PART 2

National Consumer Agency

Chapter 1

The Agency

Establishment day.

6 .— The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

Establishment of Agency.

7 .— (1) On the establishment day there shall stand established a body to be known as an Ghníomhaireacht Náisiúnta Tomhaltóirí or, in the English language, the National Consumer Agency and in this Act referred to as the Agency, to perform the functions conferred on it by this Act.

(2) The Agency shall be a body corporate with perpetual succession and an official seal and shall have power—

(a) to sue, and may be sued, in its corporate name,

(b) to acquire, hold and dispose of land or an interest in land, with the approval of the Minister given with the consent of the Minister for Finance, and

(c) to acquire, hold and dispose of any other property, with the approval of the Minister given with the consent of the Minister for Finance.

(3) Subject to this Act, the Agency shall be independent in the performance of its functions.

Functions of Agency.

8 .— (1) The functions of the Agency are—

(a) to promote and protect the interests and welfare of consumers,

(b) to enforce the relevant statutory provisions, including by the prosecution of offences, by way of summary proceedings,

(c) to encourage compliance with the relevant statutory provisions,

(d) to investigate instances of suspected offences under any of the relevant statutory provisions,

(e) at its discretion, to refer cases to the Director of Public Prosecutions where the Agency has reasonable grounds for believing that an indictable offence under any of the relevant statutory provisions has been committed.

(2) This section and the other provisions of this Part are without prejudice to section 94 (respecting the concurrent vesting in the Central Bank and Financial Services Authority of Ireland of certain functions under this Act).

(3) Without prejudice to the generality of subsection (1), in performing its functions under this Act, the Agency—

(a) may, and shall when requested by the Minister, advise and, as appropriate, make recommendations to the Government, the Minister, any other Minister of the Government or any Minister of State, in relation to any proposals for legislative change, or any other policy matters, concerning, or which would be likely to impact on, consumer protection and welfare,

(b) may, and shall when requested by the Minister, and after consultation with such persons as it considers appropriate having regard to the proposals to be submitted, submit to the Minister, any other Minister of the Government or any Minister of State any proposals it considers appropriate for amendment of any enactment, or for new enactments, concerning consumer protection and welfare,

(c) shall advise and, as appropriate, make recommendations to the Government, the Minister, any other Minister of the Government, any Minister of State, any public body or any prescribed body within the meaning of section 21 in relation to any matter concerning, or which the Agency considers would be likely to impact on, consumer protection and welfare,

(d) shall foster and promote contacts, co-operation and the exchange of information with and shall consult with consumer groups and representatives,

(e) shall co-operate with other competent authorities whether in the State or elsewhere charged with responsibility for the enforcement of laws relating to consumer protection and welfare or the promotion of consumer protection and welfare,

(f) shall promote the development of alternative dispute resolution procedures as a means of resolving disputes arising out of consumer transactions,

(g) shall conduct or commission research, studies and analysis on matters relating to the functions of the Agency and, as it considers appropriate, publish in the form and manner that the Agency thinks fit, such findings as it considers appropriate,

(h) shall promote public awareness and conduct public information campaigns for the purpose of educating and advising consumers in relation to consumer protection and welfare,

(i) shall promote educational initiatives and activities relating to consumer information and awareness and advise, when requested, the Minister or any other Minister of the Government, Departments of State or any public body whose activities are concerned with matters relating to any of the purposes of this Act, and any educational or training institution,

(j) for the purposes of performing its functions under paragraphs (g) to (i), may, through the provision of financial or other resources, support the activities relating to consumer protection and welfare of such voluntary bodies as the Agency considers appropriate,

(k) shall review and approve codes of practice in accordance with section 88 ,

(l) shall prepare and publish guidelines to traders in accordance with section 90 ,

(m) shall promote and encourage the establishment by a trader or traders, whether generally or in respect of a particular service or services, of quality assurance schemes, that is to say schemes the purpose of which is—

(i) to maintain and improve the quality and reliability of the service or services provided to consumers, and

(ii) to enable consumers to identify traders who meet the requirements of the scheme concerned,

(n) shall perform the functions assigned to the Director under the existing enactments and transferred to the Agency pursuant to section 37 .

(4) The Agency shall have all such powers as are necessary or expedient for the performance of its functions.

(5) The Agency may delegate the performance of any of its functions to any member of the Agency or to any member of its staff, including the chief executive, duly authorised in that behalf by the Agency.

(6) Nothing in this section or any other provision of this Act imposes a duty on the Agency to consider whether to investigate a matter relating to Part 3 that is referred to it by a trader but the Agency may, in the case of a matter so referred to it, consider whether to do so (and, accordingly, may proceed to investigate the matter) where it is satisfied the matter may affect the interests and welfare of consumers.

Review of legislation.

9 .— (1) The Minister may consult the Agency regarding proposals for legislation relating to consumer protection and welfare.

