The Jamaica Fair Trading Commission

(1) There is hereby established for the purposes of this Act, a body to be called the Fair Trading Commission which shall be a body corporate to which section 28 of the Interpretation Act shall apply.

(2) The provisions of the Schedule shall have effect as to the constitution of the Commission and otherwise in relation thereto.

(a) to carry out, on its own initiative or at the request of any person such investigations in relation to the conduct of business in Jamaica as will enable it to determine whether any enterprise is engaging in business practices in contravention of this Act and the extent of such practices;

(b) to carry out such other investigations as may be requested by the Minister or as it may consider necessary or desirable in connection with matters falling within the provisions of this Act;

(c) to advise the Minister on such matters relating to the operation of this Act, as it thinks fit or as may be requested by the Minister;

(d) to investigate on its own initiative or at the request of any person adversely affected and take such action as it considers necessary with respect to the abuse of a dominant position by any enterprise; and

(e) to carry out such other duties as may be prescribed by or pursuant to the Act.

(b) to undertake studies and publish reports and information regarding matters affecting the interests of consumers;

(c) to co-operate with and assist any association or body of persons in developing and promoting the observance of standards of conduct for the purpose of ensuring compliance with the provisions of this Act.

6. Functions of the Commission (Amended, 2001)

The Commission shall obtain such information as it considers necessary to assist it in its investigation and, where it considers appropriate, shall examine and obtain verification of documents submitted to it.

7. Powers of the Commission (Amended, 2001)

(1) For the purposes of carrying out its functions under this Act, the Commission is hereby empowered to-

(a) summon and examine witnesses;

(b) call for and examine documents;

(d) require that any document submitted to the Commission be verified by affidavit;

(e) adjourn any investigation from time to time.

(2) The Commission may hear orally any person who, in its opinion, will be affected by an investigation under this Act, and shall so hear the person if the person has made a written request for a hearing, showing that he is an interested party likely to be affected by the result of the investigation or that there are particular reasons why he should be heard orally.

(3) The Commission may require a person engaged in business or a trade or such other person as the Commission considers appropriate, to state such facts concerning goods manufactured, produced or supplied by him or services supplied by him as the Commission may think necessary to determine whether the conduct of the business in relation to the goods or services constitutes an uncompetitive practice.

(4) If the information specified in subsection (3) is not furnished to the satisfaction of the Commission, it may make a finding on the basis of the information available before it.

8. Hearings to be held in Public

Hearings of the Commission shall take place in public but the Commission may, whenever the circumstances so warrant, conduct a hearing in private.

9. Minister may give Directions

(1) The Minister may give to the Commission such directions of a general nature as the Minister considers necessary in the public interest as to the policy to be followed by the Commission.(2) The Commission shall give effect to any directions given pursuant to subsection (1).

10. Powers of Entry and Search

(1) Subject to this section, the Commission may, for the purpose of ascertaining whether any person has engaged or is engaging in conduct constituting or likely to constitute a contravention of this Act, require an authorized officer to enter and search any premises and inspect and remove for the purpose of making copies, any documents or extracts therefrom in the possession or under the control of any person.

(2) An authorized officer shall not exercise the powers conferred by subsection (1) unless he obtain a warrant authorizing him to exercise those powers in accordance with subsection (4)

(3) Where a Justice of the Peace is satisfied on information on oath that there is reasonable ground for believing that any person has engaged or is engaged in conduct constituting or likely to constitute a contravention of this Act, the Justice of the Peace may by warrant under his hand, permit an authorized officer to exercise the powers conferred by subsection (1) in relation to any premises specified in the warrant, so, however, that such warrant shall not authorize the detention of a document for a period exceeding seven days.

(4) An authorized officer shall-

(a) on entering any premises pursuant to a warrant issued under subsection (3), produce evidence of his authority to enter the premises and evidence of his identity;

(b) upon completing a search authorized under this section, leave a receipt listing documents or extracts therefrom removed for the purposes of this section.(5) The occupier or person in charge of any premises entered pursuant to this section shall provide the authorized officer with all reasonable facilities and assistance for the effective exercise of his functions under this section

(5) The occupier or person in charge of any premises entered pursuant to this section shall provide the authorized officer with all reasonable facilities and assistance for the effective exercise of his functions under this section.

11. Discontinuance of Investigation (Amended, 2001)

(1) At any stage of an investigation under this Act, if the Commission is of the opinion that the matter being investigated does not justify further investigation, the Commission may discontinue the investigation.

(2) The Commission shall, on discontinuing an inquiry, make a report in writing to the Minister stating the information obtained and the reason for discontinuing the investigation.

Financial Provision, Accounts and Reports

12. Funds of Commission

The funds of the Commission shall consist of-

(a) such sums as may be appropriated by Parliament for the purposes of the Act;

(b) any other moneys which may in any manner become payable to or vested in the Commission in respect of any matter incidental to his functions.

13. Accounts and Audits

(1) The accounts of the Commission shall be audited annually by the Auditor-General or by any auditor or auditors approved by him and a statement of accounts so audited shall form part of the annual report referred to in section 14 (1).

(2) The Commission shall, in each year, before a date specified by the Minister-

(a) submit to the Minister a statement of accounts audited in accordance with subsection (1);

(b) submit to the Minister for approval estimates of revenue and expenditure for the financial year next following.

14. Reports

(1) The Commission shall, within three months after the end of each financial year, or within such longer period as the Minister may in special circumstances allow, cause to be made and transmitted to the Minister a report dealing generally with the activities of the Commission during the preceding financial year.

(2) The Commission may from time to time furnish to the Minister a report relating to any particular matter or matters investigated, or being investigated which, in the opinion of the Commission, require the special attention of the Minister.

(3) The Minister shall cause a copy of a report submitted under this section to be laid on the Table of the House of Representatives and of the Senate.

15. Appointment of Executive Director, Secretary and other employees.

(1) The Commission shall appoint and employ an Executive Director who shall hold office for a period of seven years and may be re-appointed for a period not exceeding five years at a time.

(2) The Executive Director shall be in charge of the day to day management of the Commission.

(3) Subject to subsection (4), the Executive Director shall receive such emoluments and be subject to such terms and conditions of service as may from time to time be prescribed by or under any law or by a resolution of the House of Representatives.

(4) The emoluments and terms and conditions of service of the Executive Director, other than allowances that are not taken into account in computing pensions, shall not be altered to his disadvantage during the period of his appointment or reappointment, as the case may be.

(5) The emoluments for the time being payable to the Executive Director by virtue of this Act shall be charged on and paid out of the Consolidated Fund.

(6) The Commission may appoint and employ at such remuneration and on such terms and conditions as it thinks fit, such other officers and employees as it thinks necessary for the proper carrying out of the provision of this Act:

Provided that-

(a) no salary in excess of the prescribed rate shall be assigned to any post without the prior approval of the Minister; and

(b) no appointment shall be made without the prior approval of the Minister to any post to which a salary in excess of the prescribed rate is assigned.

(7) In subsection (6) "the prescribed rate" means a rate of $100,000 per annum or such higher rate as the Minister may, by order, prescribe.

(8) The Governor-General may, subject to such conditions as he may impose, approve of the appointment of any officer in the service of the Government to any office with the Commission, and any officer so appointed shall, during such appointment, 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 Government.

16. Pensions, Gratuities and other retiring Benefits

The Commission may enter into arrangements respecting schemes, whether by way of insurance policies or not, for medical benefits, pensions, gratuities and other retiring or disability or death benefits relating to employees of the Commission and such arrangements may include provisions for the grant of benefits to the dependants and the legal personal representatives of such employees.