Consumer Protection Act, 2020 (No. 7 of 2020)

2 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 3 PART 1- PRELIMINARY “Consumer” means any person or body corporate who acquires goods or services for personal, domestic Application. 1. This Act applies to the supply of goods and services in or household use or consumption whether for the trade or commerce in Sierra Leone, including supply by entities owned benefit of themselves or other persons, but does wholly or partly by the State. not include a person who obtains such goods or services for resale or for any commercial purpose; Interpreta- 2. In this Act, unless the context otherwise requires- tion. “acquire” includes purchase, exchange taking on lease, “commercial purpose” does not include use of goods hire or by credit; or services duly registered exclusively for the purpose of earning a livelihood by means of self- “adjudicator” means a legal practitioner appointed employment; under section 24 (2) to determine a resolution to disputes between consumers, service providers and “consumer association” means a voluntary body of suppliers; persons duly registered under any enactments whose prinicipal objective is to protect and promote “appropriate laboratory” means an accredited consumer interests; laboratory or organization recognized by Government and includes any such laboratory or “consumer contract” means an agreement, whether or organization established by or under any enactment not in writing and whether of specific or general use, for carrying out analysis or tests of any goods with to supply goods or services to a consumer; a view to determining whether the goods suffer from any defect; “consumer representative” means a person or organisation who with the agreement of the “auction” means any sale of goods or services at which consumer provides assistance and support to the some or all of the persons present compete for the consumer in expressing views or taking other purchase of goods or services, whether by way of actions; bidding or any other means; “Chief Executive Officer” mean the Chief Executive “credit” is provided if’ a right is granted by a person to Officer appointed under section 13; another person to- “Commission” means the National Consumer (a) defer payment of a debt; Protection Commission of Sierra Leone established (b) incur a debt and defer its payment; or under section 3; (c) purchase property or services and defer payment for that purchase in whole or in part; “complaint” means any aspect of the goods or services or the conduct of the supplier or service provider “credit contract” means a contract under which credit which cause or have the potential to cause detriment is or may be provided; to a consumer;

4 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 5 “creditor” means a person who provides, or may (a) guarantees the performance of a debtor’s provide, credit under a credit contract; obligations under the contract; (b) indemnifies a creditor against any loss that “debtor” means a person to whom credit has been the creditor may incur in connection with the provided, or may be provided, under a credit contract; or contract; (c) assumes liability for performing the “default fees” means fees or charges payable on a obligations of a debtor under the contract; breach of a credit contract by a debtor or on the enforcement of a credit contract by a creditor; “importer” with respect to any particular goods, means a person who brings those goods or causes them to “distributor” in relation to any particular goods, means be brought from outside Sierra Leone to Sierra Leone, a person who in trade and commerce is supplied with the intention of making them available for with those goods by a producer, importer or other supply in trade or commerce. distributor and in turn supplies those goods to either another distributor or to a retailer; “Inspector” means an inspector appointed under this Act; “interest charge” means a charge that accrues over “Minister” means the Minister responsible for trade time and is determined by applying a rate to an and industry and “Ministry” shall be construed amount owing under a credit contract; accordingly; “goods” includes all tangible items or articles acquired “price” of goods or services, means the amount paid or used by a consumer including- or payable (including any charge of any description) for their acquisition. (a) ships, aircraft and other vehicles; “producer” means a person who- (a) grows, nurtures, harvests, mines, generates, (b) animals (including fish); refines, creates, manufactures or otherwise produces the goods or services or causes (c) minerals, trees and crops, whether on, under any of those things to be done, with the or attached to land or not; intention of making them available for supply in trade or commerce within Sierra Leone, or (d) gas, electricity, water, telecommunications; (b) by applying a personal or business name, “Government” means the Government of the Republic trade mark, trade description or other visual of Sierra Leone; representation on or in relation to the goods, has created or established reasonable “guarantor” in relation to a credit contract means a expectation that the person is a person person who- contemplated in paragraph (a);

6 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 7 “pyramid scheme” means a scheme for the supply of (b) the provision of any education, information, goods, services or financial benefit where- advice or consultation; (c) provision of transportation; (a) a person, in order to take part in the scheme, (d) the provision of any accommodation makes a payment or provides another benefit including for rental; or to or for the benefit of any other person, whether or not the other person is described (e) the provision of facilities for, amusement, in the scheme; and entertainment, recreation or instruction, (b) the person who makes the payment or but does not include rights or benefits being the supply of goods or provides the benefit: the performance of work under a contract of service; (i) receives a payment or other benefit; or “supply” in relation to goods includes supply (including re-supply) by way of sale, exchange, lease, (ii) receives the promise of a payment or hire or hire-purchase agreement and offer as a prize other benefit or the promise that another or reward or give-away for the purpose of advertisement or in furtherance of trade or person will receive a payment or other commerce; and in relation to services includes benefit for inducing or enabling any provide, grant or confer. other person or persons to take part in the scheme; or for enabling or assisting “supplier” in relation to a supply of goods or services, participants in the scheme to be means the person who has supplied or holds promoted, transferred or to have their themselves out as being able to supply the goods or status changed; or for providing services; participants in the scheme with, or “substantiation notice” means a notice under section enabling participants in the scheme to 112 be provided with, training, facilities or “trade or commerce” means- other services. “retailer” with respect to any particular goods, means (a) trade or commerce within Sierra Leone; or a person who, in trade and commerce, supplies those goods to a consumer. (b) trade or commerce between Sierra Leone and places outside Sierra Leone; and includes any business or professional activity (whether “services” includes any rights benefits, privileges or or not carried on for profit). facilities that are, or are to be, provided, granted or conferred in trade or commerce including in relation “Sheriff” means, the Inspector General of Police of the to: Republic of Sierra Leone. (a) the performance of work (including work of a “Standard Bureau” means the Standards Bureau professional nature) whether with or without established by Section 3 of the Standards Bureau the supply of goods; Act, 1996 (Act No. 2 of 1996)

8 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 9 “unfair supplier conduct” means a conduct that is (c) A representative of the Bar Association covered by the general and specific prohibitions qualified to be appointed as Judge of the High contained under Part IV. Court; (d) two representatives of registered associa- tions concerned with consumer protection; PART 11 - ESTABLISHMENT OF NATIONAL CONSUMER PROTECTION COMMISSION OF SIERRA LEONE (e) a representative of the Sierra Leone Chamber of Commerce, Industry and Agriculture; Establishment 3. (1) There is hereby established a body to be known as (f) four other persons having experience and of Com- the National Consumer Protection Commission of Sierra Leone, mission. knowledge in consumer protection, industry, hereafter referred to as the “Commission”. commerce, economics, law or public adminis- tration; and (2) The Commission shall be a body corporate with perpetual succession having a common seal and shall in its corporate name be (g) the Chief Executive Officer who shall be capable of- Secretary. (a) suing and being sued; 5. (I) The Commission shall be responsible for the Functions, powers and administration of this Act. duties of the (b) purchasing or otherwise acquiring, holding, Commission. charging and disposing of movable and (2) Without prejudice to the generality of subsection (1), immovable property; and the Commission shall- (c) performing all other duties as necessary for (a) monitor the operation of consumer markets the proper carrying out of its functions . in Sierra Leone and consider how they may be improved for the long term interests of Composition 4. The Commission shall consist of the following members consumers and make recommendations to the of the Minister as appropriate; Commission. who shall be appointed by the President on the recommendation of the Minister and subject to the approval of Parliament:- (b) conduct research on consumer protection policies, enactments and make recommenda- (a) a Chairman and a Deputy Chairman who shall tions to the Minister for improvement as both have proven knowledge and experience appropriate; on matters relating to consumer protection; (c) disseminate information to enable consumers (b) the Permanent Secretary of the Ministry or to acquire knowledge of consumer rights and his representative; obligations and the skills needed to make informed choices about goods and services; (d) formulate and implement consumer educa- tion

10 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 11 (e) provide guidance to suppliers and other 6. (1) Subject to this Part, a member of the Commission shall Tenure of interested persons on the carrying out of the hold office for a term of 3 years and may be reappointed to serve office of members of functions and exercise of the powers of the another term of 3 years only. commission Commission under this Act; (2) Upon the expiration of the term for which a member of (f) investigate allegations of non-compliance the Commission is appointed, the member shall continue to hold office with this Act and take action to ensure that until another member is appointed but in no case shall an extention of appropriate remedies are imposed; the period exceed four months. (g) liaise with other Government and non 7. The office of a member of the Commission shall be vacated- Vacanvy in Government organisations to identify any the Commisssion. practices that are inconsistent with this Act (a) upon the member’s death; and develop proposals for the reform of such practices and report to the Minister progress (b) if the member is adjudged bankrupt; and recommendations for further action as (c) if the member is absent from three consecu- appropriate; tive meetings of the Commission of which the member has had notice, without the prior (h) liaise and exchange information, knowledge approval of the Commission; and expertise with consumer agencies in other countries; (d) upon the expiry of one month’s notice of the (i) recognize consumer bodies duly registered member’s intention to resign, given by the under any enactment as the proper bodies, member in writing to the President; in their areas of operation, to represent consumers. (e) if the member becomes mentally or physically incapable of performing duties as a member; (j) cooperate with and assist any association or body of persons to develop and promote the f) if the member is removed by the President; or observance of standards of conduct for the purposes of ensuring compliance with this g) if the member is convicted of an offence Act, and; involving sexual offences, fraud or dishonesty. (k) do all such acts and things as are necessary, incidental or conducive to the carrying out 8. (1) Subject to the other provisions of this Act, the Arrangement of its functions under this Act, and; of business. Commission may regulate its own procedure. (l) collaborate with other Statutory Regulatory (2) The Commission shall meet for the transaction of its Institutions in exercising its investigative business at least once in every 3 months at such places and times as functions.. the Chairman may determine.

