REGULATION OF ARTIFICIAL INTELLIGENCE ACT 2026

“PART 2A

ADMINISTRATIVE FINES

CHAPTER 1

Interpretation

Interpretation

46A. (1) In this Part—

‘category 1 offence’ means an offence the penalties for which are specified in section 46Q(1);

‘category 2 offence’ means an offence the penalties for which are specified in section 46Q(2);

‘inquiry subject’, in relation to an investigation or other proceedings under this Part, means the person whose infringement or suspected infringement is the subject of the relevant investigation or other proceedings;

‘relevant infringement’ means an Artificial Intelligence Regulation infringement;

‘relevant investigation’ means an investigation under this Part and includes an Artificial Intelligence Regulation investigation.

• (2) A word or expression used in this Part that is also used in the Artificial Intelligence Regulation has, unless the context otherwise requires, the same meaning in this Part as it has in that Regulation.

CHAPTER 2

Relevant investigations

Commencement and terms of relevant investigation

46B. (1) If a person authorised by the Commission under subsection (2) believes there is reason to suspect that there has been a relevant infringement, the person may direct an authorised officer to carry out a relevant investigation of the suspected infringement.

• (2) The Commission may authorise any member of the Commission or any member of its staff for the purposes of subsection (1).

• (3) The person who directs the authorised officer to carry out a relevant investigation under subsection (1) shall define the terms of the relevant investigation in writing.

Investigatory powers: oral hearings

46C. (1) An authorised officer may conduct an oral hearing if he or she considers it necessary for the purposes of a relevant investigation pursuant to a direction under section 46B.

• (2) The Schedule shall have effect for the purposes of an oral hearing referred to in subsection (1).

Report of an authorised officer

46D. (1) As soon as is practicable after the completion of a relevant investigation pursuant to a direction under section 46B, an authorised officer shall prepare a draft report of the relevant investigation.

• (2) In preparing the draft report referred to in subsection (1), the authorised officer shall consider, in so far as they are applicable to the relevant investigation—

  • (a) the terms of the relevant investigation,

  • (b) any document, information or content obtained in the course of the relevant investigation,

  • (c) any statement or admission made by any person in the course of the relevant investigation, and

  • (d) any submissions made by any person for the purposes of the relevant investigation.

• (3) The authorised officer shall, as soon as is practicable after preparing the draft report, give the inquiry subject—

  • (a) a copy of the draft report,

  • (b) a copy of any material relied upon by the authorised officer in preparing the draft report,

  • (c) a copy of this section, and

  • (d) a notice in writing stating that the inquiry subject may, not later than 28 days from the date on which he or she receives the notice, or such further period as the authorised officer considers necessary, make submissions in writing to the authorised officer on the draft report.

• (4) The authorised officer shall, as soon as is practicable after the expiration of the period referred to in subsection (3)(d), and having considered any submissions made in accordance with a notice under that subsection, make any revisions to the draft report which, in the opinion of the authorised officer is warranted, and finalise the report.

• (5) An authorised officer shall not make any recommendation, or express any opinion, in a draft report under subsection (1) or in a final report under subsection (4) as to whether an administrative fine should be imposed under section 46G in the event that the Commission is satisfied that the inquiry subject has committed an Artificial Intelligence Regulation infringement, or as to the amount of any such fine imposed.

• (6) An authorised officer shall, as soon as is practicable after the draft report has been finalised under subsection (4), provide a copy of the final report to the inquiry subject.

• (7) An authorised officer shall, as soon as is practicable after the draft report has been finalised under subsection (4), provide a copy of the final report and any submissions made in accordance with a notice under subsection (3)(d) to the Commission.

• (8) An authorised officer may provide a copy of the final report and any submissions made in accordance with a notice under subsection (3)(d) to such other persons as he or she considers appropriate.

• (9) A person who receives a final report or any submissions shall not, without the prior authorisation of the Commission, disclose the existence or the content of the report or those submissions to any other person.

• (10) A person who, without reasonable excuse, contravenes subsection (9) shall be guilty of a category 1 offence.

