Communications Regulation Act 2002


Number 20 of 2002


COMMUNICATIONS REGULATION ACT 2002

REVISED

Updated to 21 March 2017


This Revised Act is an administrative consolidation of Communications Regulation Act 2002. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), enacted 15 March 2017, and all statutory instruments up to and including Communications Regulation (Postal Services) (Amendment) Act 2017 (Commencement) Order 2017 (S.I. No. 119 of 2017), made 21 March 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 20 of 2002


COMMUNICATIONS REGULATION ACT 2002

REVISED

Updated to 21 March 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Communications Regulation Acts 2002 to 2017 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Communications Regulation (Postal Services) (Amendment) Act 2017 (3/2017), s. 3(3)). The Acts in this group are:

Communications Regulation Act 2002 (20/2002)

Communications Regulation (Amendment) Act 2007 (22/2007)

Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010)

Communications Regulation (Postal Services) Act 2011 (21/2011), other than ss. 62 to 65 and Part 4

Communications Regulation (Postal Services) (Amendment) Act 2015 (20/2015)

Communications Regulation (Postal Services) (Amendment) Act 2017 (3/2017)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1996, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Communications Regulation (Postal Services) (Amendment) Act 2017 (3/2017)

Freedom of Information Act 2014 (30/2014)

Competition and Consumer Protection Act 2014 (29/2014)

Protected Disclosures Act 2014 (14/2014)

Communications Regulation (Postal Services) Act 2011 (21/2011)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010)

Broadcasting Act 2009 (18/2009)

Communications Regulation (Amendment) Act 2007 (22/2007)

Broadcasting (Amendment) Act 2007 (15/2007)

Digital Hub Development Agency Act 2003 (23/2002)

All Acts up to and including Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (4/2017), enacted 15 March 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Reduction of Cost of Deploying High-Speed Public Communications Networks) Regulations 2016 (S.I. No. 391 of 2016)

Wireless Telegraphy (Interim GSM Mobile Telephony Licence) Regulations 2014 (S.I. No. 554 of 2014)

European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations 2014 (S.I. No. 336 of 2014)

Wireless Telegraphy (Licensing of Telemetry Systems) Regulations 2014 (S.I. No. 240 of 2014)

Wireless Telegraphy (Transfer of Spectrum Rights of Use) Regulations 2014 (S.I. No. 34 of 2014)

Wireless Telegraphy (1800 MHz and Preparatory Licences in the 1800 MHz Band) Regulations 2013 (S.I. No. 563 of 2013)

European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013)

Communications (Mobile Telephone Roaming) Regulations 2013 (S.I. No. 228 of 2013)

Wireless Telegraphy (Broadband Wireless Access Local Area Licence) Regulations 2013 (S.I. No. 214 of 2013)

Wireless Telegraphy (GSM for Railway Licence) Regulations 2013 (S.I. No. 213 of 2013)

Communications Regulation Act 2002 (Section 30) Postal Levy Order 2013 (S.I. No. 181 of 2013)

Wireless Telegraphy (Interim GSM Mobile Telephony Licence) (Amendment) Regulations 2013 (S.I. No. 19 of 2013)

Wireless Telegraphy (Liberalised Use and Preparatory Licences in the 800 MHz, 900 MHz and 1800 MHz bands) Regulations 2012 (S.I. No. 251 of 2012)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

European Communities (Electronic Communications Networks and Services) (Universal Service and Users' Rights) Regulations 2011 (S.I. No. 337 of 2011)

European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (S.I. No. 336 of 2011)

European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011)

European Communities (Electronic Communications Networks and Services) (Access) Regulations 2011 (S.I. No. 334 of 2011)

European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011 (S.I. No. 333 of 2011)

Wireless Telegraphy (Interim GSM Mobile Telephony Licence) Regulations 2011 (S.I. No. 189 of 2011)

Communications Regulation Acts 2002 to 2010 (Section 30) Premium Rate Services Interim Levy Order 2010 (S.I. No. 339 of 2010)

Communications (Mobile Telephone Roaming) (Amendment) Regulations 2010 (S.I. No. 156 of 2010)

Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations 2009 (S.I. No. 445 of 2009)

