COMPETITION ACT, 2002

• (b) if he or she is satisfied that the market conditions have substantially changed, he or she shall carry out a review of the conditions contained in the determination to ascertain whether one or more of those conditions should be amended or revoked because they are no longer necessary, in light of the substantial change in the market conditions, to protect plurality of the media in the State.

• (3) Following a review under subsection (2) and not later than 40 working days from the date of a request under subsection (1), the Minister for Communications, Energy and Natural Resources may, with the consent of the undertakings involved, amend or revoke in writing one or more of the conditions contained in the determination.

• (4) If the Minister for Communications, Energy and Natural Resources amends or revokes one or more of the conditions contained in the determination pursuant to subsection (3), as soon as may be, he or she—

• (a) shall furnish to the undertakings involved a copy of the amended conditions or if all the conditions have been revoked, a statement to that effect, and

• (b) may publish, with due regard for commercial confidentiality—

• (i) the fact of the amendment or revocation of one or more of the conditions under this section, and

• (ii) a summary of the amended conditions or if all the conditions have been revoked, a statement to that effect.]

28I. F142[Enforcement of certain determinations.

28I.—(1) It shall be lawful for the High Court to grant an injunction on the motion of the Minister for Communications, Energy and Natural Resources, the Broadcasting Authority of Ireland or any of the undertakings involved in the media merger to enforce compliance with the terms of a determination for the time being in force.

• (2) Subsection (1) shall not affect any other right of the Minister for Communications, Energy and Natural Resources to bring proceedings (whether civil or criminal) for the enforcement of compliance with the terms of a determination.

• (3) A person who contravenes (whether by act or omission) a provision of a determination for the time being in force commits an offence and shall be liable—

• (a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both such fine and such imprisonment, or

• (b) on conviction on indictment, to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 2 years or to both such fine and such imprisonment.

• (4) Every person who aids, abets or assists another person, or conspires with another person, to do anything (whether by way of act or of omission) the doing of which is an offence by virtue of subsection (3) shall himself or herself commit an offence under this section and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (5) Where an offence under subsection (3) or (4) which is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons is proved to have been so committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person who is a director, manager, secretary, member of the committee of management or other controlling authority of any such body, or who is any other similar officer of any such body, that person shall also commit an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (6) Subsections (3), (4) and (5) operate so that if the contravention concerned continues one or more days after the date of its first occurrence, the person referred to in the subsection concerned is guilty of a separate offence under that subsection for each day that the contravention occurs, but in respect of the second or subsequent offence of which he or she is guilty by reason of that continued contravention, subsection (3) shall have effect as if—

• (a) in paragraph (a), "a class E fine" were substituted for "a class A fine", and

• (b) in paragraph (b), "€1,000" were substituted for "€10,000".

• (7) Summary proceedings in relation to an offence under this section may be brought by the Minister for Communications, Energy and Natural Resources.

• (8) In this section "determination" means a determination of the Minister for Communications, Energy and Natural Resources made under section 28D or 28G.]

28J. F143[Limitation of judicial review of determination.

28J.—(1) Leave shall not be granted for judicial review of a determination of the Minister for Communications, Energy and Natural Resources under section 28D or 28G unless—

• (a) the application for leave to seek judicial review is brought by an undertaking involved in the media merger to which the determination relates,

• (b) either—

• (i) the application is made to the High Court not later than 40 working days from the date of the determination of the Minister for Communications, Energy and Natural Resources under section 28D or 28G, or

• (ii) the High Court is satisfied that—

• (I) there are substantial reasons why the application was not made within that period, and

• (II) it is just in all the circumstances to grant leave, having regard to the interests of other affected persons and the public interest,

and

• (c) the High Court is satisfied that the application raises a substantial issue for the High Court’s determination.

• (2) The High Court may make such order on the hearing of the judicial review as it thinks fit, including an order remitting the matter back to the Minister for Communications, Energy and Natural Resources with such directions as the High Court thinks appropriate or necessary.

• (3) The determination of the High Court of an application for leave to apply for judicial review, or an application for judicial review, is final and no appeal lies from the decision of the High Court to the Supreme Court in either case, except with the leave of the High Court, which shall only be granted if the High Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.

• (4) Subsection (3) does not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.]

28K. F144[Fees.