CHAPTER 3

Decision of Commission

Division of Commission

46E. (1) The functions of the Commission in relation to the decision of the Commission upon receiving the report of an authorised officer under section 46D, and the imposing of administrative fines, shall, unless otherwise stated, be exercised by a division of the Commission consisting of such uneven number of members of the Commission, not being less than 3, as the Commission may determine.

• (2) If the person who directed that a relevant investigation be carried out under section 46B is a member of the Commission, the division exercising functions in relation to the relevant investigation shall not include that member.

Action by Commission after receiving a report

46F. (1) After the authorised officer has complied with subsections (6) and (7) of section 46D, the Commission shall, subject to subsection (2), give the inquiry subject—

- (a) a copy of this section, and

- (b) a notice in writing that the inquiry subject may make submissions in writing to the Commission on the final report to which section 46D applies within the period of 28 days from the date the inquiry subject receives the notice, or such further period as the Commission may allow.

• (2) The Commission need not comply with subsection (1) if it holds an oral hearing under subsection (3) at which the inquiry subject may make submissions to it on the final report to which section 46D applies.

• (3) The Commission shall, at any time after the authorised officer has complied with subsections (6) and (7) of section 46D, conduct an oral hearing in accordance with the Schedule if it considers necessary to do so in order for the procedures under this Part to operate fairly.

• (4) The Commission may, at any time after the authorised officer has complied with subsections (6) and (7) of section 46D, do any of the following that it considers necessary to resolve an issue of fact or otherwise enable it to make a decision under section 46G:

  • (a) request the inquiry subject to provide the Commission with further information within such period as the Commission specifies;

  • (b) request any other person to provide the Commission with further information within such period as the Commission specifies;

  • (c) for the purposes of a request under paragraph (b) or in an oral hearing under paragraph (d), provide a copy of the final report, or of part of the final report, with any redactions the Commission considers necessary, to the person the request is made to;

  • (d) conduct an oral hearing in accordance with the Schedule.

• (5) As soon as is practicable after making a request under subsection (4)(b), the Commission shall give the inquiry subject a copy of the request.

• (6) As soon as is practicable after receiving any information pursuant to a request under subsection (4)(b), the Commission shall give the inquiry subject—

  • (a) a copy of the information, and

  • (b) a notice in writing stating that the inquiry subject may make submissions in writing to the Commission on the information within the period of 28 days from the date the inquiry subject receives the notice, or such further period as the Commission may allow.

• (7) A person who receives a copy of a report, or of part of a report, under subsection (4)(c) shall not, without the prior authorisation of the Commission, disclose the existence or the content of the report to any other person.

• (8) A person who, without reasonable excuse, contravenes subsection (7) shall be guilty of a category 1 offence.

Decision by Commission

46G. (1) The Commission shall decide, in respect of a person who is the subject of a report under section 46D—

- (a) whether or not it is satisfied on the balance of probabilities that the person has committed the relevant infringement to which the relevant investigation relates, and

- (b) if so, whether or not to impose an administrative fine.

• (2) A decision under subsection (1) that the relevant infringement has been committed, or that an administrative fine shall be imposed, does not take effect unless it is confirmed on appeal under section 46L or on summary application under section 46M.

• (3) For the purposes of making a decision under subsection (1), the Commission shall consider—

  • (a) the final report provided under subsection (7) of section 46D and any submissions or views provided with the report in accordance with that subsection,

  • (b) any evidence adduced or submissions made during an oral hearing conducted under section 46F,

  • (c) any information provided as a result of a request under section 46F(4), and

  • (d) any submissions made pursuant to a notice under subsection (1) or (6) of section 46F.

• (4) In deciding under subsection (1)(b) whether or not to impose an administrative fine, the Commission shall have regard to the matters referred to in section 46K.

Notice and publication of decision of Commission

46H. (1) The Commission shall, as soon as is practicable after making a decision under section 46G, give notice in writing of the decision to the inquiry subject.

• (2) The notice under subsection (1) shall set out the decision made and the reasons for it.

