European Union (Interchange Fees for Card-based Payment Transactions) (Amendment) Regulations 2016.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Union (Interchange Fees for Card-based Payment Transactions) (Amendment) Regulations 2016.
(2) These Regulations shall come into operation on 9 June 2016.
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paragraphs: In these Regulations, “Principal Regulations” means the European Union (Interchange Fees for Card-based Payment Transactions) Regulations 2015 ( S.I. No. 550 of 2015 ).
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paragraphs: Regulation 2(1) of the Principal Regulations is amended—
(a) in the definition of “microenterprise”, by substituting “paragraph (2);” for “paragraph (2).”, and
(b) by inserting the following after the definition of “microenterprise”:
“ ‘trader’ means—
(a) a person who is acting for purposes related to the person’s trade, business or profession, and
(b) a person acting on behalf of a person referred to in paragraph (a) of this definition.”.
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paragraphs: The Principal Regulations are amended by substituting the following for Regulation 6:
Competent authority for purposes of Interchange Regulation and these Regulations
“6.(1) Subject to paragraph (2), the Bank is the competent authority in the State for the purposes of the Interchange Regulation and these Regulations.
(2) As respects each of the following cases, namely—
(a) a case under the second sentence of Article 8(6) of the Interchange Regulation where the payee is a trader and a payer is a consumer, and
(b) a case under Article 10(4) of that Regulation where the payee is a trader and the payer is a consumer,
the Competition and Consumer Protection Commission is the competent authority in the State—
(i) for the purposes of the Interchange Regulation, and
(ii) for the purposes of these Regulations
so far as it relates (or they relate) to the second sentence of that Article 8(6) or to that Article 10(4).
(3) Save as provided for in paragraph (4), the Bank shall monitor compliance with the Interchange Regulation effectively and take all necessary measures to ensure compliance.
(4) As respects each of the cases specified in paragraph (2)(a) and (b), the Competition and Consumer Protection Commission shall monitor compliance with the second sentence of Article 8(6) or with Article 10(4), as the case may be, of the Interchange Regulation effectively and take all necessary measures to ensure compliance.”.
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paragraphs: Section 2(1) of the Consumer Protection Act 2007 (No. 19 of 2007) is amended in the definition of “relevant statutory provisions” (as lastly amended by the European Union (Requirements for Credit Transfers and Direct Debits in Euro) (Amendment) Regulations 2016 ( S.I. No. 204 of 2016 ))—
(a) in paragraph (k) by substituting “( S.I. No. 484 of 2013 ),” for “( S.I. No. 484 of 2013 ), and”,
(b) in paragraph (l) by substituting “( S.I. No. 250 of 2014 ), and” for “( S.I. No. 250 of 2014 );”,
(c) by inserting the following after paragraph (l):
“(m) the European Union (Interchange Fees for Card-based Payment Transactions) Regulations 2015 ( S.I. No. 550 of 2015 );”.
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paragraphs: Section 67 of the Consumer Protection Act 2007 is amended by inserting the following after paragraph (j) (inserted by Regulation 9 of the European Union (Requirements for Credit Transfers and Direct Debits in Euro) (Amendment) Regulations 2016 ( S.I. No. 204 of 2016 )):
“(k) any contravention of the second sentence of Article 8(6) or of Article 10(4) of Regulation (EU) No. 751/2015 of the European Parliament and of the Council of 29 April 20151 by a payee where the payee is a trader and the payer is a consumer,”.