Competition and Consumer Protection Act 2014

Competition and Consumer Protection Act 2014 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2014 Competition and Consumer Protection Act 2014 Competition and Consumer Protection Act 2014 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 29 of 2014 COMPETITION AND CONSUMER PROTECTION ACT 2014 CONTENTS PART 1 Preliminary and General Section 1. Short title, collective citations, construction and commencement 2. Interpretation 3. Orders and regulations 4. Time limit for institution of summary proceedings 5. Expenses 6. Transitional provisions relating to mergers 7. Repeals PART 2 Establishment of Commission and Dissolution of Bodies Chapter 1 Establishment of Commission 8. Establishment day 9. Establishment of Competition and Consumer Protection Commission 10. Functions of Commission 11. Supplementary powers of Commission with respect to carrying out certain functions 12. Membership of Commission 13. Indemnity for members, members of staff and authorised officers of Commission 14. Functions of chairperson 15. Meetings and procedures of Commission 16. Membership of either House of Oireachtas, European Parliament or local authority 17. Review of legislation 18. Investigations by Commission 19. Provision for co-operation between Commission and certain prescribed bodies 20. Directions of Minister 21. Grants to Commission 22. Power to borrow 23. Relationship of Commission with foreign competition or consumer bodies 24. Disclosure of information relating to offences 25. Prohibition on unauthorised disclosure of confidential information 26. Accountability of chairperson to Committee of Public Accounts 27. Accountability of chairperson to other Oireachtas Committees 28. Staff 29. Superannuation 30. Strategy statement and work programme 31. Accounts of Commission 32. Reporting by Commission 33. Saving for legal privilege Chapter 2 Authorised Officers 34. Definitions 35. Appointment of authorised officers 36. Powers of authorised officers for purposes of enforcing relevant statutory provisions (other than Act of 2002) 37. Powers of authorised officers in relation to investigations under Act of 2002 Chapter 3 Dissolution of National Consumer Agency and Competition Authority 38. Dissolution of National Consumer Agency and Competition Authority 39. Transfer of functions to Commission 40. Transfer of staff to Commission 41. Transfer of land and other property 42. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by dissolved body 43. Liability for loss occurring before establishment day 44. Provisions consequent upon transfer of functions, assets and liabilities to Commission 45. Saving for certain acts 46. Final accounts and final annual report of dissolved bodies PART 3 Amendments of Act of 2002 47. Amendment of section 3 of Act of 2002 48. Amendment of section 6 of Act of 2002 49. Amendment of section 12 of Act of 2002 50. Amendment of section 14A of Act of 2002 51. Amendment of section 14B of Act of 2002 52. Amendment of section 15C of Act of 2002 53. Amendment of section 16 of Act of 2002 54. Amendment of section 17 of Act of 2002 55. Amendment of section 18 of Act of 2002 56. Amendment of section 19 of Act of 2002 57. Amendment of section 20 of Act of 2002 58. Amendment of section 21 of Act of 2002 59. Amendment of section 22 of Act of 2002 60. Amendment of section 24 of Act of 2002 61. Amendment of section 26 of Act of 2002 62. Amendment of section 27 of Act of 2002 63. Amendment of section 28 of Act of 2002 64. Amendment of section 47 of Act of 2002 65. Amendment of section 47A of Act of 2002 66. Amendment of section 47B of Act of 2002 67. Amendment of section 47C of Act of 2002 68. Amendment of section 47D of Act of 2002 69. Amendment of section 47E of Act of 2002 70. Amendment of section 47F of Act of 2002 71. Amendment of section 47G of Act of 2002 72. Amendment of section 50 of Act of 2002 73. Amendment of section 52 of Act of 2002 PART 4 Media Mergers 74. Media Mergers PART 5 Amendments of Act of 2007 75. Amendment of section 2 of Act of 2007 76. Amendment of Part 2 of Act of 2007 77. Amendment of section 55 of Act of 2007 78. mendment of section 83 of Act of 2007 79. Amendment of section 87 of Act of 2007 80. Amendment of section 90 of Act of 2007 81. Insertion of Schedule 9 to Act of 2007 82. Miscellaneous consequential amendments to Act of 2007 PART 6 Grocery Goods 83. Grocery goods undertakings 84. Amendment of section 86 of Act of 2007 85. Commission may publish certain information in respect of grocery goods undertakings 86. Res judicata PART 7 Miscellaneous 87. Amendment of Central Bank Act 1942 88. Amendment of Personal Injuries Assessment Board Act 2003 89. Amendment of Communications (Retention of Data) Act 2011 90. Amendment of Schedule 1 to Criminal Justice Act 2011 91. Amendment of European Communities (Cross-Border Mergers) Regulations 2008 Acts Referred to Adoptive Leave Acts 1995 and 2005 Broadcasting Act 2009 (No. 18) Carer’s Leave Act 2001 (No. 19) Central Bank Act 1942 (No. 22) Central Bank Reform Act 2010 (No. 23) Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) Communications (Retention of Data) Act 2011 (No. 3) Communications Regulation (Amendment) Act 2007 (No. 22) Companies Act 1990 (No. 33) Companies Acts Competition (Amendment) Act 1996 (No. 19) Competition (Amendment) Act 2012 (No. 18) Competition Act 1991 (No. 24) Competition Act 2002 (No. 14) Competition Acts 2002 to 2012 Comptroller and Auditor General (Amendment) Act 1993 (No. 8) Consumer Protection Act 2007 (No. 19) Courts Act 1964 (No. 11) Criminal Justice (Search Warrants) Act 2012 (No. 33) Criminal Justice Act 1984 (No. 22) Criminal Justice Act 2011 (No. 22) Criminal Law Act 1976 (No. 32) Defence Act 1954 (No. 18) European Parliament Elections Act 1997 (No. 2) Interpretation Act 2005 (No. 23) Local Government Act 2001 (No. 37) Maternity Protection Acts 1994 and 2004 Minimum Notice and Terms of Employment Acts 1973 to 2005 Offences Against the State Act 1939 (No. 13) Organisation of Working Time Act 1997 (No. 20) Parental Leave Acts 1998 and 2006 Personal Injuries Assessment Board