Communications Regulation Act 2002

Interpretation.

2

2.—(1) In this Act, except where the context otherwise requires—

“Act of 1972” means European Communities Act, 1972;

“Act of 1996” means Telecommunications (Miscellaneous Provisions) Act, 1996;

F1 [ Agency means the National Consumer Agency established by the Consumer Protection Act 2007 ; ]

F2 [ associate , in relation to an undertaking, means

( a ) a holding company of the undertaking, or

( b ) a subsidiary company of the undertaking, or

( c ) a company that is a subsidiary of a body corporate, if the undertaking is also a subsidiary of the body, but neither company is a subsidiary of the other, or

( d ) a body corporate that is not a subsidiary of the undertaking but in respect of which the undertaking is beneficially entitled to more than 20 per cent of the nominal value of either

(i) the allotted share capital of the body, or

(ii) the shares carrying voting rights (other than voting rights which arise only in specified circumstances) of the body,

or

( e ) a partnership or joint venture in which the undertaking has a financial interest; ]

“associated facilities” means those facilities associated with either or both—

( a) an electronic communications network, and

( b) an electronic communications service,

which enable or support the provision of services by way of that network or service, and includes conditional access systems and electronic programme guides;

F2 [ association of undertakings means a body corporate that comprises one or more undertakings but is not itself an undertaking; ]

“Civil Service” has the meaning assigned to it by the Civil Service Regulation Act, 1956 ;

“Commission” means the Commission for Communications Regulation established by Part 2;

“Commissioner” means a member of the Commission;

“Community” means European Communities;

“conditional access systems” means any technical measure or arrangement whereby access to a protected radio or television broadcasting service in intelligible form is made conditional upon subscription or other form of prior individual authorisation;

“Director” means the Director of Telecommunications Regulation appointed under the Act of 1996 and, where the context so admits, includes the Office of the Director of Telecommunications Regulation;

“electronic communications market” means electronic communications networks, electronic communications services and associated facilities;

“electronic communications network” means transmission systems including, where applicable—

( a) switching equipment,

( b) routing equipment,

( c) other resources,

which permit the conveyance of signals by wire, by radio, by optical or by other electromagnetic means, and such conveyance includes the use of—

(i) satellite networks,

(ii) electricity cable systems, to the extent that they are used for the purposes of transmitting signals,

(iii) fixed terrestrial networks (both circuit-switched and packet-switched, including the Internet),

(iv) mobile terrestrial networks,

(v) networks used for either or both radio and television broadcasting, and

(vi) cable television networks,

irrespective of the type of information conveyed;

“electronic communications service” means a service normally provided for remuneration which consists wholly or mainly in the conveyance of signals on electronic communications networks, including telecommunications services, publicly available telephone services and transmission services in networks used for broadcasting, but does not include—

( a) services providing, or exercising editorial control over, content transmitted using electronic communications networks and services, and

( b) information society services within the meaning of Article 1 (inserted by Directive 98/48/EC of 20 July 1998 1) of Directive 98/34/EC of 22 June 1998 2 which do not consist wholly or mainly in the conveyance of signals on electronic communications networks;

F2 [ end user , in relation to an electronic communications service or associated facility F3 [ or a premium rate service ] , means a person to whom such a service is supplied, or who has asked for the supply of such a service or facility, otherwise than for the purpose of resupply; ]

“essential requirements” has the meaning assigned to it by Article 2 of Directive 97/13/EC of 10 April 1997 3;

“establishment day” means the day appointed under section 4 to be the establishment day for the purposes of this Act;

F2 [ failure to comply includes contravene;

financial year , in relation to the Commission, means the financial year of the Commission as specified in or in accordance with section 31A ; ]

F4 [ Minister means Minister for Communications, Energy and Natural Resources; ]

“Office” means Office of the Director of Telecommunications Regulation;

F5 [ postal services has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011; ]

F6 [ postal service provider has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011;

postal service user has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011;

postal service within the scope of the universal postal service has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011; ]

F7 [ premium rate service has the meaning assigned to it by the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010;

premium rate service licence means a licence granted under section 6 of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 to provide premium rate services;

premium rate service provider has the meaning assigned to it by the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010; ]

“prescribed” means prescribed by regulations made by the Minister;

F2 [ related enactment means

( a ) an enactment specified in Part 1 of Schedule 1 , or

( b ) a statutory instrument specified in Part 2 of that Schedule, or

( c ) a statutory instrument made by the Minister for the purpose of giving effect to an act of an institution of the European Communities relating to

(i) the provision of an electronic communications service, an electronic communications network or associated facility, or

(ii) the radio frequency spectrum or national numbering resource, or

(iii) a postal service,

or

( d ) a statutory instrument made by the Commission under an Act specified in Part 1 of Schedule 1 , or

( e ) any Act or statutory instrument declared by a provision of another Act or statutory instrument to be a related enactment for the purposes of this Act; ]

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

F8 [ television set has the meaning assigned to it by section 140 of the Broadcasting Act 2009; ]

F2 [ this Act includes all statutory instruments made under this Act; ]

“transferred function” means a function transferred to the Commission under section 9 ;

“undertaking” means a provider of electronic communications networks or services or associated facilities;

F9 [ universal postal service has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011; ]

“user” means a natural or legal person using or requesting a publicly available electronic communications service.

(2)— F10 [ ]

Annotations:

Amendments:

F1

Inserted (13.06.2014) by European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013), reg. 34(1)(a), in effect as per reg. 1(2).

F2

Inserted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 3(a)-(f), S.I. No. 224 of 2007.

F3

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

F4

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

F5

Substituted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 8(a), commenced on enactment.

F6

Inserted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 8(b), commenced on enactment.

F7

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

F8

Substituted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 152(2), commenced on enactment.

F9

Inserted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 8(b), commenced on enactment.

F10

Repealed (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 3(g), S.I. No. 224 of 2007.

Editorial Notes:

E3

Previous affecting provision: definition of “Minister” substituted (8.07.2003) by Digital Hub Development Agency Act 2003 (23/2003), s. 45(a), commenced on enactment; superseded as per F-note above.