28K.—(1) The Broadcasting Authority of Ireland may charge, receive and recover, for the costs incurred by it during a full media merger examination, such fees as it may, with the consent of the Minister for Communications, Energy and Natural Resources given with the approval of the Minister for Public Expenditure and Reform, from time to time determine.

• (2) The fees determined under subsection (1) shall be paid by the undertakings that notified the media merger under section 28B in the time and manner specified by the Broadcasting Authority of Ireland, with the consent of the Minister for Communications, Energy and Natural Resources given with the approval of the Minister for Public Expenditure and Reform.

• (3) The Broadcasting Authority of Ireland may provide for different fees in different circumstances or classes of circumstances or for different cases or classes of cases and for the manner in which fees are to be disposed of.

• (4) The Broadcasting Authority of Ireland shall arrange for the publication on the internet of fees payable as soon as practicable after the fees have been determined under subsection (1).

• (5) The Broadcasting Authority of Ireland may recover any amount due and owing to it under this section from the person by whom it is payable as a simple contract debt in any court of competent jurisdiction.]

28L. F145[Guidelines.

28L.—(1) The Minister for Communications, Energy and Natural Resources may, from time to time, following consultation with the Broadcasting Authority of Ireland and such other persons as he or she considers appropriate, prepare and make guidelines on the general applicability of the relevant criteria to media mergers, including in particular:

• (a) levels of media ownership including across different sectors of the media that would, subject to the particular circumstances of each media merger, be regarded as contrary to the public interest;

• (b) indicators of diversity of content and of diversity of ownership and control of media businesses that would be used in determining whether a media merger would be regarded as contrary to the public interest;

• (c) if appropriate, the manner in which he or she shall have regard to the adequacy of the following to protect the public interest in plurality of the media in the State:

• (i) the scale and reach of RTÉ and TG4;

• (ii) Part 6 of the Act of 2009;

• (iii) the ownership and control policy of the Broadcasting Authority of Ireland for the time being in force;

• (d) what will constitute significant interests within a sector or across different sectors of media businesses in the State for the purposes of paragraph (b) of the definition of "relevant criteria" in section 28A(1);

• (e) the nature of the proposed commitments that the undertakings involved in a merger may offer pursuant to section 28D(5) or section 28E(10) that could be incorporated as conditions in a determination by the Minister for Communications, Energy and Natural Resources under section 28D(1)(b) or section 28G(1)(c);

• (f) the nature of the other conditions that may be imposed by the Minister for Communications, Energy and Natural Resources in a determination under section 28G(1)(c);

• (g) such other matters regarding media mergers as the Minister for Communications, Energy and Natural Resources considers appropriate.

• (2) The Minister for Communications, Energy and Natural Resources may, from time to time, following consultation with the Broadcasting Authority of Ireland and such other persons as he or she considers appropriate, prepare and make guidelines on the manner in which he or she shall carry out his or her functions under section 28H(2), including in particular, the factors he or she shall take into account in considering whether market conditions have substantially changed and, if they have so changed, the manner in which he or she shall review the conditions contained in a determination.

• (3) Before making guidelines under subsection (1) or (2), the Minister for Communications, Energy and Natural Resources—

• (a) shall publish on the internet a draft of the proposed guidelines and allow persons 30 working days from the date of publication to make written representations to him or her in relation to the draft guidelines, and

• (b) may, having considered any representations received, make the guidelines, with or without modification.

• (4) The guidelines shall be published by the Minister for Communications, Energy and Natural Resources on the internet in such form or manner as he or she thinks appropriate and the guidelines published shall specify the date from which they have effect.]

28M. F146[Report and research.

28M.—(1) The Broadcasting Authority of Ireland shall, not later than one year from the date of the commencement of this section, and every 3 years thereafter, prepare a report which shall—

• (a) describe the ownership and control arrangements for undertakings carrying on a media business in the State,

• (b) describe the changes to the ownership and control arrangements of such undertakings over the previous 3 years, and

• (c) analyse the effects of such changes on plurality of the media in the State,

and the Broadcasting Authority of Ireland shall furnish the report to the Minister for Communications, Energy and Natural Resources as soon as may be after it has been prepared.

• (2) The Minister for Communications, Energy and Natural Resources shall, as soon as reasonably practicable after the report has been prepared, cause a copy of the report to be laid before each House of the Oireachtas.

• (3) As soon as practicable after the report has been laid before each House of the Oireachtas, the Minister for Communications, Energy and Natural Resources shall publish it on the internet.

