Consumer Rights Act 2022
Amendment of section 75 of Act of 2007 | ||
162. Section 75 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 a regulation under section 57 (respecting price display regulations), | ||
(b) 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.”, | ||
(b) in subsection (3)(d), by the substitution of “relevant court specified in the notice” for “District Court”, | ||
(c) by the insertion of the following subsection after subsection (3): | ||
“(3A) Where the person on whom the compliance notice is served is a trader, an authorised officer may include a requirement under subsection (3)(b) that the trader refund any payments made by the consumer in any transaction relating to the contravention to which the notice relates;”, | ||
(d) in subsection (5), by the substitution of “relevant court specified in the notice” for “District Court in the district court district in which the notice was served”, and | ||
(e) by the insertion of the following subsection after subsection (14): | ||
“(15) In this section, ‘relevant court’ means— | ||
(a) the District Court, | ||
(b) the Circuit Court, or | ||
(c) the High Court.”. |