(2) The Agency shall—

(a) keep under review the relevant statutory provisions,

(b) submit, from time to time, to the Minister or such other Minister of the Government having responsibility for any other statutory provisions relating to, or which impact on, consumer protection and welfare any proposals that it considers appropriate relating to any of the relevant statutory provisions or any other statutory provisions or for making or revoking any instruments under those provisions,

(c) undertake such reviews of the relevant statutory provisions as the Minister may direct, and

(d) assist in the preparation of such draft legislation as the Minister may direct.

(3) Before submitting proposals to the Minister or any other Minister of the Government, as the case may be, the Agency shall consult any other person who, it appears to the Agency, is appropriate in the circumstances to be consulted or whom the Minister or the other Minister of the Government, as the case may be, directs is to be consulted.

Membership of Agency.

10 .— (1) The Agency shall consist of the following members:

(a) a chairperson; and

(b) 12 ordinary members.

(2) The chief executive shall, for the duration of his or her appointment, be an ex officio member of the Agency.

(3) The members of the Agency (other than the chief executive) shall, as soon as practicable after the establishment day, be appointed by the Minister, and shall be persons who, in the opinion of the Minister, have experience of or shown capacity in matters relevant to the functions of the Agency.

(4) The Minister shall, in so far as is practicable and having regard to the relevant experience of the persons concerned, ensure an equitable balance between men and women in the composition of the Agency.

(5) A member of the Agency shall be paid by the Agency, out of monies at its disposal, such remuneration (if any) and allowances for expenses incurred by him or her as the Minister, with the consent of the Minister for Finance, may from time to time determine.

(6) Subject to subsection (5), a member of the Agency shall hold office on such terms and conditions as the Minister may determine.

(7) On the anniversary of the establishment day and on each subsequent anniversary of the establishment day, 2 members of the Agency (other than the chairperson and the chief executive) shall retire from office.

(8) The members to retire under subsection (7) in any year shall be those who have been longest in office since their last appointment, and where there are members whose appointment was made on the same day and who are obliged to retire under subsection (7), the members to retire shall, unless those members otherwise agree, be determined by lot.

(9) A member of the Agency (other than the chief executive) shall not serve for more than 10 consecutive years.

(10) A person shall be disqualified for holding and shall cease to hold office as a member of the Agency if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with his or her creditors,

(c) is convicted of an indictable offence in relation to a company,

(d) is convicted of an offence involving fraud or dishonesty, whether or not in connection with a company,

(e) has a declaration under section 150 of the Companies Act 1990 made against him or her or is subject or is deemed to be subject to a disqualification order by virtue of Part VII of that Act, or

(f) has a conflict of interest of such significance that, in the opinion of the Minister requires that he or she should not hold or should cease to hold such office.

(11) A member of the Agency may at any time resign from office by letter addressed to the Minister and the resignation shall take effect on the date specified in the letter or the date the letter is received by the Minister whichever is later.

(12) The Minister may at any time remove a member of the Agency from office if, in the Minister’s opinion—

(a) the member has become incapable through ill-health of effectively performing the duties of the office,

(b) the member has committed stated misbehaviour, or

(c) the removal appears to the Minister to be necessary for the effective performance of the functions of the Agency.

(13) Subject to subsection (9), a member of the Agency whose period of membership expires by the passage of time shall be eligible for re-appointment as a member of the Agency.

(14) Subject to section 12 (3), the Agency may act notwithstanding any vacancy or vacancies in its membership.

(15) If a member of the Agency dies, resigns, retires, becomes disqualified or otherwise ceases to hold office or is removed from office, the Minister may appoint a person to be a member of the Agency to fill the vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member who occasioned the vacancy.

(16) Where a vacancy occurs, the Minister shall take steps to fill it as soon as practicable.

Chairperson of Agency.

11 .— (1) The Minister shall designate a member of the Agency as chairperson.

(2) The term of office of the chairperson of the Agency shall be 5 years.

(3) Where the chairperson of the Agency ceases during his or her term of office as chairperson to be a member of the Agency, he or she shall also then cease to be chairperson of the Agency.

(4) The chairperson of the Agency may at any time resign his or her office as chairperson by letter sent to the Minister, and the resignation shall, unless it is previously withdrawn in writing, take effect at the commencement of the meeting of the Agency held next after the Agency has been informed by the Minister of the resignation.

(5) The chairperson of the Agency shall, unless he or she sooner dies or otherwise ceases to be chairperson by virtue of subsection (3) or (4), hold office until the expiration of his or her period of membership of the Agency and, if he or she is re-appointed as a member of the Agency, he or she shall be eligible for re-appointment as chairperson of the Agency.

Meetings and procedures of Agency.

12 .— (1) The Agency shall hold such and as many meetings as may be necessary for the performance of its functions.

(2) The Minister may, in consultation with the chairperson of the Agency, fix the date, time and place of the first meeting of the Agency.

(3) The quorum for a meeting of the Agency shall be 5.

(4) At a meeting of the Agency—

(a) the chairperson of the Agency shall, if present, be the chairperson of the meeting, and

(b) if and so long as the chairperson of the Agency is not present or if the office of chairperson is vacant, the members of the Agency who are present shall choose one of their number to be the chairperson of the meeting.

