Communications Regulation (Amendment) Act 2007

SCHEDULE 2

Consequential Amendment of Certain Statutory Instruments

Section 4(3).

PART 1

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

Item

Provision affected

Amendment

1.

Regulation 2

Insert the following paragraph after paragraph (1):

“(2) In these Regulations, ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002.”.

2.

Regulation 3

In the definition of “national numbering scheme” in paragraph (2), substitute “the Commission that” for “the Director of Telecommunications Regulation which”.

3.

Regulation 9

Delete the Regulation.

PART 2

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

Item

Provision affected

Amendment

1.

Regulation 2

( a) In paragraph (1), substitute the following definition for the definition of “Director”:

“‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”.

( b) Delete paragraph (3).

2.

Regulation 3

( a) In paragraphs (1) and (2), substitute “the Commission” for “the Director”, wherever occurring.

( b) Substitute the following paragraph for paragraph (3):

“(3) A person who makes an application to the Commission under paragraph (1) of this Regulation shall provide such information as the Commission reasonably requires to enable it to perform its functions under these Regulations. If the applicant, without reasonable cause, fails or refuses to comply with this paragraph, the Commission may decline to continue to deal with the application.”.

3.

Regulation 4

Substitute “the Commission” for “the Director”, wherever occurring.

4.

Regulation 5

( a) Substitute “the Commission” for “the Director”, wherever occurring.

( b) Substitute “it” for “he or she”, wherever occurring.

5.

Regulation 6

( a) Substitute “the Commission” for “the Director”, wherever occurring.

( b) In paragraph (3), substitute “it” for “him or her”.

6.

Regulation 7

( a) Substitute “the Commission” for “the Director”, wherever occurring.

( b) In paragraph (1), substitute “it” for “he or she”.

7.

Regulation 8

( a) Substitute the following paragraph for paragraph (3):

“(3) The fee referred to in paragraphs (1) and (2) is payable to the Commission by banker’s draft or by such other means and on such terms as the Commission decides.”.

( b) In paragraph (6), substitute “the Commission” for “the Director”.

8.

Schedule

( a) Substitute “The Commission for Communications Regulation, in exercise of the powers conferred on it by section 5(1) of the Wireless Telegraphy Act 1926 (No. 45 of 1926), and section 4 of the Telecommunications (Miscellaneous Provisions) Act 1996 (No. 34 of 1996), grants the following licence to” for “I, Director of Telecommunications Regulation, in exercise of the powers conferred on me by section 5(1) of the Wireless Telegraphy Act 1926 (No. 45 of 1926), and section 4 of the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996), hereby grant the following Licence to”.

( b) In paragraph (2), substitute the following definition for the definition of “the Director”:

“‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”.

( c) In paragraph (5), substitute “the Commission” for “the Director”, wherever occurring.

( d) In paragraph (5)( m) and ( n), substitute “it” for “he or she”.

PART 3

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

Item

Provision affected

Amendment

1.

Regulation 2

( a) In the definitions of “apparatus”, “application”, “Radio Point-to-Multipoint Systems” and “Telecommunications Licence” in paragraph (1), substitute “the Commission” for “the Director”.

( b) In paragraph (1), substitute the following definition for the definition of “Director”:

“‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”.

( c) Delete paragraph (3).

2.

Regulation 4

( a) Substitute “the Commission” for “the Director”, wherever occurring.

( b) In paragraph (2), substitute “its” for “his or her”.

3.

Regulations 5, 6, 7 and 9

Substitute “the Commission” for “the Director”, wherever occurring.

4.

Regulation 8

( a) Substitute “the Commission” for “the Director”, wherever occurring.

( b) In paragraph (2), substitute “its” for “his or her”.

PART 4

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

Item

Provision affected

Amendment

1.

Regulation 2

( a) In paragraph (1), substitute the following definition for the definition of “Director”:

“‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”.

( b) Delete paragraph (3).

2.

Regulations 3, 4 and 5

Substitute “the Commission” for “the Director”, wherever occurring.

3.

Regulation 6

( a) Substitute “the Commission” for “the Director”, wherever occurring.

( b) In paragraph (3), substitute “it” for “he or she”.

4.

Regulation 7

In paragraph (1)

( a) substitute “the Commission” for “the Director”, wherever occurring, and

( b) substitute “it” for “he or she”.

5.

