LegalizeCommunications Regulation (Amendment) Act 2007
This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.
6 amending acts · 2025-06-03, S.I. No. 237/2025 - Telecommunications (Transfer of Departmental Administration and Minis…
Act to amend the Communications Regulation Act 2002 to confer additional functions on the Comission for Communications Regulation; to make further provision for the enforcement of that Act; to provide for the establishment and operation of an Emergency Call Answering Service (ECAS); to amend the Electronic Commerce Act 2000 with respect to the registration of domain names; and to make consequential amendments to certain other acts and to provide for related matters
| Item | Provision affected | Amendment |
| 1. | Regulation 2 | In paragraph (1)― (a) substitute the following definition for the definition of “Commission”: “ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”, (b) delete the definition of “Director”, (c) in the definition of “notified body”, substitute “the European Commission” for “the Commission”. |
| 2. | Regulation 4 | (a) Substitute “European Commission” for “Commission”, wherever occurring. (b) Substitute “the Commission” for “the Director”, wherever occurring. |
| 3. | Regulation 5 | (a) Substitute the following paragraph for paragraph (4): “(4) An operator shall ensure that publication under the obligations of this Regulation accord with any requirements or instructions specified by the Commission from time to time.”. (b) Substitute “the Commission shall notify the European Commission” for “the Director shall notify the Commission”. |
| 4. | Regulation 6 | Substitute “the Commission” for “the Director”, wherever occurring. |
| 5. | Regulation 7 | (a) In paragraph (2), substitute “the Commission” for “the Director”, wherever occurring. (b) Substitute the following paragraphs for paragraphs (4) and (5): “(4) An operator who disconnects apparatus in accordance with paragraph (3) shall immediately inform the Commission of the disconnection. As soon as practicable after being asked to do so by the Commission, the operator shall provide the Commission with such relevant information concerning the disconnection as it specifies. (5) As soon as practicable after issuing an authorisation under paragraph (2), the Commission shall notify to the European Commission of the authorisation.”. |
| 6. | Regulation 9 | Substitute the following Regulation: “9.―(1) The Commission may, from time to time, appoint such persons as it considers necessary to be notified bodies under these Regulations, having regard to the criteria specified in Annex VI to the Directive. In making such an appointment, the Commission may attach such conditions as it considers appropriate. (2) The Commission shall inform the European Commission and the other Member States of the names of the notified bodies appointed under paragraph (1). (3) An appointment under paragraph (1) may be for a fixed or indefinite period. The Commission― (a) may at any time revoke an appointment, and (b) shall revoke an appointment if it reasonably believes that the notified body in the State does not meet or has ceased to meet the conditions referred to in paragraph (1). (4) The Commission may― (a) amend or revoke any or all of the conditions (if any) attached under paragraph (1) to an appointment made under that paragraph, or (b) attach additional conditions from time to time to such appointment for the efficient and proper functioning of the body in question. (5) As soon as practicable after an appointment has been revoked under paragraph (4), the Commission shall notify the revocation to the European Commission and the other Member States.”. |
| 7. | Regulation 11 | (a) Substitute the following paragraphs for paragraphs (1) to (4): “(1) If of the opinion that― (a) any apparatus to which these Regulations apply does not comply with these Regulations, or (b) radio equipment has caused or may cause harmful interference, the Commission may direct the person concerned to take one or more of the actions specified in paragraph (2). (2) The following actions are specified for the purpose of paragraph (1): (a) to withdraw the apparatus or equipment from the market or from service; (b) not to place the apparatus or equipment on the market, or to put it into service; (c) not to move the apparatus or equipment or any part of it; (d) to do or not to do any other thing in order to comply with these Regulations and the Directive. (3) The Commission may take any other appropriate measures, including the seizing and removing of apparatus or radio equipment from the market to ensure compliance with these Regulations and the avoidance of harmful interference. (4) The Commission shall give the opportunity to any person to whom it has given a direction, or who is otherwise affected by measures taken by the Commission under this Regulation, to make representations to the Commission about the direction or measures. If, because of the urgency of the matter, this opportunity is not given before the direction is given or other measures are taken, the Commission shall give such an opportunity as soon as possible afterwards. (4A) A direction given under this Regulation is to be in writing and— (a) state the reasons upon which it is based, and |
| (b) inform the person of the right of appeal under Regulation 13. (4B) If it considers it appropriate to do so, the Commission may withdraw, or amend by a further direction in writing, any direction given under this Regulation.”. (b) Substitute the following paragraph for paragraph (7): “(7) The Commission shall, in accordance with Article 9 of the Directive, notify the European Commission of any relevant direction or other measures taken under this Regulation.”. (c) In paragraph (8), substitute “the Commission” for “the Director”. | ||
| 8. | Regulation 13 | In paragraph (3), substitute “the Commission” for “the Director”. |
| 9. | Regulation 14 | Substitute the following Regulation: “14.―(1) If of the opinion that apparatus to which these Regulations apply— (a) is being or may be placed on the market, and (b) is likely to cause serious injury or damage to property or harmful interference, the Commission may apply to the High Court for an order under paragraph (4). Such an application is to be by motion. (2) The High Court may hear the application only if it is satisfied that a copy of the application has been served on the person alleged to be responsible for placing or proposing to place the apparatus on the market. On being served with such a copy, the person becomes the respondent to the application. (3) The High Court may make such interim or interlocutory order as it considers appropriate pending determination of an application made under paragraph (1). The Court may not refuse interim or interlocutory relief merely because the Commission may not suffer damage if relief were not granted pending determination of the application. (4) On hearing an application made under paragraph (1), the High Court may, if it considers it appropriate to do so, make either or both of the following orders: (a) if it appears to the Court that the respondent has placed the apparatus on the market, an order requiring the respondent to withdraw the apparatus from the market; or (b) if it appears to the Court that the respondent is proposing or continuing to place the apparatus on the market, an order prohibiting the respondent from doing or continuing to do so. (5) If the High Court makes an order under paragraph (4), it may make such ancillary orders as it considers appropriate.”. |