Act 2003 (No. 46) Petty Sessions (Ireland) Act 1851 (14 & 15 Vic, c. 93) Protection of Employees (Fixed-Term Work) Act 2003 (No. 29) Protection of Employees (Part-Time Work) Act 2001 (No. 45) Public Service Management (Recruitment and Appointments) Act 2004 (No. 33) Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37) Redundancy Payments Acts 1967 to 2012 Terms of Employment (Information) Acts 1994 to 2012 Unfair Dismissals Acts 1977 to 2007 Number 29 of 2014 COMPETITION AND CONSUMER PROTECTION ACT 2014 An Act to provide for the establishment of a body to be known in the Irish language as An Coimisiún um Iomaíocht agus Cosaint Tomhaltóirí or in the English language the Competition and Consumer Protection Commission, to provide for the dissolution of the Competition Authority and the National Consumer Agency, to amend the law relating to media mergers and for that and other purposes to amend the Competition Act 2002 , the Central Bank Act 1942 , the Consumer Protection Act 2007 , the Criminal Justice Act 2011 and the Communications (Retention of Data) Act 2011 , and to provide for related matters. [28 th July, 2014] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title, collective citations, construction and commencement 1. (1) This Act may be cited as the Competition and Consumer Protection Act 2014. (2) The Competition Acts 2002 to 2012 and Parts 3 and 4 may be cited together as the Competition Acts 2002 to 2014 and shall be construed together as one Act. (3) The Consumer Protection Act 2007 and Parts 5 and 6 may be cited together as the Consumer Protection Acts 2007 and 2014 and shall be construed together as one Act. (4) The Communications (Retention of Data) Act 2011 and section 89 may be cited together as the Communications (Retention of Data) Acts 2011 and 2014 and shall be construed together as one Act. (5) This Act, other than Part 4 , shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions, and for the repeal of different provisions effected by section 7 . (6) Part 4 shall come into operation on such day or days as the Minister for Communications, Energy and Natural Resources may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. Interpretation 2. In this Act— “Act of 2002” means the Competition Act 2002 ; “Act of 2007” means the Consumer Protection Act 2007 ; “authorised officer” shall be construed in accordance with section 35 ; “Commission” has the meaning assigned to it by section 9 ; “contravention” has the same meaning as it has in the Act of 2002; “enactment” has the same meaning as it has in the Interpretation Act 2005 ; “establishment day” shall be construed in accordance with section 8 ; “dissolved body” has the meaning assigned to it by section 38 ; “financial year” means a period of 12 months ending on 31 December in any year and, in the case of the first financial year of the Commission, means the period commencing on the establishment day and ending on 31 December in the year in which the establishment day falls; “goods” has the same meaning as it has in the Act of 2007; “Minister” means the Minister for Jobs, Enterprise and Innovation; “prescribed” means prescribed by regulations made by the Minister; “recognised trade union or staff association” means a trade union or staff association recognised by the Commission for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees; “relevant statutory provisions” means— (a) “relevant statutory provisions” within the meaning of the Act of 2007, (b) the Act of 2002, and any instrument made under that Act for the time being in force, and (c) this Act, and any instrument made under this Act for the time being in force; “services” has the same meaning as it has in the Act of 2007; “undertaking” has the same meaning as it has in the Act of 2002. Orders and regulations 3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed. (2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations. (3) Every order (other than an order under section 1 (5) or section 8 made by the Minister or an order under section 1 (6) made by the Minister for Communications, Energy and Natural Resources) and regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Time limit for institution of summary proceedings 4. Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under this Act may be instituted within 2 years from the date on which the offence was alleged to have been committed. Expenses 5. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. Transitional provisions relating to mergers 6. Where a merger or acquisition was notified under Part 3 of the Act of 2002 before the commencement of section 7 (1)(b) and Parts 3 and 4 , then, upon such commencement, the Act of 2002 shall apply to the merger or acquisition as if the amendments effected by section 7 (1) and Parts 3 and 4 had not been made. Repeals 7. (1) The following provisions of the Act of 2002 are repealed: (a) subsections (11B) and (11C) (inserted by section 2 (h) of the Competition (Amendment) Act 2012 ) of section 8; (b) sections 23 and 25; (c) Part 4; (d) Schedule 1. (2) Part 2 (other than sections 24A to 24E) of the Act of 2007 is repealed. PART 2 Establishment of Commission and Dissolution of Bodies Chapter 1 Establishment of Commission Establishment day 8. