European Union (Rights of Passengers when Travelling by Bus and Coach Transport) (Amendment) Regulations 2020.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: These Regulations may be cited as the European Union (Rights of Passengers when Travelling by Bus and Coach Transport) (Amendment) Regulations 2020.
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paragraphs: The European Union (Rights of Passengers when Travelling by Bus and Coach Transport) Regulations 2013 ( S.I. No. 152 of 2013 ) are amended:
(a) in Regulation 2(1), by the insertion of the following definition:
“‘Council Regulation’ means Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 20172 on the cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No. 2006/20042 ;”,
(b) in Regulation 2(2), by the insertion of “or the Council Regulation” after “EU Regulation” in each place where it occurs,
(c) by the substitution of the following for Regulation 3:
“3. (1) The Authority is designated as the body responsible for the enforcement of the EU Regulation in the State which shall be a function of the Authority under the Dublin Transport Authority Act 2008 (No. 15 of 2008) and references in sections 78 and 79 of that Act to a public transport authority or operator shall be construed as including references to a provider.
(2) The Authority is designated as the body responsible for the enforcement of the Council Regulation in so far as that Regulation relates to the rights of passengers in bus and coach transport which shall be a function of the Authority under the Dublin Transport Authority Act 2008 and, accordingly, references in sections 78 and 79 of that Act to a public transport authority or operator shall be construed as including references to a trader.
(3) For the purposes of investigations relating to the Council Regulation, the Authority shall have the investigation powers referred to in Article 9(3) of the Council Regulation.
(4) For the purpose of enforcement of the Council Regulation, the Authority shall have the enforcement powers referred to in Article 9(4)(a) to (f) of the Council Regulation.
(5) The Authority may publish any final decision, trader’s commitments or orders adopted pursuant to the Council Regulation in accordance with Article 9(7) of the Council Regulation.
(6) The powers referred to in paragraphs (3), (4) and (5) shall be exercised by the Authority in accordance with Article 10 of the Council Regulation.”,
(d) by the insertion of the following after Regulation 4:
“4A. (1) For the purposes of Article 9(4)(h) of the Council Regulation and the powers of enforcement conferred on the Authority under Regulation 3, a person who fails to comply with a decision, order, interim measure, trader’s commitment or other measure specified in Article –
(a) 9(4)(a),
(b) 9(4)(b),
(c) 9(4)(c),
(d) 9(4)(d),
(e) 9(4)(e), or
(f) 9(4)(f)
of the Council Regulation shall be guilty of an offence.
(2) Where a person commits an intra-Union infringement, a widespread infringement or a widespread infringement with a Union dimension relating to these Regulations for which the Authority is designated as the competent authority under Article 5(1) of the Council Regulation, he or she shall be guilty of an offence.
(3) (a) A person who commits an offence under paragraph (1) shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 12 months or to both.
(b) A person who commits an offence under paragraph (2) shall be liable on summary conviction to a class B fine.”, and
(e) in Regulation 7, by the insertion of “or Regulation 4A” after “Regulation 4”.