(5) Each member of the Agency (including the chairperson of the meeting concerned) present at a meeting shall have a vote.

(6) At a meeting of the Agency, a question on which a vote is required shall be determined by a majority of votes of the members of the Agency present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

(7) Subject to this Act, the Agency shall regulate, by standing orders or otherwise, the procedure and business of the Agency.

Committees.

13 .— (1) The Agency may establish committees—

(a) to assist and advise the Agency on matters relating to any of its functions or on such matters as the Agency may from time to time determine, or

(b) to perform such functions of the Agency as may be delegated by it from time to time.

(2) A committee shall consist of a chairperson and such number of other members as the Agency may determine and may include persons who are not members of the Agency or of its staff.

(3) The chairperson and other members of a committee shall be appointed by the Agency.

(4) The Agency, when appointing a member of a committee, shall—

(a) have regard to the range of qualifications and experience necessary for the proper and effective discharge of the functions of the committee,

(b) have regard to the desirability of an equitable balance between men and women in the composition of the committee,

(c) fix the member’s period of membership, and

(d) fix the terms of his or her membership.

(5) The members of a committee may be paid by the Agency such fees as the Agency may determine, subject to the consent of the Minister and the Minister for Finance.

(6) A member of a committee may be removed at any time from membership of the committee by the Agency.

(7) The Agency may at any time dissolve a committee.

(8) The Agency may regulate the procedure and business of a committee but, subject to any such regulation, a committee may regulate its own procedure and business.

(9) A committee may act notwithstanding a vacancy or vacancies in its membership.

Chief executive.

14 .— (1) There shall be a chief executive officer of the Agency who shall be known, and is referred to in this Act, as the chief executive.

(2) The chief executive shall, subject to subsection (3), be appointed by the Agency with the approval of the Minister and may, with the approval of the Minister, be removed from office for stated reasons by the Agency.

(3) Where a competition to appoint a chief executive is held prior to the establishment day the successful candidate may be appointed by the Minister as the chief executive designate of the Agency.

(4) The chief executive—

(a) shall hold office under a written contract of service (which contract may be renewed) for such period, not being more than 5 years, as is specified in the contract, subject to such terms and conditions (including terms and conditions relating to remuneration, allowances for expenses and superannuation) as are so specified, being terms and conditions which are determined from time to time by the Agency with the approval of the Minister given with the consent of the Minister for Finance, and

(b) shall be paid out of monies at the disposal of the Agency.

(5) The chief executive shall not hold any other office or occupy any other position in respect of which emoluments are payable, or carry on any business, without the consent of the Agency and the approval of the Minister.

(6) The chief executive is subject to the control of the members of the Agency and, except as regards voting at meetings of the Agency, is required to comply with any lawful directions given by those members with respect to the carrying out of the chief executive’s functions.

(7) The person who, immediately before the establishment day, holds the position of chief executive designate of the Agency shall, on the establishment day, become the chief executive and shall hold such office until such time as the Agency appoints a chief executive under subsection (2).

(8) A person who was the chief executive shall not, for a period of 12 months following his or her resignation, removal or retirement from office, hold any other office or employment or act as a consultant where he or she is likely to use or disclose information acquired by him or her in the performance of his or her functions as chief executive.

(9) Notwithstanding subsection (8), a person who was the chief executive shall not be precluded from—

(a) holding any office or employment in the Civil Service or any public body, or

(b) acting as a consultant to the Agency, the Minister or any other Minister of the Government,

during the period referred to in that subsection.

Functions of chief executive.

15 .— (1) The chief executive shall carry on, manage and control generally the staff, administration and business of the Agency and shall perform such other functions as may be conferred on him or her by or under this Act or as may be determined by the Agency.

(2) The chief executive may do all such acts or things as are necessary or expedient for the purposes of the exercise of his or her functions under this Act.

(3) The chief executive shall advise the Agency in relation to the performance of the functions of the Agency and shall make any proper proposals to the Agency on any matter relating to the activities of the Agency.

(4) The chief executive shall be responsible to the Agency for the performance of his or her functions and the implementation of the Agency’s policies.

(5) The chief executive shall provide the Agency with such information, including financial information, in relation to the performance of his or her functions as the Agency may require.

(6) Subject to subsection (7), the chief executive may perform such of his or her functions as he or she may deem proper through or by any member of staff of the Agency duly authorised by the chief executive in that behalf.

(7) (a) The functions of the chief executive may be performed in his or her absence or when the position of chief executive is vacant by such member of the staff of the Agency as may from time to time be designated for that purpose by the Agency.

(b) A member of staff of the Agency designated under paragraph (a) shall have all the powers, rights and duties conferred on the chief executive by this Act and each reference in this Act to the chief executive shall be deemed to include a reference to such member of staff.

Attendance of chief executive before Committee of Public Accounts.

16 .— (1) The chief executive shall, whenever he or she is so required by the committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the Agency is required by or under statute to keep,

(b) the economy and efficiency of the Agency in the use of its resources,

(c) the systems, procedures and practices employed by the Agency for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Agency referred to in a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

(2) In the performance of his or her duties under subsection (1), the chief executive shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

Attendance of chief executive before other Oireachtas Committees.