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act. Establishment of Competition and Consumer Protection Commission 9. (1) There shall stand established on the establishment day, a body which shall be known, in the Irish language, as An Coimisiún um Iomaíocht agus Cosaint Tomhaltóirí or, in the English language, as the Competition and Consumer Protection Commission (in this Act referred to as the “Commission”), to perform the functions conferred on it by this Act. (2) The Commission shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name, and shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, have power to acquire, hold and dispose of land or an interest in land, and shall have power to acquire, hold and dispose of any other property. (3) The seal of the Commission shall be authenticated by— (a) the signatures of 2 members of the Commission, or (b) the signatures of both a member and a member of the staff of the Commission, authorised by the Commission to act in that behalf. (4) Judicial notice shall be taken of the seal of the Commission and any document purporting to be an instrument made by, and to be sealed with the seal of, the Commission shall, unless the contrary is shown, be received in evidence and be deemed to be such instrument without further proof. (5) Subject to this Act, the Act of 2002 and the Act of 2007 the Commission shall be independent in the performance of its functions. Functions of Commission 10. (1) The Commission shall have, in addition to the functions assigned to it by any other provision of this Act, or of any other enactment, the following functions: (a) to promote competition; (b) to promote and protect the interests and welfare of consumers; (c) to carry out an investigation, either on its own initiative or in response to a complaint made to it by any person, into any suspected breach of— (i) the relevant statutory provisions, that may be occurring or has occurred, (ii) Article 101 or 102 of the Treaty on the Functioning of the European Union, that may be occurring or has occurred, or (iii) notwithstanding their repeal, the Competition (Amendment) Act 1996 and the Competition Act 1991 , that has occurred; (d) to enforce the relevant statutory provisions; (e) to encourage compliance with the relevant statutory provisions, which may include the publication of notices containing practical guidance as to how those provisions may be complied with; (f) to set the strategic objectives for the Commission; and (g) to ensure that appropriate systems and procedures are in place to achieve the Commission’s strategic objectives and to take all reasonable steps available to it to achieve those objectives. (2) This section and the other provisions of this Part are without prejudice to the Central Bank Act 1942 in relation to the concurrent vesting in the Central Bank of Ireland of certain functions under the Act of 2007. (3) Without prejudice to the generality of subsection (1), in performing its functions under this Act, the Commission— (a) may, and shall at the request of the Minister, 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 19 in relation to any matter concerning, or which the Commission considers would be likely to impact on— (i) consumer protection and welfare, or (ii) competition, or both, (b) shall foster and promote contacts, and co-operate and consult with consumer groups and such other persons or bodies as the Commission considers could assist in the promotion or development of consumer protection and welfare and competition matters, (c) shall promote, where appropriate, the development of alternative dispute resolution procedures as a means of resolving disputes arising out of consumer transactions, (d) shall promote public awareness and conduct public information campaigns for the purpose of educating and providing information to the public in relation to consumer protection and welfare, (e) shall promote public awareness and conduct public information campaigns in relation to issues of competition, (f) shall promote educational initiatives and activities relating to consumer and competition information and awareness and advise, when requested, the Minister or any other Minister of the Government, Department of State, educational or training institution or any public body whose activities are concerned with matters relating to any of the purposes of this Act, the Act of 2002 or the Act of 2007, (g) shall review and may approve codes of practice in accordance with section 88 of the Act of 2007, (h) shall prepare and publish guidelines to traders or persons representing traders in accordance with section 90 of the Act of 2007, (i) 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, (j) shall promote the interests of consumers by— (i) providing information in relation to financial services, including information in relation to the costs to consumers, and the risks and benefits associated with the provision of those services, and (ii) promoting the development of financial education and capability, (k) 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— (i) consumer protection and welfare, or (ii) competition, or both, (l) 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— (i) consumer protection and welfare, or (ii) competition, or both, (m) may co-operate with other authorities whether in the State or elsewhere charged with responsibility for the enforcement of laws relating to consumer protection and welfare and competition or the promotion of consumer protection and welfare and competition between undertakings, (n) shall, as it considers appropriate, conduct or commission research, studies and analysis on matters relating to the functions of the Commission and may publish, in the form and manner that the Commission thinks fit, such findings as it considers appropriate (which may consist of, or include, a study or analysis of any development outside the State), (o) for the purposes of performing its functions under paragraphs (d), (e), (f) and (n), may, through the provision of financial or other resources, support the activities relating to consumer protection and welfare and competition of such voluntary bodies as the Commission considers appropriate, (p) may identify and comment on constraints imposed by any enactment or administrative practice on the operation of competition in the economy, (q) shall perform such other functions transferred to the Commission pursuant to section 39 including the functions transferred to the National Consumer Agency under subsection (2) of section 37 of the Act of 2007. (4) The Minister may request the Commission to carry out a study or analysis of— (a) any issue relating to consumer protection and welfare, (b) any practice or method of competition affecting the supply and distribution of goods or the provision of services, or (c) any other matter relating to competition, and to submit a report to the Minister in relation to the study or analysis, and the Commission