Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010
Number 2 of 2010
COMMUNICATIONS REGULATION (PREMIUM RATE SERVICES AND ELECTRONIC COMMUNICATIONS INFRASTRUCTURE) ACT 2010
REVISED
Updated to 21 May 2020
This Revised Act is an administrative consolidation of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 . 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 the Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, and all statutory instruments up to and including the Bovine Viral Diarrhoea (Amendment) Regulations 2020 (S.I. No. 182 of 2020), made 21 May 2020, 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 2 of 2010
COMMUNICATIONS REGULATION (PREMIUM RATE SERVICES AND ELECTRONIC COMMUNICATIONS INFRASTRUCTURE) ACT 2010
REVISED
Updated to 21 May 2020
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 passed.
Related legislation
Communications Regulation Acts 2002 to 2017: this Act is one of a group of Acts included in this collective citation, to be read together as one ( Communications Regulation (Postal Services) (Amendment) Act 2017, s. 3(3)). The Acts in the 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 sections 62 to 65 and Part 4)
• Communications Regulation (Postal Services) (Amendment) Act 2015 (20/2015)
• Communications Regulation (Postal Services) (Amendment) Act 2017 (3/2017)
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 1972, 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)
All Acts up to and including Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Communications Regulation (Licensing of Premium Rate Services) Regulations 2012 (S.I. No. 111 of 2012)
• European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)
• Communications Regulation (Licensing of Premium Rate Services) Regulations 2010 (S.I. No. 338 of 2010)
• Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (Part 2) (Appointed Day) Order 2010 (S.I. No. 234 of 2010)
All statutory instruments up to and including Bovine Viral Diarrhoea (Amendment) Regulations 2020 (S.I. No. 182 of 2020), made 21 May 2020, were considered in the preparation of this revision.
Number 2 of 2010
COMMUNICATIONS REGULATION (PREMIUM RATE SERVICES AND ELECTRONIC COMMUNICATIONS INFRASTRUCTURE) ACT 2010
REVISED
Updated to 21 May 2020
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title, collective citation and construction.
Regulation of Premium Rate Services
5. Function of Commission to regulate premium rate services.
6. Licence to provide premium rate services.
7. Regulations specifying conditions attached to premium rate service licence.
8. Application to High Court for immediate suspension of licence, etc.
9. Investigation to ensure compliance.
10. Revocation, amendment or suspension of premium rate service licence.
12. Offence — prohibition on providing premium rate service without licence.
13. Premium rate service provider not to overcharge or charge for services not supplied.
14. Register of licensed premium rate service providers.
16. Consequential amendments of Principal Act.
18. Transfer to Commission of staff of Regtel.
19. Transitional provision — Regtel.
Electronic Communications Infrastructure
22. Emergency directions — termination of electronic communications services.
Acts Referred to
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Arbitration Acts 1954 to 1998 |
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2009, No. 18 |
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2007, No. 22 |
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2002, No. 20 |
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Companies Acts |
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2002, No. 14 |
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1987, No. 34 |
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1993, No. 14 |
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2007, No. 34 |
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Roads Acts 1993 to 2007 |
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1961, No. 24 |
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Road Traffic Acts 1961 to 2007 |
Number 2 of 2010
COMMUNICATIONS REGULATION (PREMIUM RATE SERVICES AND ELECTRONIC COMMUNICATIONS INFRASTRUCTURE) ACT 2010
REVISED
Updated to 21 May 2020
AN ACT TO PROVIDE FOR THE REGULATION OF PREMIUM RATE SERVICES BY THE COMMISSION FOR COMMUNICATIONS REGULATION AND TO AMEND THE COMMUNICATIONS REGULATION ACT 2002 AND TO PROVIDE FOR CONNECTED MATTERS.
[16 th March, 2010]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Application of collectively cited Communications Regulation Acts 2002 to 2010 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites
42. ...
(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.
...
Review of existing plans
46. ...
(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.
...
General provisions regarding licences etc
63. ...
(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.
...
SECOND SCHEDULE
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Number |
Year |
Short Title/Citation |
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... ... |
... ... |
... Communications Regulation Acts 2002 to 2010 ... |