• (4) The Broadcasting Authority of Ireland shall conduct periodic methodological research on matters relating to plurality of the media, which may include the development of appropriate measurement indices, and shall record in writing and publish the results of such research.

• (5) The Broadcasting Authority of Ireland—

• (a) may conduct such other research relating to plurality of the media that it considers necessary, and

• (b) shall conduct such other research relating to plurality of the media as the Minister for Communications, Energy and Natural Resources may request,

and shall record in writing and publish the results of such research.]

28N. F147[Sharing of information and documents and disclosure of confidential information.

28N.—(1) A person shall not disclose confidential information obtained by him or her while performing functions as—

• (a) a member, an officer, or a member of the staff of, or an adviser or consultant to, the Broadcasting Authority of Ireland, or a member of the staff of such adviser or consultant, or

• (b) a member of an advisory panel established under section 28F,

unless he or she is duly authorised by the Broadcasting Authority of Ireland to so do.

• (2) Subsection (1) shall not operate to prohibit the disclosure of confidential information by a person referred to in that subsection to the Broadcasting Authority of Ireland, the advisory panel or to the Minister for Communications, Energy and Natural Resources in the circumstances referred to in subsection (3).

• (3) The Minister for Communications, Energy and Natural Resources, the Broadcasting Authority of Ireland or an advisory panel established under section 28F may share information or documents with each other if satisfied that the information or documents are required by each other for the performance of functions under this Part.

• (4) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both.

• (5) In this section—

"confidential information" includes—

• (a) information that is expressed by the undertakings involved in the merger or acquisition to be confidential either as regards particular information or as regards information of a particular class or description, and

• (b) submissions of a commercially sensitive nature made by any other person;

"public body" means—

• (a) a Department of State,

• (b) the Garda Síochána,

• (c) the Permanent Defence Force within the meaning of the Defence Act 1954,

• (d) a local authority within the meaning of the Local Government Act 2001, or

• (e) a body established by or under any enactment or charter other than the Companies Acts ;

"submissions of a commercially sensitive nature" means submissions the disclosure of which could reasonably be expected to—

• (a) substantially and materially prejudice the commercial or industrial interests of—

• (i) the person who made the submission,

• (ii) the person to whom the submission relates, or

• (iii) a class of persons in which a person referred to in subparagraph (i) or (ii) falls,

• (b) substantially prejudice the competitive position of a person in the conduct of the person’s business, profession or occupation, or

• (c) substantially prejudice the financial position of the State or a public body.]

28O. F148[Expenses in administration of Part.

28O.—The expenses incurred by the Minister for Communications, Energy and Natural Resources in the administration of this Part shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.]

PART 4 The Competition Authority

29. The Competition Authority.

29.—F149[…]

30. Functions of the Authority.

30.—F150[…]

31. Investigations of the Authority — general provisions.

31.—F151[…]

32. Prohibition on unauthorised disclosure of information.

32.—F152[…]

33. Strategic plans and work programmes.

33.—F153[…]

34. Provisions for co-operation between the Authority and statutory bodies.

34.—F154[…]

35. Membership.

35.—F155[…]

36. Disqualification.

36.—F156[…]

37. Meetings and business.

37.—F157[…]

38. Functions and accountability of chairperson.

38.—F158[…]

39. Staff.

39.—F159[…]

40. Seal of the Authority.

40.—F160[…]

41. Accounts and audits.

41.—F161[…]

42. Annual report.

42.—F162[…]

43. Grants and borrowing powers.

43.—F163[…]

44. Superannuation.

44.—F164[…]

45. Authorised officers and their powers.

45.—F165[…]

46. Relationship of Authority with foreign competition bodies.

46.—F166[…]

47. F167[Power to disclose certain information relating to offences under this Act.]

47.—F168[…]

PART 4A Performance of Functions of Commission Under this Act

47A. Function of the Commission to investigate complaints relating to the electronic communications market.

47A.—The F169[Commission for Communications Regulation] has, in addition to its other functions under this Act or any other enactment, the function of investigating, either on its own initiative or in response to a complaint made to it by any person, the existence of an agreement, decision or practice of a kind specified in section 4 F170[or Article 101 of the Treaty on the Functioning of the European Union], or the occurrence of an abuse of the kind specified in section 5 F170[or Article 102 of the Treaty on the Functioning of the European Union], involving the provision of an electronic communications service or electronic communications network, or associated facilities. ]

47B. F172[Delegation of functions of Commission.