• (3) If the Commission decides that a relevant infringement has occurred, the notice shall also—

  • (a) state that the decision does not take effect unless it is confirmed on appeal under section 46L or on summary application under section 46M, and

  • (b) state that, if the inquiry subject does not appeal under section 46L, the Commission shall, as soon as is practicable after the expiration of the period for the making of an appeal referred to in section 46L(1), make an application in a summary manner for confirmation of the decision under section 46M.

• (4) If the Commission decides to impose an administrative fine, the notice shall also—

  • (a) state that the inquiry subject may make submissions in relation to the application of section 46K to the determination of the amount of the fine,

  • (b) state either that—

    • (i) those submissions may be made at an oral hearing, under section 46I(2)(a), on a date specified in the notice, or

    • (ii) those submissions may be made in writing, under section 46I(2)(b), within a period specified in the notice in accordance with that section,

    and

  • (c) state that the Commission may request further information under section 46I(3).

• (5) Where the decision made under section 46G relates to a relevant infringement, the Commission may publish the decision on a website maintained by it and that publication shall include the following matters:

  • (a) the name of the inquiry subject;

  • (b) the nature of the suspected infringement to which the relevant investigation related;

  • (c) the reasons for the decision;

  • (d) such other particulars, reports or material as the Commission considers appropriate.

• (6) The Commission may provide a copy of a notice referred to in subsection (1) to—

  • (a) the Commission for Communications Regulation,

  • (b) the Data Protection Commission,

  • (c) Oifig IS na hÉireann, and

  • (d) any other person where it considers it appropriate to do so.

• (7) A person who receives a copy of a notice under subsection (6) prior to the publication of the decision under subsection (5) shall not, without the prior authorisation of the Commission, disclose the existence or the content of the notice, including any content redacted in accordance with subsection (9) from a decision published under subsection (5), to any other person.

• (8) A person who, without reasonable excuse, contravenes subsection (7) shall be guilty of a category 2 offence.

• (9) The Commission may, for the purposes of publication under subsection (5), redact any particulars which appear to the Commission—

  • (a) to be commercially sensitive, or

  • (b) to relate to the commission of an offence.

  CHAPTER 4

  Administrative fines

  Submissions and requests for information

  46I. (1) Subsections (2) and (3) apply where the Commission has made a decision under section 46G to impose an administrative fine on a person.

• (2) The person may make submissions to the Commission in relation to the application of section 46K to the determination of the amount of the fine—

  • (a) at an oral hearing held in accordance with the Schedule, where the Commission considers it necessary, or

  • (b) otherwise, in writing, within the period of 10 days from the date the person receives the notice under section 46H, or such longer period as the Commission may specify in the notice.

• (3) Where a person makes submissions to the Commission under subsection (2)(b), the Commission may by notice in writing request the person to provide, within a specified period, such further information as the Commission considers appropriate for the purposes of determining the amount of the fine.

• (4) A person who, without reasonable excuse, fails to comply with a request under subsection (3) shall be guilty of a category 2 offence.

• (5) A person shall not, in purported compliance with a request under subsection (3), give to the Commission information that is incorrect, incomplete or misleading.

Determination of amount of administrative fine

46J. (1) Where a decision is made under section 46G to impose an administrative fine, the Commission shall determine the amount of the fine in accordance with section 46K in the case of an Artificial Intelligence Regulation infringement.

• (2) The Commission shall make the determination as soon as practicable after—

  • (a) where section 46I(2)(a) applies, the date of the oral hearing referred to in that paragraph, or

  • (b) where section 46I(2)(b) applies, the expiry of the period or further period referred to in that paragraph or, if applicable, the period specified in any notice under section 46I(3),

  whether or not any submission has been made or information provided.

• (3) As soon as is practicable after making the determination, the Commission shall give the inquiry subject a notice in writing of the determination and the reasons for it.

Limitations on amount of administrative fine for infringement of Artificial Intelligence Regulation

46K. (1) In the case of an Artificial Intelligence Regulation infringement falling within Article 99(3) of the Artificial Intelligence Regulation, the amount of an administrative fine imposed under section 46G shall not exceed the amount specified in that Article.

