ACT
(Acts 9 of 2016, 14 of 2021 and 27 of 2023)
Act 9 of 2016 .. in force 1 January 2022 (S.I. 9/2022)
Amended by Act 14 of 2021 .. in force 1 January 2022
Amended by Act 27 of 2023 .. in force 27 December 2023
ARRANGEMENT OF SECTIONS
PRELIMINARY
| 1. | Short title |
| 2. | Interpretation |
| 3. | Purpose |
| 4. | Application and non-application of this Act |
PART 1
CONSUMER AFFAIRS DEPARTMENT
Division 1: Consumer Affairs Department
| 5. | Administration of this Part |
| 6. | Functions of the Department |
| 7. | Powers of the Department |
Division 2: Complaints
| 8. | Persons making a complaint |
| 9. | Form and procedure for making a complaint |
| 10. | Protection of persons making a complaint |
| 11. | Receipt and record of complaint |
| 12. | Power to investigate not precluded |
Division 3: Investigations
| 13. | Investigations |
| 14. | Notice to obtain information, documents and evidence |
| 15. | Application for warrant |
| 16. | Entering premises with a warrant |
| 17. | Investigation report |
| 18. | Transmission of investigation report to the council |
| 19. | Directives by the director |
| 20. | Protection of the Department |
PART 2
CONSUMER PROTECTION COUNCIL
Division 1: Establishment of the Council
| 21. | Establishment of the Consumer Protection Council |
| 22. | Composition of Council |
| 23. | Chairperson and Deputy Chairperson |
| 24. | Tenure of the Council |
| 25. | Functions of the Council |
| 26. | Powers of the Council |
| 27. | Disqualification of a member |
| 28. | Leave of absence of a member and alternate member |
| 29. | Resignation |
| 30. | Revocation |
| 31. | Vacancy |
| 32. | Remuneration and other expenses |
| 33. | Secretary of the Council |
| 34. | Confidentiality and oath of secrecy |
| 35. | Independence of the Council |
| 36. | Protection of members and the Secretary |
| 37. | Official seal |
Division 2: Meetings of the Council
| 38. | Meetings of the Council |
| 39. | Rejection of a complaint by the Council |
| 40. | Committees of the Council |
| 41. | Declaration of interest and abstention from voting |
Division 3: Alternative Dispute Resolution
| 42. | Notice for alternative dispute resolution proceedings |
| 43. | Resolution of dispute |
| 44. | Binding written agreement and notice of fixed penalty |
| 45. | Fixed penalties |
| 46. | Transmission of written agreement or dispute to the Tribunal |
| 47. | Directions from the Minister |
PART 3
CONSUMER PROTECTION TRIBUNAL
| 48. | Establishment of Tribunal |
| 49. | Constitution of Tribunal |
| 50 | Functions of the Tribunal |
| 51. | Powers of the Tribunal |
| 52. | Resignation |
| 53. | Revocation |
| 54. | Appointment of temporary members |
| 55. | Publication |
| 56. | Recording Secretary |
| 57. | Remuneration and allowances |
| 58. | Hearings of the Tribunal |
| 59. | Orders of the Tribunal |
| 60. | Application to the Commercial Court |
PART 4
TERMS OF CONSUMER AGREEMENT
| 61. | Written terms to be plain and intelligible |
| 62. | Unfair terms |
| 63. | Excluding, restricting or modifying liability |
| 64. | Indemnity from liability |
| 65. | Satisfying reasonableness where agreement terminated |
| 66. | Liability for breach |
PART 5
CONSUMER RIGHTS
| 67. | Right reserved |
| 68. | Protection of consumer right |
| 69. | Substantive and procedural rights |
| 70. | Right to select supplier, goods or service |
| 71. | Right to choose and examine goods |
| 72. | Right to accept goods or service |
| 73. | Right in relation to unsolicited goods or service |
| 74. | Right to authorize service |
| 75. | Right of consumer's estate to choose whether to uphold agreement |
| 76. | Right to cancel reservation |
| 77. | Right to rescind or cancel agreement |
| 78. | Right with respect to delivery of goods or supply of service |
| 79. | Right to information in plain and understandable language |
| 80. | Right to information in English language |
PART 6
DUTIES OF SUPPLIERS
| 81. | Registration of supplier |
| 82. | Identification of supplier |
| 83. | Product labelling and trade descriptions |
| 84. | Disclosure of environmental facts |
| 85. | Disclosure of used, re-conditioned, re-built or re-made goods |
| 86. | Quality of goods or service |
| 87. | Charging consumer for assistance |
| 88. | Information to consumer |
| 89. | Disclosure of price of goods or service |