Wireless Telegraphy (Radio Link Licence) Regulations 2009 (S.I. No. 370 of 2009)

Wireless Telegraphy (Radiodetermination, Air Traffic and Maritime Services) Regulations 2009 (S.I. No. 369 of 2009)

Wireless Telegraphy (Aircraft Station Licence) Regulations 2009 (S.I. No. 193 of 2009)

Wireless Telegraphy (Amateur Station Licence) Regulations 2009 (S.I. No. 192 of 2009)

Broadcasting Amendment Act 2007 Digital Sound Broadcasting Licence Fees Regulations 2009 (S.I. No. 80 of 2009)

European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) (Amendment) Regulations 2008 (S.I. No. 526 of 2008)

Wireless Telegraphy (Use of the Band 380-400Mhz By Emergency Services) Regulations 2008 (S.I. No. 324 of 2008)

Wireless Telegraphy (Digital Terrestrial Television Licence) Regulations 2008 (S.I. No. 198 of 2008)

European Communities (Postal Services) (Amendment) Regulations 2008 (S.I. No. 135 of 2008)

Roads and Road Vehicles (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 815 of 2007)

Broadcasting Amendment Act (Digital Terrestrial Television Licence Fees) Regulations 2007 (S.I. No. 796 of 2007)

Communications (Mobile Telephone Roaming) Regulations 2007 (S.I. No. 792 of 2007)

Wireless Telegraphy (National Point-to-Point and Point-to-Multipoint Block Licences) Regulations 2007 (S.I. No. 762 of 2007)

European Communities (Electronic Communications Networks and Services) (Universal Service and Users Rights) (Amendment) Regulations 2007 (S.I. No. 374 of 2007)

European Communities (Electronic Communications Networks and Services) (Access)(Amendment) Regulations 2007 (S.I. No. 373 of 2007)

European Communities (Electronic Communications Networks and Services) (Authorisation) (Amendment) Regulations 2007 (S.I. No. 372 of 2007)

Wireless Telegraphy (Fixed Satellite Earth Stations and Teleport Facility) Regulations 2007 (S.I. No. 295 of 2007)

European Communities (Electronic Communications Networks and Services) (Framework) (Amendment) Regulations 2007 (S.I. No. 271 of 2007)

Wireless Telegraphy (1785 - 1805 MHz Wireless Access Platform for Electronic Communications Services) Regulations 2007 (S.I. No. 172 of 2007)

European Communities (Electromagnetic Compatibility) Regulations 2007 (S.I. No. 109 of 2007)

Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations 2006 (S.I. No. 645 of 2006)

Wireless Telegraphy (Ship Station Radio Licence) Regulations 2006 (S.I. No. 414 of 2006)

Wireless Telegraphy (Wireless Public Address System) Regulations 2006 (S.I. No. 304 of 2006)

Wireless Telegraphy (National Point-to-Point and Point-to-Multipoint Block Licences) Regulations 2006 (S.I. No. 296 of 2006)

Wireless Telegraphy (Third Party Business Radio Licence) Regulations 2005 (S.I. No. 646 of 2005)

Wireless Telegraphy (Wideband Digital Mobile Data Services) Regulations 2005 (S.I. No. 642 of 2005)

Communications Regulation Act 2002 (Section 30) Postal Levy Order 2005 (S.I. No. 319 of 2005)

Wireless Telegraphy (Third Party Trial Licence) Regulations 2005 (S.I. No. 114 of 2005)

Wireless Telegraphy (Research and Development Licence) Regulations 2005 (S.I. No. 113 of 2005)

Communications Regulation Act 2002 (Section 30) Postal Levy Order 2004 (S.I. No. 401 of 2004)

Communications Regulation Act 2002 (Section 30) Postal Levy Order 2003 (S.I. No. 733 of 2003)

Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations 2003 (S.I. No. 675 of 2003)

European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 (S.I. No. 535 of 2003)

Wireless Telegraphy (Fixed Wireless Access Local Area Licence) (Amendment) Regulations 2003 (S.I. No. 530 of 2003)

Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations 2003 (S.I. No. 529 of 2003)

Wireless Telegraphy (Uhf Television Programme Retransmission)(Amendment) Regulations 2003 (S.I. No. 507 of 2003)

