CONSUMER PROTECTION 11
9.-(1) The Commission shall not be precluded from :';Eta
conducting an investigation in respect of any matter by reason not
only that it is open to the complainant to apply to the court for precluded.
redress under any other enactment.
(2) If any question arises as to whether the Commission
has jurisdiction to investigate any case or class of case under this
Act, the Commission or any provider whose actions are under
3
.- investigation may apply to the Supreme Court for a declaration
determining that question.
(3) The fact that an action is commenced in any court in
connection with a matter under investigation by the Commission
shall not, unless the court otherwise directs, preclude such
investigation.
10.-(1) The Commission shall have power to summon any Summu"h~
persons
person to attend before the Commission in relation to an togive
investigation being conducted by it and to give evidence or to evidence.
produce any document which is-
(a) in the possession or under the control of such person;
and
(b) relevant to the matter under investigation
(2) A summons under this section-
(a) shall be in the form prescribed in the Second Schedule;,e,::;::
and
(b) may be served by a district constable, bailiff or an
oflicer of the Commission so authorized.
- 1
11.--(I) All persons summoned to attend and give evidence of
Oblig"'Ons
persons
or to produce a document before the Commission shall be- summoned.
(a) entitled, in respect of such evidence or the disclosure of
any communication or the production of any such
document, to the same right or privilege as before a
court of law; and
[The inelusion of this paps is sulhorized by L.N. 18OA/10061
CONSUMER PROTECTION
(6) entitled to be paid their expenses, including travelling
expenses, at the rates prescribed by the Witnesses'
Expenses Act for witnesses who are entitled to have
their expenses paid from public funds:
Provided that the Commission may, if it thinks fit, disallow
the whole or any part of such expenses in any case.
(2) Any person who- (I^
(a) without sufficient cause, fails or refuses to attend
before the Commission in obedience to a summons
under this Act, or fails or rekses to produce any
document which he was required by such summons to
produce;
(b) being a witness, leaves the Commission without the
permission of the Commission;
(c) being a witness, refuses, without sufficient cause, to
answer any question put to him by or with the
permission of the Commission; or
(d) wilfully obstructs or interrupts the proceedings of the
Commission,
commits an offence and shall be liable on summary conviction
before a Resident Magistrate to a fine not exceeding five
hundred thousand dollars or in default of payment thereof to
imprisonment for a term not exceeding two years.
Paper, book, 12. In all legal proceedings any paper, book, record or
remrd or
documem as document produced to the Commission pursuant to section 10
evidence. shall be received as prima facie evidence of the truth of the
statements contained therein -
(.
Funds and 13. The fimds and resources of the Commission shall consist
resources of
the Com- of-
mission.
(a) such moneys as may from time to time be placed at its
disposition for the purposes of this Act by Parliament;
(The lncludon of thb page I# m l b o r h d by L.N. 180Alt006)
CONSUMER PROTECTION
( b ) all other moneys and other property which may in any
manner become payable to, or vested in the Com-
mission in respect of any matter incidental to its
functions.
14.-(1) The Commission shall keep proper accounts and E:gsof
other records in relation to its business and shall prepire andrecords
\
annually a statement of accounts in a form satisfactory to thc
Minister, being a form which shall conform with established
accounting principles.
(2) The accounts of the Commission shall be audited
annually by an auditor or auditors appointed annually by the
Commission and approved by the Minister.
(3) The Auditor-General shall be entitled at all reason-
able times to examine the accounts and other records in relation
to the business of the Commission.
AMU~
15.-(1) The Commission shall, in each year- mootis and
(a) on or before the 31st day of July, submit to the estimtes.
Minister a report of its activities during the twelve
months ending on the 3 1st day of March in that year,
including a statement of its accounts audited in
accordance with the provisions of section 14;
( b ) on or before the 30th day of September, submit to the
Minister for his approval its estimates of revenue and
expenditure for the financial year next following.
(2) The Minister shall cause copies of reports submitted
pursuant to subsection @(a) together with the annual statement
of accounts and auditor's report thereon to be laid on the Tables
'
i of the House of Representatives and of the Senate and annual
statements of such accounts and auditor's report shall be
published in the Gazette.
16. The income of the Commission shall be exempt from
income tax. income tax.
[Tblncludon of this page is s u t h o h d by L.N. 180AIZ0061
14 CONSbMER PROTECTION
Minister to 17.-41) Subject to the provisions of subsection (2), the
make orders.