17 .— The chief executive shall, whenever required to do so by—

(a) a committee appointed by either House of the Oireachtas, the business of which committee includes examination of policy relating to consumer protection and welfare, or

(b) a committee appointed jointly by both Houses of the Oireachtas, the business of which committee includes examination of such policy,

attend before such committee to discuss the general activities of the Agency.

Membership of either House of the Oireachtas, European Parliament or local authority.

18 .— (1) Where a member of the Agency, the chief executive or a member of the staff of the Agency is—

(a) nominated as a member of Seanad Éireann, or

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or

(c) regarded pursuant to section 19 of the European Parliament Elections Act 1997 as having been elected to that Parliament, or

(d) elected or co-opted as a member of a local authority,

he or she shall thereupon—

(i) in the case of a member of the Agency or the chief executive, cease to be a member of the Agency or the chief executive, as the case may be, and

(ii) in the case of a member of the staff of the Agency, stand seconded from employment by the Agency and shall not be paid by, or entitled to receive from, the Agency any remuneration or allowances for expenses in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected or on such election or co-option, as the case may be, and ending when he or she ceases to be a member of such House, a representative of such Parliament or a member of a local authority.

(2) Without prejudice to the generality of subsection (1), that subsection shall be read as prohibiting the reckoning of a period therein mentioned as service with the Agency for the purposes of any superannuation benefits payable under section 36 or otherwise.

(3) A person who is for the time being—

(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(b) a member of the European Parliament, or

(c) entitled under the standing orders of a local authority to sit as a member thereof,

shall, while he or she is so entitled or is such a member, be disqualified from becoming a member of the Agency, the chief executive or a member of the staff of the Agency.

(4) In this section “ local authority” means a local authority for the purposes of the Local Government Act 2001 .

Indemnity for members of Agency.

19 .— (1) Where the Agency is satisfied that a person to whom this section applies has discharged his or her duties in pursuance of the functions of the Agency in good faith, the Agency may, in the manner and to the extent and subject to the terms and conditions that the Agency may determine from time to time in consultation with the Minister, indemnify that person against all actions or claims however they arise in respect of the discharge by him or her of his or her duties.

(2) This section applies to—

(a) a member of the Agency,

(b) a member of a committee,

(c) a member of staff of the Agency, including the chief executive,

(d) a person whose services are provided to the Agency under section 26 , and

(e) an authorised officer.

Strategy statement and work programme of Agency.

20 .— (1) As soon as practicable after the establishment day, and thereafter at least 3 months before each third anniversary of the establishment day, the Agency shall prepare and submit to the Minister a strategy statement for the following 3 year period.

(2) A strategy statement shall—

(a) specify the key objectives, outputs and related strategies (including the use of resources) of the Agency,

(b) have regard to the need to ensure the most beneficial, effective and efficient use of the Agency’s resources,

(c) except for the first strategy statement, include a review of the outcomes and effectiveness of the preceding strategy statement,

(d) specify the manner in which the Agency proposes to assess its performance in respect of the objectives referred to in paragraph (a), taking account of relevant performance indicators (financial and non-financial),

(e) be prepared in the form and manner that the Minister may from time to time direct, and

(f) include any other matters that the Minister may from time to time direct.

(3) When preparing the strategy statement, the Agency may consult such persons as it considers appropriate.

(4) As soon as practicable after a strategy statement has been submitted to the Minister under subsection (1), the Minister shall cause a copy of the strategy statement to be laid before each House of the Oireachtas and the strategy statement shall be published in the form and manner that the Agency considers appropriate.

(5) The Agency shall prepare and submit to the Minister, at least 2 months before the commencement of each financial year, a work programme relating to the discharge of its functions, including—

(a) having regard to the strategy statement, the objectives of the Agency for that year and its strategy for achieving those objectives,

(b) the priorities of the Agency for that year, having regard to those objectives and its available resources, and

(c) any other matters that the Minister may from time to time specify when issuing directions or guidelines under subsection (6).

(6) The Minister may, from time to time, issue directions or guidelines to the Agency concerning the preparation of the work programme and the Agency shall comply with those directions and prepare the work programme in accordance with those guidelines.

Provision for co-operation between Agency and certain prescribed bodies.

21 .— (1) As soon as practicable after the commencement of this section, there shall be entered into between the Agency and every one of the prescribed bodies one or more agreements for the purposes of—

(a) facilitating co-operation between the Agency and the prescribed bodies in the performance of their respective functions in so far as they relate to issues of consumer protection and welfare,

(b) avoiding duplication of activities by the Agency and any of the prescribed bodies,

(c) enabling the Agency to be consulted in relation to any decisions by prescribed bodies which affect consumers,

(d) where appropriate, conducting joint studies or analysis of matters relating to consumer protection or issues of concern to consumers,

and each such agreement that is entered into is referred to in this section as a “co-operation agreement”.

