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14 2002

COMPETITION ACT, 2002

PART 5

Miscellaneous

Repeals.

48. —The following are repealed:

(a) the Industrial and Provident Societies (Amendment) Act, 1971 ,

(b) the Mergers, Take-overs and Monopolies (Control) Act, 1978 ,

(c) sections 24, 25 and 26 of the Restrictive Practices (Amendment) Act, 1987 ,

(d) the Competition Act, 1991 , and

(e) the Competition (Amendment) Act, 1996 .

Restrictive Practices (Groceries) Order, 1987.

49. —The Minister may, by order, amend or revoke the Restrictive Practices (Groceries) Order, 1987 (S.I. No. 142 of 1987).

Protections for person reporting breaches of Act.

50. —(1) A person who, apart from this section, would be so liable shall not be liable in damages in respect of the communication, whether in writing or otherwise, by him or her to the Authority of his or her opinion that—

(a) an offence under section 6 or 7 has been or is being committed, or

(b) any other provision of this Act that prohibits an undertaking from doing a particular thing or things has not been or is not being complied with,

unless it is proved that he or she has not acted reasonably and in good faith in forming that opinion and communicating it to the Authority.

(2) The reference in subsection (1) to liability in damages shall be construed as including a reference to liability to be the subject of an order providing for any other form of relief.

(3) An employer shall not penalise an employee for having formed an opinion of the kind referred to in subsection (1) and communicated it, whether in writing or otherwise, to the Authority if the employee has acted reasonably and in good faith in forming that opinion and communicating it to the Authority.

(4) Schedule 3 shall have effect for the purposes of subsection (3).

(5) A person who states to the Authority that an undertaking has committed or is committing an offence under section 6 or 7 or has failed or is failing to comply with a provision of this Act referred to in subsection (1)(b) knowing that statement to be false shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months or to both such fine and such imprisonment.

(6) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under subsection (5) may be instituted within 2 years after the day on which the offence was committed or, if later, 2 years after the day on which evidence that, in the opinion of the person by whom the proceedings are brought, is sufficient to justify the bringing of the proceedings comes to that person's knowledge.

(7) For the purposes of subsection (6), a certificate signed by or on behalf of the person bringing the proceedings as to the day on which the evidence referred to in that subsection relating to the offence concerned came to his or her knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purpose of this subsection and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate.

(8) Subsection (1) is in addition to, and not in substitution for, any privilege or defence available in legal proceedings, by virtue of any enactment or rule of law in force immediately before the commencement of this section, in respect of the communication by a person to another (whether that other person is the Authority or not) of an opinion of the kind referred to in paragraph (a) or (b) of subsection (1).

Amendment of Industrial and Provident Societies Act, 1893.

51. —The Industrial and Provident Societies Act, 1893, is amended—

(a) in section 51, by the substitution for “For the purposes of this Act” of “Subject to section 51A of this Act, for the purposes of this Act”, and

(b) by the insertion of the following section after section 51:

“51A. In relation to special resolutions for the purposes of sections 52 and 53 of this Act, section 51 of this Act shall have effect as if—

(a) in paragraph (a) ‘of not less than three fourths’ were deleted, and

(b) in paragraph (b), ‘where such special resolution is passed by a majority of less than three fourths of such members,’ were inserted before ‘confirmed’.”.

Regulations and orders.

52. —(1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Every regulation under this Act and every order under this Act (other than an order under section 2 , subsection (4) or (5) of section 18 , section 23(4) or section 27(1)) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Expenses.

53. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Provision with respect to fees payable under this Act.

54. —The Public Offices Fees Act, 1879, shall not apply to fees payable under this Act.

Saving and transitional provisions.

55. Schedule 2 shall have effect for the purposes of this Act.