Communications Regulation Act 2002

Directions by Minister.

13

13.—(1) In the interests of the proper and effective regulation of the F34 [ electronic communications, premium rate services ] and postal markets, the management of the radio frequency spectrum in the State and the formulation of policy applicable to such proper and effective regulation and management, the Minister may give such policy directions to the Commission as he or she considers appropriate to be followed by the Commission in the exercise of its functions. The Commission shall comply with any such direction.

(2) Before giving a direction under subsection (1), the Minister shall give to the Commission and publish a draft of the proposed direction and—

( a) give the reasons for it, and

( b) specify the period (being not less than 21 days from giving it to the Commission or such publication, whichever is the later) within which representations relating to the proposal may be made by interested parties.

(3) The Minister, having considered any representations made under subsection (2), may give the direction under subsection (1) with or without amendment.

(4) Where the Minister proposes to make a direction under subsection (1) which, in the opinion of the Minister, has or may relate to the functions of another Minister of the Government, the Minister shall not give to the Commission or publish a draft of the proposal under subsection (2) without prior consultation with that other Minister of the Government.

(5) A direction under subsection (1) relating to management of the radio frequency spectrum may include directions relating to—

( a) the allocation of particular bands of spectrum for specific categories of service, and

( b) the means by which entitlements to use such spectrum may be assigned (including appropriate fees),

and in giving such direction the Minister shall have regard to principles of good frequency management.

(6) A direction under subsection (1) relating to fees referred to in subsection (5)(b) may only be given with the consent of the Minister for Finance.

(7) The Minister shall not give a direction under subsection (1) in respect of—

( a) a person—

(i) who has applied for, or holds a licence or authorisation, or

(ii) to whom a licence or authorisation may be, granted by the Commission, or

F35 [ ( aa ) a postal service provider who is deemed to be authorised in accordance with section 38 of the Communications Regulation (Postal Services) Act 2011, or ]

( b) the performance of the functions of the Commission in relation to F36 [ individual undertakings, postal service providers or persons ].

(8) Where the Minister gives a direction under subsection (1), a notice of such direction and details thereof, including reasons for giving the direction, shall be published in Iris Oifigiúil.

Annotations:

Amendments:

F34

Substituted (12.07.2010) by Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010), s. 16(c), S.I. No. 234 of 2010.

F35

Inserted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 5 and sch. 2, item 6(a), commenced on enactment.

F36

Substituted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 5 and sch. 2, item 6(b), commenced on enactment.

Modifications (not altering text):

C5

Functions under subs. (6) transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

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

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 20 of 2002

Communications Regulation Act 2002

Section 13(6), 28, 30, 33 and 44(4)

...

...

...

Editorial Notes:

E8

Previous affecting provision: application of section extended (25.07.2003) by European Communities (Electronic Communications Networks and Services)(Framework) Regulations 2003 (S.I. No. 307 of 2003), regs. 22(1) and 23(1), in effect as per reg. 1(2); revoked (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011 (S.I. No. 333 of 2011 ), reg. 41, subject to transitional provision in reg. 40.