(2) It shall not be necessary for the purposes of subsection (1) that the same prescribed bodies be party to each agreement entered into with the Agency in pursuance of that subsection.

(3) A co-operation agreement shall include provisions—

(a) enabling each party to furnish to another party information in its possession if the information is required by that other party for the purpose of the performance by it of any of its functions,

(b) enabling each party to forbear to perform any of its functions in relation to a matter in circumstances where it is satisfied that another party is performing functions in relation to that matter,

(c) requiring each party to consult with any other party before performing any functions in circumstances where the respective exercise by each party of the functions concerned involves the determination of issues of consumer protection and welfare that are identical to one another or are within the same category of such an issue, being a category specified in the co-operation agreement, and

(d) ensuring that no person is the subject of—

(i) proceedings (whether civil or criminal) under this Act or any other enactment, or

(ii) the exercise of any power under section 73 or 75 ,

in respect of an alleged contravention of a provision of this Act or any other enactment, by more than one of the parties.

(4) A co-operation agreement may be varied by the parties concerned.

(5) The Minister and, where relevant, the Minister or Ministers of the Government with responsibility for the prescribed body concerned shall each be furnished by the Agency with a copy of every co-operation agreement (including any variation of the agreement) that has been made within 1 month after the agreement (or the variation of it) has been made.

(6) A co-operation agreement, or any variation made to it, shall be in writing and, as soon as practicable after the agreement or variation has been made and furnished to the Minister or Ministers of the Government with responsibility for the prescribed body concerned, notice of its making shall be published by the parties in such manner as they think fit.

(7) Such a notice shall state that a copy of the agreement concerned (including the agreement as varied) may be inspected at such place, or by such means as is specified in the notice and that a copy of the agreement may be purchased from the parties in such manner as is so specified (and a copy of the agreement shall, accordingly, be made available for such inspection and be made available for such purchase (at a cost not exceeding the reasonable cost of making a copy or, where appropriate, such cost and the amount of any postage involved)).

(8) Without prejudice to subsection (9), nothing in any enactment shall be read as preventing the provisions of a co-operation agreement from having effect in accordance with their terms.

(9) If information is furnished by one party to another party pursuant to a provision of a co-operation agreement of the kind referred to in subsection (3)(a), the provisions of any enactment concerning the disclosure of that information by the first-mentioned party shall apply to the second-mentioned party with respect to that information.

(10) A failure by the Agency or a prescribed body to comply with a provision of a co-operation agreement shall not invalidate the exercise by it of any power.

(11) (a) In this section “ prescribed body” means each of the following:

(i) the Irish Financial Services Regulatory Authority;

(ii) a body prescribed by the Minister.

(b) Before prescribing a body for which another Minister of the Government has responsibility, the Minister shall consult with that other Minister of the Government.

(c) In prescribing a body for the purposes of this section the Minister shall have regard to its functions and activities in so far as those functions and activities relate to consumer protection and welfare.

(12) In this section “ party ” means a party to a co-operation agreement and a reference to another party (whether that expression or the expression “the other party” is used) shall, where there are 2 or more other parties to the agreement, be construed as a reference to one or more of those other parties or each of them, as appropriate.

Reports and information to Minister.

22 .— (1) The Agency shall, as soon as practicable, but not later than 6 months, after the end of each financial year make a report in writing to the Minister (in this section referred to as the “annual report”) of its activities during that year, and, before the annual report is published, the Minister shall as soon as practicable after receipt by him or her of the annual report cause copies of the annual report to be laid before each House of the Oireachtas.

(2) An annual report shall include information in such form and regarding such matters as the Minister may direct.

(3) The Agency may, from time to time, make such other reports to the Minister relating to its functions as it considers appropriate or as the Minister may require.

(4) In addition to the information provided by the Agency in its annual report and in reports made pursuant to subsection (3), the Agency shall provide the Minister with such information in relation to the performance of its functions, or with advice on any matter relating to those functions, or both as the Minister may from time to time request.

Accounts and audits.

23 .— (1) The Agency shall submit estimates of income and expenditure to the Minister in such form, in respect of such periods and at such times as may be required by the Minister and shall furnish to the Minister any information which the Minister may require in relation to those estimates, including proposals and future plans relating to the performance by the Agency of its functions over a specified period of years.

(2) The Agency shall keep in such form as may be approved by the Minister with the consent of the Minister for Finance all proper and usual books or other records of account of—

(a) all monies received or expended by the Agency, and

(b) all property, assets and liabilities of the Agency,

including an income and expenditure account and a balance sheet and, in particular, shall keep such special accounts (if any) as the Minister may from time to time direct.

(3) The chief executive and the other officers of the Agency shall, whenever so requested by the Minister, permit any person appointed by the Minister to examine the books or other records of account of the Agency in respect of any financial year or other period and shall facilitate any such examination, and the Agency shall pay such fee as may be fixed by the Minister.

(4) Accounts kept in pursuance of this section, signed by the chief executive, shall be submitted by the Agency to the Comptroller and Auditor General for audit as soon as practicable, but not later than 3 months, after the end of the financial year to which the accounts relate.