shall comply with such a request within such period and in such form and manner as the Minister may specify in the request. (5) The Commission shall have all such powers as are necessary or expedient for the performance of its functions and shall ensure that its functions are performed effectively and efficiently. (6) The Commission may delegate the performance of any of its functions to any member of the Commission or to any member of its staff duly authorised in that behalf by the Commission. (7) Notwithstanding subsection (6), the Commission may not delegate the performance of the following functions— (a) making a declaration under subsection (3) of section 4 of the Act of 2002 that a specified category of agreements, decisions or concerted practices complies with the conditions referred to in subsection (5) of that section, (b) making a determination in relation to a merger or acquisition under section 22(3) of the Act of 2002, (c) the initiation of enforcement proceedings under Parts 2 and 2A and section 26 of the Act of 2002 and Part 5 of the Act of 2007, (d) functions under Chapter 5 (inserted by Part 6) of Part 3 of the Act of 2007, and (e) functions under sections 22 , 28 , 30 and 32 . (8) Nothing in this section or any other provision of this Act imposes a duty on the Commission to consider whether to investigate a matter that is referred to it but the Commission may, in the case of a matter referred to it, consider whether to do so (and, accordingly, may proceed to investigate the matter) where it is satisfied the matter may affect competition or the interests and welfare of consumers or both. (9) In this section, “public body” has the same meaning as in the Act of 2007. Supplementary powers of Commission with respect to carrying out certain functions 11. (1) To enable the Commission to perform the functions set out in section 10 (3)(j), the Commission may— (a) undertake studies, analyses and surveys with respect to the provision of financial services to consumers, (b) collect and compile information for that purpose, and (c) publish the results of any such studies, analyses or surveys. (2) In undertaking a study, analysis or survey under subsection (1), the Commission— (a) may, by notice in writing, require any person who, in the opinion of the Commission has information, or has control of a record or other thing, that is relevant to the study, analysis or survey to provide the information, record or thing to the Commission, and (b) may, by the same or another notice in writing, require the person to attend before a member or member of the staff of the Commission for that purpose. (3) A person who— (a) intentionally prevents the Commission from exercising a function conferred by subsection (1), (b) intentionally obstructs or hinders the Commission in the exercise of such a power, (c) without reasonable excuse, fails to comply with a requirement made to the person in accordance with subsection (2), or (d) in purporting to comply with a requirement made under subsection (2) to provide information, provides the Commission with information that the person knows, or ought reasonably to know, is false or misleading in a material respect, is guilty of an offence. (4) A person guilty of an offence under this section is liable— (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or (b) on conviction on indictment, to a fine not exceeding €30,000 or imprisonment for a term not exceeding 5 years or both. (5) Summary proceedings for an offence under this section may be brought and prosecuted by the Commission. Membership of Commission 12. (1) A person who immediately before the establishment day was— (a) a member of the Competition Authority, or (b) the chief executive officer of the National Consumer Agency, shall, on the establishment day, become and be a member of the Commission, and shall continue as such member for the remainder of the term of office for which he or she was appointed, unless he or she sooner dies, resigns from office or otherwise ceases to hold office. (2) The person who immediately before the establishment day was the chairperson of the Competition Authority shall, on the establishment day, become and be the chairperson of the Commission, and shall continue as such chairperson for the remainder of the term of office for which he or she was appointed, unless he or she sooner dies, resigns from office or otherwise ceases to hold office. (3) Subject to subsections (1) and (2) the membership of the Commission shall consist of— (a) a chairperson and such number of other whole-time members, not being less than 2 nor more than 6, as the Minister determines and appoints (but that limitation on numbers does not affect an appointment under paragraph (b)), (b) in any case where it appears to the Minister that a member referred to in paragraph (a) is temporarily unable to discharge his or her duties, a whole-time member appointed by the Minister, for all or part of that period of inability, to act in that member’s place, and (c) such number of part-time members as the Minister may determine and appoint. (4) Without prejudice to subsection (3)(b), where it appears to the Minister that the chairperson of the Commission is temporarily unable to discharge his or her duties, the Minister may authorise another whole-time member to act, for all or part of that period of inability, in the chairperson’s place and for so long as such a member is so authorised and references in this Act to the chairperson of the Commission shall be construed as including references to that member. (5) (a) If a member of the Commission dies, retires, resigns, ceases to be qualified for office and ceases to hold office, is removed from office or otherwise ceases to be a member of the Commission, the Minister may, subject to subsections (7) and (8), appoint a person to be a member of the Commission to fill the vacancy so occasioned. (b) Paragraph (a) shall not operate to prevent the appointment of a person to be a member of the Commission under subsection (3)(a) to fill a vacancy occasioned by any of the circumstances referred to in the said