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The Consumer Protection (Northern Ireland) Order 1987

Status:

This is the original version (as it was originally made).

Power to make regulations

19.—(1) The Department may, after consulting the Director General of Fair Trading and such other persons as the Department considers it appropriate to consult, by regulations make provision—

(a)for the purpose of regulating the circumstances and manner in which any person—

(i)gives any indication as to the price at which any goods, services, accommodation or facilities will be or are available or have been supplied or provided; or

(ii)indicates any other matter in respect of which any such indication may be misleading;

(b)for the purpose of facilitating the enforcement of Article 13 or of any regulations made under this Article.

(2) The Department shall not make regulations by virtue of paragraph (1)(a) except in relation to—

(a)indications given by persons in the course of business; and

(b)such indications given otherwise than in the course of business as—

(i)are given by or on behalf of persons by whom accommodation is provided to others by means of leases or licences; and

(ii)relate to goods, services or facilities supplied or provided to those others in connection with the provisions of the accommodation.

(3) Without prejudice to the generality of paragraph (1), regulations under this Article may—

(a)prohibit an indication as to a price from referring to such matters as may be prescribed by the regulations;

(b)require an indication as to a price or other matter to be accompanied or supplemented by such explanation or such additional information as may be prescribed by the regulations;

(c)require information or explanations with respect to a price or other matter to be given to an officer of an enforcement authority and to authorise such an officer to require such information or explanations to be given;

(d)require any information or explanation provided for the purposes of any regulations made by virtue of sub-paragraph (b) or (c) to be accurate;

(e)prohibit the inclusion in indications as to a price or other matter of statements that the indications are not to be relied upon;

(f)provide that expressions used in any indication as to a price or other matter shall be construed in a particular way for the purposes of this Part;

(g)provide that a contravention of any provision of the regulations shall constitute a criminal offence punishable—

(i)on conviction on indictment by a fine;

(ii)on summary conviction, by a fine not exceeding the statutory maximum;

(h)apply any provision of this Order which relates to a criminal offence to an offence created by virtue of sub-paragraph (g).

(4) Regulations under this Article shall be subject to negative resolution and may make such supplemental, consequential and transitional provision as the Department considers appropriate.

(5) In this Article “lease” includes—

(a)any tenancy,

(b)a sub-lease or sub-tenancy,

(c)an agreement for a lease or tenancy, and

(d)a statutory tenancy (within the meaning of the Rent (Northern Ireland) Order 1978(1)).

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