Telecommunications (Miscellaneous Provisions) Act 1996
Interpretation.
1.—(1) In this Act, except where the context otherwise requires—
F1[ “Commission” means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002;]
“the company” means Bord Telecom Éireann;
F2[…]
“functions” includes powers and duties;
“the Minister” means the Minister for Transport, Energy and Communications;
“records” includes information stored electronically;
“the Principal Act” means the Postal and Telecommunications Services Act, 1983.
(2) A reference in this Act to a section, subsection or a Schedule is a reference to a section of, or subsection of, or Schedule to this Act, unless it is indicated that reference to some other Act is intended.
(3) A reference in this Act to any enactment, unless the context otherwise requires, shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.
(4) A reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of powers and the carrying out of duties.
Annotations
Amendments:
F1
Inserted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 10 item 1(a), S.I. No. 224 of 2007.
F2
Repealed (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 10 item 1(b), S.I. No. 224 of 2007.
Modifications (not altering text):
C2
Functions transferred and references to Minister of and Department for Environment, Climate and Communications construed as Minister of and Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media (1.06.2025) by Telecommunications (Transfer of Departmental Administration and Ministerial Functions) Order 2025 (S.I. No. 237 of 2025), arts. 2, 3, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media.
(2) References to the Department of the Environment, Climate and Communications contained in any Act or any instrument made under an Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media.
3. (1) The functions vested in the Minister for the Environment, Climate and Communications –
(a) by or under the Acts or provisions of the Acts mentioned in Part 1 of the Schedule,
(b) Under the Regulations or provisions of the Regulations mentioned in Part 2 of that Schedule,
are transferred to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media.
(2) References to the Minister for the Environment, Climate and Communications contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media.
...
Note change of name of Minister for and Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media to
• Culture, Communications and Sport (2.06.2025) by Tourism, Culture, Arts, Gaeltacht, Sport and Media (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 236 of 2025), in effect as per art. 1(2).
C3
Functions transferred from the Director to the Commission and reference construed by Communications Regulation Act 2002 (20/2002), s. 9 and sch. 1 part 1 item 9, as substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 18, S.I. No. 224 of 2007.
Transfer of functions.
9.—(1) On the establishment day there is transferred to the Commission the functions of the Director by or under—
(a) each of the provisions mentioned in column (3) of Part 1 of Schedule 1 of the enactments mentioned in column (2) of that Part opposite the mention of that provision, and
...
(4) Reference in a transferred function to the Director or the Minister (construed by virtue of section 4 of the Act of 1996 as a reference to the Director) shall, from the establishment day, be construed as a reference to the Commission.
[SCHEDULE 1
Related Enactments for the Purposes of this Act
PART 1
Acts
...
(9) the Telecommunications (Miscellaneous Provisions) Act 1996, sections 1 and 7 (subsection (5) excepted).
...]
Editorial Notes:
E1
Previous affecting provision: functions transferred and references to the Minister for and Department of Public Enterprise construed as Minister for and Department of Marine and Natural Resources (18.06.2002) by Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 300 of 2002), arts. 3, 4 and sch. 1 part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9; superseded as per C-note above.
Note change of name of Minister for and Department of Marine and Natural Resources to
• Communications, Marine and Natural Resources (19.06.2002) by Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 307 of 2002), in effect as per art. 1(2);
• Communications, Energy and Natural Resources (20.10.2007) by Communications, Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2007 (S.I. No. 706 of 2007), in effect as per art. 1(2);
• Communications, Climate Action and Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016), in effect as per art. 1(2);
• Environment, Climate and Communications (24.09.2020) by Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 373 of 2020), in effect as per art. 1(2).
E2
Previous affecting provision: name of Minister for and Department of Transport, Energy and Communications changed to Public Enterprise (12.07.1997) by Transport, Energy and Communications (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 299 of 1997), in effect as per art. 1(2); superseded as per E-note above.