Communications Regulation Act 2002

Notice by Commission of intention to prosecute, etc.

44

44.F92 [ (1) If the Commission believes on reasonable grounds that a person has committed a summary offence under this Act F93 [ (other than an offence under section 53 , 55 , 56 (2), 57 or 58 of the Communications Regulation (Postal Services) Act 2011) ] or under a related enactment, the Commission may give to the person (or, if the person believed to have committed the offence is a body corporate, to an officer of the body) a notice stating that

( a ) the person is alleged to have committed the offence, and

( b ) if, within 21 days from the date on which the notice was given, the person, as far as is practicable, remedies to the satisfaction of the Commission the matter giving rise to the offence and pays to the Commission 1,500, accompanied by the notice, the person or body will not be prosecuted for the offence. ]

(2) Where a notice is given under subsection (1)

( a) a person to whom it applies may, during the period specified in the notice, make to the Commission the payment specified in the notice, accompanied by the notice,

( b) the Commission may receive the payment and issue a receipt for it, and any payment so received shall not be recoverable in any circumstances by the person who made it, and

( c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice and, if the default is remedied to the satisfaction of the Commission and the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In a prosecution for an offence to which this section applies, the onus of showing that a payment pursuant to a notice under this section has been made shall lie on the defendant.

(4) All payments made to the Commission in pursuance of this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(5) F94 [ ]

(6) Section 60 (other than subsection (1)(e)) applies to a notice given under this section.

(7) F94 [ ]

Annotations:

Amendments:

F92

Substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 12(a), S.I. No. 224 of 2007.

F93

Inserted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 60, commenced on enactment.

F94

Repealed (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 12(b), S.I. No. 224 of 2007.

Modifications (not altering text):

C19

Application of section extended and restricted (9.07.2019) by European Union (Open Internet Access) Regulations 2019 (S.I. No. 343 of 2019), reg. 9(4), (5).

9. ...

(4) If —

(a) the Regulator has made an application under Regulation 8(4) to the High Court to secure an undertaking’s compliance with an obligation or direction, and

(b) it is an offence to fail to comply with that obligation or direction, proceedings may not be brought against the undertaking for such an offence under this Regulation or notice may not be given under section 44 of the Act of 2002 in respect of the undertaking’s failure to comply with the obligation or direction.

(5) An offence under this Regulation is an offence to which section 44 of the Act of 2002 applies.

C20

Application of section restricted (20.07.2016) by European Union (Reduction of Cost of Deploying High-Speed Public Communications Networks) Regulations 2016 (S.I. No. 391 of 2016), reg. 11(13).

Regulator’s dispute settlement process

11. ...

(13) If the Regulator has made an application under Regulation 12 to the High Court to secure a person’s compliance with a decision of the Regulator, the Regulator may not bring proceedings against the person for an offence under paragraph (11) or give notice under section 44 of the Act of 2002 in respect of the person’s failure to fully comply with the decision.

...

C21

Application of section extended and restricted (18.06.2013 to 30.06.2022) by Communications (Mobile Telephone Roaming) Regulations 2013 (S.I. No. 228 of 2013), reg. 7(4) and (5), to cease to have effect as per reg. 1(2).

Offences

7. ...

(4) Where the Regulator has made an application under Regulation 8 to the High Court to secure a person’s compliance with—

( a)(i) its obligations under Article 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15 or 16, or

(ii) a requirement of the Regulator under Article 16,

of the Mobile Phone Roaming Regulation, or

( b) a requirement of the Regulator under Regulation 3(2) of these Regulations,

the Regulator may not bring proceedings against the person for an offence under this Regulation or give a notice under section 44 of the Act of 2002 for failing to comply with the obligation or requirement.

(5) An offence under this Regulation is an offence to which section 44 of the Act of 2002 applies.

C22

Functions under subs. (4) 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)

...

...

...

C23

Application of section extended and restricted (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(3) and (4).

Prosecution of offences

35. ...