paragraph (a). (6) Subject to subsection (7), the members of the Commission shall be recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 and appointed by the Minister. (7) Subsection (6) does not apply to— (a) a person to whom subsection (1) or (2) applies, (b) an appointment under paragraph (b) or (c) of subsection (3) or the reappointment under that subsection of a person as a member of the Commission, or (c) an appointment under subsection (5) of a person as a member of the Commission. (8) An appointment under paragraph (b) or (c) of subsection (3) or under subsection (5) shall not be made unless the person who the Minister proposes to appoint possesses, in the opinion of the Minister, sufficient expertise in, or experience of, one or more of the following areas, namely, law, economics, public administration, consumer affairs, or business generally. (9) The term of office of a member of the Commission shall be fixed by the Minister when appointing him or her and shall not exceed 5 years. (10) Notwithstanding subsection (9), a person appointed to be a member of the Commission under subsection (5) shall, subject to subsection (11), hold office for such period not exceeding 6 months as the Minister may determine commencing on the date of his or her appointment. (11) The Minister may extend a period of appointment under subsection (10) for— (a) such period not exceeding 6 months as he or she may determine, or (b) such periods, the aggregate of which shall not exceed 6 months, as he or she may determine. (12) Subject to subsection (13), a member of the Commission whose term of office expires by the effluxion of time shall be eligible for reappointment to the Commission. (13) A member of the Commission who has served 2 terms of office shall not be eligible for reappointment to the Commission, and any period during which a person serves as a member of the Commission by virtue of subsection (1) shall, for the purposes of this subsection, be deemed not to be a term of office. (14) A person appointed to be a member of the Commission under subsection (5) shall, subject to subsection (22) and section 16 , be eligible to be appointed to be a member of the Commission under subsection (3), upon the expiration of— (a) the period referred to in subsection (10), or (b) that period as extended under subsection (11), as may be appropriate, unless he or she was removed from office pursuant to subsection (19) . (15) Each member of the Commission shall hold office on such conditions as may be fixed by the Minister after consultation with the Minister for Public Expenditure and Reform. (16) A member of the Commission may be paid such remuneration, if any, as the Minister with the consent of the Minister for Public Expenditure and Reform determines. (17) Subject to subsection (6), the Public Service Management (Recruitment and Appointments) Act 2004 shall not apply to the office of a member. (18) If a member of the Commission is personally interested in a particular matter with which the Commission is dealing, he or she shall inform the Minister accordingly and shall not act as a member during the consideration of the matter. (19) The Minister may remove from office a member of the Commission who has become incapable through ill-health of performing efficiently his or her duties as such member or whose removal appears to the Minister to be necessary in the interests of the effective and economical performance of the functions of the Commission. (20) Where the Minister removes a member of the Commission from office, he or she shall lay before each House of the Oireachtas a statement in writing of the reasons for such removal. (21) A member of the Commission may resign from the Commission by letter addressed to the Minister and the resignation shall take effect on the date specified in the letter, or the date on which the Minister receives the letter, whichever is the later. (22) A person shall be disqualified from holding and shall cease to hold office as a member of the Commission 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) is the subject of an order under section 160 of the Companies Act 1990 , 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, (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, or (g) is sentenced to a term of imprisonment by a court of competent jurisdiction. Indemnity for members, members of staff and authorised officers of Commission 13. (1) Where the Commission is satisfied that a person to whom this section applies has discharged his or her duties in pursuance of the functions of the Commission in good faith, the Commission may, in the manner and to the extent and subject to the terms and conditions that the Commission 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 Commission (including the chairperson), (b) a member of the staff of the Commission, and (c) an authorised officer. Functions of chairperson 14. The chairperson shall carry on and manage, and control generally the staff, administration and business of the Commission. Meetings and procedures of Commission 15. (1) The Commission shall hold such and so many meetings as may be necessary for the due fulfilment of its functions. (2) At a meeting of the Commission— (a) the chairperson of the Commission shall, if present, be the chairperson of the meeting, or (b) if and so long as the chairperson of the Commission is not present, or if that office is vacant, the members of the Commission who are present shall choose one of their number to be chairperson of the meeting. (3) Every question at a meeting on which a vote is required shall be determined by a majority of the votes of the members of the Commission 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. (4) Subject to subsection (5), the Commission may act notwithstanding one or more vacancies among its members. (5) The quorum for a meeting of the Commission shall, unless the Minister otherwise directs, be 3. (6) The Commission may transact any of its business at a meeting at which its members participate by telephone, closed circuit television or any other means of communication