| 90. | Warranties |
| 91. | Measurement of goods |
| 92. | Written consumer agreement |
| 93. | Unlawful provisions of consumer agreement |
| 94. | Conditions of demanding and accepting payment |
| 95. | Over-selling and over-booking |
| 96. | Management of pricing |
| 97. | Sales record |
| 98. | Utility of sales record |
| 99. | Delivery date |
| 100. | Approved and non-approved service |
| 101. | Damage resulting from use of goods or service |
| 102. | Damaged goods sold to consumer |
| 103. | Return of defective goods |
| 104. | Loss or damage of defective goods or negligence of manufacturer |
| 105. | Return of materially different goods |
| 106. | Return of electrical goods |
| 107. | Suppliers offering repair service |
| 108. | Promotion of goods or service |
| 109. | Goods or service acquired by instalment |
| 110. | Apportionment of payment where service not received |
| 111. | Supplier purporting to act on Bill of Sale |
| 112. | Exclusion and restriction from liability from breach of contract and claims |
| 113. | Liability for breach of duty or obligation |
| 114. | Mediation |
PART 7
UNFAIR TRADE PRACTICES
| 115. | False, misleading or deceptive representation |
| 116. | Restrictive trade |
| 117. | Unfair method or unfair or deceptive practice |
| 118. | Misleading public as to nature of goods or service |
| 119. | Unreasonable transactions |
| 120. | Unfair or unjust transactions |
| 121. | Unconscionable conduct |
| 122. | Renegotiation of terms |
| 123. | Bait advertising |
| 124. | Dual pricing |
| 125. | Referral selling |
| 126. | Pyramid selling |
| 127. | Non-delivery of goods or service on contracted date |
| 128. | Printing, publishing, distributing, broadcasting or telecasting |
| 129. | Rescission |
| 130. | Defences for contravention of this Part |
PART 8
CONSUMER SAFETY
| 131. | Interpretation of “consumer safety” |
| 132. | General consumer safety requirement |
| 133. | Information on goods with inherent risk |
| 134. | Consumer safety regulations |
| 135. | Contravention of consumer safety regulations |
| 136. | Declaration of unsafe goods |
| 137. | Imposition of permanent ban |
| 138. | Establishment of a regional alert system |
PART 9
RECALL OF GOODS
| 139. | Voluntary recall |
| 140. | Compulsory recall |
| 141. | Repair and replacement of goods |
| 142. | Refund |
| 143. | Effect of recall notice |
| 144. | Loss or damage caused by contravention of recall notice |
| 145. | Opportunity for hearing |
| 146. | Recommendation of the Council |
| 147. | Director to have regard to recommendation of the Council |
| 148. | Exception in case of danger to public |
| 149. | Copies of notices |
| 150. | Notification of persons outside Saint Lucia |
| 151. | Right of appeal against notice |
| 152. | Certain action not to affect insurance contracts |
PART 10
PRODUCT LIABILITY
| 153. | Interpretation: Part 10 |
| 154. | Liability for defects |
| 155. | Defect inferred |
| 156. | Damage giving rise to liability |
| 157. | Prohibition on exclusions from liability |
| 158. | Defences in civil proceedings |
PART 11
DISTANCE SELLING
| 159. | Interpretation: Part 11 |
| 160. | Application: Part 11 |
| 161. | Agreement regarding distance selling contract |
| 162. | Prior information requirements |
| 163. | Acceptance or refusal of distance contract |
| 164. | Right of cancellation |
| 165. | Payment by credit or debit card |
| 166. | Performance |
PART 12
MISCELLANEOUS
| 167. | Reasonableness |
| 168. | Ambiguities to benefit consumer |
| 169. | Trade coupons and similar promotions |
| 170. | Promotional competitions |
| 171. | Prohibition and privilege |
| 172. | Secrecy |
| 173. | Channel of communication |
| 174. | Offences |
| 175. | Offences by body corporate |
| 176. | Protection of officers of the Department |
| 177. | General penalty |
| 178. | Amendment of Schedules |
| 179. | Regulations |
| Schedule 1 | |
| Schedule 2 | |
| Schedule 3 | |
| Schedule 4 | |
AN ACT to provide for the promotion and protection of consumer rights in relation to the supply of goods and the provision of services; ensure the protection of life, health and safety of consumers; to establish of a Consumer Protection Board and a Consumer Protection Appeals Tribunal and for related matters.
Commencement [ON ORDER]