• (2) In the case of an Artificial Intelligence Regulation infringement falling within Article 99(4) of the Artificial Intelligence Regulation, the amount of an administrative fine imposed under section 46G shall not exceed the amount specified in that Article.

• (3) In the case of an Artificial Intelligence Regulation infringement by an undertaking referred to in Article 99(6) of the Artificial Intelligence Regulation, the amount of the administrative fine imposed shall not exceed the amount referred to in that Article.

• (4) Notwithstanding subsections (1) and (2), in the case of an Artificial Intelligence Regulation infringement by a public body (within the meaning of section 10 of the Data Sharing and Governance Act 2019), the amount of the fine shall not exceed €1,000,000.

• (5) The Commission shall have regard to the matters in Article 99(7) of the Artificial Intelligence Regulation when determining the amount of the administrative fine imposed under section 46G.

• (6) The amount of an administrative fine imposed under section 46G shall—

  • (a) be proportionate to the nature of the Artificial Intelligence Regulation infringement, effective and dissuasive, and

  • (b) where relevant, take into account any guidelines issued pursuant to Article 96 of the Artificial Intelligence Regulation.

  Appeal against decision

  46L. (1) The inquiry subject to whom a decision under section 46G relates may, within 28 days from the date on which the notice referred to in section 46H is received, or where section 46J applies, within 28 days from the date on which the notice referred to in section 46J is received, appeal to the appropriate court against the decision.

• (2) The appropriate court may, by order, on the application of the inquiry subject, extend the period for the making of an appeal under subsection (1), where it is satisfied that—

  • (a) there is good and sufficient reason for doing so,

  • (b) the circumstances that resulted in the failure to bring an appeal within the period referred to in subsection (1) were outside the control of the inquiry subject, and

  • (c) an application for confirmation has not been determined under section 46M.

• (3) In considering an appeal, the appropriate court—

  • (a) shall have regard to the record of the decision the subject of the appeal, and

  • (b) may, where it considers it necessary for the fair and proper determination of the appeal, consider any evidence adduced or submission made by the inquiry subject, whether or not already adduced or made to the authorised officer or the Commission.

• (4) Subject to subsection (6), the appropriate court may, on the hearing of an appeal under subsection (1)—

  • (a) confirm the decision, or

  • (b) subject to subsection (5)—

    • (i) set aside the decision,

    • (ii) set aside the decision and replace it with such other decision as the court considers it just and appropriate to make, including a decision not to impose an administrative fine, or a decision to impose an administrative fine of a different amount, or

    • (iii) remit the decision for reconsideration by the Commission, subject to such directions as the court considers appropriate.

• (5) A decision of the Commission may not be set aside or remitted by the appropriate court under subsection (4)(b) for error of law or fact unless the appropriate court is satisfied that the Commission committed a serious and significant error in making the decision, or that the Commission committed a series of minor errors which, when taken together, amount to a serious and significant error.

• (6) For the purposes of subsection (4), section 46G and section 46K shall apply to the appropriate court and references to the Commission in those sections shall be construed as references to the appropriate court.

• (7) Where the appropriate court is the Circuit Court it may make such interim or interlocutory orders in any proceedings under subsection (1) or (2) as it considers appropriate.

• (8) The appropriate court may direct how the costs of an appeal under this section are to be borne.

• (9) In this section, ‘appropriate court’ means—

  • (a) where no administrative fine is imposed under section 46G or where the amount of any administrative fine imposed does not exceed €75,000, or such other sum as stands specified in law as that court’s jurisdiction in tort (other than personal injuries), the Circuit Court, or

  • (b) in any other case, the High Court.

  Circuit Court confirmation of decision

  46M. (1) Where the inquiry subject to whom a decision under section 46G relates does not appeal against the decision in accordance with section 46L(1), the Commission shall, as soon as is practicable after the expiration of the period referred to in section 46L(1), and on notice to the inquiry subject, make an application in a summary manner to the Circuit Court for confirmation of the decision.

