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Revised Laws of Saint Lucia
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CONSUMER PROTECTION ACT
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48. Establishment of Appeals Tribunal
Revised Laws of Saint Lucia (2021)
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PART 3
APPEALS TRIBUNAL
Composition, Functions, Powers and Proceedings
48. Establishment of Appeals Tribunal
There is established a Tribunal to be known as the Consumer Protection Appeals Tribunal.
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48. Establishment of Appeals Tribunal
1. Short title
3. Purpose
4. Application
5. Establishment of Board
6. Constitution of Board
7. Disqualification
8. Functions of Board
9. Powers of the Board
10. Acting members
11. Resignations
12. Revocation of appointment
13. Publication of names of members
14. Procedure for meetings
15. Seal
16. Protection of members
17. Disclosure of interest
18. Remuneration of members
19. Expenses of the Board
20. Independence
21. Complaints
22. Protection of persons making complaint
23. Receipt of complaint by the Department
24. Investigation by the Department
25. Power to investigate not precluded
26. Power to obtain information, documents and evidence
27. Report to Board
28. Rules by the Director
29. Receipt of report by the Board
30. Rejection of complaint by the Board
31. Informal disposal
32. Hearing instituted by the Board
33. Non-attendance of parties
34. Recommendation of complaint for hearing
35. Rights and obligations of person summoned
36. Documents to be received as evidence
37. General procedure for resolving complaints and disputes in relation to goods
38. Alleged defects requiring proper analysis and laboratory report
39. Receipt and distribution of laboratory report
40. Procedure subsequent to receipt of laboratory reports and responses
41. General procedure for resolving complaints and disputes in relation to services
42. Decisions of the Board
43. Fixed penalties and Orders of the Board
44. Completion of hearing
45. Registration of Order of the Board
46. Options after issue of Order
47. Payment of Order
49. Constitution of Appeals Tribunal
50 Tenure
51. Resignation
52. Revocation of appointment
53. Temporary members
54. Publication in the Gazette
55. Secretary of Appeals Tribunal
56. Remuneration and allowances
57. Hearings, deliberations and decisions
58. Functions and powers of Appeals Tribunal
59. Proceedings of Appeals Tribunal
60. Validity of proceedings
61. Written terms to be plain and intelligible
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
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
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
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
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
146. Recommendation of the Board
147. Director to have regard to recommendation of the Board
148. Exception in case of danger to public
149. Copies of notices
150. Notification of persons outside Saint Lucia
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
169. Trade coupons and similar promotions
175. Offences by body corporate
176. Protection of officers of the Department
177. General penalty
178. Amendment of Schedules
179. Regulations
Schedule 1
2. Interpretation
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
27. Disqualification of a Member
(4) The Minister may make Regulations to exempt from this section any transaction or consumer agreement referred to in subsection (1) that is below a prescribed threshold.75. Right of consumer's estate to choose whether to uphold agreement
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
62. Unfair terms
74. Right to authorize service
101. Damage resulting from use of goods or service
102. Damaged goods sold to consumer
103. Return of defective goods
114. Mediation
126. Pyramid selling
145. Opportunity for hearing
146. Recommendation of the Council
147. Director to have regard to recommendation of the Council
151. Right of appeal against notice
152. Certain action not to affect insurance contracts
168. Ambiguities to benefit consumer
170. Promotional competitions
171. Prohibition and privilege
172. Secrecy
173. Channel of communication
174. Offences
Schedule 2
Schedule 3
Schedule 4
Schedule 5