Representative Actions for the Protection of the Collective Interests of Consumers Act 2023
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Interpretation | ||
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2. (1) In this Act— | ||
“Act of 1972” means the European Communities Act 1972 ; | ||
“Act of 2009” means the Broadcasting Act 2009 ; | ||
“applicant” has the meaning assigned to it by section 8 ; | ||
“Commission” means the European Commission; | ||
“consumer” means an individual who acts for purposes that are outside that individual’s trade, business, craft or profession; | ||
“Court” means the High Court; | ||
“cross-border representative action” means a representative action brought by a qualified entity in a Member State other than the Member State in which the qualified entity was designated; | ||
“designation criteria” means the matters specified in subsection (1) of section 8 for designation as a qualified entity; | ||
“directions notice” has the meaning assigned to it by section 10 ; | ||
“Directive” means Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 20202 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC; | ||
“Directive 2010/13/EU” means Directive 2010/13/EU of the European Parliament and of the Council of 10 March 20103 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive); | ||
“domestic representative action” means a representative action brought by a qualified entity in the Member State in which the qualified entity was designated; | ||
“enactment” has the same meaning as it has in the Interpretation Act 2005 ; | ||
“European act” means— | ||
(a) a provision of the treaties governing the European Union, or | ||
(b) an act or provision of an act adopted by an institution of the European Union, an institution of the European Communities or any other body competent under those treaties; | ||
“European Communities” has the same meaning as it has in the Act of 1972; | ||
“European Union” has the same meaning as it has in the Act of 1972; | ||
“infringement” means an infringement of a relevant enactment; | ||
“Minister” means the Minister for Enterprise, Trade and Employment; | ||
“prescribed” means prescribed by regulations made by the Minister; | ||
“qualified entity” means a legal person or public body representing consumers’ interests which has been designated by— | ||
(a) the Minister under section 8 (4)(a), or | ||
(b) a Member State (other than the State), | ||
as qualified to bring representative actions in accordance with the Directive; | ||
“redress measure” shall be construed in accordance with section 26 ; | ||
“register” has the meaning assigned to it by section 16 ; | ||
“relevant enactment” means— | ||
(a) a European act or a provision of a European act specified in Annex I to the Directive, | ||
(b) an Act of the Oireachtas specified in Part 1 of the Schedule or an instrument under such an Act of the Oireachtas, | ||
(c) a provision of an Act of the Oireachtas specified in Part 2 of the Schedule , | ||
(d) a statutory instrument specified in Part 3 of the Schedule , or | ||
(e) a provision of a statutory instrument specified in Part 4 of the Schedule ; | ||
“representative action” means an action for the protection of the collective interests of consumers that is brought by a qualified entity as a plaintiff on behalf of consumers to seek— | ||
(a) an injunction in accordance with section 23 , or | ||
(b) a redress measure in accordance with section 26 , | ||
or both; | ||
“trader” means any natural person, or any legal person irrespective of whether privately or publicly owned, that acts, including through another person acting in that person’s name or on that person’s behalf, for purposes relating to that person’s trade, business, craft or profession; | ||
“treaties governing the European Union” has the same meaning as it has in the Act of 1972. | ||
(2) A word or expression that is used in the Directive and in this Act has, unless the context otherwise requires, the same meaning in this Act as it has in the Directive. | ||