Consumer Protection (Fixed Payment Notice) Regulations, 2007

• Jurisdiction: Ireland
• Citation: IR SI 689/2007

S.I. No. 689 of 2007

CONSUMER PROTECTION (FIXED PAYMENT NOTICE) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th October, 2007.

I, MICHEÁL MARTIN, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 3 and 85 of the Consumer Protection Act 2007 (No. 19 of 2007) hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Consumer Protection (Fixed Payment Notice) Regulations 2007.

(2) These Regulations shall come into effect on the day immediately following the day on which notice of their making is published in the Iris Oifigiúil.

Fixed payment notice (s. 85(3))

2. The form set out in the Schedule is prescribed for the purposes of section 85(3) of the Consumer Protection Act 2007 .

SCHEDULE Form of Fixed Payment Notice

Part 1 Basic Form

CONSUMER PROTECTION ACT 2007

Section 85(3)

FIXED PAYMENT NOTICE

To [full name]

of [address]

It is alleged that, at [place] on [date], you committed the following offence:

[Description of offence, as specified in the appropriate item in Part 2]

Particulars of offence:

[Description of factual situation constituting the contravention alleged]

A prosecution in respect of the alleged offence will not be instituted during the period of 28 days beginning on the date of this Notice. If, during that period, you pay to the National Consumer Agency at [current address], the sum of €300, accompanied by the original or a copy of this Notice, a prosecution will not be instituted at any time in respect of the alleged offence.

However, you will be prosecuted for the alleged offence if you do not make payment as mentioned above.

[Signature]

Authorised Officer

[Date]

IMPORTANT:

Cheques etc. should be made payable to “National Consumer Agency”. A receipt will be issued.

Refund of a payment made pursuant to this Notice will not be made in any circumstance.

Section 86(1) of the Consumer Protection Act 2007 requires the National Consumer Agency to maintain a Consumer Protection List of, among other things, the details of each person who makes a payment to the Agency pursuant to a fixed payment notice and the matter occasioning the fixed payment notice. The National Consumer Agency may publish the information in the Consumer Protection List relating to persons making payments pursuant to fixed payment notices.

You are entitled to disregard this Notice and defend the prosecution of the alleged offence in court.

Part 2 Specification of Offences

1. Offences under section 22(a) of the Prices Act 1958 (contravention of a retail price display order made under section 19 of that Act)

(1) Prices and Charges (Tax-Inclusive Statements) Order 1973

(a) Article 3:

An offence under section 22(a) of the Prices Act 1958 constituted by a contravention of Article 3 of the Prices and Charges (Tax-Inclusive Statements) Order 1973 ( S.I. No. 9 of 1973 ) — requirement, where a price is stated, to state the price of a commodity for sale by retail as a single amount inclusive of any tax payable in respect of the commodity.

(b) Article 4:

An offence under section 22(a) of the Prices Act 1958 constituted by a contravention of Article 4 of the Prices and Charges (Tax-Inclusive Statements) Order 1973 ( S.I. No. 9 of 1973 ) — requirement, where a charge is stated, to state the charge for a service as a single amount inclusive of any tax payable in respect of the service.

(2) Charges (Hairdressing) Display Order 1976

(a) Article 3:

An offence under section 22(a) of the Prices Act 1958 constituted by a contravention of Article 3 of the Charges (Hairdressing) Display Order 1976 ( S.I. No. 156 of 1976 ) — requirement on a hairdresser to display a notice setting out the charges for every service rendered by him in his capacity as hairdresser.

(b) Article 4(1):

An offence under section 22(a) of the Prices Act 1958 constituted by a contravention of Article 4(1) of the Charges (Hairdressing) Display Order 1976 ( S.I. No. 156 of 1976 ) — requirement to display a notice of hairdressing charges:

(a) in case any part of the premises used for the purposes of the business of rendering the services to which the notice relates is situated on the ground floor of any building and adjoins the public thoroughfare, in such a position outside the premises as to be clearly visible to and capable of being easily read by all persons on the public thoroughfare adjoining that part of the premises, and

(b) in any other case, in such a position at or immediately inside each of the entrances to the premises as to be clearly visible to and capable of being easily read by all persons using such entrances.