47B.—(1) Except as provided by subsection (2), the F173[Commission for Communications Regulation] may delegate the performance of any of its functions under this Act to any member of the F173[Commission for Communications Regulation] or F173[or any member of the staff of the Commission for Communications Regulation].

• (2) The F173[Commission for Communications Regulation] may not delegate the performance of—

• (a) its function under section 4(3), or

• F174[(b) the power to prosecute an offence under section 6 or 7, or to pursue administrative sanctions proceedings or for relief under section 14.]]

47C. F175[Commission to notify Authority before acting under this Act.

47C.—Before performing any of its functions under this Act, the F176[Commission for Communications Regulation] shall notify the Authority in writing of its intention to perform that function. ]

47D. F177[ Responsibilities of Authority with respect to notifying existence of certain agreements, decisions, practices and abuses.

47D.—(1) If—

• (a) at any time the Authority suspects on reasonable grounds that there exists or has existed an agreement, decision or practice of a kind specified in section 4, or there is occurring or has occurred an abuse of the kind specified in section 5, and

• (b) it appears to the Authority that the agreement, decision or practice, or the abuse, relates to the provision of an electronic communications service or electronic communications network, or an associated facility,

it shall notify its suspicion in writing to the F178[Commission for Communications Regulation], together with particulars setting out the basis for the suspicion.

• (2) If at any time the F178[Commission for Communications Regulation] suspects on reasonable grounds that there exists or has existed an agreement, decision or practice of a kind specified in section 4, or there is occurring or has occurred an abuse of the kind specified in section 5, it shall notify that suspicion in writing to the Authority. This subsection applies irrespective of whether it appears to the F178[Commission for Communications Regulation] that the suspected breach relates to the provision of an electronic communications service or electronic communications network, or an associated facility.]

47E. F179[Authority and Commission to make every effort to settle disputed questions.

47E.—(1) The Authority and the F180[Commission for Communications Regulation] shall make every effort to settle by agreement any question arising as to which of them should perform the functions conferred on a competent authority by F181[Part 2 (section 4(3) excepted), Part 2C and Part 2D] that may relate to the provision of an electronic communications service or electronic communications network, or associated facilities.

• (2) If at any time the Authority or the F180[Commission for Communications Regulation] considers that the question cannot be resolved by agreement, it may refer the question for resolution by the Minister.

• (3) As soon as practicable after the question has been referred under subsection (2), the Minister shall determine the question and then notify the Authority and the F180[Commission for Communications Regulation] of the determination. In making a determination, the Minister shall—

• (a) consult with the Minister for Communications, Marine and Natural Resources, and

• (b) take into account any representations made with respect to the question by the Authority or the F180[Commission for Communications Regulation].

• (4) The determination of the Minister under subsection (3) is final.]

47F. F182[Undertaking not liable to be prosecuted by both Authority and Commission for same offence.

47F.—If an undertaking that provides an electronic communications service or electronic communications network, or associated facilities, is being, or has been, prosecuted for an offence under section 6 or 7 by the Authority or by the F183[Commission for Communications Regulation], the undertaking is not liable to be prosecuted for the same offence by the other of those entities. ]

47G. F184[Co-operation agreement between Authority and the Commission with respect to performing their respective functions under this Act.

47G.— (1) As soon as practicable after the commencement of this Part, the Authority and the F185[Commission for Communications Regulation] shall enter into negotiations for a co-operation agreement that will—

• (a) facilitate the performance of their respective functions under this Act, and

• (b) avoid duplicating activities by the Authority and the F185[Commission for Communications Regulation] in relation to the performance of those functions, and

• (c) ensure, as far as practicable, consistency between decisions made, and other steps taken, by the Authority and the F185[Commission for Communications Regulation] so far as any part of those decisions or steps relates to the performance of those functions.

• (2) As far as practicable, a co-operation agreement shall—

• (a) require the Authority and the F185[Commission for Communications Regulation] to consult each other before performing any of their respective functions under this Act if the performance of the functions concerned involves the same issues, and

• (b) enable the Authority and the F185[Commission for Communications Regulation] to provide each other with information in its possession if the information is required by the other to perform its functions under this Act.

• (3) The Authority and the F185[Commission for Communications Regulation] may vary a co-operation agreement by further agreement.