12 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 13 (3) Upon giving notice of not less than 14 days, a meeting (3) A person who fails to disclose any interest in of the Commission shall be called by the Chairperson or shall be subsection (i) shall be guilty of misconduct and shall be liable to be called if one third of the members so request in writing; but if the removed as a member of the Commission. urgency of a particular matter does not permit the giving of any notice, a special meeting may be called upon giving a shorter notice. (4) The Chairman and Deputy Chairman shall give written notice to the Minister of all pecuniary interests that any of them have (4) The quorum for a meeting of the Commission shall be in any business carried on in Sierra Leone or in any body corporate 5. carrying on such business. (5) The Chairperson shall preside at meetings of the 10. (I) A person shall not, without the consent in writing Confidentiality Commission and in the absence of the Chairperson the Deputy- given by, or on behalf of, the Commission, publish or disclose to any Chairperson shall preside, but if none of them is present, the members unauthorized person, otherwise than in the course of that person’s shall elect a person from among their number to preside. duties, the contents of any document, communication or information whatsoever, which relates to, or which has come to that person’s (6) A decision of the Commission on any question shall knowledge in the course of that person’s duties under this Act. be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the (2) A person who contravenes subsection (1) commits meeting shall have, in addition to a deliberative vote, a casting vote. an offence and is liable on conviction, to a fine not less than 20,000,000 (7) Where a member is for any reason unable to attend leones and not exceeding 50 million Leones or to imprisonment for a period not exceeding 2 years, or to both the fine and imprisonment. any meeting of the Commission, the member shall notify the Commission in writing of his absence. (3) A person who, having information which to the knowledge of that person has been published or disclosed in (8) The Commission may invite any person whose contravention of subsection (I), unlawfully publishes or presence, in its opinion, is desirable to attend and participate in the communicates the information to any other person, commits an deliberations of a meeting of the Commission, but that person shall offence and is liable, on conviction, to a fine not less than 20,000,000 have no vote. Leones and not exceeding 50 million Leones or to imprisonment for a term not exceeding 2 years, or to both the fine and imprisonment. (9) The Commission shall cause minutes of the proceedings of every meeting to be kept in proper order. 11. (I) The Commission may, by resolution, delegate to a Delegation by member of the Commission, either generally or otherwise as provided Commission. Disclosure of 9. (1) A member of the Commission who has any interest under this Act. interest by whether direct or indirect in any matter being considered or to be members of commossion. considered by the Commission, shall disclose the nature of his (2) A power delegated under subsection (1) may be interest and the disclosure shall be recorded in the minute of the exercised or performed by the delegate as directed by the Commission. Commission and such member shall not take part in any of the deliberation or decision of the Commission relating to that matter. (3) A delegation under this section shall be revocable at will and shall not prevent the exercise of a power by the Commission. (2) A disclosure of interest made under subsection (1) shall be recorded in the minutes of the meeting at which the disclosure is made.

14 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 15 Staff of 12. There shall be appointed by the Commission on such terms 14. (1) The Chief Executive Officer may designate any Inspectors. Commission. employee of the Commission as inspector for the purposes of this as the Commission may determine, such staff as the Commission requires for the efficient discharge of its functions under this Act. Act. Chief Ex- 13. (1) The President shall appoint a Chief Executive Officer (2) The Chief Executive Officer may not designate a ecutive person as an inspector under this section unless he is satisfied that who shall be a person with proven knowledge and experience on Officer. the person is appropriately qualified or has successfully completed matters relating to consumer protection subject to the approval of appropriate training. Parliament. (3) The Chief Executive Officer shall upon receiving a (2) The Chief Executive Officer shall hold office for a term complaint provide an inspector with an identity card which should of 5 years and based on his performance, may be reappointed for be used as evidence of the inspector’s appointment under the Act. another final term of 5 years subject to a maximum of 2 terms. (4) An inspector in performing any function under this (3) The Chief Executive Officer of the Commission shall, Act shall- subject to the direction of the Commission, be responsible for the day-to-day management of the Commission. (a) have in his possession his identity card; and (4) The Chief Executive Officer shall- (b) show the identity card to any person who requests to see it or is subject to an (a) prepare and take minutes of the Commission’s investigation under this Act. meetings and hearings; (5) The Chief Execuitive Officer in assigning an inspector to (b) carry out administrative functions on behalf investigation which he deems technical in nature shall in consultation of the Commission; with other Statutory Regulatory bodies cause that inspector to be accompanied by officers of the relevant bodies in undertaking the (c) assist the Commission to prepare guidelines, investigation. procedures and reports; 15. (1) The Commission may engage consultants to advise Consultants. (d) receive on behalf of the Commission any and perform services for the Commission. complaints for the attention of the Dispute Resolution Committee; (2) The terms and conditions of engagement of consultants shall be determined by the Commission. (e) receive and deal with correspondence and communications on behalf of the Com- 16. (1) The Commission shall keep proper book of accounts Accounts and audit. mission; and and other records of income and expenditure. (2) The accounts of the Commission shall be subject to (f) carry out any other function as required by audit by the Auditor-General. the Commission under this Act.

16 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 17 (3) The accounts of the Commission and the audit report (2) The objective of the Dispute Resolution Committee shall be provided to the Minister with the annual report of the shall be to assist consumers and suppliers resolve disputes which Commission. are brought to the attention of the Commission. Annual 17. (1) The Commission shall prepare a report on its activities (3) The Dispute Resolution Committee shall provide Report. during each financial year. information, advice, conciliation, mediation and adjudication services. (2) The Commission shall provide the Minister with the (4) The Dispute Resolution Committee shall be annual report not later than four months after the end of the financial established in each of the provincial head quarter towns of Sierra year. Leone to facilitate the resolution of complaints at the local level. (3) The Minister shall as soon as practicable, lay a copy 21. (1) A consumer or consumer representative on behalf of Complaints to the of the report before the Parliament. a consumer may submit a complaint- Commission. Funds of 18. (l) The activities of the Commission shall be financed (a) regarding goods or services; or Commission. by funds consisting of. (b) alleged unfair supplier or service provider (a) monies appropriated from time to time by conduct in the provision of goods and Parliament for the purpose of the services. Commission; (b) all monies given to the Agency by way of (2) The Commission’s staff shall assist a complainant, gifts, endowments, bequest, grant or other where necessary, to submit the complaint in writing. contributions by persons and organisations for the purposes of the Commission; and 22. (I) The Commission shall within 14 days review each Complaints complaint it receives and determine a way to deal with the complaint. triage. (c) all other moneys which may, from time to time, accrue to the Commission. (2) The Commission shall deal with the complaint as it (2) The funds of the Commission shall be applied only considers appropriate and may- for the purposes of the approved budget of the Commission. (a) issue a no-action response on the basis that Establishment 19. (l) The Commission shall establish committees as it the complaint is frivolous, vexatious or not of Committees. deems necessary for the implementation of its functions under this supported by evidence to provide a basis Act. for action; (2) The committees established under subsection (1) (b) refer the complaint to the Dispute Resolution shall comprise members of the Commission and non-members. Committee for further examination, including contact with the supplier or service provider The Dispute 20. (1) Notwithstanding the generality of section 19 there is Resolution Committee. hereby established a Dispute Resolution Committee

18 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 19 (c) refer the complaint to an inspector for 24. (1) Where a complaint cannot or is unlikely to be resolved Adjudication. consideration as to whether the conduct by the Dispute Resolution Committee, the complaint may be referred involved indicates possible non-compliance for adjudication. with this Act or any other relevant enactment. (2) An adjudicator may be appointed on a full-time or Testing of 23. (1) where the complainant alleges a defect in goods part-time basis on prescribed terms and conditions. goods subject which requires analysis or testing of the goods, the Commission to complaint. (3) An adjudicator shall be a legal practitioner who is shall instruct the Dispute Resolution Committee in collaboration with qualified to be appointed as a High Court Judge, has proven relevant statutory bodies to obtain samples of the goods from the knowledge and experience on matters relating to consumer protection complainant and respondent and submit it to an appropriate and shall be capable of providing an independent assessment of laboratory for testing. matters raised by consumer complaints. (2) The Dispute Resolution Committee shall instruct the (4) An adjudicator shall perform his functions independently of the Commission but may be assisted by the Dispute laboratory to analyse the sample and determine whether it has any of Resolution Committee. the alleged defects or has any other defects. (3) The laboratory shall submit its analysis report within 25. (1) An adjudicator shall ensure that details of the Adjudication 15 days from the receipt of the sample. complaint are served on the supplier or service provider involved Procedure. and provide a time period for a response to be received. (4) The period for submission of the report referred to in (2) Where the supplier or service provider involved in subsection (3) may be extended for such period as the adjudicator the complaint- may determine. (a) denies or disputes the allegation contained (5) The Commission may where it considers appropriate in the complaint; or require one or more parties to a dispute to contribute to the cost of the analysis of the sample. (b) omits or fails to present a response within the stipulated time by the adjudicator, (6) A copy of the report shall be made available to the the adjudicator shall proceed to decide the matter as considered fair other party together with such comments as the adjudicator may make. and just. (7) Where any party disputes the correctness of the (3) An adjudicator in determining a complaint shall have finding of the laboratory or its methodology, the adjudicator shall regard to evidence provided by the Commission’s staff and the parties require that party to submit his objections in writing. involved in the dispute. (4) A dispute may be adjudicated by an affidavit of (8) The adjudicator shall give a reasonable opportunity evidence filed by the parties or at a hearing convened by the to both parties in the dispute to be heard as to the correctness or adjudicator. otherwise of the report of the laboratory and any other objections to it and issue such orders as it deems appropriate. (5) The time and place of any hearing shall be determined by the adjudicator so as to secure a reasonable opportunity for parties to appear before him with little inconveniece and expense as is practicable.

20 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 21 (6) Every complaint shall be heard expeditiously. 29. If the parties to a dispute agree to the proposed terms of an Consent appropriate order of the adjudicator, the adjudicator without hearing orders. use of 26. (1) Where the complainant alleges a defect in goods any evidence may confirm that resolution or agreement as a consent laboratory which requires analysis or testing of the goods, the adjudicator shall order. results. utilize the laboratory result obtained by the Dispute Resolution Committee in adjudicating the complaint. 30. (1) A party to a dispute may appeal to the High Court Appeal against a determination or orders of an adjudicator. against adjudication Reasons for 27. In determining how a complaint is to be resolved, the determinations. adjudication adjudicator shall give reasons for his decision which shall be in writing. (2) An appeal shall be filed within 30 days of the decision decision. or order of the adjudicator. Adjudication 28. (1) Prior to determining a complaint, the adjudicator may Order. (3) The High Court may hear an appeal after the expiration make such interim orders as appears fair and proper on the facts and of thirty days if it is satisfied that there was sufficient cause for not circumstances of the complaint. filing within the prescribed period. (2) Where an adjudicator determines that a complaint is justified in whole or in part, he may issue an appropriate order to the 31. An order made by an adjudicator or the High Court may be Enforcement directed to the Sheriff who shall execute and enforce the order. of orders. other party directing him to do one or more of the following:- (a) remove any defect in the goods or services supplied to the consumer which is the subject 32. The Commission shall deal with allegations of unfair Unfair supplier conduct as it considers appropriate and may- supplier of the compliants; conduct allegation. (b) replace the goods or services complained of (a) investigate the conduct to ascertain whether with goods or services which are free from it is likely to be unfair in terms of this Act; defect; (b) take administrative action in response to the (c) charges paid by the complainant; conduct by issuing a compliance notice; (d) or injury suffered by the consumer; (c) issue a public warning; or (e) pay such sum as may be determined by the (d) take an action against the supplier in the Adjudicator if he is of the opinion that loss court. or injury has been suffered by a large number of consumers who are not readily identifiable; 33. The following persons may participate in a hearing under Right to participate in this Part, in person or through a legal practitioner, and may put hearing. (f) provide for adequate costs to parties; questions to witnesses and inspect any books, documents or items presented at the hearing by- (g) the circumstances of the complaint.