Regulation 8

( a) Substitute the following paragraph for paragraph (3):

“(3) The fees specified in paragraphs (1) and (2) are payable to the Commission by banker’s draft or such other method and on such terms as the Commission decides.”.

( b) In paragraph (6), substitute “the Commission” for “the Director”, wherever occurring.

PART 5

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

Item

Provision affected

Amendment

1.

Regulation 2

In paragraph (1)

( a) insert the following definition after the definition of “associated service”:

“‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”,

( b) delete the definition of “Director”.

2.

Regulation 4

( a) In paragraph (1), substitute “the Commission” for “the Director”.

( b) Substitute the following paragraph for paragraph (3):

“(3) The Commission shall, as it thinks fit, destroy or otherwise dispose of an illicit device forfeited under paragraph (1).”.

3.

Regulation 5

Substitute the following paragraph for paragraph (1):

“(1) The Commission may appoint such and so many persons to be authorised officers as it thinks necessary for the purpose of securing compliance with these Regulations.”.

4.

Regulation 6

In paragraph (2), substitute “by the Commission” for “by the Director”.

PART 6

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

Item

Provision affected

Amendment

1.

Regulation 2

In paragraph (1)

( a) substitute the following definition for the definition of “Commission”:

“‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”,

( b) delete the definition of “Director”,

( c) in the definition of “notified body”, substitute “the European Commission” for “the Commission”.

2.

Regulation 4

( a) Substitute “European Commission” for “Commission”, wherever occurring.

( b) Substitute “the Commission” for “the Director”, wherever occurring.

3.

Regulation 5

( a) Substitute the following paragraph for paragraph (4):

“(4) An operator shall ensure that publication under the obligations of this Regulation accord with any requirements or instructions specified by the Commission from time to time.”.

( b) Substitute “the Commission shall notify the European Commission” for “the Director shall notify the Commission”.

4.

Regulation 6

Substitute “the Commission” for “the Director”, wherever occurring.

5.

Regulation 7

( a) In paragraph (2), substitute “the Commission” for “the Director”, wherever occurring.

( b) Substitute the following paragraphs for paragraphs (4) and (5):

“(4) An operator who disconnects apparatus in accordance with paragraph (3) shall immediately inform the Commission of the disconnection. As soon as practicable after being asked to do so by the Commission, the operator shall provide the Commission with such relevant information concerning the disconnection as it specifies.

(5) As soon as practicable after issuing an authorisation under paragraph (2), the Commission shall notify to the European Commission of the authorisation. ”.

6.

Regulation 9

Substitute the following Regulation:

“9.―(1) The Commission may, from time to time, appoint such persons as it considers necessary to be notified bodies under these Regulations, having regard to the criteria specified in Annex VI to the Directive. In making such an appointment, the Commission may attach such conditions as it considers appropriate.

(2) The Commission shall inform the European Commission and the other Member States of the names of the notified bodies appointed under paragraph (1).

(3) An appointment under paragraph (1) may be for a fixed or indefinite period. The Commission

( a) may at any time revoke an appointment, and

( b) shall revoke an appointment if it reasonably believes that the notified body in the State does not meet or has ceased to meet the conditions referred to in paragraph (1).

(4) The Commission may

( a) amend or revoke any or all of the conditions (if any) attached under paragraph (1) to an appointment made under that paragraph, or

( b) attach additional conditions from time to time to such appointment for the efficient and proper functioning of the body in question.

(5) As soon as practicable after an appointment has been revoked under paragraph (4), the Commission shall notify the revocation to the European Commission and the other Member States. ”.

7.

Regulation 11

( a) Substitute the following paragraphs for paragraphs (1) to (4):

“(1) If of the opinion that―

( a) any apparatus to which these Regulations apply does not comply with these Regulations, or

( b) radio equipment has caused or may cause harmful interference,

the Commission may direct the person concerned to take one or more of the actions specified in paragraph (2).

(2) The following actions are specified for the purpose of paragraph (1):

( a) to withdraw the apparatus or equipment from the market or from service;

( b) not to place the apparatus or equipment on the market, or to put it into service;

( c) not to move the apparatus or equipment or any part of it;

( d) to do or not to do any other thing in order to comply with these Regulations and the Directive.

(3) The Commission may take any other appropriate measures, including the seizing and removing of apparatus or radio equipment from the market to ensure compliance with these Regulations and the avoidance of harmful interference.

