Communications Regulation (Amendment) Act 2007

30.

Substitution of section 47 of Competition Act 2002.

30.— The Competition Act 2002 is amended by substituting the following section for section 47:

“Power to disclose certain information relating to offences under this Act.

47.— (1) An authorised person may disclose to the Authority, a member of the Authority, a member of the Authority’s staff or an authorised officer of the Authority any information that, in the person’s opinion, relates to the commission of an offence against this Act.

(2) However, in the case of an offence under section 6 or 7 relating to the provision of an electronic communications service or electronic communications network, or associated facilities, an authorised person may also disclose the information to the Commission, a member of the Commission or a member of the Commission’s staff.

(3) This section has effect despite any other law to the contrary.

(4) In this section, ‘ authorised person ’ means—

( a) the Director of Corporate Enforcement, or

( b) a member of the Garda Síochána, or

( c) a person, or a person belonging to a class of persons, designated under subsection (5).

(5) The Minister may, by notice published in Iris Oifigiúil, designate a person or a class of persons for the purpose of paragraph ( c) of the definition of ‘authorised person’ in subsection (4).”.