by which all members can hear and be heard at the same time. (7) A member of the Commission who participates in a meeting referred to in subsection (6) is taken for all purposes to have been present at the meeting and any such member shall have the same voting rights as if he or she were physically present. (8) Subject to the provisions of this Act, the Act of 2002 and the Act of 2007, the Commission shall regulate its procedures by rules or otherwise in such manner as it shall from time to time determine. Membership of either House of Oireachtas, European Parliament or local authority 16. (1) Where a member of the Commission is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, (c) regarded pursuant to Part XIII of the Second Schedule to the Act of 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 cease to be a member of the Commission. (2) Where a member of the staff of the Commission is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, (c) regarded pursuant to Part XIII of the Second Schedule to the Act of 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 stand seconded from employment by the Commission and shall not be paid by, or be entitled to receive from, the Commission any remuneration or allowances 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 either such House, a member of such Parliament or a member of the local authority. (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 for membership of the Commission or for employment in any capacity by the Commission. (4) A period mentioned in subsection (2) shall not, for the purposes of any superannuation benefit, be reckoned as service with the Commission. (5) In this section— “Act of 1997” means the European Parliament Elections Act 1997 ; “local authority” has the same meaning as in the Local Government Act 2001 . Review of legislation 17. (1) The Minister may consult the Commission regarding proposals for legislation relating to one or both of the following: (a) consumer protection and welfare; or (b) competition. (2) The Commission 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 or competition, or both, 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 under subsection (2) to the Minister or any other Minister of the Government, as the case may be, the Commission shall consult any other person who it appears to the Commission 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. Investigations by Commission 18. (1) The Commission may, to enable it to perform its functions under this Act, do all or any of the following things: (a) summon witnesses to attend before it; (b) examine on oath (which the Commission, or any member of staff of the Commission duly authorised by the Commission, is by this section authorised to administer) the witnesses attending before it; (c) require any such witness to produce to the Commission any books, documents and records in his or her power or control; (d) by notice in writing, require any person or undertaking to provide it with such written information as the Commission considers necessary to enable it to carry out its functions. (2) A witness before the Commission pursuant to subsection (1)(a), shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court. (3) A summons to be issued for the purposes of subsection (1)(a) shall be signed by a member of the Commission. (4) A person who— (a) on being duly summoned as a witness before the Commission makes default in attending, (b) being in attendance as a witness refuses to take an oath legally required by the Commission to be taken, or to produce any books, documents and records in his or her power or control legally required by the Commission to be produced by him or her, or to answer any question to which the Commission may legally require an answer, (c) provides the Commission with information that the person knows, or ought reasonably to know, is false or misleading in a material respect, (d) fails, without reasonable cause, to provide information pursuant to a notice under paragraph (d) of subsection (1), or (e) does any other thing which, if the Commission were a court having power to commit for contempt of court, would be contempt of such court, is guilty of an offence. (5) A person guilty of an offence under this section is liable— (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or (b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years or both. (6) Paragraph (b) of subsection (5) operates so that if the contravention concerned continues one or more days after the date of its first occurrence, the person referred to in that paragraph is guilty of a separate offence under that paragraph for each day that the contravention occurs; but in respect of the second or subsequent offence of which the person is guilty by reason of that continued contravention, paragraph (b) of subsection (5) shall have effect as if “€25,000” were substituted for “€250,000” and references to imprisonment were disregarded. Provision for co-operation between Commission and certain prescribed bodies 19. (1) The Commission may enter into an arrangement or arrangements with each of the prescribed bodies for the purposes of— (a) facilitating co-operation between the Commission and the prescribed bodies in the performance of their respective functions in so far as they relate to— (i) consumer protection and welfare issues, or (ii) issues of competition between undertakings, (b) avoiding duplication of activities by the Commission and any of the prescribed bodies, (c) ensuring, as far as practicable, consistency between decisions made or other steps taken by the Commission and the prescribed bodies in so far as any part of those decisions or steps consists of or relates to— (i) consumer protection and welfare or issues of concern to consumers, or (ii) a determination of any issue of competition between undertakings, (d) enabling the Commission to be consulted in relation to any decisions by prescribed bodies which affect consumers or issues of competition between undertakings, or (e) where appropriate, conducting joint studies or analyses of matters relating to