European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015

JurisdictionIreland
CitationIR SI 500/2015

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th November, 2015.

I, RICHARD BRUTON, 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 full effect to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 20131 , hereby make the following regulations:

Citation and Commencement

1. (1) These Regulations may be cited as the European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015.

(2) These Regulations, other than Regulation 3, come into operation on 9 January 2016.

Interpretation

2. (1) In these Regulations—

“Act of 2007” means the Consumer Protection Act 2007 (No. 19 of 2007);

“Act of 2014” means the Competition and Consumer Protection Act 2014 (No. 29 of 2014);

“Council Regulation” means Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 20131 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR);

“Regulations of 2015” means the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 ( S.I. No. 343 of 2015 ).

(2) A word or expression that is used in these Regulations and which is also used in the Council Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Council Regulation.

ODR Contact Point

3. The European Consumer Centre Ireland is designated as the ODR contact point in the State for the purposes of Article 7 of the Council Regulation and shall carry out the functions of an ODR contact point under that Council Regulation.

Offences

4. (1) A trader who contravenes Articles 9(7), 9(8), 14(1) or 14(2) of the Council Regulation commits an offence.

(2) A trader who commits an offence under paragraph (1) shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 12 months, or to both.

(3) Sections 77, 78, 80 and 84 of the Act of 2007 shall apply to an offence under these Regulations as they apply to an offence under that Act and, accordingly, references in those sections to an offence under that Act shall be construed as including references to an offence under these Regulations.

Amendment of Act of 2007

5. The Act of 2007 is amended—

(a) in section 67, by the insertion of the following paragraph after paragraph (h) (inserted by Regulation 19(a) of the Regulations of 2015):

“(i) any contravention of the European Union (Online Dispute Resolution for Consumer...

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