S.I. No. 168/1984:

CONSUMER INFORMATION (ADVERTISEMENTS) (DISCLOSURE OF BUSINESS INTEREST) ORDER, 1984.

CONSUMER INFORMATION (ADVERTISEMENTS) (DISCLOSURE OF BUSINESS INTEREST) ORDER, 1984.

I, JOHN BRUTON, Minister for Industry, Trade, Commerce and Tourism, in exercise of the powers conferred on me by section 11 of the Consumer Information Act, 1978 (No. 1 of 1978), as adapted by the Trade, Commerce and Tourism (Alteration of Name of Department and Title of Minister) Order, 1983 ( S.I. No. 384 of 1983 ), and after consultation with such persons as appear to me to be substantially interested in the general subject of the Order following, hereby make the following Order with respect to which, pursuant to section 26 (4) of that Act, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each House:

1. (1) This Order may be cited as the Consumer Information (Advertisements) (Disclosure of Business Interest) Order, 1984.

(2) This Order shall come into operation one month after the date of its making.

2. (1) Subject to paragraphs (2) and (3) of this Article, a person who supplies goods in the course of a trade, business or profession shall not publish or cause to be published an advertisement in relation to such supply unless it is reasonably clear from the advertisement that the goods are being supplied in the course of a trade, business or profession.

(2) Paragraph (1) of this Article shall not apply in relation to advertisements which are concerned only with sales by auction or competitive tender if it is clearly indicated in the advertisement that the sale is by auction or competitive tender.

(3) Paragraph (1) of this Article applies whether the person who is seeking to supply the goods is acting for himself or on behalf of another, and, where he is acting as an agent, whether in the course of a trade, business or profession carried on by him or not; but the reference in that paragraph to a trade, business or profession does not include any trade, business or profession carried on by the agent.

GIVEN under my Official Seal, this 4th day of July, 1984.

JOHN BRUTON,

Minister for Industry, Trade, Commerce

and Tourism.

EXPLANATORY NOTE.

This Order provides that a person who supplies goods in the course of a trade, business or profession shall not publish or cause to be published an advertisement in relation to such supply unless it is reasonably clear from the advertisement that the goods are being supplied in the course of a trade, business or profession.

This requirement does not apply to an advertisement which indicates clearly that the sale is to be by auction or competitive tender.