consumer protection and welfare, issues of concern to consumers or issues of competition, 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 Commission 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 or competition issues 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, the Act of 2002, the Act of 2007 or any other enactment, or (ii) the exercise of any power under section 73 or 75 of the Act of 2007, in respect of an alleged contravention of a provision of this Act, the Act of 2002, the Act of 2007 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 any other appropriate Minister shall each be furnished by the Commission with a copy of every co-operation agreement (including any variation of the agreement) that has been made within one 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 and any other appropriate Minister, each of the parties shall arrange for it to be published on the internet. (7) Without prejudice to subsection (8), nothing in any enactment shall be read as preventing the provisions of a co-operation agreement from having effect in accordance with their terms. (8) 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. (9) A failure by the Commission or a prescribed body to comply with a provision of a co- operation agreement shall not invalidate the exercise by it of any power. (10) (a) In this section— “appropriate Minister” means the Minister of the Government on whom functions stand conferred in relation to the prescribed body in question; “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; “prescribed body” means each of the following: (i) the Broadcasting Authority of Ireland; (ii) the Central Bank of Ireland; (iii) the Commission for Aviation Regulation; (iv) the Commission for Communications Regulation; (v) the Commission for Energy Regulation; (vi) the Data Protection Commissioner; (vii) the Environmental Protection Agency; (viii) the Financial Services Ombudsman; (ix) the Food Safety Authority of Ireland; (x) the Health Insurance Authority; (xi) the National Transport Authority; (xii) a body prescribed by the Minister. (b) Before prescribing a body for the purposes of this section, the Minister shall consult with such Minister or Ministers of the Government as he or she considers appropriate. (c) In prescribing a body for the purposes of this section the Minister shall have regard to the functions and activities of the body in so far as those functions and activities relate to consumer protection and welfare and issues of competition. Directions of Minister 20. (1) The Minister may, in relation to the performance by the Commission of its functions, give a direction in writing to the Commission requiring it to comply with such policies of the Government as are specified in the direction. (2) The Minister shall lay a copy of a direction under subsection (1) before each House of the Oireachtas. (3) The Commission shall comply with a direction under subsection (1) . (4) For the purposes of this section “functions” does not include— (a) a function specified in subsection (7) of section 10 , (b) making a determination in relation to a merger or acquisition under section 21(2) of the Act of 2002, or (c) carrying out an investigation under paragraph (c) of subsection (1) of section 10 . Grants to Commission 21. In each financial year, the Minister may advance to the Commission out of moneys provided by the Oireachtas such sums as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine. Power to borrow 22. (1) The Commission may, with the consent of the Minister and the Minister for Public Expenditure and Reform and subject to such conditions (if any) as they may specify, from time to time, borrow money (whether on the security of the assets of the Commission or not). (2) The aggregate standing borrowed under this section at any one time shall not exceed such amount as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine. Relationship of Commission with foreign competition or consumer bodies 23. (1) The Commission may, with the consent of the Minister, enter into arrangements with a foreign competition or consumer body whereby each party to the arrangements may— (a) furnish to the other party information in its possession if the information is required by that other party for the purpose of performance by it of any of its functions, and (b) provide such other assistance to the other party as will facilitate the performance by that other party of any of its functions. (2) The Commission shall not furnish any information to a foreign competition or consumer body pursuant to such arrangements unless it requires of, and obtains from, that body an undertaking in writing by it that it will comply with terms specified in that requirement, being terms that correspond to the provisions of any enactment concerning the disclosure of that information by the Commission. (3) The Commission may give an undertaking to a foreign competition or consumer body that it will comply with terms specified in a requirement made of the Commission by the body to give such an undertaking where— (a) those terms correspond to the provisions of any law in force in the state in which the body is established, being provisions which concern the disclosure by the body of the information referred to in paragraph (b), and (b) compliance with the requirement is a condition imposed by the body for furnishing information in its possession to the Commission pursuant to the arrangements referred to in subsection (1) . (4) In this section “foreign competition or consumer body” means a person in whom there are vested functions under the law of another state with respect to the enforcement or the administration of provisions of that state’s law concerning— (a) competition between undertakings (whether in a particular sector of that state’s economy or throughout that economy generally), or (b) consumer protection and welfare (whether in a particular sector of that state’s economy or throughout that economy generally). Disclosure of information relating to offences 24. (1) Notwithstanding section 25 , information, which in