22 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 23 (a) the Commission; 36. The law regarding a witness’ privilege in a criminal matter Witnesses. in the High Court shall apply to a person who provides information (b) the applicant or complainant; during a hearing. (c) the respondent; and 37. The High Court may order a person to answer any question Incriminating or to produce any article or document, even if it is self- incriminating questions. (d) any other person who has a material interest to do so. in the hearing, unless, in the opinion of the High Court that interest is adequately 38. The High Court shall provide the parties and members of Record of represented by another participant. the public reasonable access to the record of each hearing, subject to High Court hearings. any ruling to protect confidential information. Powers of 34. (1) The Judge presiding at a hearing may- High Court. 39. (1) At any time, whether or not a hearing has commenced Interim (a) direct or summon any person to appear at into a complaint, a complainant may apply to the High Court for an Orders. any specified time and place; interim order in respect of that complaint, and the High Court may grant such an order if- (b) question any person under oath or affirmation; (a) there is evidence that the allegations may be true; and (c) summon or order any person- (b) an interim order is reasonably necessary to- (i) to produce any book, document or item necessary for the purposes of the (i) prevent serious, irreparable harm to that hearing; or person; or (ii) to perform any other act in relation to (ii) prevent the purposes of this Act from this Act; and being frustrated; (d) give directions prohibiting or restricting the (c) the respondent has been given a reasonable publication of any evidence given to the High opportunity to be heard, having regard to Court. the urgency of the proceedings; and Rules of 35. Subject to the rules of procedure of the High Court, a Judge (d) the balance of convenience favours the Procedure. presiding at a hearing may determine the procedure for that hearing, granting of the order. taking into consideration the circumstances of the matter (2) An interim order under this section shall not extend beyond-

24 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 25 (a) the conclusion of a hearing into the (e) make an order in the nature of an order for complaint; or specific performance of a contract; (f) order rescission of a contract; (b) 6 months after the date of issue of the interim order- (g) order rectification of a contract; (3) If an interim order has been granted, and a hearing (h) declare that a debt is, or is not owing, into that matter has not been concluded within 6 months after the date of that order. the High Court, on good cause shown, may extend (i) order a party to do or refrain from doing the interim order for’ a further period not exceeding 6 months. something. Orders of 40. (1) At the conclusion of a hearing, the High Court shall (4) Without prejudice to subsection (2), the High Court High Court. may in relation to alleged conduct in breach of this Act make orders issue written reasons for its decision. including- (2) Subject to this Act the High Court may make any (a) declaring conduct to be prohibited in terms order permitted in the circumstances under this Act. of this Act; (3) Without prejudice to subsection (2), the High Court (b) restraining any prohibited conduct; may in relation to a consumer complaint- (c) imposing an administrative fine under Section (a) order the payment of a sum of money- 42, with or without the addition of any other order under this section; (i) found to be owing by one party to another party; (d) confirming a consent agreement under this Act as an order of the Court. (ii) by way of damages (including exemplary damages and damages in the nature of 41. (1) The High Court may impose an administrative fine Administrative fines. interest); and the fine so imposed shall not exceed one billion leones. (iii) by way of restitution; (2) In determining an appropriate fine, the High Court shall consider the following matters- (b) vary any term of a contract; (a) the nature, duration, gravity and extent of (c) declare that a term of a contract is, or is not, the contravention; void; (b) any loss or damage suffered as a result of the (d) order the refund of any money paid under a contravention; contract or under a void contract;

26 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 27 (c) the behaviour of the respondent; (2) A proceeding under subsection (1) shall be initiated at any time as from the imposition of the administrative fine. (d) the market circumstances in which the contravention took place; 45. A person who- Offences. (e) the level of profit derived from the (a) does anything calculated to improperly contravention; influence the High Court or the Commission concerning any matter connected with an (f) the degree to which the respondent has investigation; cooperated with the Commission and the High (b) anticipates any findings of the High Court or Court; and the Commission concerning an investigation in a way that is calculated to influence the (g) whether the respondent has previously been proceeding or findings; found in contravention of this Act. (c) does anything in connection with an (3) A fine payable under this Act shall be paid into the investigation that would have been contempt Consolidated Fund. of court if the proceedings had occurred in a court of law; Costs. 42. (1) Subject to subsection (2), each party participating in a hearing shall bear his own costs. (d) knowingly provides false information to the Commission; (2) If the High Court- (e) defames the High Court, the adjudicator or (a) has not made a finding against a respondent, Members of the Dispute Resolution it may award costs against a complainant Committee in their respective official who referred the complaint; or capacities; (b) has made a finding against a respondent, it (f) wilfully interrupts the proceedings of a may award costs against the respondent. hearing or misbehaves in the place where a hearing is being conducted; Appeals. 43. A participant in a hearing before the High Court may appeal a decision by that Court to the Court of Appeal. (g) acts contrary to a warrant to enter and search; or Commission 44. (1) The Commission may institute proceedings in the High to institute proceedings. Court on its own behalf for recovery of an administrative fine imposed (h) without authority, but claiming to have under this Act. authority in terms of section 92 enters or searches premises or removes an article or document;

28 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 29 commits an offence and is liable on conviction to a fine not exceeding the consumer has a right to expect that the 50,000,000 leones or to a term of imprisonment not exceeding 2 years. goods are reasonably suitable for the specific purpose that the consumer has PART III - CONSUMER RIGHTS RELATING TO THE QUALITY indicated. OF GOODS AND SERVICES (4) In determining whether any particular goods satisfied Consumers 46 (1) This section shall apply to goods bought at auctions the requirements of subsection (2) or (3), all of the circumstances of right to safe the supply of those goods shall be considered, including- where an auctioneer acts as agent for the owner. quality goods. (2) Except to the extent contemplated in subsection (5), (a) the manner in which, and the purposes for which, the goods were marketed, packaged every consumer has a right to receive goods that- and displayed, the use of any trade description or mark, any instructions for, or (a) are reasonably suitable for the purposes for warnings with respect to the use of the goods; which they are generally intended; (b) the range of things that might reasonably be anticipated to be done with or in relation to (b) are of good quality, in good working order the goods; and and free of any defects; ( c) the time when the goods were produced and (c) are useable and durable for a reasonable supplied. period of time, having regard to the use to which they would normally be put and to all (5) For the purposes of subsection (4)- the surrounding circumstances of their supply; and (a) it shall be irrelevant whether a product failure or defect was latent or patent, or whether it (d) comply with any applicable standards set could have been detected by a consumer before taking delivery of the goods; and under the Standards Bureau Act or any other enactment. (b) a product failure or defect may not be inferred in respect of particular goods solely on the (3) In addition to the right set out in subsection (2), if a grounds that better goods have subse- consumer has specifically informed the supplier of the particular quently become available from the same or purpose for which the consumer wishes to acquire any goods, or the any other producer or supplier. use to which the consumer intends to apply those goods, and the supplier- 47. (1) In any transaction or agreement pertaining to the Implied supply of goods to a consumer there shall be an implied provision warranty of (a) ordinarily offers to supply such goods; or quality. that the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards (b) acts in a manner consistent with being contemplated under section 47, except to the extent that those goods knowledgeable about the use of those goods, have been altered contrary to the instructions, or after leaving the control, of the producer or importer, a distributor or the retailer, as the case may be.

30 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 31 (2) Within 30 days after the delivery of any goods to a (b) be void if the Consumer has subjected the consumer, the consumer may return the goods to the supplier, without part, or the goods or property in which it was penalty and at the supplier’s risk and expense, if the goods fail to installed, to misuse or abuse; and satisfy the requirements and standards contemplated in section 70, and the supplier shall, at the direction of the consumer, either- (c) not apply to ordinary wear and tear, having regard to the circumstances in which the (a) repair or replace the failed, unsafe or goods are intended to ordinarily be used. defective goods; or (b) refund to the consumer the price paid by the 49. (1) When a supplier undertakes to perform any services Consumers consumer, for the goods. for or on behalf of a consumer, the Consumer shall have a right to- right to demand quality Provided that the implied warranty will be void if the consumer has (a) the timely performance and completion of service. subjected the good or property bought to misuse or abuse. those services, and timely notice of any unavoidable delay in the performance of the (3) If a supplier repairs any particular goods or any services; component of such goods, and within three months after that repair, the failure, defect or unsafe feature has not been remedied, or a further (b) the performance of the services in a manner failure, defect or unsafe feature is discovered, the supplier shall- and quality that consumers are generally entitled to expect; (a) replace the goods; or (c) the use, delivery or installation of goods that (b) refund to the consumer the price paid by the are free of defects and of a quality that consumer for the goods. consumers are generally entitled to expect, if such goods are required for performance of (4) The implied warranty imposed under this section, and the services; and the right to return goods set out in subsection (2), shall be in addition to any other implied warranty or condition imposed by the common (d) return any property or control over any law, this Act or any other enactment and any express warranty or property of the supplier in at least as good a condition stipulated by the producer or importer, distributor or retailer, condition as it was when the supplier made it as the case may be. available to the consumer for the purpose of performing such services, having regard to Warranty on 48. (1) A service provider may impose a warranty on every the circumstances of the supply, and any repaired new or reconditioned part installed during any repair or maintenance specific criteria or conditions agreed between goods. work, and the labour required to install it, for a period of three months the supplier and the consumer before or after the date of installation or such longer period as the supplier during the performance of the services. may specify in writing. (2) If a supplier fails to perform a service in line with the (2) A warranty under this section shall- standards contemplated under subsection (1), the consumer may require the supplier to either- (a) be concurrent with any other deemed, implied or express warranty;