• (2) On the hearing of an application under subsection (1), the Circuit Court shall confirm the decision unless it is satisfied, on the basis of the evidence that was before the Commission when making the decision—

  • (a) that the Commission made an error of law which is—

    • (i) manifest from the record of the decision, and

    • (ii) fundamental so as to deprive the decision of its basis,

    or

  • (b) that any administrative fine imposed is manifestly disproportionate.

• (3) If under subsection (2) the Circuit Court does not confirm the decision it may—

  • (a) annul the decision, or

  • (b) remit it for reconsideration by the Commission, subject to such directions as it considers appropriate.

• (4) The inquiry subject may, as soon as is practicable after receiving notice of the application under subsection (1), inform the Commission in writing that it does not intend to appear at, or make submissions at, the hearing of the application.

• (5) If an application to extend the period for the making of an appeal against a decision is made, under section 46L(2), to the High Court, the Circuit Court shall make an order staying any application under subsection (1) for the confirmation of that decision until the High Court has made a decision under section 46L(2).

• (6) If the High Court makes an order under section 46L(2), extending the period for the making of an appeal under section 46L(1) against a decision, the Circuit Court shall make an order staying any application under subsection (1) for the confirmation of that decision until the High Court has made a decision on the appeal under section 46L(4).

• (7) The Circuit Court may make such interim or interlocutory orders as it considers appropriate in any proceedings under subsection (1).

• (8) The Circuit Court may direct how the costs of an application under subsection (1) are to be borne.

Treatment of amounts paid in respect of administrative fines

46N. A payment received by the Commission of any amount due to it pursuant to a decision confirmed or made under section 46L or confirmed under section 46M shall be paid into, or disposed of for the benefit of, the Exchequer in such manner as the Minister for Finance may direct.

Reference on a question of law to High Court

46O. (1) Where a division of the Commission decides, before the making of a decision under section 46G, or where a decision is made under that section to impose an administrative fine, before the making of a determination under section 46J, to refer any question of law arising under section 46E to 46H or section 46I to 46P to the High Court, the Commission shall refer the question.

• (2) Subject to subsection (3), no appeal shall lie to the Court of Appeal from a decision of the High Court on a reference under subsection (1).

• (3) The High Court may grant leave to appeal, where it 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 Court of Appeal.

CHAPTER 5

Enforcement

Enforcement of investigatory powers by administrative fines

46P. (1) This section applies, in relation to a relevant investigation, to each of the following persons:

- (a) the inquiry subject;

- (b) a relevant person;

- (c) a member of staff or representative, or former member of staff or representative, of the inquiry subject or a relevant person,

  and ‘relevant person’ in this subsection means a person acting for purposes related to the person’s trade, business, craft or profession who may reasonably be aware of information relating to the suspected infringement to which the relevant investigation relates.

• (2) Without prejudice to section 35(8), a person to whom this section applies may, subject to subsection (3), be liable to an administrative fine in accordance with this Part which fine shall not exceed the limits referred to in Article 99(5) if in the course of a relevant investigation he or she—

  • (a) in purported compliance with a request or requirement under section 36, gives to an authorised officer information that is incorrect, incomplete or misleading, or

  • (b) fails to rectify—

    • (i) any failure on his or her part to comply with a request or requirement of an authorised officer under subsection (1)(d), (f), (g) or (h) of that section, or

    • (ii) any information which he or she has given to an authorised officer in purported compliance with a request or requirement under that section and which is incorrect, incomplete or misleading.

• (3) Where, in the course of a relevant investigation, a person other than the inquiry subject does an act or makes an omission referred to in any paragraph of subsection (2), that subsection does not authorise the imposition of an administrative fine on that person unless, before the act or omission occurred, the person was given in reasonable time by notice in writing by an authorised officer all relevant information relating to the exercise of the power, or to the request or requirement, referred to in that paragraph, including information about—

  • (a) the time within which the person was required to comply with the exercise of the power or with the request or the requirement,

  • (b) the maximum amount of the administrative fine that could be imposed on the person, and

  • (c) the effect of section 46G and the sections referred to therein, in relation to the imposition of an administrative fine.