the opinion of the Commission may relate to the commission of an offence which is not an offence under the relevant statutory provisions, may be disclosed by a member of the staff of the Commission authorised by the Commission to act in that behalf to— (a) a member of An Garda Síochána, (b) the Director of Corporate Enforcement, (c) an officer of the Revenue Commissioners, (d) the Central Bank of Ireland, (e) the Commission for Communications Regulation, (f) the Department of Social Protection, (g) the Irish Auditing and Accounting Supervisory Authority, (h) the Broadcasting Authority of Ireland, (i) the Commission for Aviation Regulation, (j) the Commission for Energy Regulation, (k) the Data Protection Commissioner, (l) the Environmental Protection Agency, (m) the Financial Services Ombudsman, (n) the Food Safety Authority of Ireland, (o) the Health Insurance Authority, (p) the National Transport Authority, or (q) 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. (2) Notwithstanding any other law, information which, in the opinion of any body or person referred to in paragraphs (a) to (q) of subsection (1), may relate to the commission of an offence under any of the relevant statutory provisions, may be disclosed by that body or person to the Commission, a member of the Commission, member of the staff of the Commission or an authorised officer. Prohibition on unauthorised disclosure of confidential information 25. (1) A person shall not, unless authorised by the Commission or by a member of the staff of the Commission 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 Commission, (b) a member of the staff of the Commission, (c) an authorised officer, or (d) a person engaged by the Commission in any other capacity. (2) Subsection (1) shall not apply to— (a) a communication made by a member of the Commission, a member of the staff of the Commission, 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, member of the staff of the Commission or authorised officer of any such function, or (b) the disclosure by a member of the Commission, a member of the staff of the Commission or an authorised officer to any person or body mentioned in paragraphs (a) to (q) of section 24 (1) of information which, in the opinion of the member, member of the staff of the Commission, 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 shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both. (4) Nothing in subsection (1) shall prevent the disclosure of information by means of a report made— (a) to the Commission, or (b) by or on behalf of the Commission to the Minister. (5) In this section “confidential information” includes— (a) information that is expressed by the Commission to be confidential either as regards particular information or as regards information of a particular class or description, and (b) proposals of a commercial nature or tenders submitted to the Commission by contractors, consultants or any other person. Accountability of chairperson to Committee of Public Accounts 26. (1) The chairperson of the Commission shall, whenever required in writing to do so 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 in relation to— (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 that the Commission is required by this Act to prepare, (b) the economy and efficiency of the Commission in the use of its resources, (c) the systems, procedures and practices employed by the Commission for the purpose of evaluating the effectiveness of its operations, and (d) any matter affecting the Commission 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 this section, the chairperson of the Commission 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. Accountability of chairperson to other Oireachtas Committees 27. (1) Subject to subsection (2), the chairperson of the Commission shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Commission. (2) The chairperson of the Commission shall not be required to give account before a Committee in relation to— (a) any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State, (b) any matter specified in paragraphs (a) to (d) of subsection (7) of section 10 , or (c) a determination in relation to a merger or acquisition under section 21(2) of the Act of 2002. (3) Where the chairperson of the Commission is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subsection (2) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the chairperson of the Commission is before it, the information shall be so conveyed in writing. (4) Where the chairperson of the Commission has informed a Committee of his or her opinion in accordance with subsection (3) and the Committee does not withdraw the request referred to in subsection (1) in so far as it relates to a matter the subject of that opinion— (a) the chairperson of the Commission may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (2) applies, or (b) the Chairperson of the Committee may, on behalf of the Committee, make such an application, and the High Court shall determine the matter. (5) Pending the determination of an application under subsection (4), the chairperson of the Commission shall not attend before the Committee to give account for the matter the subject of the application. (6) If the High Court determines that the matter concerned is one to which subsection (2) applies, the Committee shall withdraw the request referred to in subsection (1), but if the High Court determines that subsection (2) does not apply, the chairperson of the Commission shall attend before the Committee to give account for the matter. (7) In the performance of his or her duties under this section, the chairperson of the Commission 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. (8) In this section “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in section 26 or the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a sub-Committee of such a Committee. Staff 28. (1) The Commission may, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the Commission as it may from time to time determine. (2) The terms and conditions of service of a member of …