32 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 33 (a) remedy any defect in the quality of the (2) For the purpose of determining whether a person services performed or goods supplied; or has contravened this subsection the High Court shall- (b) refund to the consumer a reasonable portion (a) not have regard for any circumstances that of the price paid for the services performed were not reasonably foreseeable at the time and goods supplied, having regard to the of the alleged contravention; and extent of the failure. (b) have regard to conduct engaged in, or Term 50. (1) A term of a contract including a term that is not set circumstances existing, before the purporting to out in the contract but is incorporated in the contract by another commencement of this section. exclude, restrict or term of the contract shall be void to the extent that the term purports modify the to exclude, restrict or modify, or has the effect of excluding, restricting 53. Without in any way limiting the matters to which the High Consideration contract. or modifying- Court may have regard for the purpose of determining whether a by the High Court. supplier has contravened section 53 the High Court may have regard (a) the application of all or any of the provisions to- of this Part; (a) the relative strengths of the bargaining (b) the exercise of a right conferred by such a positions of the supplier and the consumer; provision; or (b) whether, as a result of conduct engaged in by the supplier, the consumer was required (c) to comply with an implied warranty that to comply with conditions that were not applies to a supply of goods or services. reasonably necessary for the protection of the legitimate interests of the supplier; (2) For the purpose of this section a term of a contract shall not be taken to exclude, restrict or modify the application of this (c) whether the consumer was able to part unless the term does so expressly or it is inconsistent with this understand any documents relating to the supply or possible supply of the goods or part. services; PART IV–PROHIBITED CONDUCT (d) whether any undue influence or pressure was Misleading or 51. (I) A supplier shall not in connection with the supply or deceptive exerted on, or any unfair tactics were used conduct. possible supply of goods or services to a consumer engage in a against, the consumer or a person acting on conduct that is misleading or deceptive or is likely to mislead or behalf of the consumer by the supplier or a deceive. person acting on behalf of the supplier in relation to the supply or possible supply of Unfair 52. (1) A supplier shall not, in connection with the supply or conduct. the goods or services; and possible supply of goods or services to a consumer engage in conduct that is, in all the circumstances, unfair.

34 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 35 (e) the amount for which, and the circumstances (h) permitting the supplier unilaterally to under which, the consumer could have determine whether the contract had been acquired identical or equivalent goods or breached or to interpret its meaning; services from a person other than the supplier. (i) limiting the supplier’s vicarious liability for its agents; Supplier not 54. A supplier shall not use a term in a contract that the High (j) permitting the supplier to assign the contract to use unfair Court has declared to be unfair. terms. to the consumer’s detriment without the consumer’s consent; Unfair terms 55. A term in a consumer contract shall be regarded as unfair if in a consumer in all the circumstances, it causes a significant imbalance in the parties contract. (k) limiting the consumer’s right to sue the rights and obligations arising under the contract to the detriment of supplier or limiting the evidence the consumer the consumer. can lead in proceedings on the contract; or Assessment of 56. Without prejudice to section 55, in determining whether a (I) imposing the evidential burden on the unfair terms. term of a consumer contract is unfair, the High Court may take into consumer in proceedings on the contract. account whether the term has the object or effect of- 57. (1) An unfair term in a consumer contract shall be void. Effect of (a) permitting the supplier but not the consumer unfair terms. to avoid or limit performance of the contract; (2) Notwithstanding sub-section (1) the contract shall continue to bind the parties if it is capable of existing without the (b) permitting the supplier but not the consumer unfair term or the prescribed unfair term. to terminate the contract; 58. (1) The Commission may apply to the High Court for an Injunctions to (c) penalising the supplier but not the consumer injunction against any supplier who, in the Commission’s opinion, is prevent continued use for a breach or termination of the contract; using, or recommending the use of an unfair term in consumer of unfair contracts. terms. (d) permitting the supplier but not the consumer to vary the terms of the contract; (2) The High Court, if it is satisfied that, in all the circumstances, it is just and convenient to do so, may by order grant (e) permitting the supplier but not the consumer to renew or not to renew the contract; an injunction under this section on such terms as it considers appropriate. (f) permitting the supplier to determine the price without the right of the consumer to terminate (3) An injunction may relate not only to the use of a the contract; particular term in a consumer contract but to any similar term or to a term having like effect, used or recommended for use by any person. (g) permitting the supplier unilaterally to vary the characteristics of the goods or services to be supplied under the contract;

36 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 37 Commission 59. (1) The Commission may exercise the powers conferred 61. A supplier in connection with the supply or possible supply False or may require the supply of by this section for the purposes of- of goods or services or in connection with the promotion by any misleading representation information. means of the supply or use of goods or services, shall not make a about goods (a) facilitating the Commission’s consideration false or misleading representation- or services. of whether a term in a consumer contract is an unfair term; or (a) the goods are of a particular standard, quality, value, grade, composition, style or (b) ascertaining whether a supplier has complied model or have had a particular history or with a court order as to the continued use, or particular previous use; recommendation for use of a term in a consumer contract. (b) the services are of a particular standard, quality, value or grade; (2) The Commission may, by notice in writing, require a supplier to supply to the Commission- (c) that a particular person has agreed to acquire (a) a copy of any contract that is the subject of goods or services; the Commission’s considerations in subsection (I); (d) concerning a testimonial by any person relating to goods or services; (b) information about the use or recommendation for use by that supplier of any contractual (e) that goods or services have sponsorship, term in dealings with consumers. approval, performance characteristics, accessories, uses or benefits; (3) The notice referred to in subsection (2) may be varied or revoked by the Commission by a subsequent notice in writing. (f) with respect to the price of goods or services; (4) A supplier to whom the notice is addressed shall comply with the notice within 14 days of receiving it. (g) concerning the availability of facilities for the repair of goods or of spare parts for goods; (5) A supplier shall not, without reasonable excuse, refuse or fail to comply with a requirement of the Commission under this (h) concerning the place of origin of goods; section within the required time. (i) concerning the need for any goods or Declaration 60. The Commission may apply to the High Court for an order services; by the High declaring that a term of a consumer contract is an unfair terrm. Court. (j) concerning the existence, exclusion or effect (2) The High Court may make a declaration in relation to a of any condition, warranty, guarantee, right matter under subsection (I) or any related matter. or remedy; or

38 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 39 (k) concerning a requirement to pay for a (4) Subsection (2) shall not apply to an offer that the contractual right. person makes to another person if- Offering 62. (1) A supplier shall not offer any rebate, gift, prize or (a) the person offers to the other person a rebates, gifts, prizes or other free item with the intention of not providing it, or of not different rebate, gift, prize or other free item other free providing it as offered, in connection with- as a replacement; and items. (a) the supply or possible supply of goods or (b) the other person agrees to receive the services; different rebate, gift, prize or other free item. (b) the promotion by any means of the supply or 63. (1) A supplier shall not advertise goods or services for Bait use of goods or services. supply at a specified price if- adventure. (2) If a person offers any rebate, gift, prize or other free (a) there are reasonable grounds for believing item in connection with- that the person will not be able to supply those goods or services at that price for a (a) the supply or possible supply of goods or period that is, and in quantities that are, services; or reasonable having regard to- (b) the promotion by any means of the supply or (i) the nature of the market in which the use of goods or services person carries on business; the person shall within the time specified in the offer or (if no such (ii) the nature of the advertisement; and time is specified) within a reasonable time after making the offer, provide the rebate, gift, prize or other free item in accordance with (b) the person is aware or ought reasonably to the offer. be aware of those grounds. (3) Subsection (2) shall not apply if- (2) A supplier who advertises goods or services for supply at a specified price shall offer such goods or services for (a) the person’s failure to provide the rebate, gift, supply at that price from a period that is, and in quantities that are, prize or other free item in accordance with reasonable having regard to- the offer was due to the act or omission of another person, or to some other cause (a) the nature of the market in which the person beyond the person’s control; and carries on business; and (b) the person took reasonable precautions and (b) the nature of the advertisement. exercised due diligence to avoid the failure.

40 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 41 Wrongly 64. (1) A supplier shall not accept payment or other (a) within the period specified by or on behalf of accepting consideration for goods or services if, at the time of the acceptance, payment. the supplier at or before the time the payment the person intends not to supply the goods or services. or other consideration was accepted; or (2) A supplier who accepts payment or other consideration for goods or services if at the time of the acceptance, (b) within a reasonable time if no period is the person intends to supply goods or services materially different specified. from the goods or services in respect of which the payment or other consideration is accepted. (5) Subsection (4) shall not apply if- (3) A supplier who accepts payment or other consideration for goods or services if, at the time of the acceptance- (a) the supplier’s failure to supply all the goods or services within the period, or within a (a) there are reasonable grounds for believing reasonable time, was due to the act or that the supplier will not be able to supply omission of another person, or to some other the goods or services- cause beyond the supplier’s control; and (i) within the period specified by or on behalf of the supplier at or before the (b) the supplier took reasonable precautions and time the payment or other consideration exercised due diligence to avoid the failure. was accepted; or (6) Subsection (4) shall not apply if- the supplier offers (ii) if no period is specified at or before that to supply different goods or services as a replacement to the time, within a reasonable time; and consumer to whom the original supply was to be made; and the (b) the supplier is aware or ought reasonably to consumer agrees to receive the different goods or services. be aware of those grounds (7) Subsections (1), (2), (3) and (4) shall apply whether or is in contravention of this section and thereby commits an offence not the payment or other consideration that the supplier accepted and shall be liable on conviction to a fine not less than twice the represents the whole or a part of the payment or other consideration value of the money or consideration received or to a term of for the supply of the goods or services. imprisonment of 3 years or to both fine and imprisonment. (4) A supplier who accepts payment or other 65. (I) A supplier shall not assert a right to payment from a Assertion of consideration for goods or services shall supply all the goods or right to consumer for unsolicited goods or services unless he has reasonable payment for services- cause to believe that there is a right to the payment. unsolicited goods or services.