• (4) The Authority and the F185[Commission for Communications Regulation] shall respectively provide the Minister for Enterprise, Trade and Employment and the Minister for Communications, Marine and Natural Resources with a copy of a co-operation agreement, or a variation of such an agreement, as soon as practicable after the agreement or variation has been entered into.

• (5) A co-operation agreement, and any variation to it, is to be in writing.

• (6) As soon as practicable after a co-operation agreement, or variation of the agreement, is entered into, the Authority and the F185[Commission for Communications Regulation] shall publish in such manner as they think appropriate a notice to the effect that the agreement or variation has been entered into. The notice shall state—

• (a) that a copy of the agreement or variation can be inspected at premises of the Authority and premises of the F185[Commission for Communications Regulation], or by a means, specified in the notice, and

• (b) that a copy of the agreement or variation can be purchased from either the Authority or the F185[Commission for Communications Regulation] in a manner so specified.

However, if either the Authority or the F185[Commission for Communications Regulation] has complied with this subsection, the other of them is taken to have so complied.

• (7) As soon as practicable after a co-operation agreement, or a variation of the agreement, is entered into, the Authority shall arrange for a copy of the agreement or variation to be laid before each House of the Oireachtas.

• (8) The Authority and the F185[Commission for Communications Regulation] shall each make available to members of the public copies of a co-operation agreement, or a variation of the agreement, for inspection and for purchase (at a cost not exceeding the reasonable cost of making a copy and the cost (if any) of posting it).

• (9) If information is provided by the Authority or the F185[Commission for Communications Regulation] under a co-operation agreement to which this section applies, any enactment restricting or prohibiting the disclosure of that information by the provider of the information also applies to the receiver of the information.]

47H. F186[Liability of competent authority and associated persons and indemnity for associated persons.

47H.—(1) This section applies to the following persons:

• (a) the competent authority;

• (b) the members of the competent authority (including the chairperson);

• (c) adjudication officers under this Act;

• (d) employees of the competent authority;

• (e) agents of the competent authority.

• (2) A person to whom this section applies is not liable for damages and no proceedings may be maintained against them in which it is claimed that the person is liable in damages (whether such liability is enforceable by action or not), for anything done or omitted to be done in the performance or purported performance or exercise or purported exercise of any of their functions or powers under Parts 2C to 2G, unless it is proved that the act or omission was in bad faith.

• (3) Notwithstanding any subsequent court determination as to whether an act or omission was otherwise than in good faith, where a competent authority is satisfied that a person to whom this section applies (other than a competent authority) has discharged his or her duties in pursuance of the functions of the competent authority under Parts 2C to 2G in good faith, the competent authority may, in the manner and to the extent and subject to the terms and conditions that the competent authority may determine from time to time in consultation with the Minister, indemnify that person against all actions or claims (including as to costs) however they arise in respect of the discharge by him or her of his or her duties.]

PART 5 Miscellaneous

48. Repeals.

48.—The following are repealed:

• (a) the Industrial and Provident Societies (Amendment) Act, 1971,

• (b) the Mergers, Take-overs and Monopolies (Control) Act, 1978,

• (c) sections 24, 25 and 26 of the Restrictive Practices (Amendment) Act, 1987,

• (d) the Competition Act, 1991, and

• (e) the Competition (Amendment) Act, 1996.

49. Restrictive Practices (Groceries) Order, 1987.

49.—F187[…]

50. Protections for person reporting breaches of Act.

50.—(1) A person who, apart from this section, would be so liable shall not be liable in damages in respect of the communication, whether in writing or otherwise, by him or her to the Authority of his or her opinion that—

• (a) an offence under section 6 or 7 has been or is being committed, or

• (b) any other provision of this Act that prohibits an undertaking from doing a particular thing or things has not been or is not being complied with,

unless it is proved that he or she has not acted reasonably F188[…] in forming that opinion and communicating it to the Authority.

• (2) The reference in subsection (1) to liability in damages shall be construed as including a reference to liability to be the subject of an order providing for any other form of relief.

• F189[(2A) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]

• (3) An employer shall not penalise an employee for having formed an opinion of the kind referred to in subsection (1) and communicated it, whether in writing or otherwise, to the Authority if the employee has acted reasonably F188[…] in forming that opinion and communicating it to the Authority.

• F190[(3A) Subsection (3) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]

• (4) Schedule 3 shall have effect for the purposes of subsection (3).

