European Communities (Distance Marketing of Consumer Financial Services) (Amendment) Regulations 2005
Source: Iris Oifigiúl 2005-03-11

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paragraphs: (1) These Regulations may be cited as the European Communities (Distance Marketing of Consumer Financial Services) (Amendment) Regulations 2005.
(2) These Regulations come into operation on 15 February 2005.
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paragraphs: The European Communities (Distance Marketing of Consumer Financial Services) Regulations 2004 ( S.I. No. 853 of 2004 ) are amended—
(a) in Regulation 3-
(i) by substituting the following for the definition of “agent”:
“‘agent’ includes nominee;”,
and
(ii) by inserting the following after paragraph (5):
“(6) Where an intermediary acts between a consumer and a supplier of a financial service then there is a distance contract for the supply of a financial service but only if, treating the intermediary as the supplier, there would have been a distance contract.”,
(b) in Regulation 6 by substituting the following for paragraph (6):
“(6)(a) Subject to subparagraph (b), a distance contract for the supply of a financial service is not enforceable against the consumer if the supplier has failed to comply with an obligation imposed on the supplier by this Regulation.
(b) Where a court of competent jurisdiction is satisfied that—
(i) the failure to comply with an obligation imposed on the supplier by this Regulation was not deliberate and has not prejudiced the consumer, and
(ii) it would be just and equitable in the circumstances to dispense with the obligation,
then, the court may, subject to any conditions that it sees fit to impose, decide that the agreement shall be enforceable.”,
(c) in Regulation 9 by substituting the following for paragraph (5):
“(5)(a) Subject to subparagraph (b), a distance contract for the supply of a financial service is not enforceable against the consumer if the supplier has failed to comply with an obligation imposed on the supplier by this Regulation.
(b) Where a court of competent jurisdiction is satisfied that—
(i) the failure to comply with an obligation imposed on the supplier by this Regulation was not deliberate and has not prejudiced the consumer, and
(ii) it would be just and equitable in the circumstances to dispense with the obligation,
then, the court may, subject to any conditions that it sees fit to impose, decide that the agreement shall be enforceable.”,
(d) in Regulation 29—
(i) by substituting the following for paragraphs (1) and (2):
“(1) The contract between the provider of a payment card and the consumer relating to the payment card shall be deemed to provide—
(a) for relevant payments to be recredited or returned to the consumer whenever the card is used fraudulently in connection with a distance contract for the supply of a financial service, and
(b) for the consumer not to be liable for a payment to which subparagraph (a) relates after the consumer has informed the card provider of the loss, theft or misappropriation of the card.
(2) The provider of a payment card shall ensure that facilities are available to enable the consumer—
(a) to request cancellation of a payment to which paragraph (1 applies, and
(b) to immediately notify the provider if the card is lost, stolen or misappropriated. ”,
and
(ii) by substituting the following for paragraph (4):
“(4) If, in any proceedings in relation to a payment to which paragraph (1) applies, the consumer alleges that the consumer's payment card has been used without the consumer's authorisation, the onus is on the provider of the card to prove that the consumer authorised its use.”,
and