42 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 43 (2) A supplier shall not send to another person an invoice (b) otherwise assisting the person to supply or other document that-states the amount of a payment, or sets out goods or services to other consumers if the charge, for supplying unsolicited goods or unsolicited services receipt of the rebate, commission or other unless he has reasonable cause to believe that there is a right to the benefit is contingent on an event occurring payment or charge. after that contract is made. 69. A person shall not use physical force, harassment or Harassment (3) In a proceeding against a supplier in relation to and coercion. coercion, in connection with- contravention of this section, the supplier shall bear the onus of proving that the person had reasonable cause to believe that there (a) the supply or possible supply of goods or was a right to the payment or charge. services; or Pyramid 66. (1) A person shall not establish, promote or take any (b) the payment for goods or services. selling. part in a pyramid selling scheme. 70. (1) A supplier shall not supply, or offer to or advertise to General safety supply, any goods or services which are unsafe. requirement (2) A person shall not induce another person to establish, for goods. promote or take any part in a pyramid selling scheme. (2) An unsafe good or service shall be one that under normal or reasonably foreseeable conditions of use including duration presents unacceptable risks to the health and safety of consumers. (3) This section shall not apply to a scheme for the supply of goods or services if any payment made or other benefit provided (3) In determining whether a good or service is unsafe, for the goods or services supplied under the scheme bears a the following shall be taken into account:- reasonable relationship to the value of those goods or services. (a) the characteristics of the goods or services, Multiple 67. Where goods have more than one displayed price, it shall including composition, packaging, instruc- pricing. be an offence for a supply to take place for a price that is not the tions for use; lower, or lowest, of the displayed prices. (b) the effect of the goods or services on other Referral 68. A supplier shall not induce a consumer to acquire goods or goods or services where it is reasonably selling. services by representing that the consumer will, after the contract for foreseeable that they will be used with other the acquisition of the goods or services is made, receive a rebate, goods or services; commission or other benefit in return for- (c) the presentation of the goods or services and information supplied about use of the goods (a) giving the person the names of prospective or services; customers; or

44 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 45 (d) the categories of consumers at risk when (i) the characteristics of the prohibited using the goods or services, in particular goods or services which render them children and the elderly. unsafe; (4) The feasibility of obtaining higher levels of safety or (ii) the circumstances in which use of the prohibited goods or services are unsafe; the availability of other goods or services presenting a lesser degree of risk shall not constitute grounds for considering goods or services (iii) any other matter relating to the to be unsafe. prohibited goods or services or the use of the prohibited goods or services as Prohibition

71 (1) The Minister shall on the recommendation of the may be specified; against unsafe goods. Commission by order declare any goods or any class of goods to be prohibited goods where the goods or goods of that class have caused (e) repair or replace the prohibited goods or or are likely to cause injury to any person or property or are otherwise services; unsafe. (f) refund to any consumer to whom the (2) The Minister shall on the recommendation of the prohibited goods or services were supplied the price paid or the value of the Commission by order declare any services or any class of services to consideration given for the prohibited goods be prohibited services where the services or services of that class or services or any lesser amount as may be have caused or are likely to cause injury to any person or property or acceptable by the consumer having regard are otherwise unsafe. to the use of the prohibited goods or services. (3) An order made under subsections (I) or (2) may require the supplier, in such manner and within such period as may be (4) Where an order under subsections (1) or (2) is in force, specified in the order, and at the supplier’s own expense, to do any or a supplier shall not- all of the following- (a) supply or offer to supply or advertise to (a) recall the prohibited goods or services; supply, any prohibited goods or services; and (b) stop the supply of, or the offer to supply, the (b) or has the characteristic the notice identifies prohibited goods or services; as a defect or an unsafe characteristic of, the prohibited goods or services; or (c) stop the advertisement of the prohibited goods or services; (c) in any other case, supply goods or services of a kind to which the order relates. (d) disclose to the public any information relating to-

46 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 47 (5) A person shall not import any goods or services or any (i) the injuries; or class of goods or services which do not comply with this section. (ii) if the individual dies because of the Liability for 72. (1) A producer of goods shall be liable to compensate an injuries; and loss or individual if- damage suffered by an (e) the loss or damage does not come about injured (a) the producer supplies the goods in trade or commerce; because of a business or professional individual. relationship between the person and the (b) the goods have a safety defect; and individual. (c) the individual suffers injuries because of the (2) A person referred in subsection (1), may recover, by safety defect. action against the producer, the amount of loss or damage suffered by the person. (2) The individual may recover the amount of the loss or damages he suffered, by bringing in an action against the (3) Where goods have been imported into Sierra Leone manufacturer. and the manufacturer of the goods at the time of importation does (3) Where goods have been imported into Sierra Leone not have a place of busiess in Sierra Leone, the importer of the goods and the manufacturer of the goods at the time of importation does shall be considered to be the producer under subsections (1) and (2). not have a place of business in Sierra Leone, the importer of the goods shall be considered to be the producer under subsections (1) (4 ) Where the individual dies because of the injuries and (2). associated with defective goods the producer or importer of the goods shall be liable to pay compensation. (4) Where an individual dies because of the injuries associated with a defective good the producer or importer of the 74. (1) In a defective goods action, it shall be a defence if it is Defence to good shall be liable to pay compensation to be determined by the established that- defective court. goods actions. (a) the safety defect in the goods that is alleged Liability for 73. (I) A producer of goods shall be liable to compensate a to have caused the loss or damage did not loss or person if- damage exist at the time when the goods supplied by suffered by a their actual producer or importer; person other (a) the producer supplies the goods in trade or than an commerce; (b) the goods had that safety defect only injured individual. (b) the goods have a safety defect; because there was compliance with a mandatory standard for them; (c) an individual other than the person suffers injuries because of the safety defect; and (c) the state of scientific or technical knowledge at the time when the goods were supplied by (d) the person suffers loss or damage because their producers or importer was not such as of- to enable that safety defect to be discovered;

48 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 49 (d) the goods that had safety defect were (2) The Commission may, only make the application if it amongst a particular sets of other goods and has obtained the written consent of the person, or each of the persons, the safety defects are attributed to- on whose behalf the application is being made. (i) the design of the other goods; 78. (1) The Minister in consultation with the Standards Making Bureau and other Statutory bodies may by notice published in the information standards for (ii) the marketings on or accompanying the Gazette make an information standard for one or both of the following:- goods and other goods ;or; services. (a) goods of a particular kind; (iii) the instructions or warnings given by the producer of the other goods. (b) services of a particular kind. Time for 75. (1) Subject to subsection (2), a person may commence a (2) Without prejudice to subsection (1), an information commencing defective defective goods action at any time within six months after the time standard for goods or services of a particular kind may- goods and the person became aware, or ought reasonably to have become aware, services of all of the following:- (a) make provision in relation to the content of actions. information about goods or services of that (a) the alleged loss or damage; kind; (b) the safety defect of the goods; (c) the identity of the person who produced (b) require the provision of specified information or imported the goods. about goods or services of that kind; (2) A defective goods action shall commence within 6 years of (c) provide for the manner or form in which such the supply by the producer or importer of the goods to which the information is to be provided; action relates. (d) provide that such information is not to be (3) A person may commence an unsactifactory service action provided in a spccifled manner or form; at any time within a year after the time the person become aware or aught reasonably to have become aware of all of the following. (e) provide that information of a specified kind is not to be provided about goods or services (a) an unsactifactory performance of of that kind; or service (f) assign a meaning to specified information (b) identity of the person who performed about goods or services. the service Liability joint 76. If two or more persons are liable under this Act for the 79. A supplier shall not supply goods or services of a Supplying and several. goods that do same loss or damage, they shall be jointly and severally liable particular kind if- not comply with in- Representative 77. (1) The Commission may, by application, commence a (a) an information standard for goods or services formation actions by the of that kind is in force; and standards. Commission. defective goods action on behalf of one or more persons indentified in the application who have suffered the loss or damage in relation to which the action is commenced. (b) the person has not complied with that standard.

50 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 51 Supplier to 80. (1) If requested to do so, a supplier who supplies goods PART V– INVESTIGATIONS provide proof or services to a consumer shall provide proof of the transaction as of 83. (1) The Commission may, by notice in writing, require a Power to transaction. soon as practicable after the goods or services have been supplied person who is believed to be capable of providing information or obtain (2) For the purpose of this section proof of a transaction producing documents that may assist the Commission in monitoring information and includes details of the particular goods or services supplied, the compliance with this Act or regulations made under it- document name of the supplier, the date of the supply and the terms and conditions of the supply, including the price. (a) to provide to the Commission, by writing (3) In relation to services, a consumer shall be entitled to signed by that person or, in the case of a be given an itemised bill before having to make payment. body corporate, by a competent officer of the body corporate, within the time and in (4) An itemised bill shall indicate the labour component the manner specified in the notice, that of the work performed and the cost of materials used. information; (b) to produce to the Commission, or to a person Voluntary 81. (I) The Commission may promote industry associations specified in the notice acting on the codes of to adopt codes of conduct which aim to raise trading standards above Commission’s behalf, in accordance with the conduct. the minimum levels required by this Act and any other relevant notice, those documents; or enactment. (2) The Commission may give endorsement to voluntary (c) to appear before a member of the Commission industry association codes of conduct where the Commission is of at a time and place specified in the notice to the view that these codes of conduct are consistent with the long give that information, either orally or in term interests of consumers. writing, and produce those documents. (2) A person shall not- (3) The Commission may remove its endorsement of a code of conduct if the Commission forms the view that the code is (a) refuse or fail to comply with a notice under not operating in the long term interests of consumers. this section to the extent that the person is capable of complying with it in purported Public 82. The Commission may issue to the public a written notice compliance with a notice under this section; warning containing a warning about the conduct of a person if the Commission- notice (b) knowingly provide information or give (a) has reasonable grounds to suspect that the evidence that is false or misleading; or conduct may constitute a contravention of a provision of this Act and regulations; (c) obstruct or hinder the Commission in (b) is satisfied that one or more other person has exercising a power under this section. suffered, or is likely to suffer, detriment as a result of the conduct; and (3) Subject to subsection (4), a person shall not be excused from answering a question, providing information or (c) is satisfied that it is in the public interest to producing or permitting the inspection of a document on the ground issue the notice. that the answer, information or document may tend to incriminate the person.

