European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations 2013

• Jurisdiction: Ireland
• Citation: IR SI 160/2013

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st May, 2013.

I, RICHARD BRUTON T.D., Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Council Directive No. 93/13/EEC of the European Parliament and of the Council of 5 April 19931 , on unfair terms in consumer contracts hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations 2013.

(2) These Regulations shall apply to contracts concluded on or after the date on which these Regulations come into operation.

2. In these Regulations—

“Principal Regulations” means the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 ( S.I. No. 27 of 1995 );

“Regulations of 2000” means the European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations 2000 ( S.I. No. 307 of 2000 ).

3. Regulation 2 of the Principal Regulations is amended by—

(a) inserting the following definitions:

“ ‘Agency’ means the National Consumer Agency;

‘authorised body’ means the Agency, the Central Bank of Ireland or a consumer organisation,”, and

(b) deleting the definition of “the Director”.

4. Regulation 5 of the Principal Regulations is amended by substituting the following paragraph for paragraph (3)(inserted by Regulation 4(b) of the Regulations of 2000):

“(3) Paragraph (2) of this Regulation does not apply to proceedings under paragraph (1) or (4) of Regulation 8 of these Regulations.”.

5. The Principal Regulations are amended by substituting the following Regulation for Regulation 8:

“8.(1) An authorised body may apply to the Circuit Court or High Court for a declaration that any term drawn up for general use in contracts concluded by sellers or suppliers is unfair and may, at the discretion of the Court, be granted an order prohibiting the use or continued use of such a term or similar terms of like effect.

(2) An authorised body shall cause to be published notice of intention to apply to the Circuit Court or High Court for a declaration under paragraph (1) of this Regulation in Iris Oifigiúil and at least two national newspapers and in such further or other manner as the Court may direct.

(3) Every person claiming to have an interest in an application under...