The Gazette 1978

GAZETTE

MARCH 1978

Orders (Sections 10, 11, 12)

Under the Act, the Minister for Industry and

Commerce has certain order-making powers, as follows:

(a) Marking Orders whereby the Minister may order that

goods should be marked with certain information

such as "washing instructions".

(b) Advertising Orders whereby the Minister may order

traders or manufacturers to include certain infor-

mation in their advertisements to help a consumer

make a more informed choice between competing

products.

a matter of law precisely what phrases mean, such as

"shrink proof' or "waterproof'.

Where the Minister makes these Orders and traders or

manufacturers fail to obey them, an offence is committed

under the Act.

Enforcement (Sections 9, 16)

The primary responsibility for enforcing the Act will

rest with the Director of Consumer Affairs. He will be

backed with a staff of inspectors who will have powers to

search and make enquiries to assist the Director in his

task of prosecuting offencers.

Penalties (Section 17)

Summary conviction fines are up to £500. Conviction

on indictment may lead to fines up to £10,000 and/or

imprisonment. There is a provision whereby a judge may

order compensation to a consumer injured by an offence

committed under the Act. The amount of the compen-

sation will be deducted from the fine imposed on the

offender.

Defences (Section 22)

The Act narrows the scope of some of the defences

provided by the Merchandise Marks Acts but provides

the defence that a trader will not be liable if he acts on

information supplied by another person, provided that

trader takes all reasonable care to see that the information

he provides to the public is correct.

Onus of Proof (Section 20)

Section 20 provides:

Where in any procedures under the Acts involving a

trade description or under this Act, the truth of any

indication direct or indirect and by whatever means

given

(a) by a manufacturer, producer or supplier thereof

with respect to goods or the price of goods, or

(b) by any person providing services, accommo-

dation or facilities with respect to services,

accommodation or facilities or the charges for

the services, accommodation or facilities,

is an issue, and the person who gave the indication

does not establish that on the balance of probabilities

the indication is true, it shall be presumed to be

untrue.

The Act anticipates many of the provisions of the draft

proposal of the Commission of the EEC on misleading

advertising and provides by its scope a wide measure of

protection to consumers. It is by no means a panacea for

consumer ills, but it is an important first step by Mrs.

Máire Geoghan Quinn and her Department in developing

a body of laws which give the consumer a bit of fair play.

Lending Institutions to Reject

Leases of Dwellinghouses after

Passing of Ground Rents Act

A meeting of the solicitors acting for Lending Institutions

in Dublin has considered the effect of Section 2 of the

Landlord and Tenant (Ground Rents) (1) Bill 1977,

having regard to the practice of leases of dwellinghouses

on building estates being executed by all parties well in

advance of the completion of the houses, and being held

in escrow by the lessors solicitors, usually to enable stamp

duty on the lease to be assessed and impressed prior to

completion.

It was the unanimous view of the solicitors present that

such a lease even though dated prior to the date of coming

into force of the Act would be void under the Act if it

were held in escrow at the date of the passing of the Act

and delivered to the purchasers afterwards. The meeting

further considered the difficulties which would face a

Lending Institution solicitor presented, shortly after the

passing of the Act, with a lease dated prior to the date of

passing of the Act, of deciding whether such lease were

void because it had been held in escrow or valid because it

had been delivered prior to the passing of the Act. The

view of the meeting was that a Lending Institution

solicitor could not undertake the burden of making such a

decision.

The meeting noted that the provisions of Section 2,

Sub-section (4), of the Bill which protected the position of

a purchaser of a leasehold interest deemed void under

Section 2, Sub-section (1), did not extend to a mortgagee

and accordingly agreed that the solicitors acting for

Lending Institutions would not be able to accept leases of

dwellinghouses after the date of coming into force of the

Act even though the leases might have been dated prior to

the passing of the Act. Following this meeting the Society

made representations to the Department of Justice asking

for amendments to be made to the Bill to protect the

interests of purchasers under such leases but it is not

anticipated that the required amendments will in fact be

made in the Act.

Accordingly, solicitors acting for vendors or

purchasers of new dwellinghouses or those in course of

construction which it was intended should be let on leases

should immediately make arrangements to avoid the use

of such leases which will not be acceptable to Lending

Institution solicitors after the passing of the Act.

Law Agent

Limerick Corporation

Salary: £7,737 — £8,909*

Entry above the minimum possible.

Essential: Admission and enrolment as a Solicitor in the State

and eight years experience including experience of Court work.

For application forms and further details write to:

The Secretary, Local Appointments Commis-

sion, 1 Lower Grand Canal Street, Dublin 2.

Closing Date: 25th May 1978

*Not including first phase increase of the National Agreement

1978.