Consumer Rights Act 2022

Amendment of section 73 of Act of 2007

160. Section 73 of the Act of 2007 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) In this section, ‘prohibited act or practice’ does not include:

(a) a contravention of section 59(2) (respecting weighing facilities in grocery retail);

(b) a contravention of section 60(1) (respecting preventing the reading of prices);

(c) in relation to a financial service (within the meaning of the Central Bank Act 1942) provided by a trader who is a regulated financial service provider (within the meaning of that Act), a failure or refusal by the trader to provide—

(i) a remedy to which a consumer is entitled under section 85 (1) or 86 (2)(a) of the Act of 2022, or

(ii) a reimbursement to which a consumer is entitled under section 90 of the Act of 2022.”,

and

(b) by the substitution of the following subsection for subsection (7):

“(7) Despite subsection (6), the Commission may—

(a) apply for an order against a trader under section 71, or

(b) serve a compliance notice on a trader under section 75,

if the trader fails to comply with the terms and conditions of an undertaking under this section.”.