Act No. 558 / 2004 Coll.
Act amending Act No. 229 / 2002 Coll., on Financial Arbiter, Act No. 353 / 2003 Coll., on Consumer Taxes, as amended, and Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended
Valid
Law
Effective from 01.01.2005
Text versions:
01.01.2005
09.11.2004
558
THE LAW
of 24 September 2004
amending Act No. 229 / 2002 Coll., on Financial Arbiter, Act No. 353 / 2003 Coll., on Consumer Taxes, as amended, and Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Financial Arbiter Act
Act No. 229 / 2002 Coll., on Financial Arbiter, is amended as follows:
1. in Article 1 (1) (a), including footnotes 1) and 1 (1a):
"(a) between persons carrying out transfers of funds (hereinafter referred to as" transferring institutions ") and their clients in the execution of:
1. transfers of funds under special legislation, 1)
2. Corrective settlement according to the special law governing the activities of banks, 1a)
3. collection forms of payment in the Czech Republic,
where the amount in euro of the amount in dispute does not exceed 50 000 at the date of submission of the proposal,
1) Act No. 124 / 2002 Coll., on transfers of funds, electronic means of payment and payment systems (Law on payment), as amended by Act No. 257 / 2004 Coll.
1a) § 20c of Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 126 / 2002 Coll. '
2. Paragraph 4 (1) reads as follows:
"(1) Arbitra and the representative of the arbiter elect the Chamber of Deputies for a term of office of 5 years by public voting from persons fulfilling the conditions laid down in this Act. Choice proposals shall be entitled to be submitted by institutions, their professional associations and professional associations for consumer protection. The term of office shall begin on the date of election, unless the office of arbitrator or his representative is vacant, otherwise the day following the date of expiry of the term of office of the former arbitrator or his representative. The choice shall be made in such a way that the period from the date of termination of the office of arbitrator or representative of arbitrator (§ 6 (3)) until the date of election of the new arbitrator or representative of arbitrator does not exceed 2 months. ';
3. In Article 5, the following paragraph 3 is added:
"(3) Arbiter shall submit to the Chamber of Deputies once a year, by 31 March each year for the previous calendar year, a report on its activities, which shall also include information on the costs incurred to ensure the performance of the activities provided for in Paragraph 1 (2)."
4. In Section 6, the word "Function 'is replaced by" Performance' and the word "Incompatible 'is replaced by" Incompatible'.
5. In Article 6, the current text becomes paragraph 1 and the following paragraphs 2 to 4 are added:
"(2) The performance of the function of an arbitrator and an arbiter is also incompatible with other gainful activities, with the exception of the management of own property and the activities of scientific, pedagogical, publicistic, literary or artistic, provided that such activity is not detrimental to the performance of the function and its dignity and does not jeopardise confidence in the independence and impartiality of the duties.
(3) The performance of an arbiter or an arbiter representative shall end on the day on which:
(a) his term of office has expired;
(b) the judgment of the court which sentenced the arbiter or representative of the arbiter for an intentional offence has become final;
(c) the President of the Chamber of Deputies has received a written declaration by the arbitrator or the representative of the arbitrator that he is renouncing his post;
(d) the arbiter or representative of the arbiter has died or on the date on which he was declared dead.
(4) For the duration of the term of office, arbiter or arbiter representative shall not be subject to a military obligation if they are subject to it. ';
6.
Arbiter shall invite the institution to comment on the proposal within 15 days following the submission of the proposal. In justified cases, it may, at the request of the institution and before the expiry of the period, extend the period by 15 days, including repeatedly. ';
7. in Article 12 (6) (a):
"(a) at the request of the arbitrator to submit the required documents and to attend the hearing;"
8. In Article 12, the following paragraph 9 is added:
"(9) The arbitration panel may also, in the course of the proceedings, refer to institutions which are not parties to the proceedings if their explanation may be relevant for the course or outcome of the proceedings. Paragraphs 6 and 7 shall apply mutatis mutandis to such cases. The requested institution shall not be entitled to reimbursement of the costs of fulfilling its obligations under this provision. ';
9. In Article 15 (1), the words "without undue delay 'shall be inserted after the words" the substance'.
10. In Article 15 (2), the words "without undue delay 'shall be inserted after the word" management'.
11. In Article 16, at the end of paragraph 1, the sentence "They shall have suspensory effect at the time of the opposition."
12. In Article 16 (3), the words "to their own hands' shall be added at the end of the paragraph.
13. In the first sentence of Paragraph 23 (1), "and 7 'is replaced by" 7 and 9'.
14. In Paragraph 23 (3), the following sentence is inserted after the first sentence: "The proceedings for the imposition of a fine may also be initiated by service of the decision imposing a fine."
15. In paragraph 23, the sentence "They shall have suspensory effect at the time of the opposition. 'is added at the end of paragraph 5.
Amendment of the Excise Tax Act
In § 132 (d) and (e), § 134 (1) and (2) and § 135 (1), (3), (7), (8) and (12) of Act No 353 / 2003 Coll., on excise duties, as amended by Act No 237 / 2004 Coll., the words "offers and 'shall be deleted from all used falls.
Amendment of the Food and Tobacco Products Act
Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related acts, as amended by Act No. 119 / 2000 Coll., Act No. 306 / 2000 Coll., Act No. 146 / 2002 Coll., Act No. 131 / 2003 Coll., Act No. 274 / 2003 Coll., Act No. 94 / 2004 Coll. and Act No. 316 / 2004 Coll., is amended as follows:
1. in Paragraph 3 (4), point (d) shall be deleted;
2. In Article 17 (3), point (b), the words "Article 3 (4) (d) and (v) 'are deleted.
EFFECTIVE
This Law shall take effect on 1 January 2005, with the exception of Part Two, Article II and Part Three, Article III, which shall take effect on the date of its publication.
Zaoralek v. r.
Klaus v. r.
Gross v. r.
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Regulation Information
| Citation | Act No. 558 / 2004 Coll., amending Act No. 229 / 2002 Coll., on Financial Arbiter, Act No. 353 / 2003 Coll., on Consumer Taxes, as amended, and Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.11.2004 |
|---|---|
| Effective from | 01.01.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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