Part 6, Section 90 · Consumer Protection Act 2007

Contents

90Agency guidelines.#

— (1) Subject to this section, the Agency may prepare, issue and publish guidelines applicable to traders, or persons representing traders, concerning any of the following:

(a)a matter of consumer welfare or protection;

(b)a matter of practical guidance to traders in relation to commercial practices, whether generally or in a particular trade, business or professional sector;

(c)the establishment, form and operation of quality assurance schemes referred to in section 10(3)(i) of the Competition and Consumer Protection Act 2014;

(d)the form and manner of submitting codes of practice to the Agency for approval under section 88;

(e)the Act of 2022;

(f)the provisions of the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 343 of 2015);

(g)the provisions of the European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 500 of 2015).

(h)the provisions of the European Union (Unjustified Geo-blocking of Consumers) Regulations 2018 (S.I. No. 513 of 2018 … 2018);

(i)the provisions of Part 4A.

(i)any contravention of the European Union (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2020 (S.I. No. 14 of 2020).

(2)Before issuing and publishing guidelines under this section, the Agency may prepare draft guidelines and consult with any person, as the Agency considers appropriate.

(3)If satisfied that proposed or draft guidelines protect consumer interests, the Agency may issue the guidelines and shall cause them to be published in the manner the Agency considers appropriate for the purpose.

(4)Without limiting the generality of subsection (3), the Agency may publish a copy of guidelines issued by it under this section on the internet.

(5)In any proceedings before a court, guidelines issued and published under this section are admissible in evidence and, if any provision of the guidelines is relevant to a question arising in those proceedings, the provision may be taken into account in determining that question.

(6)A failure on the part of any person to observe any provision of guidelines issued and published under this section shall not, of itself, render that person liable to any proceedings.

Contains Revised Acts prepared by the Law Reform Commission (revisedacts.lawreform.ie): legislative text under the Oireachtas (Open Data) PSI Licence, annotations under CC BY 4.0. Revised Acts are administrative consolidations, not authoritative.