Minister may, by order-
(a) regulate the distribution, purchase or sale of goods or
any class or description of goods;
(b) provide for the recall of certain goods and services
which are dangerous or hazardous to safety and the
refimd or remission by the provider of the purchase
price paid; C
(c) provide for the firrnishing by persons canying on or
employed in connection with any trade or business of
information concerning all or any of the elements of
the contents of goods, or the cost or the sale price of
goods or any class or description of goods bought or
sold whether by wholesale or retail in such trade or
business; or
(9require the provision and maintenance, at places at
which goods are offered for sale by retail, of means
whereby persons wishing to purchase any of those
goods may ascertain the weight or measurement
thereof
(2) Without prejudice to the generality of subsection (1)
(9,
the Minister may, by order, require--
(a) that the prices of those goods shall be marked on the
goods or on any container in or from which they are
sold; and
( b ) that persons shall not be obstructed in any attempt to
ascertain at the place at which they wish to purchase
any of those goods, the weight or measurement thereof.
(3) Nothing in subsection (1) or (2) shall be deemed to
authorize the Minister to make any order under that subsection
(=
regulating the exportation, distribution, purchase, sale or price of
any goods the exportation, distribution, purchase, sale or price
(as the case may be) of which is, or may be, regulated under or
by virtue of the provisions of any Act.
IThc lneluslon of thla p a p b a u l h o r l ~ dby L.N. 18OA/20061
CONSUMER PROTECTION 21
26.-(1) A provider shall only provide such services as are moved
and non-
approved by the consumer and shall not require a consumer to ,pro,d
sign an open ended commitment to pay for services which, in s m ~ c e s .
addition to those contracted, may, in the provider's opinion, be
necessary or appropriate.
(2) A provider who offers a repair service shall-
(a) disclose to the consumer any and all additional related
repairs that he deems necessary for the consumer to
enjoy reasonably long and uninterrupted use of the
repaired good; and
(b) obtain a written indemnity from the consumer if the
consumer chooses not to require the provider to effect
the recommended repairs.
(3) A provider who contravenes this section commits an
offence and is liable on summary conviction before a Resident
Magistrate to a fine not exceeding five hundred thousand
dollars.
27.-41) Businesses which offer repair services to consumers f;$;y
shall keep records stating- repair
servtces.
(a) the name, address and telephone number of the con-
sumer;
(b) a reasonably accurate description of the good to be
repaired, including any identification number or mark;
(c) the replacement value of the good in its present state as
agreed with the consumer;
(4 an estimate of the labour and other costs to be paid by
the consumer in respect of the repairs to be effected;
(e) the date on which the good was received for repair; and
V) the date on which the good will be ready for delivery,
[The inclusion of lhls page is authorized by L.N. 180A/20061
and a copy of such information shall be given to the consumer
before the repairs are commenced.
(2) A business which contravenes subsection (1)
commits an offence and is liable on summary convictioi' before
a Resident Magistrate to a fine not exceeding five h~ndred
thousand dollars.
PARTV . Misleading and I>eceptive Co~zduct,False
iC>
Representatiom and Unfuir PracNces
Misleading or 28.-(1) No person shall, in the course of trade or business,
deceptive
mndud. engage in conduct that is misleading or deceptive or is likely to
mislead or deceive.
(2) Any person who contravenes subsection (1) commits
an offence and is liable on summary conviction before a
Resident Magistrate to a fine not exceeding one million dollars
or imprisonment for a term not exceeding one year or to both
such fine and imprisonment.
Misleading 29.-(1) No person shall, in the course of trade or business,
public n. to
the name, engage in conduct that is likely to mislead the public as to the
etc, of goods
w snvisce.
nature, manufacturing process, characteristics, suitability for a
purpose or quantity of goods or services, as the case may be
(2) Any person who contravenes subsection (1) commits
an offence and is liable on summary conviction before a
Resident Magistrate to a fine not exceeding one million dollars
or imprisonment for a term not exceeding one year or to both
such fine and imprisonment.
'3
'-J
False or 30.-41) No person shall, in the course of trade or business,
mialeding
~ep~eseOtBtion.in connection with the supply or possible supply of goods or
sewices or with the promotion by any means of the supply or
use of goods or services-
(a) falsely represent that-
CONSUMER PROTECTION 27
(3) Where a term of a contract or notice purports to
exclude or restrict liability for negligence, other than in cases
resulting in death or personal injury, the fact that a person agrees
with it or is aware of it is not of itself to be taken as indicating
his voluntary acceptance of any risk, however the term or notice
shall have effect where the Commission determines that it
satisfies the requirement of reasonableness as provided for in
section 43.