52 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 53 (4) Notwithstanding subsection (3), the answer by a (a) refuse or fail to comply with a notice under person to any question asked in a notice under this section or the this section to the extent that the person is provision by a person of any information or the production by any capable of complying with it; person of a document in compliance with a notice under this section, is not admissible in evidence against the person in any proceedings (b) knowingly provide information or give other than proceedings under this section. evidence that is false or misleading in (5) If any documents are produced to the Commission purported compliance with a notice under under this section, the Commission may make copies of or take this section; or extracts from the documents and retain possession of those copies and extracts. (c) obstruct or hinder the Commission in Power to 84. (1) If the Commission believes that a person is capable exercising a power ·under this section. obtain information, of providing information, producing documents or giving evidence documents relating to a matter that constitutes, or may constitute, a contravention (4) A person shall not be excused from answering a and evidence. of this Act, the Commission, by notice in writing, may require that question, providing information or producing or permitting the person to- inspection of a document on the ground that the answer, information or document may tend to incriminate the person. (a) provide to the Commission, the information in writing signed by that person or, in the (5) Notwithstanding subsection (4), the answer by a case of a body corporate, by a competent person to any question asked in a notice under this section, or any officer of the body corporate, within the time information given in compliance with the notice, shall not be limit and manner specified in the notice; admissible in evidence against the person- (b) produce to the Commission, or to a person (a) in the case of a person not being a body specified in the notice acting on the corporate in any criminal proceedings other Commission’s behalf, the document in than proceedings under this section; acordance with the notices; or (b) in the case of a body corporate in any criminal (c) appear before a member of the Commission proceedings other than proceedings under at a time and place specified in the notice to this Act. give that evidence, either orally or in writing, and produce the document. 85. Where documents are produced to the Commission under Powers in this Part, the Commission may- relation to documents. (2) The Commission may require the evidence referred to in subsection (1) to be given on oath or affirmation and for that (a) inspect the documents; purpose may administer an oath or affirmation. (b) make copies of or take extracts of the (3) A person shall not- documents; (c) seize the documents if it-

54 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 55 (i) considers the documents necessary for (b) a court makes an order under section 89 obtaining evidence for the purpose of extending the period during which the any proceedings against any person document may be retained. under this Act or the regulations; 88. (1) The Commission may apply to the High Court- Court may extend three (ii) believes on reasonable grounds that it month period. is necessary to seize the documents to (a) within 3 months after seizure of a document prevent their concealment, loss or under this section; or destruction or their use in the (b) if an extension has been granted under this contravention of the Act; section, before the end of the period of the extension, (d) secure any seized documents against interference; for an extension (not exceeding 3 months) of the period for which the Commission may retain the document but so that the total period of ( e) retain possession of the documents in retention does not exceed 12 months. accordance with this Part. (2) A court may order an extension if it is satisfied that- Copies of 86. (1) Where the Commission retains possession of a seized documents. document seized from a person under this Part, the Commission shall (a) it is in the interest of justice; give the person, a copy of the document certified as correct by the Chief Executive Officer within 21 days of the seizure. (b) the total period of retention does not exceed 12 months; (2) A copy of a document certified under subsection (I) shall be received in the High Court to be evidence of equal validity to (c) retention of the document is necessary for the original. the purposes of an investigation into whether Retention a contravention of this Act or regulations 87. (1) Where the Commission seizes a document under this and return of made under the Act has occurred or to enable seized Part, the Chief Executive Officer shall take reasonable steps to return the document to the person from whom it was seized if the reason for evidence of a contravention of this Act or documents. its seizure no longer exists. the regulations to be obtained for the purposes of a proceeding under this Act. (2) If the document seized is not returned within 3 months after it was seized, the Chief Executive Officer shall take (3) A court shall consider the interests of the owner of reasonable steps to return it unless- the document or thing and may adjourn an application to enable notice of the application to be given to any person. (a) proceedings for the purpose for which the document was retained have commenced within that three month period and those 89. (1) The Commission may enter into or approve of, an Informa tion proceedings (including any appeal) have not arrangement with a relevant agency for the purposes of sharing or sharing. been completed; or exchanging information held by the Commission and the relevant agency.

56 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 57 (2) Under an information sharing arrangement, the (4) Where documents are produced to an inspector under Commission and the relevant agency shall be authorised to- an order made under this section the inspector may- (a) inspect the documents or authorise a person (a) request and receive information held by the to inspect the documents; other party to the arrangement; and (b) make copies of or take extracts of the documents; (b) disclose information to the other party, but only to the extent that the information is (c) seize the documents if the inspector reasonably necessary to assist in the exercise considers the documents necessary for the of functions under this Act or the functions purpose of obtaining evidence and for the purpose of any proceedings against any of the relevant agency concerned. person under this Act or the regulations; Inspector to 90. (1) If an inspector believes, on reasonable grounds, that (d) secure any seized documents against seek Court a person may have contravened the Act or regulations made under Order. interference. the Act, the inspector, with the written approval of the Chief Executive Officer, may apply to a court for an order requiring any 91. (I) If an inspector believes on reasonable grounds, that Entry or person at a time and place specified by an inspector to- a person has contravened this Act or regulations made under the search with consent. Act,the inspector shall on the instruction of the Chief Executive Officer (a) answer orally or in writing any questions put with the aid of the Sheriff with the consent of the occupier of the by an inspector in relation to the alleged premises, contravention; (a) enter and search any premises; (b) supply orally or in writing information required by an inspector in relation to the (b) seize anything found on the premises which alleged contravention; the inspector believes on reasonable grounds to be connected with the alleged (c) produce to an inspector specified documents contravention; or documents of a specified class relating to the alleged contravention. (c) examine and take and keep samples of any (2) If the court is satisfied on the basis of evidence goods found on the premises which the presented by the inspector that there are reasonable grounds to inspector believes on reasonable grounds to believe that a person may have contravened this Act or regulations be connected with the alleged contraven- made under the Act, the court may grant the order sought. tion; (3) An order under this section shall state a day, not later than 28 days after the making of the order, on which the order ceases to have effect.

58 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 59 (d) in the case of any document on the premises, (iii) that the occupier may refuse to consent if the inspector believes, on reasonable to the taking of any sample of goods or grounds, that it is connected with the alleged any copy or extract from a document contravention, the inspector may do all or found on the premises during the any of the following:- search; and (i) require the document to be produced (iv) that anything seized or taken during the for examination; search with the consent of the occupier may be used in evidence in proceedings. (ii) examine, make copies or take extracts (3) If an occupier consents to an entry and search, the from the document, or arrange for the inspector shall before entering the premises, ask the occupier to making of copies or taking of extracts sign an acknowledgment stating- to be done on the premises or elsewhare; (a) that the occupier has been informed of the (iii) remove the document for so long as is purpose of the search and that anything reasonably necessary to make copies seized or taken in the search with the consent or take extracts from the document; of the occupier may be used in evidence in proceedings; (e) make any still or moving image or audio- visual recording that the inspector believes, on (b) that the occupier has been informed that he reasonable grounds, is necessary for the may refuse to give consent to the entry and purpose of establishing the alleged search or to the seizure of anything or to the contravention. taking of any sample, copy or extract; (2) An inspector shall not enter and search any premises unless the occupier consents to that entry, and the inspector- (c) that the occupier has consented to such an entry and search; and (a) produces his identity card for inspection; and (d) the date and time that the occupier (b) informes the occupier consented. (i) of the purpose of the search; (4) If an occupier consents to the seizure or taking of items during a search under this section, the inspector shall before (ii) that the occupier may refuse to give seizing or taking the items ask the occupier to sign an acnowledgment consent to the entry and search or to stating- the seizure of anything during the (a) that the occupier has consented to the seizure search; or taking of the items; and (b) the date and time that the occupier consented.

60 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 61 (5) An occupier who signs an acknowledgment shall be (d) examine and take and keep samples of the given a copy of the signed acknowledgment before the inspector goods; leaves the premises. (e) in the case of any document on the premises, (6) If in any proceeding, an acknowledgment is not produced to the Court, it shall be presumed, until the contrary is if the inspector believes on reasonable proved, that the occupier did not consent to the entry and search or grounds that it is necessary to do so, the to the seizure or the taking of the items. inspector may do all or any of the following:- Entry 92. An inspector shall on the instruction of the Chief premises (i) require the document to be produced Executive Officer with the aid of the Sheriff do either or both of the for examination; open to the public. following- (a) enter and inspect any part of a premises (ii) examine, make copies or take extracts which is, at the time of the entry and from the document, or arrange for the inspection, open to the public; making of copies or the taking of extracts to be done on the premises or (b) purchase goods or services at such a elsewhere; premises at such a time and at such a price at which it is available to the public (iii) remove the document for so long as is to purchase. reasonably necessary to make copies Emergency 93. (I) If an inspector believes on reasonable grounds, on or take extracts from the document; entry. the instruction of the Chief Executive Officer with the aid of the Sheriff, that there is evidence of goods being supplied from the premises (iv) make any still or moving image or audio- which are dangerous if used or which are being supplied in visual recording if the inspector contravention of an order published in the Gazette, the inspector believes, on reasonable grounds, that shall with the assistance, if necessary, of another inspector or a it is necessary to do so. member of the police force enter and search the premises at any time. (3) If an inspector finds any goods referred to in (2) If an inspector finds the goods referred to in subsection (1) on the premises during a search (not being goods to subsection (1) on the premises during a search and the inspector is which subsection (2) applies), the inspector may by notice prohibit satisfied that the goods present a threat of imminent injury or death, the removal of the goods from the premises. the inspector may do all or any of the following- (4) The notice referred to under subsection (3) shall be (a) seize the goods; given to the occupier of the premises or the person who has or may reasonably be presumed to have control over the business conducted (b) secure the seized goods against interference; on the premises. (c) require the occupier to remove the goods; (5) A person shall not remove goods from the premises in contravention of a notice under this section.

