Consumer Policy Section: Primary legislation and associated secondary legislation

Consumer Credit Act 1995
Consumer Protection Act 2007
Hallmarking Act 1981
Liability for Defective Products Act 1991
Merchandise Marks Act 1970
Metrology Acts 1980 – 1998
Pawnbrokers Act 1964
Sale of Goods and Supply of Services Act 1980
Trading Stamps Act 1980

Consumer Credit Act 1995 (No. 24 of 1995)

Competition and Consumer Policy Section administers and the National Consumer Agency enforces the parts of the Consumer Credit Act, 1995 which pertain to credit intermediaries and pawnbrokers. All other provisions of the Consumer Credit Act, 1995 are administered by the Domestic Financial Regulation Unit of the Department of Finance and enforced by the Central Bank of Ireland.

The Consumer Credit Act, 1995, came into force on May 13th 1996. It gives effect to Council Directive 87/102/EEC, as amended by Council Directive 90/88/EEC concerning consumer credit. This Act regulates most areas of consumer credit the most notable exception being Credit Unions. The terms and conditions of all mortgages, bank loans, car loans, non-interest rate bank charges, money lending agreements and pawnbroking agreements are subject to the Consumer Credit Act, 1995. It regulates those acting as "Independent Intermediaries" i.e. arranging a loan for a borrower and any advertising of credit.

Competition and Consumer Policy Section and the National Consumer Agency have responsibility for the following parts of the Consumer Credit Act, 1995 only to the extent of their application to Credit Intermediaries:

Part Title

II Advertising and Offering Financial Accommodation

X Miscellaneous

XIII Mortgage, Credit and Mortgage Intermediary Registers

Competition and Consumer Policy Section and the National Consumer Agency have sole responsibility for the following parts of the Consumer Credit Act, 1995:

Part Title

XI Credit Intermediaries

XIV Amendment of Sale of Goods and Supply of Services Act 1980

(Sections 2 and 54)

XV Amendment of the Pawnbrokers Act 1964

Statutory Instruments relevant to these parts

Consumer Credit Act 1995 (commencement) Order 1996 (S.I. No. 121 of 1996)

Consumer Credit Act 1995 (section 28) Regulations 1996 (S.I. No. 245 of 1996)

European Communities (Consumer Credit Act 1995) (Amendment) Regulations 1996 (S.I. No. 277 of 1996)

Consumer Protection Act 2007 (PDF, 562KB)

This Act established the National Consumer Agency and provides for the transposition of the provisions of the Unfair Commercial Practices Directive (Directive No. 2005/29/EC of the European Parliament and of the Council of 11 May 2005) and the repeal, with the retention in updated form of a limited number of their provisions, legislation governing false and misleading advertising and trade descriptions, price display and price control, and pyramid selling.

Associated Statutory Instruments:

Consumer Information (Advertisements) (Disclosure of Business Interest) Order 1984 (S.I. No. 168 of 1984)

Consumer Information (Advertisements for Concert or Theatre Performances) Order 1997 (S.I. No. 103 of 1997)

Consumer Information (Advertisements for Airfares) Order 2000 (S.I. No. 468 of 2000)

Retail Price (Beverages in Licensed Premises) Display Order, 1999 (S.I. No. 263 of 1999)

Retail Price (Diesel and Petrol) Display Order 1997 (S.I. No. 178 of 1997)

Retail Prices (Food in Catering Establishments) Display Order 1984 (S.I. No. 213 of 1984)

Consumer Protection Act 2007 (Commencement) Order 2007 (S.I. 178 of 2007) (PDF, 31KB)

Consumer Protection Act 2007 (Establishment Day) Order 2007 (S.I. 179 of 2007) (PDF, 31KB)

Consumer Protection (Fixed Payment Notice) Regulations 2007 (S.I. 689 of 2007) (PDF, 118KB)

Pawnbrokers Act, 1964 (No. 31 of 1964)

Competition and Consumer Policy Section administers and the National Consumer Agency enforces the Pawnbrokers Act, 1964. This Act should be read in conjunction with the Consumer Credit Act, 1995. Part XV (Sections 153 to 155 - which also contain references to the Eighth Schedule) of the Consumer Credit Act, 1995 makes substantial amendments to the Pawnbrokers Act, 1964.

