S.I. No. 307/2000 -- European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations, 2000
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S.I. No. 307 of 2000 |
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European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations, 2000 |
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I, Mary Harney, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 ( No. 27 of 1972 ), and for the purpose of giving further effect to Council Directive No. 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts(a) hereby make the following Regulations: |
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1. (1) These Regulations may be cited as the European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations, 2000. |
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(2) The Principal Regulations and these Regulations may be cited together as the European Communities (Unfair Terms in Consumer Contracts) Regulations, 1995 and 2000. |
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(3) These Regulations shall apply to contracts concluded after 2 October, 2000. |
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2. In these Regulations “Principal Regulations” means the European Communities (Unfair Terms in Consumer Contracts) Regulations, 1995 ( S.I. No. 27 of 1995 ). |
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3. Regulation 2 of the Principal Regulations is amended by the insertion of the following definition after the definition of “consumer”: |
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“ ‘consumer organisation’ means - |
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(a) a company, the memorandum of association of which states the company's main object or objects to be the protection of consumer interests, |
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or |
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(b) a body corporate (other than a company) or an unincorporated body of persons in relation to which there exists a constitution or a deed of trust which states the body's main object or objects to be the protection of consumer interests;”. |
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4. Regulation 5 of the Principal Regulations is amended - |
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(a) In paragraph (2) by the substitution for “Where there is a doubt” of “Subject to paragraph (3) of this Regulation, where there is a doubt”. |
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and |
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(b) by the insertion of the following paragraph after paragraph (2): |
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“(3) Paragraph (2) of this Regulation does not apply to proceedings under Regulation 8(1) of these Regulations.”. |
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5. Regulation 8 of the Principal Regulations is amended: |
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(a) in paragraph (1) by the insertion of “or a consumer organisation” after “The Director”, |
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(b) in paragraph (2) by the insertion of “or the consumer organisation” after “The Director”, and |
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(c) in paragraph (4) by the insertion of “, the consumer organisation” after “the Director”. |
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Explanatory Note |
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(This note is not part of the Instrument and does not purport to be a legal interpretation) |
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These Regulations give further effect to the Directive not fully transposed in the European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations, 1995 ( S.I. No. 27 of 1995 ). They provide that Consumer organisations set up for the purpose of protecting consumer rights be allowed to bring an injunction. |
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Published by the Stationary Office, Dublin 2. |
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