(3) If—

( a) the Regulator has made an application under Regulation 31 to the High Court to secure an undertaking’s compliance with an obligation, term or condition, requirement, specification or direction imposed by or under these Regulations, and

( b) a provision of these Regulations makes it an offence to fail to comply with the obligation, term or condition, requirement, specification or direction,

the Regulator may not bring proceedings against the person for such an offence or give a notice under section 44 of the Act of 2002 for failing to comply with the obligation, term or condition, requirement, specification or direction.

(4) An offence under these Regulations is an offence to which section 44 of the Act of 2002 applies.

C24

Application of section extended and restricted (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011), reg. 23.

Prosecution of offences

23. (1) If—

( a) the Regulator has made an application under Regulation 16 to the High Court to compel an undertaking to comply with an obligation under Regulation 4 or a condition attached to a general authorisation under Regulation 8 or a condition attached to a right of use for numbers under Regulation 14, and

( b) a provision of these Regulations makes it an offence to fail to comply with the obligation or condition,

the Regulator may not bring proceedings against the undertaking for such an offence or give a notice under section 44 of the Act of 2002 for failing to comply with the condition.

(2) An offence under these Regulations is an offence to which section 44 of the Act of 2002 applies.

C25

Application of section extended and restricted (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Access) Regulations 2011 (S.I. No. 334 of 2011), reg. 21.

Prosecution of offences

21. (1) If—

( a) the Regulator has made an application under Regulation 19 to the High Court to secure an operator or undertaking’s compliance with an obligation, requirement, condition or direction imposed by or under these Regulations, and

( b) a provision of these Regulations makes it an offence to fail to comply with the obligation, requirement, condition or direction,

the Regulator may not bring proceedings against the undertaking for such an offence or give notice under section 44 of the Act of 2002 for failure to comply with the obligation, requirement, condition or direction.

(2) An offence under these Regulations is an offence to which section 44 of the Act of 2002 applies.

C26

Application of section extended and restricted (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011 (S.I. No. 333 of 2011), reg. 33.

Prosecution of offences

33. (1) If—

( a) the Regulator has made an application under Regulation 37 to the High Court to secure an undertaking’s compliance with an obligation, requirement, determination or direction imposed by or under these Regulations, and

( b) a provision of these Regulations makes it an offence to fail to comply with the obligation, requirement, determination or direction,

the Regulator may not bring proceedings against the undertaking for such an offence or give notice under section 44 of the Act of 2002 for failure to comply with the obligation, requirement, determination or direction.

(2) An offence under these Regulations is an offence to which section 44 of the Act of 2002 applies.

Editorial Notes:

E66

Power pursuant to subs. (1) exercised (21.07.2003) by Communications Regulation Act 2002 (Notice of Intention To Prosecute) Regulations 2003 (S.I. No. 318 of 2003).

E67

Previous affecting provision: application of section extended (20.07.2007) by European Communities (Electromagnetic Compatibility) Regulations 2007 (S.I. No. 109 of 2007), reg. 21(6), in effect as per reg. 1(1); revoked (28.02.2017) by European Communities (Electromagnetic Compatibility) Regulations 2017 (S.I. No. 69 of 2017), reg. 33.

E68

Previous affecting provision: application of section extended and restricted (30.11.2007 to 30.06.2010) by Communications (Mobile Telephone Roaming) Regulations 2007 (S.I. No. 792 of 2007), regs. 6(4), (5) and 7(7), to cease to have effect 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), subject to transitional provisions in reg. 11.

E69

Previous affecting provision: application of section extended and restricted (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2003 (S.I. No. 307 of 2003), regs. 33(3) and (7), 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 provisions in reg. reg. 40.

E70

Previous affecting provision: application of section extended and restricted (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003), reg. 25(2) and (5), in effect as per reg. 1(2); revoked (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011), reg. 28(2)(a), subject to transitional provisions in reg. 27.

E71

Previous affecting provision: application of section extended and restricted (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Access) Regulations 2003 (S.I. No. 305 of 2003), regs. 20(2) and (6), in effect as per reg. 1(2); revoked (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Access) Regulations 2011 (S.I. No. 334 of 2011), reg. 25(a), subject to transitional provisions in reg. 24.