Communications Regulation Act 2002

F88 [ Prosecution of summary offences by Commission.

43

43. (1) Subject to subsection (2) , a summary offence under this Act or a related enactment may be prosecuted only by the Commission or by some other person authorised by law to prosecute offences.

F89 [ (2) Subsection (1) does not apply to a prosecution for an offence under

( a ) section 53(2) ,

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

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

( d ) section 53 , 55 , 56 (2), 57 or 58 of the Communications Regulation (Postal Services) Act 2011. ] ]

F90 [ (3) ( a ) In this subsection relevant offence means an offence under

(i) section 13C(2) or (5), 13D(2) or (5), 13F(5), 24(3), 38C, 38D, 38E, 39(6) or 45(2) of this Act,

(ii) section 13 of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 , or

(iii) section 38 (7), 42 (4), 56 (1) or (2), 57 (2) or 58 of the Communications Regulation (Postal Services) Act 2011.

( b ) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for a relevant offence may be instituted within 12 months from the date on which the offence was committed. ]

Annotations:

Amendments:

F88

Substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 11, S.I. No. 224 of 2007.

F89

Substituted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 59(a), commenced on enactment.

F90

Inserted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 59(b), commenced on enactment.