(5) When so audited, a copy of the accounts together with a copy of the report of the Comptroller and Auditor General thereon shall be presented by the Agency to the Minister who shall, as soon as practicable but not later than 3 months thereafter, cause copies of them to be laid before each House of the Oireachtas.

Advances by Minister to Agency.

24 .— The Minister may from time to time advance to the Agency out of monies provided by the Oireachtas such amount or amounts as the Minister may, with the consent of the Minister for Finance, determine for the purposes of expenditure by the Agency in the performance of its functions under any of the relevant statutory provisions.

Disclosure of interests.

25 .— (1) Where the chief executive, a member of the Agency or of a committee, a member of the staff of the Agency, an authorised officer or a consultant, adviser or other person engaged by the Agency has a pecuniary interest or other beneficial interest in, or material to, any matter which is to be considered by the Agency, he or she shall—

(a) disclose to the Agency the nature of the interest in advance of any consideration of the matter,

(b) neither influence nor seek to influence a decision relating to the matter,

(c) take no part in any consideration of the matter,

(d) if he or she is the chief executive or a member of the Agency or of a committee or a member of the staff of the Agency, withdraw from the meeting for so long as the matter is being discussed or considered and neither vote nor otherwise act as such chief executive or member in relation to the matter.

(2) For the purposes of this section, but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if in each of the following cases:

(a) the person, any connected relative of the person or a nominee of either of them is a member of a company or any other body which has a beneficial interest in, or material to, any matter referred to in that subsection;

(b) the person or any connected relative of the person is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, any such matter;

(c) the person or any connected relative of the person is a party to any arrangement or agreement (whether or not enforceable) concerning land to which any such matter relates;

(d) any connected relative has a beneficial interest in, or material to, any such matter.

(3) For the purposes of this section a person shall not be regarded as having a beneficial interest in, or material to, any matter by reason only that he or she or any company or other person or any other body mentioned in subsection (2) has an interest which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question in respect of the matter or in performing any function in relation to that matter.

(4) The Agency shall determine any question as to whether a course of conduct, if pursued by a person, would be a failure by him or her to comply with subsection (1), and particulars of the determination shall be recorded in the minutes of the meeting at which the determination is made.

(5) If a disclosure is made under subsection (1) at a meeting of the Agency, particulars of the disclosure shall be recorded in the minutes of the meeting concerned, and for so long as the matter to which the disclosure relates is being dealt with by the meeting, the person by whom the disclosure is made shall not be counted in the quorum for the meeting.

(6) Where the Minister is satisfied that a member of the Agency has contravened subsection (1), the Minister may, if he or she thinks fit, remove that member from office and, where a person is removed from office pursuant to this subsection, the person shall thenceforth be disqualified from being a member of the Agency.

(7) Where a person other than a person to whom subsection (6) applies contravenes subsection (1), the Agency, in consultation with the Minister, shall decide the appropriate action to be taken in relation to the person, including the termination of a contract of service or a contract for services with the person.

(8) In this section “ connected relative”, in relation to a person, means a spouse, partner, parent, brother, sister, child or the spouse of a child of the person.

Power to enter into contracts and to engage consultants and advisers.

26 .— The Agency may from time to time as it considers necessary for the performance of its functions for such period and subject to such terms and conditions as the Agency considers appropriate—

(a) enter into contracts with persons, and

(b) engage consultants or advisers,

and any sums thereby payable by the Agency to such persons, consultants or advisers shall be paid by the Agency out of monies at its disposal.

Premises of Agency.

27 .— The Agency may, for the purposes of providing premises necessary for the performance of its functions, lease, equip and maintain offices and premises subject to the consent of the Minister and the Minister for Finance.

Seal of Agency.

28 .— (1) The Agency shall, as soon as may be after the establishment day, provide itself with a seal.

(2) The seal of the Agency shall be authenticated by the signature of—

(a) the chairperson of the Agency or another member of the Agency authorised in that behalf by it, or

(b) the chief executive or any other member of the staff of the Agency authorised in that behalf by it.

(3) Judicial notice shall be taken of the seal of the Agency and an instrument purporting to be an instrument made by the Agency and to be sealed with its seal (purporting to be authenticated in accordance with subsection (2)) shall be received in evidence and shall be deemed to be such instrument without further proof unless the contrary is shown.

(4) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be under seal may be entered into or executed on behalf of the Agency by any person generally or specially authorised in that behalf by the Agency.

Power to borrow.

29 .— The Agency may borrow money (including money in a currency other than the currency of the State) for the purpose of performing any of the functions of the Agency, subject to the consent of the Minister and the Minister for Finance and any conditions they may determine.

Authorised officers of Agency.

30 .— (1) The Agency may appoint in writing such and so many persons, including members of the staff of the Agency, to be authorised officers for the purposes of all or any of the relevant statutory provisions and such appointment may be specified to be for a fixed period.

(2) An authorised officer under section 16 of the Consumer Information Act 1978 holding office immediately before the commencement of section 37 shall continue in office as if appointed under subsection (1).