Wireless Telegraphy (Carrigaline Uhf Television Programme Retransmission)(Amendment) Regulations 2003 (S.I. No. 506 of 2003)

Communications Regulation Act 2002 (Section 30) (Amendment) Levy Order 2003 (S.I. No. 392 of 2003)

Communications Regulation Act 2002 (Section 30) Levy Order 2003 (S.I. No. 346 of 2003)

Wireless Telegraphy (Third Generation and Gsm Mobile Telephony Licence) (Amendment) Regulations 2003 (S.I. No. 340 of 2003)

Wireless Telegraphy (Gsm Mobile Telephony Licence)(Amendment) Regulations 2003 (S.I. No. 339 of 2003)

Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) (Amendment)(No.2) Regulations 2003 (S.I. No. 338 of 2003)

Communications Regulation Act 2002 (Notice of Intention To Prosecute) Regulations 2003 (S.I. No. 318 of 2003)

European Communities (Electronic Communications Networks and Services)(Universal Service and Users’ Rights) Regulations 2003 (S.I. No. 308 of 2003)

European Communities (Electronic Communications Networks and Services)(Framework) Regulations 2003 (S.I. No. 307 of 2003)

European Communities (Electronic Communications Networks and Services)(Authorisation) Regulations 2003 (S.I. No. 306 of 2003)

European Communities (Electronic Communications Networks and Services)(Access) Regulations 2003 (S.I. No. 305 of 2003)

Wireless Telegraphy (Fixed Wireless Access Local Area Licence) Regulations 2003 (S.I. No. 79 of 2003)

Communications Regulation Act 2002 (Establishment Day) Order 2002 (S.I. No. 510 of 2002)

Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 300 of 2002)

All statutory instruments up to and including Communications Regulation (Postal Services) (Amendment) Act 2017 (Commencement) Order 2017 (S.I. No. 119 of 2017), made 21 March 2017, were considered in the preparation of this revision.


Number 20 of 2002


COMMUNICATIONS REGULATION ACT 2002

REVISED

Updated to 21 March 2017


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title.

2.

Interpretation.

3.

Laying of orders and regulations before Houses of Oireachtas.

4.

Establishment day.

5.

Expenses.

PART 2

Commission for Communications Regulation

6.

Establishment of Commission.

7.

Seal of Commission.

8.

Dissolution of Office of Director of Telecommunications Regulation.

9.

Transfer of functions.

10.

Functions of Commission.

11.

Independence of Commission.

12.

Objectives of Commission.

13.

Directions by Minister.

13A.

Purpose of sections 13B and 13C.

13B.

Power of Minister to obtain information from Commission.

13C.

Power of Minister to obtain information from undertaking.

13D.

Power of Commission to obtain information from undertaking.

13E.

Alternative procedure for enforcement of section 13C or 13D.

13F.

Power of Commission to obtain information from postal service provider.

13G.

Alternative procedure for enforcement of section 13F.

14.

Composition and procedure of Commission.

15.

Appointment and term of office of Commissioners.

16.

Appointment of Chairperson of Commission.

17.

Deputy commissioner.

18.

Resignation and removal of Commissioners.

19.

Restrictions relating to Commissioners.

20.

Staff of Commission.

21.

Performance of certain functions by staff.

22.

Consultants.

23.

Membership of Houses of Oireachtas or European Parliament by staff.

24.

Prohibition on unauthorised disclosure of information.

24A.

Protection of whistleblowers.

24B.

Tortious liability of undertaking or associate for victimising whistleblower.

24C.

Offence to make false disclosure.

25.

Disclosure of interests.

26.

Superannuation of Commissioners.

27.

Superannuation of staff.

28.

Advances by Minister to Commission.

29.

Borrowings.

30.

Levies and fees.

31.

Strategy statements.

31A.

Financial year of Commission.

31B.

Commission to prepare annual action plan.

31C.

Commission to prepare annual financial forecast.

32.

Accounts and annual report.

33.

Code of financial management.

34.

Accountability of Commission to Committees of Oireachtas.

35.

Radio frequency plan.

36.

Public service requirements.

37.

Regulations relating to wireless telegraphy.