(c) Article 4(2):

An offence under section 22(a) of the Prices Act 1958 constituted by a contravention of Article 4(2) of the Charges (Hairdressing) Display Order 1976 ( S.I. No. 156 of 1976 ) — requirement, where a single notice cannot be displayed in such a position as to comply with Article 4(1) of that Order, to display such number of notices as may be necessary to secure such compliance.

(d) Article 4(4):

An offence under section 22(a) of the Prices Act 1958 constituted by a contravention of Article 4(4) of the Charges (Hairdressing) Display Order 1976 ( S.I. No. 156 of 1976 ) — requirement that the letters and figures on a notice displaying hairdressing charges be at least 6 millimetres in height and of proportionate width.

(3) Retail Prices (Food in Catering Establishments) Display Order 1984

(a) Article 3(1):

An offence under section 22(a) of the Prices Act 1958 constituted by a contravention of Article 3(1) of the Retail Prices (Food in Catering Establishments) Display Order 1984 ( S.I. No. 213 of 1984 ) — requirement on a person carrying on the business of selling foods by retail to display a notice or notices at the premises where the foods are sold:

(a) specifying each such food, and

(b) specifying in relation to each such food the price or prices charged therefor at the premises, and, if the person charges a minimum price for any such food not included or not fully included in the prices aforesaid or makes (as a separate charge) a charge commonly known as a service charge or a charge commonly known as a cover charge or a charge for entry into the premises or for entertainment at the premises or any similar charge, specifying the amount of any such price or of any such charge (whether stated as a percentage of an amount or otherwise) and the matters to which it relates and, if the said service charge is fully included in the prices so specified in the notice or notices, specifying the fact of such inclusion.

(b) Article 3(2):

An offence under section 22(a) of the Prices Act 1958 constituted by a contravention of Article 3(2) of the Retail Prices (Food in Catering Establishments) Display Order 1984 ( S.I. No. 213 of 1984 ) — requirement on a person selling foods by retail that, where the person has on sale a group of foods intended to be sold together at a single inclusive price, the notice or notices displayed by the person pursuant to Article 3(1) of that Order shall specify those foods and shall specify in relation thereto the single inclusive price charged therefor (except that, in the case of any of those foods that are not on sale as aforesaid separately from the others of those foods, it shall not be necessary for the notice or notices to specify them or their prices separately).

(c) Article 3(4):

An offence under section 22(a) of the Prices Act 1958 constituted by a contravention of Article 3(4) of the Retail Prices (Food in Catering Establishments) Display Order 1984 ( S.I. No. 213 of 1984 ) — requirement on a person selling foods by retail that, where the person has on sale any food, or group of foods intended to be sold together at a single inclusive price, for which different prices are charged at different times or on different days, the notice or notices displayed by the person pursuant to Article 3(1) of that Order shall specify the different prices and the circumstances in which they are chargeable.

(d) Article 4:

An offence under section 22(a) of the Prices Act 1958 constituted by a contravention of Article 4 of the Retail Prices (Food in Catering Establishments) Display Order 1984 ( S.I. No. 213 of 1984 ) — requirement on a person selling foods by retail to display a notice specifying the price of, or charges for, food:

(a) either immediately outside or immediately inside each entrance to the premises open to the public where the whole of the premises is used for the purposes of the business of selling food by retail (whether or not any other part of the premises is also used for any other purpose);

(b) either immediately outside or immediately inside each entrance open to the public to the part of the premises used for the purposes of the business of selling food by retail where part only of the premises is used for that purpose; and

(c) in either case, in such a position as to be clearly visible and easily accessible to, and in such form and manner as to be capable of being easily read by, persons using the entrances to the premises where the...