Communications Regulation Act 2002

Authorised officers.

39

39.—(1) The Commission may appoint persons to be authorised officers for the purposes of this Act F88 [ or the Competition Act 2002 ].

(2) A person appointed under subsection (1) shall, on his or her appointment, be furnished by the Commission with a certificate of his or her appointment and when exercising a power conferred by subsection (3) shall, if requested by any person thereby affected, produce such certificate to that person for inspection.

(3) For the purposes of the exercise by the Commission of its functions under this Act, F88 [ the Competition Act 2002 ] a transferred function or any regulations made under the Act of 1972, an authorised officer may—

( a) enter, at any reasonable time, any premises or place or any vehicle or vessel where any activity connected with the provision of electronic communications services, networks or associated facilities or postal services F88 [ or premium rate services ] takes place or, in the opinion of the officer takes place, and search and inspect the premises, place, vehicle or vessel and any books, documents or records found therein,

( b) require any such person to produce to him or her any books, documents or records relating to the provision of electronic communications services, networks or associated facilities or postal services F88 [ or premium rate services ] which are in the person's power or control and, in the case of information in a non-legible form to reproduce it in a legible form, and to give to the officer such information as he or she may reasonably require in relation to any entries in such books, documents or records,

( c) secure for later inspection any such premises, place, vehicle or vessel or part thereof in which books, documents or records relating to the provision of electronic communications services, networks or associated facilities or postal services F88 [ or premium rate services ] are kept or there are reasonable grounds for believing that such books, documents or records are kept,

( d) inspect and take extracts from or make copies of any such books, documents or records (including, in the case of information in a non-legible form, a copy of or extract from such information in a permanent legible form),

( e) remove and retain such books, documents or records for such period as may be reasonable for further examination,

( f) require the person to maintain such books, documents or records for such period of time, as may be reasonable, as the authorised officer directs,

( g) require the person to give to the officer any information which he or she may reasonably require with regard to the provision of electronic communications services, networks or associated facilities or postal services F88 [ or premium rate services ],

( h) make such inspections, tests and measurements of machinery, apparatus, appliances and other equipment on the premises or vessel or at the place or in the vehicle as he or she considers appropriate,

( i) require any person on the premises or vessel or at the place or in the vehicle having charge of, or otherwise concerned with the operation of, any machinery, apparatus, appliance or other equipment (including data equipment) or any associated apparatus or material, to afford the officer all reasonable assistance in relation thereto,

( j) take photographs or make any record or visual recording of any activity on such premises or vessel, at such place or in such vehicle.

(4) Where an authorised officer in exercise of his or her powers under this section is prevented from entering any premises or place, an application may be made under section 40 for a warrant to authorise such entry.

(5) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant under section 40 authorising such entry.

(6) A person to whom this section applies who—

( a) obstructs, impedes or assaults an authorised officer in the exercise of a power under this section,

( b) fails or refuses to comply with a requirement under this section,

( c) alters, suppresses or destroys any books, documents or records which the person concerned has been required to produce, or may reasonably expect to be required to produce,

( d) gives to the Commission or to an authorised officer information which is false or misleading in a material respect, or

( e) falsely represents himself or herself to be an authorised officer,

is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

(7) An authorised officer appointed under section 12 of the Act of 1996 and holding office immediately before the establishment day continues in office as if appointed under this section.

Annotations:

Amendments:

F88

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

Modifications (not altering text):

C11

Application of section extended (13.06.2014) by European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013), reg. 35, in effect as per reg. 1(2).

Authorised officers for purposes of Regulations

35. (1) A person appointed as an authorised officer under section 39 of the Act of 2002 or section 30 of the Act of 2007, whether holding office as an authorised officer under either of those sections immediately before the date of the coming into operation of these Regulations or appointed after that date, shall continue to be so appointed as if appointed under this Regulation and shall be an authorised officer for the purpose of these Regulations and the Directive and shall for those purposes have all of the powers given to an authorised officer by, and be subject to the terms of, those sections.

C12

Application of section extended (18.06.2013 to 30.06.2022) by Communications (Mobile Telephone Roaming) Regulations 2013 (S.I. No. 228 of 2013), reg. 9, to cease to have effect as per reg. 1(2).

Powers of authorised officers

9. For the purpose of the exercise by the Regulator of its powers under Article 16 of the Mobile Phone Roaming Regulation an authorised officer may exercise any of the functions conferred on an authorised officer under section 39 of the Act of 2002, and that section and section 40 of the Act of 2002 are to be read accordingly.

C13

Application of section restricted (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011 (S.I. No. 333 of 2011), reg. 10(1).

Provision of information

10. (1) Notwithstanding section 39 of the Act of 2002, the Regulator may, in writing, require any undertaking to provide, within such timescales and in conformity with the level of detail specified by the Regulator, any information, including financial information, that the Regulator considers necessary for the purposes of ensuring conformity with the provisions of, or decisions or determinations of the Regulator made in accordance with, the Specific Regulations, the Framework Directive or the Specific Directives. In particular such information may include information concerning future network or service developments that could have an impact on the wholesale services that the undertaking makes available to competitors.

C14

Subss. (2), (3), (4) and (5) applied with modifications (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations 2011 (S.I. No. 337 of 2011), reg. 32(3).

Enforcement by National Consumer Agency

32. ...

(3) Section 39 (2), (3), (4) and (5) and sections 40 and 41 of the Act of 2002 apply in respect of an authorised officer appointed under paragraph (2) and, for the purpose of this Regulation, references to the Commission for Communications Regulation or Commission in those provisions should be read as including references to the National Consumer Agency.

C15

Prosecution under subs. (6) provided (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations 2011 (S.I. No. 337 of 2011), reg. 35(1)(b).

Prosecution of offences

35. (1) Proceedings for an offence under— ...

( b) section 39(6) of the Act of 2002 relating to an authorised officer appointed under Regulation 32(2),

may be brought and prosecuted by the National Consumer Agency or by any other person authorised by law to prosecute offences.

Editorial Notes:

E60

Previous affecting provision: application of section extended (30.11.2007 to 30.06.2010) by Communications (Mobile Telephone Roaming) Regulations 2007 (S.I. No. 792 of 2007), reg. 8, ceased as per reg. 1(2); revoked (18.06.2013 to 30.06.2022) by Communications (Mobile Telephone Roaming) Regulations 2013 (S.I. No. 228 of 2013), reg. 12(a), to cease to have effect as per reg. 1(2).

E61

Previous affecting provision: application of subs. (2), (3), (4), and (5) extended (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations 2003 (S.I. No. 308 of 2003), reg. 33(3), in effect as per reg. 1(2); revoked (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations 2011 (S.I. No. 337 of 2011), reg. 39(a), subject to transitional provision in reg. 38.

E62

Previous affecting provision: prosecution under subs. (6) provided (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations 2003 (S.I. No. 308 of 2003), reg. 35(2), in effect as per reg. 1(2); revoked (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations 2011 (S.I. No. 337 of 2011), reg. 39(a), subject to transitional provision in reg. 38.