| 10. | Regulation 15 | (a) Substitute the following paragraph for paragraph (1): “(1) The Commission may appoint such and so many of its officers or officers of the Director of Consumer Affairs or any other persons whom it considers to be suitably qualified to be authorised officers for the purpose of these Regulations and the Directive.”. (b) In paragraph (3), substitute “enabling the Commission to perform its functions” for “enabling the Director to exercise his or her functions”. (c) Substitute the following subparagraph for paragraph (3)(c): “(c) require any person who is on or employed at, or who is apparently the owner or in charge of, the premises, place, vehicle, vessel or aircraft― (i) to give the officer such information, or (ii) to produce to the officer such books, records or other documents in the possession or under the control of the person, as the officer or the Commission reasonably requires for the performance of the functions of the officer or Commission under these Regulations;”. |
| 11. | Regulation 17 | Substitute the following paragraphs for paragraphs (1) and (2): “(1) As soon as practicable after completing such an examination, the Commission or designated person shall return the thing to the authorised officer concerned or to any other authorised officer to whom duties are, for the time being, assigned in relation to the matter concerned. (2) If an authorised officer reasonably believes that a thing referred to in paragraph (1) is evidence of, or relates to, an offence under these Regulations (whether as a result of an examination referred to in that paragraph or not), the officer may retain the thing― (a) for such period from the date of seizure as is reasonable, or (b) if proceedings are commenced under these Regulations in which the thing is to be used in evidence, until the conclusion of those proceedings. As soon as practicable after the end of that period, or the conclusion of those proceedings, the officer, or some other authorised officer to whom duties are for the time being assigned in relation to the matter, shall deliver the thing to such person as, in the opinion of the officer, is the owner of the thing.”. |
| 12. | Regulation 18 | In paragraph (3), substitute “by the Commission” for “by the Director”. |
| 13. | Schedule 1 | (a) Insert the following heading after Regulation 21: “Schedule 1”. (b) In item 5 of the matter headed “MARKING OF EQUIPMENT”, substitute “the European Commission” for “the Commission”. |
SCHEDULE 3 Savings and Transitional Provisions
Section 4(4).
Interpretation: Schedule 3.
1.
In this Schedule—
“Commission” has the same meaning as it has in the Principal Act;
“Director” means the Director of Telecommunications Regulation who was, immediately before the commencement of section 9 of the Principal Act, holding office as such under the Telecommunications (Miscellaneous Provisions) Act 1996;
“relevant day”—
- (a) in relation to a function transferred to the Commission under section 9 of the Principal Act (as in force immediately before the commencement of section 4 of this Act), means the establishment day referred to in that section, or
- (b) in relation to any other matter, means the day on which section 4 of this Act came into operation;
“relevant Minister” means the Minister for Public Enterprise or any Minister to whom the functions of that Minister have been subsequently transferred.
Orders made before relevant day.
2.
If—
- (a) an order made by a Minister under an Act or statutory instrument amended by this Act was in force immediately before the relevant day, and
- (b) the Commission would have power to make such an order under that Act or statutory instrument as in force on and after that day,
the order continues in force on and after that day and may, subject to that Act or instrument, be amended or revoked by the Commission.
Appointments made before relevant day.
3.
If—
- (a) a person appointed to an office or position under an Act or statutory instrument amended by this Act was holding the office or position immediately before the relevant day, and
- (b) the Commission could have appointed the person under the amended Act or statutory instrument as in force on and after that day,
the person continues to hold the office or position on and after that day for the remainder of the period for which, and subject to the same terms and conditions on which, the person was originally appointed.
Legal proceedings started before relevant day.
4.
(1) If—
- (a) civil proceedings brought or defended by the Director or the relevant Minister under an Act or statutory instrument amended by this Act were pending immediately before the relevant day, and
- (b) the Commission could have brought or defended those proceedings under that Act or statutory instrument as in force on and after that commencement,
then, on that commencement, the Commission becomes the plaintiff or defendant in those proceedings and may pursue or defend them accordingly.
- (2) If—
- (a) immediately before the relevant day, criminal proceedings brought by or under the authority of the Director or the relevant Minister were pending under an Act or statutory instrument amended by this Act, and
- (b) the Commission could have brought or defended those proceedings under that Act or statutory instrument as in force on and after that day,
then, on that day, the Commission becomes the plaintiff or prosecutor in those proceedings and the Commission may continue to prosecute those proceedings accordingly.
Documents created before relevant day.
5.
(1) If—
- (a) a document (such as a notice, record, certificate or licence) granted or made by the Director or the relevant Minister under an Act or statutory instrument amended by this Act was effective immediately before the relevant day, and
- (b) the document could have been granted or made by the Commission under the Act or statutory instrument on or after that day,
the document continues to have effect on and after that day as if it had been granted or made by the Commission.
- (2) If a document that continues to have effect because of subparagraph (1) was, immediately before the relevant day, in the possession of the Director or the relevant Minister and the document remained in the possession of a person other than the Commission on and after that day, the person shall deliver the document to the Commission as soon as practicable after the commencement of this paragraph.
Acts done and not completed before relevant commencement.
6.
Without limiting paragraphs 2, 3 and 4 of this Schedule, if—
- (a) an act done by the Director or the relevant Minister under an Act or statutory instrument amended by this Act was not completed before the relevant day, and
- (b) the act could be lawfully done by or under the authority of the Commission under the Act or statutory instrument as in force on and after that day,
the act may be continued and completed by the Commission.
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