  CHAPTER 6

  Offences and rules

  Categories of offences

  46Q. (1) A person guilty of an offence under this Part that is stated to be a category 1 offence shall be liable—

  • (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

  • (b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years, or both.

• (2) A person guilty of an offence under this Part or the Schedule that is stated to be a category 2 offence shall be liable—

  • (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

  • (b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years, or both.

  Rules

  46R. (1) Subject to the provisions of this Part and the Schedule, the Commission may make rules providing for the conduct of relevant investigations under this Part and the conduct of its proceedings under Chapters 3 and 4.

• (2) In making rules under subsection (1), the Commission shall have regard to the need for fairness and efficiency in the conduct of such relevant investigations and proceedings, in particular the need to address conflicts of interest which may arise in investigations or proceedings or the exercise of powers.

• (3) The Commission shall publish rules made under subsection (1) on a website maintained by it.”.

137. Schedule: oral hearings (Act of 2014)

137. The Act of 2014 is amended by the insertion of Schedule 4 to this Act as a Schedule to that Act.

PART 10 Miscellaneous Amendments

138. Amendment of section 10 of Communications Regulation Act 2002

138. Section 10 of the Communications Regulation Act 2002 is amended, in subsection (1), by the insertion of the following paragraph after paragraph (ag):

• “(ah) to monitor and ensure compliance with the Regulation of Artificial Intelligence Act 2026 and Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024⁹ laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act),”.

139. Amendment of Freedom of Information Act 2014

139. The Freedom of Information Act 2014 is amended, in Part 1 of Schedule 1, by the insertion of the following paragraph after paragraph (z):

• “(za) Oifig IS na hÉireann, in the performance of its functions under the Regulation of Artificial Intelligence Act 2026, other than in so far as it relates to records concerning the general administration of those functions.”.

SCHEDULE 1 Oral Hearings

Section 91

“adjudicator” has the same meaning that it has in Part 6;

“applicable market surveillance authority” has the same meaning as it has in Part 6;

“relevant equipment” means any electronic, photographic, magnetic, optical or other equipment, including a computer, which may be used for processing or holding relevant material;

“relevant material” means any document, information, or content, however communicated, recorded or stored, which may be relevant to a matter to which the oral hearing relates;

“remote hearing” means a hearing in which—

• (a) the parties concerned (within the meaning of Part 6) and the adjudicator are not all in the one place, and

• (b) one or more of them participate in the hearing by means of electronic communications technology permitting real time transmission and real time two-way audiovisual, or audio, communications.

• (a) to give evidence in respect of any matter in issue, or

• (b) to produce any relevant material or relevant equipment that is within the person’s possession or control or which the person is able to procure.

• (a) is bound by the rules of evidence in the conduct of an oral hearing, and

• (b) shall have regard to rules made under section 93.

• (a) hold an oral hearing otherwise than in public, or partly otherwise than in public, or

• (b) require that information is not disclosed in an oral hearing, or not otherwise published or reported where the applicable market surveillance authority in the matter considers that—

• (i) the information is commercially sensitive,

• (ii) publication of the information may prejudice an ongoing investigation by An Garda Síochána or any public body, or

• (iii) the information is personal data.

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

• (b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years, or both.

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

SCHEDULE 2 Assignment of Adjudicator

Section 83

• (a) the adjudicator appearing first numerically on the register referred to in Schedule 3 (in this Schedule referred to as “the register”), shall be assigned unless paragraph 2 or 3 applies to that adjudicator;

• (b) where paragraph 2 or 3 applies to the adjudicator appearing first numerically on the register, the Office shall assign the adjudicator appearing next numerically on the register to whom paragraph 2 or 3 does not apply;

• (c) where the adjudicator most recently assigned is the adjudicator appearing last on the register, the next available adjudicator shall, subject to clause (b), be the adjudicator appearing first numerically on the register.

• (a) already assigned in relation to a matter under this Act, or

• (b) otherwise unable to carry out their functions as an adjudicator.

