Amendment to Order 33
S.I. No. 106 of 2009: District Court (Consumer Protection Act 2007) Rules 2009
1. These rules may be cited as the District Court (Consumer Protection Act 2007) Rules 2009.
2. These rules shall come into operation on the 24th day of April 2009 and shall be construed together with the District Court Rules 1997 to 2009.
3. The District Court Rules 1997 (S.I. No. 93 of 1997) are amended:
(ii) by the insertion in Order 33 immediately following rule 7 of the following:
“8. (1) An application to the Court by the National Consumer Agency (which, in these Rules, includes, where any function referred to in section 5A(3B) of the Central Bank Act 1942 is exercised, or the context otherwise so admits or requires, the Central Bank and Financial Services Authority of Ireland) for an order under section 81(1) of the Consumer Protection Act 2007 (No 19 of 2007) shall be made to the Court as soon as may be following conviction. The Court may adjourn the application and may direct that the application be determined on oral evidence (and the Court may for that purpose make orders and give directions in relation to the exchange of pleadings or points of claim or defence between the National Consumer Agency and the person convicted).
(2) The provisions of this Order which apply to a compensation order shall apply mutatis mutandis to a judgment to which section 81(6) of the Consumer Protection Act 2007 applies and references in this Order to a compensation order shall, where the context admits or requires, include references to such a judgment.”;
4. The Forms numbered 23.2, 34.43 and 34.44 in Schedule 1 hereof shall be added to the Forms in Schedule B of the District Court Rules 1997 (S.I. No. 93 of 1997).