(3) Every authorised officer appointed under this section shall be furnished with a warrant of appointment and shall, when exercising any power conferred on him or her by this section, if requested by a person affected, produce the warrant of appointment or copy of it to that person.

(4) An appointment under this section as an authorised officer shall cease—

(a) if the Agency revokes the appointment,

(b) if the appointment is for a fixed period, on the expiry of that period, or

(c) if the person appointed ceases to be a member of staff of the Agency.

(5) An authorised officer may, for the purpose of obtaining any information which may be required in relation to a matter under investigation under any of the relevant statutory provisions—

(a) at all reasonable times enter any premises on, at or in which there are reasonable grounds to believe that any trade or business or any activity in connection with a trade or business is being, or has been, carried on, or that records in relation to that trade, business or activity are kept, and search and inspect the premises and any records that are on, at or in that premises,

(b) secure for later inspection any, or any part of any, premises on, at or in which such records are kept or there are reasonable grounds for believing that such records are kept,

(c) require any person who carries on such trade, business or activity or any person employed in respect of such trade, business or activity to produce to the authorised officer such records and where such records are kept in a non-legible form to reproduce them in a legible form or to give to him or her any information as the authorised officer may reasonably require in relation to such records,

(d) inspect and take copies of or extracts from any such records on, at or in the premises, including in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form,

(e) remove and retain such records for such periods as may be reasonable for further examination, subject to a warrant being issued for that purpose by a judge of the District Court,

(f) require any such person to give to the authorised officer any information which the authorised officer may reasonably require in regard to such trade, business or activity or in respect of the persons carrying on such trade, business or activity or employed in connection with such trade, business or activity,

(g) require any such person to give to the authorised officer any other information which the authorised officer may reasonably require in respect of such trade, business or activity,

(h) require any person by or on whose behalf data equipment is or has been used or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the authorised officer all reasonable assistance in relation to it and assist in the retrieval of information connected with the operation of such data equipment, apparatus or material,

(i) summon, at any reasonable time, any other person employed in connection with such trade, business or activity to give to the authorised officer any information which the authorised officer may reasonably require in relation to such trade, business or activity and to produce to the authorised officer any records which are in the control of that other person.

(6) An authorised officer may, for the purpose of obtaining any information which may be required in relation to a matter under investigation under the relevant statutory provisions, at all reasonable times enter any premises, at which there are reasonable grounds to believe that any trade or business or any activity in connection with a trade or business is, or has been, carried on and inspect any goods on the premises and may—

(a) on paying or making tender of payment therefor, take any of the goods, or

(b) confirm by such other method as appropriate the price at which the goods are on offer or any other information relating to the goods for the purpose of an investigation.

(7) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under subsection (10) authorising such entry.

(8) Where an authorised officer in the exercise of his or her powers under this section is prevented from entering any premises an application may be made under subsection (10) authorising such entry.

(9) An authorised officer appointed under this section, when exercising any powers conferred on an authorised officer by this Act, may be accompanied by such other authorised officers or members of the Garda Síochána or both as he or she considers necessary.

(10) Without prejudice to the powers conferred on an authorised officer by or under any provision of this section, if a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that there is information required by an authorised officer under this section held on or at any, or any part of any, premises, the judge may issue a warrant authorising an authorised officer (accompanied by such other authorised officers or members of the Garda Síochána or both as provided for in subsection (9)) at any time or times within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter the premises, using reasonable force where necessary, and exercise all or any of the powers conferred on an authorised officer under this section.

(11) A person who falsely represents himself or herself as an authorised officer commits an offence and is liable on summary conviction to the fines and penalties provided in Chapter 4 of Part 5 .

(12) A person who—

(a) obstructs or impedes an authorised officer in the exercise of a power under this section,

(b) without reasonable excuse, does not comply with a request or requirement of an authorised officer under this section, or

(c) in purported compliance with such a requirement gives information that is false or misleading in a material respect,

commits an offence and is liable on summary conviction to the fines and penalties provided in Chapter 4 of Part 5 .

(13) Where the Agency or an authorised officer proposes to retain, pursuant to this section, books, documents or records for a period longer than 14 days after the date on which they were seized or obtained by the authorised officer, the Agency or that officer shall, before the expiry of that period of 14 days, or such longer period with the consent of the person hereafter mentioned, furnish, on request, a copy of the books, documents or records to the person who it appears to the Agency or officer is, but for the exercise of the powers under this section, entitled to possession of them.

(14) Where an advertisement in relation to the supply or provision of any product is published and does not include the name and address of the person who procured such publication or his or her agent, the publisher of the advertisement shall, if the Agency or an authorised officer so requests within 12 months of the publication of the advertisement, give to the Agency or the authorised officer, the name and address of such person or his or her agent.

(15) A person who fails to comply with a request under subsection (14) or, in purported compliance with such a request, gives information that is false or misleading in a material respect, commits an offence and is liable on summary conviction to the fines and penalties provided in Chapter 4 of Part 5 .