Hallmarking Act 1981 (No. 18 of 1981)

This Act provides for the assaying and hallmarking of articles of precious metals. It also approves hallmarks and standards and provides that the Minister can make Regulations in this area.

Associated Statutory Instruments:

Consumer Protection (Consumer Information) (Articles of Precious Metals) Regulations 2012 (S.I. No. 143 of 2012)(PDF, 2.96MB)

Hallmarking Requirements - Traders' Notice (PDF, 1.86MB)

European Communities (Hallmarking of Articles Imported from Other Member States) Regulations 2001 (S.I. No. 579 of 2001)

Hallmarking (Approved Hallmarks) Regulations 2001 (S.I. 560 of 2001)

Hallmarking (Irish Standards of Fineness) Regulation 2001 (S.I. No. 561 of 2001)

Liability for Defective Products Act 1991 (No. 28 of 1991)

This act gives effect to the provisions of Council Directive 85/374/EEC (PDF, 149KB) concerning liability for defective products. The main effect of the Act is to introduce into Irish law the principle of “strict” or “no fault” liability. This imposes liability on the producer, and in certain circumstances, the supplier of a defective product. The principle of strict liability is distinct from “fault” liability in which negligence on the part of the producer of the defective product must be proven. Strict liability is also distinct from “absolute” liability in that there are a number of defences available to the producer. The Act supplements existing civil law on product liability in tort and contract law.

The Act was amended in 2000 to give effect to Council Directive 1999/34/EC which extended the definition of “products” in the Act to include primary agricultural products and game.

Associated Statutory Instruments:

Liability for Defective Products Act 1991 (Commencement) Order, 1991 (S.I. No. 316 of 1991)

European Communities (Liability for Defective Products) Regulations 2000 (S.I. No. 401 of 2000)

Merchandise Marks Act 1970 (No. 10 of 1970)

The Act makes provisions in relation to the information to be included on containers in which goods are packed for sale by retail.

S.I. No. 566 of 2008 European Communities (Prepacked Products) Regulations 2008 (PDF, 109KB) transposes EU Directive 2007/45/EC (PDF, 67KB) of the European Parliament and of the Council of 5 September 2007 laying down the rules on nominal quantities for prepackaged products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC. The effect of the regulations is to deregulate from 11th April 2009 almost all of the rules on nominal quantities for prepacked products. These rules are sometimes called range of sizes legislation and their purpose is to restrict the sizes in which certain products can be placed on the market. From 11th April 2009 the only mandated sizes for products will be for those wines and spirits specified in the Annex to the Directive. As a consequence of this Directive Orders made under the Merchandise Marks Act, 1970 which specify that certain products can only be placed on the market in certain nominal quantities will be revoked.

Associated Statutory Instruments:

S.I. No. 567 of 2008 Merchandise Marks Act 1970 (Prepacked Goods) (Marking and Quantities) (Revocation) Order 2008 (PDF, 100KB)

Metrology Acts 1980 - 1998

Note: Legislation concerning units of measurement, measuring instruments used in trade and accuracy in the quantities of pre-packaged and loose goods is enforced by the Legal Metrology Service (www.nsai.ie), which is part of the National Standards Authority of Ireland. Tel. (1) 8073807.

Sale of Goods and Supply of Services Act 1980 (No. 16 of 1980)

This legislation governs contracts for the sale of goods and supply of services to consumers. The Act provides that goods must be of merchantable quality, fit for their purpose and as described. In the case of contracts for the supply of services the Act provides that a consumer is entitled to expect that the supplier has the necessary skill to provide the service, that the service will be provided with proper care and diligence and that materials used will be sound and goods supplied as part of the service will be of merchantable quality.