62 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 63 (6) If an inspector exercises a power of entry under this (d) seize anything found on the premises or section without the owner or occupier being present the inspector secure anything found on the premises shall, on leaving the premises, leave a notice setting out- against interference, if the inspector believes, on reasonable grounds, that it is connected (a) the time of entry; with a contravention of this Act; (b) the purpose of entry; (e) examine and test any equipment found on (c) a description of all things done while on the the premises that is of a kind used in premises; conncction with the supply of goods or (d) the time of departure; and services; (e) the procedure for contacting the Director for (f) in the case of any document on the premises, further details of the entry. do all or any of the following:- Entry 94. (1) For the purpose of monitoring compliance with this without (i) require the document to be produced consent or Act or regulations made under the Act, an order made by the High for examination; warrant. Court or under this Act an inspector shall on the instruction of the Chief Executive Officer with the aid of the Sheriff, subject to (ii) examine, make copies or take extracts subsection (2)- from the document, or arrange for the making of copies or the taking of (a) enter and search any premises at which the extracts to be done on the premises or inspector believes, on reasonable grounds- elsewhere; (i) a person is conducting a business or (iii) remove the document for. so long as is supplying goods or services; or reasonably necessary to make copies or take extracts from the document; (ii) a person is keeping a record or document that is required to be kept by (g) make any still or moving image or audio- this Act or that may show whether or visual recording; not this Act or regulations made under it are being complied with; (h) bring any equipment onto the premises that the inspector believes, on reasonable (b) examine anything found on the premises; grounds, is necessary for the examination or processing of things (including documents) (c) take and keep samples of anything found on found at the premises in order to determine the premises if the inspector believes, on whether they are things that may be seized reasonable grounds, that it is connected with under this section. a contravention of this Act;

64 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 65 (2) An inspector shall not exercise a power under this section- (a) to enter the premises specified in the warrant, if necessary by force; and (a) in any part of the premises that is used for residential purposes; and (b) to do all or any of the following:- (b) except between the hours of 9:00 am and (i) search for; 5:00 pm, or when the premises are open for business. (ii) seize; (3) If an inspector exercises a power of entry under this (iii) secure against interference; section without the owner or occupier being present the inspector shall, on leaving the premises, leave a notice setting out- (iv) examine, inspect and take and keep samples of a thing or things of a parti- (a) the time of entry; cular kind named or described in the warrant and which the inspector (b) the purpose of entry; believes, on reasonable grounds, to be connected with the alleged contraven- (c) a description of things done while on the tion; premises (c) in the case of any document of a particular (d) the time of departure; and kind, named or described in the warrant, if (e) the procedure for contacting the Chief the inspector believes, on reasonable Executive Officer for further details of the grounds, that it is connected with the alleged entry. contravention, the inspector may do all or any of the following:- Search 95. (1) An inspector, with the written approval of the Chief warrants. Executive Officer, may apply to a Magistrate for the issue of a search (i) require the document to be produced warrant in relation to particular premises, if the inspector believes on for inspection; reasonable grounds that there is on the premises evidence that a person or persons may have contravened this Act. (ii) examine, make copies or take extracts from the document, or arrange for the (2) If a Magistrate is satisfied, by the evidence of the making of copies or the taking of inspector, on oath or by affidavit, that there are reasonable grounds extracts to be done on the premises or to believe that there is a thing or things of a particular kind connected elsewhere; with a contravention of this Act or regulations made under the Act on any premises, the Magistrate may issue a search warrant (iii) remove the document for so long as is authorising an inspector named in the warrant, together with any reasonably necessary to make copies other person named or otherwise identified in the warrant and with or take extracts from the document; and any necessary equipment-

66 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 67 (d) make any still or moving image or audio- (b) that the effective execution of the search visual recording of anything of a particular warrant is not frustrated. kind, named or described in the warrant, that the inspector believes, on reasonable 97. (I) lf the occupier is present at premises where a search Details of warrant is being executed, the inspector shall- warrants to grounds, to be connected with the alleged be given contravention. occupier. (a) identify himself to the occupier; and (2) A search warrant issued under this section shall state- (b) give to the occupier a copy of the warrant. (a) the purpose for which the search is required and the nature of the alleged contravention; (2) lf the occupier is not present at premises where a search warrant is being executed, the inspector shall- (b) any conditions to which the warrant is subject; (a) identify himself to a person at the premises; and (c) whether entry is authorised to be made at any time of the day or night or during stated (b) give to the person a copy of the warrant. hours of the day or night; and 98. A search warrant shall authorise an inspector executing Seizure of (d) a day, not later than 28 days after the issue of the search warrant to seize any thing of the kind described in the things not mentioned in the warrant, on which the warrant ceases to warrant and also to seize or take a sample of anything which is not of the warrant. have effect. the kind described in the warrant if- Announcement 96. (1) In executing a search warrant, the inspector shall- (a) the inspector believes, on reasonable before entry. grounds, that the thing- (a) announce that he is authorised by the warrant to enter the premises; and (i) is of a kind which could have been (b) give any person at the premises an included in a search warrant issued opportunity to allow entry to the premises if under this section; or the inspector has been unable to obtain unforced entry. (ii) will afford evidence about the (2) An inspector shall not comply with subsection (1) if he contravention of the Act; and believes, on reasonable grounds that immediate entry to the premises is required to ensure- (b) in the case of seizure, the inspector believes, on reasonable grounds, that it is necessary (a) the safety of any person; or to seize that thing in order to prevent its concealment, loss or destruction or its use in the contravention of this Act.

68 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 69 Copies of 99. (1) If an inspector retains possession of a document (a) within three months after seizing a document sized documents. seized from a person under this Part, the inspector shall give the or other thing under this Part; or person, within 21 days of the seizure, a copy of the document certified as correct by the inspector. (b) if an extension has been granted under this section, before the end of the period of the extension- (2) A copy of a document certified under subsection (I) shall be received in all courts to be evidence of equal validity to the for an extension not exceeding 3 months of the period for which the original. inspector may retain the document or thing but so that the total period of retention does not exceed 12 months. Retention and 100. (1) If an inspector seizes a document or other thing under return of this Part, the inspector shall take reasonable steps to return the (2) The High Court may order such an extension if it is seized documents or document or thing to the person from whom it was seized if the satisfied that- things. reason for its seizure no longer exists. (a) it is in the interests of justice; (2) If the document or thing seized has not been returned (b) the total period of retention does not exceed within three months after it was seized, the inspector shall take 12 months; and reasonable steps to return it unless- (c) retention of the document or other thing is (a) proceedings for the purpose for which the necessary- document or thing was retained have commenced within that three month period (i) for the purposes of an investigation into and those proceedings (including any appeal) whether a contravention of the Act has have not been completed; occurred; or (b) the Court makes an order under section 102 (ii) to enable evidence of a contravention extending the period during which the of the Act to be obtained for the document or thing may be retained; or purposes of a proceeding under the Act. (c) the Court makes an order permitting the (3) At least seven days prior to the hearing of an application destruction of the thing. under this section, notice of the application shall be sent to the owner of the document or thing described in the application. (3) This section shall not apply to a sample taken by an inspector in the exercise of a power under this Part. 102. An occupier of a premises or an agent or employee of the Requirement to assist occupier shall reasonably assist an inspector exercising his power of inspector Court may 101. (1) An inspector may apply to a court- extend three entering and shall- during entry. months period.

70 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 71 (a) give information to the inspector orally or 106. A person who is not an inspector shall not hold himself to Offence to impersonate in writing; be one. inspector. (b) produce documents to the inspector. 107. (1) If an inspector exercises a power of entry under this Entry to be Part, the inspector shall report the exercise of the power to the Chief reported to the chief Protection 103. (1) It shall be a reasonable excuse for an individual to Executive Officer within 7 days after the entry. Executive against self- refuse or fail to give information or do any other thing that the Officer. incrimination. (2) The report shall include all relevant details of the entry person is required to do by or under this Part, if the giving of the including particulars of- information or the doing of that other thing would tend to incriminate the person. (a) the time and place of the entry; (2) Notwithstanding subsection (1), it shall not be a (b) the purpose of the entry; reasonable excuse for an individual to refuse or fail to produce a document that the person is required to produce by or under this (c) the things done while on the premises, including details of things seized, samples Part, if the production of the document would tend to incriminate taken, copies made and extracts taken; and the person. (d) the time of departure from the premises. Offence of 104. A person shall not- giving false or misleading information. (a) give information to an inspector under this 108. The Chief Executive Officer shall keep a register containing Register of exercise of Part that he believes to be false or the particulars of all matters reported to the Chief Executive Officer powers of misleading in any material particular; or entry. under section 107. (b) produce a document to an inspector under 109. (I) Any person may complain to the Chief Executive Complaints this Part that he knows to be false or misleading in a material particular without Officer about the exercise of a power by an inspector under this part. indicating the respect in which it is false or misleading and, if practicable, providing (2) The Chief Executive Officer shall- correct information. Offence to (a) investigate any complaint made to the 105. A person shall not hinder or obstruct an inspector who is hinder or Chief Executive Officer; and obstruct exercising a power under this Act unless he has reasonable excuse inspector. to do so. (b) provide a written report to the complainant on the results of the investigation.

72 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 73 Cofidentiality. 110. (1) An inspector shall not give to another person any (b) give information or produce documents to information he acquires in carring out his functions whether directly the Commission that could be capable of substantiating- or indirectly unless it is necessary inorder to carry out the inspector’s functions under this part. (i) the quantities in which and the period for which; (2) Subsection (1) shall not apply to the giving of information- (ii) the person or other person is or will be able to make such a supply- (a) to a court in the course of legal proceedings; (c) give information or produce documents to (b) pursuant to an order of a court; the Commission that are of a kind specified in the notice within 21 days after the notice (c) to the extent reasonably required to is given to the person who made the claim or enable the investigation or the enforcement of the Act; representation. (3) The notice shall- (d) with the written authority of the Chief (a) name the person to whom it is given; and Executive Officer; or (b) specify the claim or representation to which (e) with the written authority of the person it relates. to whom the information relates. (4) The notice may relate to more than one claim or Commission 111. (1) This section shall apply to a person who has made a may require representation that the person has made. claims to be claim or representation promoting, or apparently intended to promote substantiated. the supply, or possible supply, of goods or services by the person or 112. (1) A person who is given a substantiation notice shall Compliance with another person. comply within the compliance period. substantiation. notices (2) The Commission may give the person who made the (2) Notwithstanding subsection (1), an individual may claim or representation a written notice that requires the person to do refuse or fail to give particular information or produce a particular one or more of the following- document in compliance with a substantiation notice on the ground (a) give information or produce documents to that the information or production of the document might tend to the Commission that could be capable of incriminate the individual or to expose the individual to a penalty. substantiating or supporting the claim or representation;