• (5) A person who states to the Authority that an undertaking has committed or is committing an offence under section 6 or 7 or has failed or is failing to comply with a provision of this Act referred to in subsection (1)(b) knowing that statement to be false shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months or to both such fine and such imprisonment.

• F191[(5A) Subsection (5) does not apply to the making of a statement that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]

• (6) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under subsection (5) may be instituted within 2 years after the day on which the offence was committed or, if later, 2 years after the day on which evidence that, in the opinion of the person by whom the proceedings are brought, is sufficient to justify the bringing of the proceedings comes to that person's knowledge.

• (7) For the purposes of subsection (6), a certificate signed by or on behalf of the person bringing the proceedings as to the day on which the evidence referred to in that subsection relating to the offence concerned came to his or her knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purpose of this subsection and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate.

• (8) Subsection (1) is in addition to, and not in substitution for, any privilege or defence available in legal proceedings, by virtue of any enactment or rule of law in force immediately before the commencement of this section, in respect of the communication by a person to another (whether that other person is the Authority or not) of an opinion of the kind referred to in paragraph (a) or (b) of subsection (1).

51. Amendment of Industrial and Provident Societies Act, 1893.

51.—The Industrial and Provident Societies Act, 1893, is amended—

• (a) in section 51, by the substitution for “For the purposes of this Act” of “Subject to section 51A of this Act, for the purposes of this Act”, and

• (b) by the insertion of the following section after section 51:

“51A. In relation to special resolutions for the purposes of sections 52 and 53 of this Act, section 51 of this Act shall have effect as if—

• (a) in paragraph (a) ‘of not less than three fourths’ were deleted, and

• (b) in paragraph (b), ‘where such special resolution is passed by a majority of less than three fourths of such members,’ were inserted before ‘confirmed’.”.

52. Regulations and orders.

52.—(1) F192[Subject to subsection (3), the Minister may] by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

• (2) Every regulation under this Act and every order under this Act (other than an order under section 2, subsection (4) or (5) of section 18 F193[…] or section 27(1)) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

• F194[(3) In relation to any matter referred to in Parts 2C to 2H as prescribed, to be prescribed or otherwise to be provided for by the Minister in regulations—

• (a) where the regulations in question relate wholly to the composition, rules, procedures, staffing, functions or duties of, or any other matter relating to, the Commission, such regulations may be made by the Minister after consulting with the Minister for the Environment, Climate and Communications,

• (b) where the regulations in question relate wholly to the composition, rules, procedures, staffing, functions or duties of, or any other matter relating to, the Commission for Communications Regulation, such regulations may be made by the Minister for the Environment, Climate and Communications after consulting with the Minister, and

• (c) where the regulations in question relate jointly to the composition, rules, procedures, staffing, functions or duties of, or any other matter relating to both the Commission and the Commission for Communications Regulation, such regulations may be made by the Minister after consulting with the Minister for the Environment, Climate and Communications,

and in this Act, "relevant Minister" shall accordingly be interpreted as the Minister or the Minister for the Environment, Climate and Communications as the case may be.]

53. Expenses.

53.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

54. Provision with respect to fees payable under this Act.

54.—The Public Offices Fees Act, 1879, shall not apply to fees payable under this Act.

55. Saving and transitional provisions.

55.—Schedule 2 shall have effect for the purposes of this Act.

55A. F195[ Non-applicability of limitation periods to certain actions

55A.—(1) The matters referred to in subsection (2) may be brought, made or taken, as the case may be, by the competent authority at any time, notwithstanding—

• (a) any provision (other than section 11A) of the Statute of Limitations Act 1957, and

• (b) any provision of the Statute of Limitations (Amendment) Act 1991 .

• (2) Subsection (1) applies to the following matters:

• (a) an action under section 14A;

• (b) issuing a prohibition notice under section 15H;

• (c) a referral under section 15M.

SCHEDULE 1

Section 3.

Statutory Bodies and their responsible Ministers of the Government

F196[…]

SCHEDULE 2

Section 55.

Saving and Transitional Provisions

Continuance in office of members of the Authority

Transfer of certain staff

• (2) The Minister shall not make an order under subparagraph (1) without having notified in writing any recognised trade unions or staff associations concerned and the Authority of his or her intention to do so and considering any representations made by them or any of them in relation to the matter within such time as may be specified in the notification.