(16) In this section—

“premises” means any place or vehicle;

“ records ” includes, in addition to a record in writing—

(a) discs, tapes, sound-tracks or other devices, including electronic devices, in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,

(b) films, tapes or other devices, including electronic devices, in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form,

(c) photographs,

and a reference to copies of records includes—

(i) in the case of records falling within paragraph (a) only, transcripts of the sounds or signals embodied in them,

(ii) in the case of records falling within paragraph (b) only, still reproductions of the images embodied in them, and

(iii) in the case of records falling within both paragraphs (a) and (b), such transcripts together with such still reproductions;

“vehicle” means any conveyance in or by which any person or thing, or both, is transported which is designed for use on land, or in water or in the air, or in more than one of those ways, and includes—

(a) part of a vehicle,

(b) an article designed as a vehicle but not capable of functioning as a vehicle,

(c) a skip or other container designed for use or used for carriage on a vehicle,

(d) a trailer designed for use or used with a vehicle.

Disclosure of information relating to offences.

31 .— (1) Notwithstanding any other law, information which, in the opinion of—

(a) the Competition Authority,

(b) a member of the Garda Síochána,

(c) the Director of Corporate Enforcement,

(d) an officer of the Revenue Commissioners,

(e) the Central Bank and Financial Services Authority of Ireland, or

(f) such other person as may be prescribed after consultation by the Minister with any other Minister of the Government appearing to the Minister to be concerned,

may relate to the commission of an offence under any of the relevant statutory provisions may be disclosed by the body or other person referred to in any of paragraphs (a) to (f) to the Agency, a member of the Agency or a member of staff of the Agency or an authorised officer.

(2) Notwithstanding section 32 , information, which in the opinion of the chief executive may relate to the commission of an offence which is not an offence under the relevant statutory provisions, may be disclosed to—

(a) the Competition Authority,

(b) a member of the Garda Síochána,

(c) the Director of Corporate Enforcement,

(d) an officer of the Revenue Commissioners,

(e) the Central Bank and Financial Services Authority of Ireland, or

(f) such other person as may be prescribed after consultation by the Minister with any other Minister of the Government appearing to the Minister to be concerned.

Prohibition on unauthorised disclosure of information.

32 .— (1) A person shall not, unless authorised by the Agency or by a member of the staff of the Agency duly authorised in that behalf so to do, or required by law, disclose confidential information obtained by him or her in his or her capacity, or while performing duties as—

(a) a member of the Agency or of a committee,

(b) the chief executive,

(c) a member of the staff of the Agency,

(d) a consultant or adviser engaged by the Agency or an employee of such a consultant or adviser,

(e) an authorised officer, or

(f) a person engaged by the Agency in any other capacity.

(2) Subsection (1) shall not apply to—

(a) a communication made by a member of the Agency or of a committee, the chief executive, a member of staff of the Agency or an authorised officer, in the performance of any of his or her functions under this Act, being a communication the making of which was necessary for the performance by the member, chief executive, member of staff of the Agency or authorised officer of any such function, or

(b) the disclosure by a member of the Agency or of a committee, the chief executive, a member of staff of the Agency or an authorised officer to any member of the Garda Síochána of information which, in the opinion of the member or chief executive or member of staff of the Agency or authorised officer, may relate to the commission of an offence (whether an offence under this Act or not).

(3) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to the fines and penalties provided in Chapter 4 of Part 5 .

(4) Nothing in subsection (1) shall prevent the disclosure of information by means of a report made—

(a) to the Agency or a committee, as the case may be, or

(b) by or on behalf of the Agency or a committee to the Minister.

(5) A person who suffers loss or harm as a result of a contravention of subsection (1) shall be entitled to bring proceedings against the person referred to in subsection (6) in any court of competent jurisdiction seeking one, or more than one as appropriate, of the following reliefs in respect of that loss or harm:

(a) relief by way of injunction or declaration;

(b) damages.

(6) The person mentioned in subsection (5) is—

(a) if the person who contravened subsection (1) is other than a member of the Agency or a member of staff of the Agency or an authorised officer, that person,

(b) if the person who contravened subsection (1) is a member of the Agency or a member of staff of the Agency or an authorised officer and the relief sought, or to the extent that the relief sought, in the proceedings is—

(i) relief referred to in subsection (5)(a), that person,

(ii) relief referred to in subsection (5)(b), the Agency.

(7) An action under subsection (5) shall be regarded as an action founded on tort.

(8) In this section “ confidential information” includes information that is expressed by the Agency or a committee, as the case may be, to be confidential either as regards particular information or as regards information of a particular class or description.

Amendment of Freedom of Information Act 1997.

33 .— On the establishment day, the Freedom of Information Act 1997 is amended by inserting—

(a) in paragraph 1(2) of the First Schedule, “the National Consumer Agency,”, and

(b) in Part I of the Third Schedule at the end thereof—

(i) in column (2), “Consumer Protection Act 2007”, and

(ii) in column (3), “ Section 32 ” opposite the mention in column (2) of the Consumer Protection Act 2007.