Reliance
38. No party to a contract shall-
(a) when he is in breach of contract, exclude or restrict his
liability in respect of the breach; or
sz
upon
where
breach.
( b ) claim to be entitled to render-
(i) a contractual performance substantially
different from that which was reasonably
expected of him; or
(ii) any performance in respect of the whole or
any part of his contractual obligation,
except in so far as the contract term satisfies the requirement of
reasonableness.
39. A consumer shall not by reference to any term of a 2'2:
contract be made to indemnify another person (whether a party .,,
to the contract or not) in respect of liability that may be incurred
by the other person for negligence or breach of contract, except
in so far as the term of the contract satisfies the requirement of
reasonableness.
40.-(1) In the case of goods of a type ordinarily supplied for f';';
private use or consumption, where loss or damage-
- from defec-
tive goods
(a) arises from the goods proving defective while in mnedi-
gence of
consumer use; and manufac-
turer
( b ) results from the negligence of a person concerned in
the manufacture or distribution of the goods,
liability for the loss or damage shall not be excluded or
restricted by reference to any contract term or notice contained
in or operating by reference to a guarantee of the p o d s except
in so far as the Commission determines that the term k\r notice
satisfies the requirement of reasonableness as provided for in
section 43.
(2) For the purposes of this section- /\
I 1
\L
(a) goods are to be regarded as "in consumer use" when a
person is using them, or is in possession of them for
use, otherwise than exclusively for the purposes of a
business; and
(b) anything in writing is a guarantee if it contains or
purports to contain some promise or assurance (how-
ever worded or presented) that defects will be made
good by complete or partial replacement, or by repair,
monetary compensation or otherwise.
Effe*ofSale
ofGwds and
41. Liability for breach of the obligations arising from the
~ i ~ following
~ ~ sections
~ ~ of~ thet Sale, of Goods
~ ~ and
~ Hire Purchase Acts
Acts. shall not be excluded or restricted by reference to any contract
tem-
(a) sections 13 and 15 of thel Sale of Goods Act, in
particular-
(i) an implied condition on the part of the pro-
vider that in the case of a sale he has a right to
sell the goods, and that in the case of an
agreement to sell he will have a right to sell
the goods at the time when the property is to
pass; (3
-
(ii) an implied warranty that the consumer shall
have and enjoy quiet possession of the goods;
(iii) an implied warranty that the goods shall be
free from any charge or incumbrance in favour
lThr Inclusion of lhla page is ruthorhd by L.N. 180AnW61
CONSUMER PROTECTION 31
(b) the provider shall under no circumstances, be able to
void the contract or impose any penalty therein
contained in the event of breach by the consumer,
solely on the ground that the estimated amount has not
been paid by the consumer, either in full or in part.
(6) Any provider who presents an estimated claim for
any good or service shall be required to present an accurate
claim no later than ninety days after presentation of the estimate.
(7) Subsection ( 6 ) shall apply notwithstanding that the
consumer of the good or service does not pay the estimated
amount claimed or pays it in full or in part.
46.-41) Where a service is to be provided to a consumer-
(a) the provider is deemed to be providing the consumer ",";zt
with a benefit under the relevant contract; and service not
received.
(b) the provisions of subsection (2) shall apply where a fee
is collected from the consumer for that service.
(2) The provider shall-
(a) be liable to-
(i) make a full rehnd to the consumer; and
(ii) further compensate the consumer for all
expenses reasonably incurred by the consumer
as a result of contracting the provider to
provide the benefit,
if for reasons not attributable to the consumer, the benefit is not
received by the consumer; or
(b) where the benefit is received only in part--
(i) refund a proportionate part of the fees
collected; or
(ii) subject to subsection (3), be entitled to receive
a similar proportionate part of the fees if not
yet paid.
'
(The lnelurlon of lhls p a p is aulhorlzd by L.N. 180AI20061
C'ONS(1MER PROTECTION
(3) Subsection (2) shall not apply in any case where the
consumer contracts to pay the provider the prescribed fee
regardless of whether the consumer receives the benefit.