• (3) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, an officer of the Minister designated by the Minister under subparagraph (1), who is transferred by that subparagraph to the staff of the Authority shall not, while in the service of the Authority, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (other than those relating to tenure of office) than the scale of pay to which he or she was entitled and terms and conditions of service (other than those relating to tenure of office) to which he or she was subject immediately before the day on which he or she was so transferred.

• (4) Until such time as the scales of pay and the terms and conditions of service (other than those relating to tenure of office) of staff so transferred are varied by the Authority, following consultation with any recognised trade unions and staff associations concerned, the scales of pay to which they were entitled and the terms and conditions of service (other than those relating to tenure of office), restrictions, requirements and obligations to which they were subject immediately before their transfer shall continue to apply to them and may be applied or imposed by the Authority while they are in the service of the Authority. No such variation shall operate to worsen the scales of pay or the terms or conditions of service applicable to a member of such staff immediately before the day on which he or she was transferred save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned.

• (5) The terms and conditions relating to tenure of office which are granted by the Authority to a member of the staff of the Authority who was designated by the Minister and under subparagraph (1) transferred to its staff shall not, while he or she is in the service of the Authority, be less favourable to him or her than those prevailing for the time being in the civil service; any alteration in the conditions in regard to tenure of office of any such member shall not be such as to render those conditions less favourable to him or her than those prevailing in the civil service at the time of such alteration save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned. If a dispute arises between the Authority and any such member as to conditions prevailing in the civil service, the matter shall be determined by the Minister for Finance after consultation with the Minister.

• (6) In relation to staff transferred by subparagraph (1) to the staff of the Authority, previous service in the civil service shall be reckonable for the purposes of, but subject to any other exemptions or exclusions in, the Redundancy Payments Acts, 1967 to 1990, the Organisation of Working Time Act, 1997, the Minimum Notice and Terms of Employment Acts, 1973 and 1984, and the Unfair Dismissals Acts, 1977 to 1993.

• (7) In this paragraph “recognised trade union or staff association” means a trade union or staff association recognised by the Authority for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions, of employees.

Certificates, licences and notifications

• (a) every certificate issued under section 4(4) of the Competition Act, 1991, and in force immediately before that commencement shall stand revoked;

• (b) every licence granted under section 4(2) of the Competition Act, 1991, and in force immediately before that commencement (other than a licence to which subparagraph (2) applies) shall stand revoked, and

• (c) every notification made under section 7 of the Competition Act, 1991, shall cease to have effect.

• (2) Every licence granted under section 4(2) of the Competition Act, 1991, in respect of a category of agreements, decisions or concerted practices and in force immediately before the commencement of section 4 shall continue in being as if it were a declaration made under subsection (3) of the latter section and may be revoked by the Authority accordingly.

Mergers or take-overs notified before commencement of section 18, etc.

• (2) Notwithstanding the repeals effected by section 48, the provisions of the Act of 1978, and of every instrument thereunder in force immediately before the commencement of section 18, shall continue in force for the purposes mentioned in subparagraphs (3) and (4).

• (3) A merger or take-over (within the meaning of the Act of 1978) notified to the Minister in accordance with section 5 of that Act before the commencement of section 18 shall continue to be dealt with under that Act after that commencement and the provisions of that Act and of every instrument thereunder shall, accordingly, apply for that purpose.

• (4) A proposed merger or take-over prohibited either absolutely or except on conditions by virtue of section 9 of the Act of 1978 (whether such prohibition took effect before the commencement of section 18 or, in the case of a merger or take-over referred to in subparagraph (3), after that commencement) shall continue to be so prohibited indefinitely save where the Minister, by virtue of the exercise by him or her of the powers under subsection (4) of that section 9, otherwise determines.

Section 21 of Interpretation Act, 1937

SCHEDULE 3

Section 50.

Redress for Contravention of Section 50(3)

F198[5. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 50(3) shall do one or more of the following, namely—

• (a) declare that the complaint was or, as the case may be, was not well founded,

• (b) require the employer to comply with section 50(3) and, for that purpose, require the employer to take a specified course of action,

• (c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 104 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.]

F199[6A. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in paragraph 5, shall affirm, vary or set aside the decision of the adjudication officer.]

F200[SCHEDULE 4

Relevant Categories of Self-employed Worker

• (1) Actors engaged as voice-over actors

• (2) Musicians engaged as session musicians

• (3) Journalists engaged as freelance journalists]

Footnotes