise Marks Act 1970
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1970, No. 10
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Merchandise Marks Acts 1887 to 1978
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Minimum Notice and Terms of Employment Acts 1973 to 2005
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National Archives Act 1986
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1986, No. 11
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National Standards Authority of Ireland Act 1996
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1996, No. 28
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Occasional Trading Act 1979
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1979, No. 35
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Official Languages Act 2003
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2003, No. 32
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Ombudsman Act 1980
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1980, No. 26
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Ombudsman for Children Act 2002
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2002, No. 22
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Organisation of Working Time Act 1997
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1997, No. 20
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Packaged Goods (Quantity Control) Act 1980
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1980, No. 11
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Package Holidays and Travel Trade Act 1995
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1995, No. 17
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Parental Leave Acts 1998 and 2006
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Pawnbrokers Act 1964
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1964, No. 31
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Personal Injuries Assessment Board Act 2003
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2003, No. 46
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Portuguese Treaty Act 1930
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1930, No. 35
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Prices (Amendment) Act 1972
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1972, No. 20
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Prices Act 1958
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1958, No. 4
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Prompt Payment of Accounts Act 1997
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1997, No. 31
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Protection of Employees (Fixed-Term Work) Act 2003
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2003, No. 29
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Protection of Employees (Part-Time Work) Act 2001
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2001, No. 45
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Pyramid Selling Act 1980
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1980, No. 27
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Redundancy Payments Acts 1967 to 2003
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Restrictive Practices (Amendment) Act 1987
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1987, No. 31
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Road Traffic Act 1968
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1968, No. 25
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Sale of Goods and Supply of Services Act 1980
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1980, No. 16
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Seed Production Act 1955
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1955, No. 14
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Spanish Trade Agreement Act 1936
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1936, No. 6
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Taxes Consolidation Act 1997
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1997, No. 39
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Terms of Employment (Information) Act 1994
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1994, No. 5
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Terms of Employment (Information) Acts 1994 and 2001
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Trading Stamps Act 1980
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1980, No. 23
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Unfair Dismissals Act 1977
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1977, No. 10
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Unfair Dismissals Acts 1977 to 2005
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Veterinary Practice Act 2005
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2005, No. 22
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Number 19 of 2007
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CONSUMER PROTECTION ACT 2007
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AN ACT TO GIVE EFFECT TO THE UNFAIR COMMERCIAL PRACTICES DIRECTIVE (DIRECTIVE NO. 2005/29/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 11 MAY 2005), TO ESTABLISH A BODY TO BE KNOWN AS AN GHNÍOMHAIREACHT NÁISIÚNTA TOMHALTÓIRÍ OR, IN THE ENGLISH LANGUAGE, THE NATIONAL CONSUMER AGENCY AND TO DEFINE ITS FUNCTIONS, TO MAKE NEW PROVISION IN RELATION TO PYRAMID SELLING SCHEMES, TO AMEND THE INDUSTRIAL DEVELOPMENT ACT 1993 AND TO PROVIDE FOR RELATED MATTERS.
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[21st April, 2007]
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BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
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