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CONSUMER PROTECTION ACT
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PART 1 CONSUMER AFFAIRS DEPARTMENT
2023 Laws not yet authenticated through a Commencement Order
Revised Laws of Saint Lucia (2023)
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PART 1
CONSUMER AFFAIRS DEPARTMENT
DIVISION 1
CoNSUMER AFFAIRS DEPARTMENT
(Part 1 substituted by Act 14 of 2021)
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PART 1 CONSUMER AFFAIRS DEPARTMENT
1. Short title
2. Interpretation
3. Purpose
4. Application and non-application of this Act
5. Administration of this Part
6. Functions of the Department
7. Powers of the Department
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Schedule 5
ACT
PRELIMINARY
1. Short title
2. Interpretation
3. Purpose
4. Application and non-application of this Act
5. Administration of this Part
6. Functions of the Department
7. Powers of the Department
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
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
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
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
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
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
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
Schedule 5
SUBSIDIARY LEGISLATION