Communications Regulation (Amendment) Act 2007


Number 22 of 2007


COMMUNICATIONS REGULATION (AMENDMENT) ACT 2007

REVISED

Updated to 23 June 2016


This Revised Act is an administrative consolidation of the Communications Regulation (Amendment) Act 2007. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, and all statutory instruments up to and including Broadcasting Act 2009 (Section 130 (1)(a)(iv) Designation) Order 2016 (S.I. No. 328 of 2016), made 23 June 2016, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 22 of 2007


COMMUNICATIONS REGULATION (AMENDMENT) ACT 2007

REVISED

Updated to 23 June 2016


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Communications Regulation Acts 2002 to 2011: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Communications Regulation (Postal Services) (Amendment) Act 2015 (20/2015), s. 3(2)). The Acts in this group are:

Communications Regulation Act 2002 (20/2002)

Communications Regulation (Amendment) Act 2007 (22/2007)

Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010)

Communications Regulation (Postal Services) Act 2011 (21/2011), other than ss. 62 to 65 and Part 4

Communications Regulation (Postal Services) (Amendment) Act 2015 (20/2015)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1999, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Communications Regulation (Postal Services) Act 2011 (21/2011)

Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010)

Broadcasting Act 2009 (18/2009)

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Communications Regulation (Amendment) Act 2007 (Commencement) Order 2007 (S.I. No. 224 of 2007)

All statutory instruments up to and including Broadcasting Act 2009 (Section 130 (1)(a)(iv) Designation) Order 2016 (S.I. No. 328 of 2016), made 23 June 2016, were considered in the preparation of this revision.


Number 22 of 2007


COMMUNICATIONS REGULATION (AMENDMENT) ACT 2007

REVISED

Updated to 23 June 2016


ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters

Section

1. Short title and commencement.

2. Principal Act defined.

PART 2

Amendment of Principal Act, etc.

3. Amendment of section 2 of Principal Act (interpretation).

4. Repeal of section 9 and miscellaneous amendments to other enactments.

5. Amendment of section 10 of Principal Act (functions of Commission).

6. Insertion into Principal Act of new sections 13A to 13E.

7. Insertion into Principal Act of new sections 24A to 24C.

8. Amendment of section 30 of Principal Act (levies and fees).

9. Insertion into Principal Act of new sections 31A to 31C.

10. Insertion into Principal Act of new Part 2A.

11. Substitution of section 43 of Principal Act (prosecution of summary offences by Commission).

12. Amendment of section 44 of Principal Act (notice of Commission of intention to prosecute, etc.).

13. Substitution of sections 45 and 46 of Principal Act.

14. Insertion into Principal Act of new sections 46A to 46E.

15. Insertion into Principal Act of new section 57A.

16. Insertion into Principal Act of new Part 6.

17. Insertion into Principal Act of new Part heading.

18. Substitution of Schedule 1 to Principal Act.

PART 3

Amendment of Electronic Commerce Act 2000

19. Amendment of section 2 of Electronic Commerce Act 2000 (interpretation).

20. Amendment of section 4 of the Electronic Commerce Act 2000 (laying of orders and regulations before Houses of Oireachtas).

21. Substitution of Part 4 of Electronic Commerce Act 2000.

PART 4

Amendment of Competition Act 2002

22. Amendment of section 3 of Competition Act 2002 (interpretation).

23. Amendment of section 4 of Competition Act 2002 (anti-competitive agreements, decisions and concerted practices).

24. Amendment of section 6 of Competition Act 2002 (offence in respect of breach of section 4(1) or Article 81(1) of the Treaty).

25. Amendment of section 8 of Competition Act 2002 (penalties and proceedings in relation to offences under section 6 and 7).

26. Amendment of section 13 of Competition Act 2002 (admissibility of statements contained in certain documents).

27. Amendment of section 14 of Competition Act 2002 (right of action for breaches of competition rules).

28. Amendment of section 18 of Competition Act 2002 (obligation to notify certain mergers and acquisitions).

29. Amendment of section 34 of Competition Act 2002 (provisions for co-operation between the Authority and statutory bodies).

30. Substitution of section 47 of Competition Act 2002.

31. Insertion into Competition Act of new Part 4A.

32. Amendment of Schedule 1 to Competition Act 2002.

SCHEDULE 1

Consequential Amendment of Certain Acts

PART 1

Amendment of Wireless Telegraphy Act 1926

PART 2

Amendment of Post Office (Amendment) Act 1951

PART 3

Amendment of Broadcasting Authority Act 1960

PART 4

Amendment of Wireless Telegraphy Act 1972

PART 5

Amendment of Postal and Telecommunications Services Act 1983

PART 6

Amendment of Broadcasting and Wireless Telegraphy Act 1988

PART 7

Amendment of Radio and Television Act 1988

PART 8

Amendment of Broadcasting Act 1990

PART 9

Amendment of Irish Aviation Authority Act 1993

PART 10

Amendment of Telecommunications (Miscellaneous Provisions) Act 1996

SCHEDULE 2

Consequential Amendment of Certain Statutory Instruments

PART 1

Amendment of European Communities (Telecommunications Infrastructure) Regulations 1997 (S.I. No. 338 of 1997)

PART 2

Amendment of Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations 1997 (S.I. No. 468 of 1997)

PART 3

Amendment of Wireless Telegraphy (Fixed Wireless Point-to-Multipoint Access Licence) Regulations 1999 (S.I. No. 287 of 1999)

PART 4

Amendment of Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations 1999 (S.I. No. 442 of 1999)

PART 5

Amendment of European Communities (Conditional Access) Regulations 2000 (S.I. No. 357 of 2000)

PART 6

Amendment of European Communities (Radio Equipment and Telecommunications Terminal Equipment) Regulations 2001 (S.I. No. 240 of 2001)

SCHEDULE 3

Savings and Transitional Provisions



Number 22 of 2007


COMMUNICATIONS REGULATION (AMENDMENT) ACT 2007

REVISED

Updated to 23 June 2016


AN ACT TO AMEND THE COMMUNICATIONS REGULATION ACT 2002 TO CONFER ADDITIONAL FUNCTIONS ON THE COMMISSION FOR COMMUNICATIONS REGULATION; TO MAKE FURTHER PROVISION FOR THE ENFORCEMENT OF THAT ACT; TO PROVIDE FOR THE ESTABLISHMENT AND OPERATION OF AN EMERGENCY CALL ANSWERING SERVICE (ECAS); TO AMEND THE ELECTRONIC COMMERCE ACT 2000 WITH RESPECT TO THE REGISTRATION OF DOMAIN NAMES; AND TO MAKE CONSEQUENTIAL AMENDMENTS TO CERTAIN OTHER ACTS AND TO PROVIDE FOR RELATED MATTERS.

[21 st April, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Editorial Notes:

E1

Collectively cited Communications Regulations Acts 2002 to 2010 included in European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), sch. 2 (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), in effect as per reg. 1(3).