(4) The provider who offers a service to the consumer
shall-
(a) be required to stipulate the extent of the benefit that
shall be deemed to be attached to the service; and 0
( 6 ) provide the consumer with an appropriate warranty
that-
(i) the benefit shall be enjoyed for a reasonable
time, subject to the fulfilment of such con-
ditions attached by the provider as may be
reasonable to the consumer's enjoyment of
that benefit; and
(ii) in the absence of the enjoyment of the benefit,
the provider shall again provide the service
free of cost to the consumer, however the
performance of the warranty is subject to the
Commission's determination as to the provi-
sion of or absence of the benefit.
(5) A provider who contravenes subsection (2) commits
an offence and is liable on summary conviction before a
Resident Magistrate to a fine not exceeding five hundred
thousand dollars and in default of payment to imprisonment for
a term not exceeding six months.
u
Purportingto 47.-(1) A provider commits an offence if, in the event of
a n on a Bill of
Sale. default in repayment of a loan he acts on the powers contained
in a Bill of Sale of chattels pledged by a consumer or he
employs any person other than a Bailiff to recover any or all of
the chattels pledged in the Bill of Sale to the provider.
(Thelnclualon of this page Is nuthorlvd by L.N. 180A110061
CONSUMER PROTECTION
(4) The decisions of the Commission shall be by a majority of votes
and, in any case in which the voting is equal, the chairman or other member
presiding at the meeting shall have a casting vote in addition to an original
vote.
(5) Minutes in proper form of each meeting shall be kept by the
secretiuy and shall be confirmed by the chainnan or other member presiding
as soon as practicable thereafter at a subsequent meeting.
(6) The acts of the Commission shall be authenticated by the
signature of the chairman or the secretary of the Commission.
(7) Subject to the provisions of this paragraph the Commission shall
have power to regulate its own proceedings.
(8) The validity of any proceedings of the Commission shall not be
affected by any vacancy amongst the members thereof or by any defect in the
appointment of a member thereof,
8.-(1) The Commission may appoint and employ at such remuneration officers and
and on such terms and conditions as it thinks fit a secretary and such other scrv*s.
officers, servants and agents as it thinks necessary for the proper performance
of its functions:
Provided that no appointment to a post carrying a salary in excess of the
prescribed rate shall be made without the prior approval of the Minister.
(2) The prescribed rate means five hundred thousand dollars or such
higher rate as may be approved by order of the Minister.
(3) The Governor-General may, subject to such conditions as he may
impose, approve of the appointment of any public officer in the service of
Jamaica to any office with the Commission and any public officer so
appointed shall, in relation to pension, gratuity or other allowance; and to
other rights as a public officer, be treated as continuing in the service of the
Govenunent.
9.-(1) The seal of the Conmnussion shall be kept in the custody of the seal of
chairman or the secretary and shall be affixed to instrwnents pursuant to a
resolution of the Commission in the presence of the chairman, or any other
zs::?
member of the Commission, and the secretary.
(2) The seal of the Commission shall be authenticated by the
signatures of the chairman, or any other member authorized to act in that
behalf. and the secretary.
lThs inclusion of this p q c is sufhorlzad by L.N. IBOAR006)
CONSUMERI'ROTECTZON
(3) All documents other than those required by law to be under seal,
made by, and all decisions of the Commission may be signified under the
hand of the chairman, or any other member authorized to act in that behalf, or
the secretary.
Protedion o f 10.+1) No member of the Commission shall be personally liable for
members. any act or default of the Commission done or omitted to be done in good faith
in the course of the operations of the Commission.
(2) Where any member of the Commission is exempt from liability
by reason only of the provisions of sub-paragraph (1) the Commission shall
C
be liable to the extent that it would be if such member were a servant or agent
of the Commission.
Disclosure of 11, A member of the Commission who is in any way interested in a
interest. company or undertaking which is in any proceedings before the Commission
shall disclose to the Commission the fact and nature of his interest and shall
not take part in any deliberation or any decision of the Commission
relating to snch matter, and snch a disclosure shall forthwith be recorded in
the records of the Commission.
Remuneration 12. There shall be paid to the members of the Commissiox& such
Ofmembers.
remuneration, if any, whether by way of honorarium salary or fees, and such
allowances as the Minister may determine.
W ~ c of
e 13. The office of chairman or member of the Commission shall not
chairmmnot8
public oflice.
be a public office for the purposes of Chapter V of the Constitution of
Jamaica.
Expenses o f 14. The expenses of the Commissiox&including the remuneration of the
mission.
members and staff thereof, shall be defrayed out of the funds of the Com-
mission.