38.

Repeals.

PART 2A

Special Powers to Require Persons to Give Evidence or Produce Documents

38A.

Commission may require persons to give evidence or produce documents.

38B.

Conduct of proceeding under this Part.

38C.

Proceeding under this Part to be normally in private.

38D.

Offence to fail to appear before Commission

38E.

Offence to refuse to be sworn or to answer question.

38F.

Protection of persons appearing before Commission under section 38A.

38G.

Payment of allowances and expenses to persons who appear before Commission.

38H.

Trial of offences under this Part.

PART 3

Enforcement

39.

Authorised officers.

40.

Search warrants.

41.

Indemnification.

42.

Offences of bodies corporate.

43.

Prosecution of summary offences by Commission.

44.

Notice by Commission of intention to prosecute, etc.

45.

Undertaking not to overcharge or charge for services not supplied.

46.

Commission may apply to High Court for order to restrain repeated or apprehended contravention of section 45.

46A.

Special powers enabling Minister to make regulations to give effect to European Communities instruments relating to communications matters.

46B.

Admissibility of expert evidence in proceedings under this Act and related enactments.

46C.

Power of court to order copies of certain documents to be given to juries in certain criminal proceedings.

46D.

Presumptions to apply in civil and criminal proceedings under this Act and related enactments.

46E.

Admissibility of statements contained in certain documents.

PART 4

Transition Provisions

47.

Transfer of property and liabilities of Director to Commission.

48.

Preservation of certain continuing contracts.

49.

Adaptation of certain documents.

50.

Continuation of certain matters by Commission.

51.

Pending legal proceedings.

PART 5

Electronic Communications Infrastructure Road Works and Sharing

52.

Interpretation ( Part 5).

53.

Opening of public road for establishment of underground electronic communications infrastructure.

54.

Use of public road for establishment of electronic communications infrastructure overground.

55.

Cost apportionment for electronic communications infrastructure relocation due to road improvements.

56.

Regulations and policy directions to authorities.

57.

Physical infrastructure sharing by infrastructure providers.

57A.

Power of High Court to make compliance orders in respect of conditions imposed under section 57.

58.

Lopping of trees.

PART 6

Emergency Call Answering Service (ECAS)

58A.

Interpretation: Part 6.

58B.

Power of Minister to enter into contract for the operation of emergency call answering service (ECAS).

58C.

Payment of ECAS call handling fees.

58D.

Commission to conduct review of maximum call handling fee.

58E.

ECAS operator to pay reasonable costs of Commission in monitoring service.

58F.

ECAS operator not liable for certain actions done in good faith.

58G.

Commission to report to Minister on operation of service

58H.

Interim measure pending the Minister entering into contract under section 58B.

PART 7

Miscellaneous Provisions

59.

Repeals and revocation.

60.

Service of notices.