SCHEDULE 3 Register of Adjudicators

Section 120

The Office shall ensure the following in relation to the register referred to in section 120:

SCHEDULE 4 Oral Hearings (Act of 2014)

Section 137

“SCHEDULE

Section 46C

ORAL HEARINGS

1. (1) This Schedule applies to an oral hearing under section 46C, 46F(3) or (4)(d) or 46I(2)(a).

2. (2) In this Schedule—

‘conducting authority’ means—

- (a) in relation to an oral hearing under section 46C, the authorised officer conducting the hearing, and

- (b) in relation to an oral hearing under section 46F(3) or (4)(d) or 46I(2)(a), the Commission;

  ‘relevant equipment’ means any electronic, photographic, magnetic, optical or other equipment, including a computer, which may be used for processing or holding relevant material;

  ‘relevant material’ means any document, information or content, however communicated, recorded or stored, which may be relevant to a matter to which the oral hearing relates;

  ‘remote hearing’ means a hearing in which—

- (a) the participants, including the conducting authority, are not all in one place, and

- (b) one or more of them participate in the hearing by means of electronic communications technology permitting real time transmission and real time two-way audiovisual, or audio, communications.

• (3) This Schedule is without prejudice to section 18.

• The conducting authority may by notice in writing require a person to attend or participate in an oral hearing at a time and place specified in the notice—

  • (a) to give evidence in respect of any matter in issue, or

  • (b) to produce any relevant material or relevant equipment which is within the person’s possession or control or which the person can procure.

  • At an oral hearing, the conducting authority may take evidence on oath or affirmation and may administer an oath for that purpose.

  • (1) The conducting authority may allow a witness at an oral hearing to give evidence by tendering a written statement.

• (2) A statement tendered under subparagraph (1) shall be verified by oath or affirmation.

• A person giving evidence at an oral hearing, including an authorised officer, may be examined and cross-examined at the oral hearing.

• The conducting authority is bound by the rules of evidence in the conduct of an oral hearing, subject to such exceptions to the rule against hearsay evidence as may be provided for by rules under section 46R.

• A person to whom notice is given under paragraph 2 shall be entitled to the same immunities and privileges in respect of compliance with any requirement referred to in that paragraph as if the person were a witness before the High Court.

• Where a person to whom notice is given under paragraph 2 does not comply with a requirement referred to in that paragraph, the conducting authority may apply in a summary manner to the Circuit Court, on notice to that person, for an order requiring the person to comply with the requirement within a period to be specified by the court, and the court may make the order sought or such other order as it thinks fit or refuse to make any order.

• Nothing in this Schedule shall compel the disclosure by any person of any information that the person would be entitled to refuse to produce on the grounds of legal professional privilege or authorises the inspection or copying of any document containing such information that is in the person’s possession.

• The conducting authority, where it is satisfied that special circumstances arise which so necessitate, may—

  • (a) hold an oral hearing otherwise than in public, or partly otherwise than in public, or

  • (b) require that any information is not disclosed in an oral hearing, or not otherwise published or reported where the Commission considers that—

    • (i) it is commercially sensitive,

    • (ii) its publication may prejudice an ongoing investigation by the Commission, An Garda Síochána or any other public body, or

    • (iii) it is personal data.

    • The Commission may pay or reimburse out of moneys at its disposal, in whole or in part, the reasonable travelling and subsistence expenses of a person required to attend an oral hearing.

    • An oral hearing may be held by remote hearing.

    • A person who, without reasonable excuse, knowingly gives false or misleading evidence on oath or affirmation shall be guilty of 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 both, or

  • (b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years, or both.

  • A person who does not comply with a requirement under paragraph 2 or paragraph 10(b) shall be guilty of a category 2 offence.

  • Without prejudice to paragraph 13, a person may be liable to an administrative fine in accordance with Part 2A if in an oral hearing where the suspected infringement is a relevant infringement, he or she knowingly gives incorrect, incomplete or misleading evidence on oath or affirmation.

  • A statement or admission made by a person in the course of an oral hearing shall not be admissible in evidence in proceedings brought against the person for an offence, other than an offence under paragraph 13, and this shall be explained to the person in ordinary language by the conducting authority.”.

Footnotes