(4) The Commission shall give the opportunity to any person to whom it has given a direction, or who is otherwise affected by measures taken by the Commission under this Regulation, to make representations to the Commission about the direction or measures. If, because of the urgency of the matter, this opportunity is not given before the direction is given or other measures are taken, the Commission shall give such an opportunity as soon as possible afterwards.

(4A) A direction given under this Regulation is to be in writing and

( a) state the reasons upon which it is based, and

( b) inform the person of the right of appeal under Regulation 13.

(4B) If it considers it appropriate to do so, the Commission may withdraw, or amend by a further direction in writing, any direction given under this Regulation. ”.

( b) Substitute the following paragraph for paragraph (7):

“(7) The Commission shall, in accordance with Article 9 of the Directive, notify the European Commission of any relevant direction or other measures taken under this Regulation.”.

( c) In paragraph (8), substitute “the Commission” for “the Director”.

8.

Regulation 13

In paragraph (3), substitute “the Commission” for “the Director”.

9.

Regulation 14

Substitute the following Regulation:

“14.―(1) If of the opinion that apparatus to which these Regulations apply—

( a) is being or may be placed on the market, and

( b) is likely to cause serious injury or damage to property or harmful interference,

the Commission may apply to the High Court for an order under paragraph (4). Such an application is to be by motion.

(2) The High Court may hear the application only if it is satisfied that a copy of the application has been served on the person alleged to be responsible for placing or proposing to place the apparatus on the market. On being served with such a copy, the person becomes the respondent to the application.

(3) The High Court may make such interim or interlocutory order as it considers appropriate pending determination of an application made under paragraph (1). The Court may not refuse interim or interlocutory relief merely because the Commission may not suffer damage if relief were not granted pending determination of the application.

(4) On hearing an application made under paragraph (1), the High Court may, if it considers it appropriate to do so, make either or both of the following orders:

( a) if it appears to the Court that the respondent has placed the apparatus on the market, an order requiring the respondent to withdraw the apparatus from the market; or

( b) if it appears to the Court that the respondent is proposing or continuing to place the apparatus on the market, an order prohibiting the respondent from doing or continuing to do so.

(5) If the High Court makes an order under paragraph (4), it may make such ancillary orders as it considers appropriate. ”.

10.

Regulation 15

( a) Substitute the following paragraph for paragraph (1):

“(1) The Commission may appoint such and so many of its officers or officers of the Director of Consumer Affairs or any other persons whom it considers to be suitably qualified to be authorised officers for the purpose of these Regulations and the Directive.”.

( b) In paragraph (3), substitute “enabling the Commission to perform its functions” for “enabling the Director to exercise his or her functions”.

( c) Substitute the following subparagraph for paragraph (3)( c):

“( c) require any person who is on or employed at, or who is apparently the owner or in charge of, the premises, place, vehicle, vessel or aircraft―

(i) to give the officer such information, or

(ii) to produce to the officer such books, records or other documents in the possession or under the control of the person,

as the officer or the Commission reasonably requires for the performance of the functions of the officer or Commission under these Regulations; ”.

11.

Regulation 17

Substitute the following paragraphs for paragraphs (1) and (2):

“(1) As soon as practicable after completing such an examination, the Commission or designated person shall return the thing to the authorised officer concerned or to any other authorised officer to whom duties are, for the time being, assigned in relation to the matter concerned.

(2) If an authorised officer reasonably believes that a thing referred to in paragraph (1) is evidence of, or relates to, an offence under these Regulations (whether as a result of an examination referred to in that paragraph or not), the officer may retain the thing

( a) for such period from the date of seizure as is reasonable, or

( b) if proceedings are commenced under these Regulations in which the thing is to be used in evidence, until the conclusion of those proceedings.

As soon as practicable after the end of that period, or the conclusion of those proceedings, the officer, or some other authorised officer to whom duties are for the time being assigned in relation to the matter, shall deliver the thing to such person as, in the opinion of the officer, is the owner of the thing. ”.

12.

Regulation 18

In paragraph (3), substitute “by the Commission” for “by the Director”.

13.

Schedule 1

( a) Insert the following heading after Regulation 21:

“Schedule 1”.

( b) In item 5 of the matter headed “MARKING OF EQUIPMENT”, substitute “the European Commission” for “the Commission”.