74 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 75 PART VI – ENFORCEMENT AND REMEDIES 115. (1) If a matter has been investigated by the Commission, Consent orders. and the Commission and the respondent agree to the proposed terms Outcome of 113. After concluding an investigation into a complaint, the of an appropriate order, the High Court, without hearing any evidence, investigation. Commission may respond as it considers appropriate or- may confirm that agreement as a consent order. (a) take no further action; (2) After hearing a motion for a consent order, the High (b) propose a draft consent order in terms of Court shall– section 115; (a) make an order as agreed to and proposed by (c) issue a compliance notice in terms of the Commission and the respondent; section 116; (b) indicate any changes that shall be made in (d) refer the matter to the High Court; the draft order before it will make the order; or (e) refer the matter for prosecution. (c) refuse to make the order. Referral to 114. (1) If the Commission issues a notice action response to Court. a complaint, other than on the grounds contemplated in section 23, (3) With the consent of a complainant, a consent order or determines to take no further action in relation to a complaint confirmed in under subsection (1) may include an award of damages following an investigation, the complainant concerned may refer the to the complainant. matter directly to the High Court. (2) If a matter is referred directly to the High Court the 116. (1) Subject to subsection (2), the Commission may issue Compliance notices. respondent may apply to the High Court, in the prescribed manner a compliance notice in the prescribed form to a person whom the and form and within the prescribed time, for an order that the matter Commission, on reasonable grounds, believes has engaged in be referred to the Court. conduct that contravenes this Act. (3) A referral to the High Court whether by the (2) A compliance notice shall set out- Commission or by a complainant in terms of subsection (1), shall be in the prescribed form. (a) the name of the person to whom the notice applies; (4) The High Court shall conduct a hearing into any (b) the provision of the Act that have not been matter referred to it under this Part; and may make any applicable complied with; order set out in this Act. (c) details of the nature and extent of the non compliance;

76 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 77 (d) any steps that are required to be taken and (a) 15 business days after receiving that notice; the period within which those steps shall be or taken; and (e) any penalty that may be imposed in terms of (b) such longer period as may be allowed by the the Act if those steps are not taken. High Court on good cause shown. (3) A compliance notice issued under this section shall (2) After considering any representations by the applicant remain in force until- and any other relevant information, the High Court may confirm, modify or cancel all or part of a notice. (a) it is set aside by the High Court upon a review; or (3) If the High Court confirms or modifies all or part of a notice, the applicant shall comply with that notice as confirmed or (b) the Commission issues a compliance modified, within the time period specified in it. certificate contemplated in subsection (4). 118. (1) The High Court may consider an application from a Action against (4) If the requirements of a compliance notice have been consumer or a consumer’s representative against a supplier for failure suppliers for satisfied the Commission shall issue a compliance certificate. to comply with an implied warranty provision or provisions in Part IV. n on - compliance with warran- (5) If a person to whom a compliance notice has been (2) The Commission may make an application to the High ties. issued fails to comply with the notice, the Commission may either- Court on behalf of a consumer against a supplier for failure to comply with an implied warranty provision or provisions when it considers (a) apply to the Court for the imposition of an there are public interest grounds for doing so. administrative fine or other order; or (3) The High Court may impose an administrative fine (b) refer the matter for prosecution as an fornon-compliance with Part IV and impose orders that are consided offence, but may not do both in respect of sappropriate in the circumstances. any particular compliance notice. 119. (1) The High Court may grant an injunction, in such terms Injunctions. Objection to notice. 117. (1) Any person issued with a notice under section 116 as it considers appropriate, if it is satisfied that a person has engaged, may apply to the High Court in the prescribed manner and form to or is proposing to engage in conduct that constitutes or would review that notice within- constitute a breach of the Act or regulations made under it.

78 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 79 (2) The High Court may grant the injunction on (a) an order directing the person to perform a application by the Commission or any other person. service that is specified in the order, and that relates to the conduct, for the benefit of the (3) Without prejudice to subsection (1), the High Court community or a section of the community; may grant an injunction- (b) an order for the purpose of ensuring that the (a) restraining a supplier from engaging in unfair person does not engage in the conduct, supplier conduct; similar conduct, or related conduct, during (b) restraining a supplier from supplying goods the period of the order (which must not be or services- longer than 3 years) including- (i) for a specified period; or (i) an order directing the person to establish a compliance program for (ii) except on specified terms and con- employees or other persons involved ditions. in the person’s business, being a program designed to ensure their (4) Without limiting subsection (1), the High Court may awareness of the responsibilities and grant an injunction requiring a supplier to do any of the following- obligations in relation to such conduct; (a) refund money; (ii) an order directing the person to (b) transfer property; establish an education and training (c) honour a promise; program for employees or other persons (d) destroy or dispose of goods. involved in the person’s business, being a program designed to ensure their Interim 120. If an application is made under section 119, the High Court awareness of the responsibilities and injunction. may, if it considers it is desirable to do so, grant an interim injunction obligations in relation o such conduct; under this section pending the determination of the application. and High Court 121. The High Court may, on application of the Commission, (iii) an order directing the person to revise orders. make one or more of the following orders in relation to a person who the internal operations of the person’s has engaged in conduct that contravenes a provision of this Act or business which led to the person constitutes an involvement in a contravention of such a provision-

80 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 81 engaging in such conduct; (b) the disqualification is justified. (c) an order requiring the person to disclose, in (2) In determining whether the disqualification is the way and to the persons specified in the justified under subsection (1), the High Court may have regard to- order, such information as is so specified, being information that the person has (a) the person’s conduct in relation to the possession of or access to; management, business or property of any corporation; and (d) an order requiring the person to publish, at the person’s expense and in the way specified (b) any other matters that it considers in the order, an advertisement in the terms appropriate. specified in, or determined in accordance with, the order: 123. (1) Where a person, in contravention of this Act, has Orders to redress loss or caused or is likely to cause a class of persons who are non-party damage (i) to disclose, in the way and to the consumers, to suffer loss or damage, the High Court may, on suffered by non-party persons specified in the order, such application by the Commission, make such order or orders, other consumers. information as is so specified, being than the award of damages, against that person, as the High Court information that the person has may consider appropiate. possession of or access to; and (2) An order under subsection (1) may be made against (ii) to publish, at the person’s expense and the person who engaged in the contravening conduct, or a person in the way specified in the order, an involved in that conduct. advertisement in the terms specified in, (3) The order shall be an order that the High Court or determined in accordance with, the considers will redress, in whole or in part, the loss or damage suffered order. by the non-party consumers in relation to the contravening conduct Disqualifying or declared term. 122. (1) The High Court may, on application of the orders. Commission, make an order disqualifying a person from managing (4) An application under subsection (1) may be made at corporations for a period that the High Court considers appropriate if the High Court is satisfied that- any time within 6 years after the day on which the cause of action that relates to the contravening conduct accrued. (a) the person has contravened, has attempted to contravene or has been involved in a contravention of any of the provisions of the Act; and

82 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 83 (5) In determining whether to make an order under 125. A prosecution for an offence against a provision of this Prosecutions to be subsection (2) against a person, the High Court may have regard to Act or regulations made under it may be commenced at any time commenced the conduct of the person, and of the non-party consumers in relation within 3 years after the commission of the offence. within 3 years. to the contravening conduct, since the contravention occurred. 126. (1) If a body corporate contravenes or commits an offence Contravention by bodies (6) In determining whether to make an order under against any provision of this Act or regulations made under it, each corpora te. subsection (2), the High Court need not make a finding about which officer of the body corporate is deemed to have contravened the persons are non-party consumers in relation to the contravening same provision if the office knowingly authorised or permitted the conduct or declared term. contravention. (7) A non-party consumer shall be bound by an order (2) A person may be proceeded against and, in the case made under subsection (2) against a person if- of an offence, convicted under a provision of this Act or regulations (a) the loss or damage suffered, or likely to be in accordance with subsection (1) whether or not the body corporate suffered, by the non-party consumer in has been proceeded against under that provision. relation to the contravening conduct, or the declared term, to which the order relates has 127. An officer, employee or agent who within the scope of his Conduct by been redressed, prevented or reduced in officers, accordance with the order; and duties engages in a conduct on behalf of a body corporate shall be employees or agents. deemed to be engaged by the body corporate. (b) the non-party consumer has accepted the redress, prevention or reduction of the 128. A person shall not aid, abet, counsel or procure another Offence to aid abet in a damage. person to contravene a provision of this Act. contravention. Who can 124. (1) Proceedings for an offence against this Act or bring 129. A person shall not induce or attempt to induce, whether by Offences to proceedings regulations made under it may only be brought by the Commission induce a for offences. threats, promises or otherwise any other person to contravene a contravention. or a person authorised by the Commission for the purposes of this section. provision of this Act. (2) This section shall not apply to proceedings for an 130. Criminal proceedings shall not lie against a person in relation Criminal proceedings indictable offence. to contraventions of the general prohibitions contained in Part V. not to be bro- ught for con- travention of the general prohibitions.

84 No. 7 Consumer Protection Act 2020 No. 7 Consumer Protection Act 2020 85 Reasonable mistake of 131. In a prosecution for a contravention of this Act or (a) it is appropriate to impose a fine on a person fa ct. regulations made under it the High Court may have regard to whether in relation to a contravention of this Act or the defendant proves that the contravention was caused by a regulations made under it; and reasonable mistake of fact. (b) it is appropriate to order the defendant to Findings in 132. In a proceeding against a person under this part a finding pay compensation to a person who has proceedings to be evidence of fact by a Court that a person has contravened, or to have been suffered loss or damage as result of that involved in a contravention of, a provision of this Act shall be contravention or conduct; and evidence of that fact and the finding may be proved by production of a document under the seal of the court from which the finding appears. (c) the defendant does not have sufficient financial resources to pay both the fine and Actions for 133. (1) A person who suffers loss, injury or damage because the compensation – damages. of a contravention of this Act or regulatios made under it may recover the amount of the loss, damage or damages in respect of the the Court shall give preference to making an order for compensation. injury by proceeding against any person who contravened the Act or regulations or was involved in the contravention. 136. Any person convicted of an offence under this Act for Penalties. which no fine has been provided, is liable to- (2) A Court may award damages to be paid on any terms or conditions that the Court considers just and equitable and suitable (a) a fine not exceeding 30,000,000 Leones for an to achieve the purposes of this Act against a supplier for collective individual and up to 1,000,000,000 (One billion injury to all or a class of consumers generally, Leones) for a body corporate; or Awards of 134. If a person is found guilty of an offence under this Act, the (b) imprisonment for a period not exceeding compensation. Court, in addition to any other penalty it may fix, may order that the 2 years; or person pay to a person who, in the opinion of the court, was humiliated or distressed by the conduct constituting the offence an amount of (c) to both a fine and imprisonment. up to 40,000,000 Leones. Preference to 135. If a court considers that- be given to compensation for victims.