SCHEDULE 1

Related Enactments for the Purposes of this Act

Part 1

Acts

Part 2

Statutory Instruments

SCHEDULE 2

Enactments Repealed


Acts Referred to

Arbitration Acts, 1954 to 1998

Broadcasting Act, 1990

1990, No. 24

Broadcasting Act, 2001

2001, No. 4

Broadcasting and Wireless Telegraphy Act, 1988

1988, No. 19

Broadcasting Authority Act, 1960

1960, No. 10

Civil Service Regulation Act, 1956

1956, No. 46

Companies Acts, 1963 to 2001

Comptroller and Auditor General (Amendment) Act, 1993

1993, No. 8

Courts Act, 1981

1981, No. 11

Dublin Transport Authority (Dissolution) Act, 1987

1987, No. 34

European Communities Act, 1972

1972, No. 27

European Parliament Elections Act, 1997

1997, No. 2

Freedom of Information Act, 1997

1997, No. 13

Irish Aviation Authority Act, 1993

1993, No. 29

Minimum Notice and Terms of Employment Acts, 1973 and 1994

Organisation of Working Time Act, 1997

1997, No. 20

Planning and Development Act, 2000

2000, No. 30

Postal and Telecommunications Services Act, 1983

1983, No. 24

Public Offices Fees Act, 1879

42 & 43 Vic., c. 58

Radio and Television Act, 1988

1988, No. 20

Redundancy Payments Acts, 1967 to 1991

Roads Act, 1993

1993, No. 14

Roads Acts, 1993 to 2001

Road Traffic Act, 1961

1961, No. 24

Road Traffic Acts, 1961 to 2002

Superannuation Act, 1909

9 Edw. 7., c. 10

Telecommunications (Miscellaneous Provisions) Act, 1996

1996, No. 34

Telegraph Act, 1863

26 & 27 Vic., c. 112

Telegraph Act, 1869

32 & 33 Vic., c. 73

Telegraph Act, 1878

41 & 42 Vic., c. 76

Telegraph Act, 1892

55 & 56 Vic., c. 59

Telegraph Act, 1899

62 & 63 Vic., c. 38

Telegraph (Amendment) Act, 1868

31 & 32 Vic., c. 110

Telegraph (Arbitration) Act, 1909

9 Edw. 7., c. 20

Telegraph (Construction) Act, 1908

8 Edw. 7., c. 33

Telegraph (Construction) Act, 1911

1 & 2 Geo. 5., c. 39

Telegraph (Construction) Act, 1916

6 & 7 Geo. 5., c. 40

Unfair Dismissals Acts, 1977 to 1993

Wireless Telegraphy Act, 1926

1926, No. 45

Wireless Telegraphy Act, 1972

1972, No. 5

Worker Protection (Regular Part-Time Employees) Act, 1991

1991, No. 5


Number 20 of 2002


COMMUNICATIONS REGULATION ACT 2002

REVISED

Updated to 21 March 2017


AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS THE COMMISSION FOR COMMUNICATIONS REGULATION OR, IN THE IRISH LANGUAGE, AS AN COIMISIÚN UM RIALÁIL CUMARSÁIDE, TO DEFINE ITS FUNCTIONS, TO DISSOLVE THE OFFICE OF THE DIRECTOR OF TELECOMMUNICATIONS REGULATION, TO TRANSFER THE FUNCTIONS OF THE DIRECTOR OF TELECOMMUNICATIONS REGULATION TO THE COMMISSION FOR COMMUNICATIONS REGULATION, TO MAKE PROVISION IN RESPECT OF THE OPENING OF PUBLIC ROADS FOR ELECTRONIC COMMUNICATIONS INFRASTRUCTURE, TO PROVIDE FOR THE SHARING OF INFRASTRUCTURE, TO REPEAL CERTAIN ENACTMENTS AND PROVISIONS OF ENACTMENTS AND TO PROVIDE FOR CONNECTED MATTERS. [27 th April, 2002]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Communications Regulation Acts 2002 to 2010 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

Communications Regulation Acts 2002 to 2010

...

...

...

C2

Functions conferred under Act extended (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (S.I. No. 336 of 2011), reg. 30(2).

Enforcement of Regulations by the Regulator

30. ...

(2) The functions of the Regulator under this Regulation shall be deemed to be included in the functions conferred on the Regulator under the Act of 2002.

C3

Functions transferred and “Department of Public Enterprise” and “Minister for Public Enterprise” construed (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. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of the Marine and Natural Resources.

(2) References to the Department of Public Enterprise contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Marine and Natural Resources.

4. (1) The functions vested in the Minister for Public Enterprise -

(a) by or under any of the enactments or the provisions of the enactments mentioned in Part 1 of the Schedule to this Order,

...

are transferred to the Minister for the Marine and Natural Resources.

(2) References to the Minister for Public Enterprise contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for the Marine and Natural Resources.

...

SCHEDULE

PART 1.

Enactments and provisions of enactments, functions under which are transferred from the Minister for Public Enterprise to the Minister for the Marine and Natural Resources.

...

Communications Regulation Act 2002 ( No. 20 of 2002)

...

Editorial Notes:

E1

Appeal procedure in relation to certain determinations and decisions under Act provided (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 52, commenced on enactment.

E2

Previous affecting provision: functions of Regulator under Act extended (6.11.2003) by European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 (S.I. No. 535 of 2003), reg. 19(2), in effect as per reg. 1(2); revoked (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (S.I. No. 336 of 2011), reg. 35(a), subject to transitional provision in reg. 34.