Wireless Telegraphy Act 1926

Government control of wireless telegraphy, etc., in emergencies.

10

10.—(1) If at any time the Executive Council is of opinion that a national emergency has arisen of such character that it is expedient in the public interest that the Executive Council should have full control over the sending and receiving of messages, signals, and other communications by means of wireless telegraphy and of signalling stations capable of being used for communicating with ships at sea, the Executive Council may, if they so think fit, publish in the Iris Oifigiúil a notice declaring that such emergency has arisen.

(2) At any time during the continuance of any such emergency as aforesaid the Minister shall by order make such regulations as appear to the Executive Council to be necessary in the circumstances of such emergency with respect to the possession, sale, purchase, construction or use of apparatus for wireless telegraphy or for the generation and distribution of electro-magnetic radiation and of such signalling stations as aforesaid and apparatus for use therein.

F26[(3) Regulations made under this section may—

(a) provide that a breach or contravention of any specified such regulation shall be an offence,

(b) in relation to convictions on indictment for such an offence, provide that the court by whom the defendant is convicted may order the interest of the defendant, whether as owner or otherwise, in all or any apparatus in respect of or by means of which the court is satisfied a breach or contravention of a specified such regulation was committed to be forfeited.]

(4) Regulations made under this section shall continue in force for so long only as the emergency during which they are made continues, save that such regulations shall be deemed to continue in force after the termination of such emergency so far as may be necessary for the trial under such regulations of persons accused of having committed during such emergency a breach or contravention of any such regulation and the punishment of such persons (if convicted) under and in accordance with such regulations.

(5) For the purposes of this section—

(a) every such emergency shall, unless continued or sooner terminated under this sub-section, terminate at the expiration of three months from the publication in the Iris Oifigiúil of the notice mentioned in sub-section (1) of this section or, when the emergency has been continued under this sub-section, at the expiration of three months from the publication in the Iris Oiftgiúil of the last notice of such continuance, and

(b) any such emergency may be terminated at any time by the publication by the Executive Council in the Iris Oifigiúil of a notice declaring that the emergency has terminated, and

(c) any such emergency may be continued by the publication by the Executive Council in the Iris Oifigiúil before the termination of the emergency of a notice declaring that the emergency still continues.

(6) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either such House shall, within twenty-one days on which that House has sat next after the regulation was laid before it, pass a resolution annulling such regulation such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

(7) No regulation which applies or relates to any ships to which the Merchant Shipping (Wireless Telegraphy) Act 1919 applies shall be made by the Minister under this section without previous consultation with the Minister for Industry and Commerce.

F27[(8) A person guilty of an offence, by reason of a breach or contravention of a regulation specified, by virtue of paragraph (a) of subsection (3) of this section, in regulations made under this section, shall be liable—

F28[(a) on summary conviction, to a fine not exceeding €5,000, or]

F28[(b) on conviction on indictment, to a fine not exceeding €250,000.]]

Annotations

Amendments:

F26

Substituted (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 12(1)(d)(i), in effect as per s. 21(2).

F27

Inserted (31.12.1988) by Broadcasting and Wireless Telegraphy Act 1988 (19/1988), s. 12(1)(d)(ii), in effect as per s. 21(2).

F28

Substituted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 181(3), commenced on enactment. A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.

Modifications (not altering text):

C17

Functions transferred and references to "Department of Public Enterprise" and "Minister for Public Enterprise" construed as Minister for and Department of Marine and Natural Resources (18.06.2002) by Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 300 of 2002), art. 4(1)(a) and sch. part 1, in effect as per art. 1(2); section repealed (12.07.2009) as per F-note above.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of the Marine and Natural Resources.

(2) References to the Department of Public Enterprise contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Marine and Natural Resources.

4. (1) The functions vested in the Minister for Public Enterprise -

(a) by or under any of the enactments or the provisions of the enactments mentioned in Part 1 of the Schedule to this Order,

(b) under the Regulations mentioned in Part 2 of that Schedule, and

(c) in relation to the Geological Survey of Ireland,

are transferred to the Minister for the Marine and Natural Resources.

(2) References to the Minister for Public Enterprise contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for the Marine and Natural Resources.

...

SCHEDULE

PART 1.

Enactments and provisions of enactments, functions under which are transferred from the Minister for Public Enterprise to the Minister for the Marine and Natural Resources.

...

Sections 3A, 9, 10 and 12A of the Wireless Telegraphy Act 1926 (No. 45 of 1926)

...

Note that the name of the Minister for and Department of Marine and Natural Resources changed to:

• the Minister for and Department of Communications, Marine and Natural Resources (19.06.2002) by Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 307 of 2002), arts. 2, 3, 4, in effect as per art. 1(2);

• the Minister for and Department of Communications, Energy and Natural Resources (20.10.2007) by Communications, Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2007 (S.I. No. 706 of 2007), arts. 2, 3, 4, in effect as per art. 1(2);

• the Minister for and Department of Communications, Climate Action and the Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016), arts. 2, 3, 4, in effect as per art. 1(2);

• the Minister for and Department of Environment, Climate and Communications (24.09.2020) by Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 373 of 2020), arts. 2, 3, 4, in effect as per art. 1(2).

C18

Application of section extended and references construed (21.12.1976) by Broadcasting Authority (Amendment) Act 1976 (37/1976), s. 20(3), commenced on enactment.

Application of sections 7, 8, 10 and 12 of Act of 1926 in relation to certain apparatus.

20.—...

(3) Subsection (2) of section 10 of the Act of 1926 shall apply to regulated apparatus in the manner it applies to apparatus for wireless telegraphy, and, accordingly, that subsection shall have effect as if “, of regulated apparatus within the meaning of section 20 of the Broadcasting Authority (Amendment) Act, 1976” were inserted after “electro-magnetic radiation”.

...

Editorial Notes:

E215

Previous affecting provision: functions transferred and references to "Minister for Communications" and "Department of Communications" construed as Minister for and Department of Tourism, Transport and Communications (8.02.1991) by Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1991 (S.I. No. 26 of 1991), arts. 3, 4, subject to transitional provisions in arts. 5, 6, 7, 9, in effect as per art. 1(2); superseded (18.06.2002) as per C-note above. Note that the name of the Minister for and Department of Tourism, Transport and Communications changed to:

• the Minister for and Department of Transport, Energy and Communications (22.01.1993) by Tourism, Transport and Communications (Alteration of Name of Department and Title of Minister) Order 1993 (S.I. No. 17 of 1993), arts. 2, 3, 4, in effect as per art. 1(2);

• the Minister for and Department of Public Enterprise (12.07.1997) by Transport, Energy and Communications (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 299 of 1997), arts. 2, 3, 4, in effect as per art. 1(2).

E216

Previous affecting provision: office of Minister for and Department of Posts and Telegraphs abolished, functions transferred and references to "Minister for Posts and Telegraphs" construed as Minister for and Department of Communications (1.02.1984) by Ministers and Secretaries (Amendment) Act 1983 (40/1983), s. 3(1), (2), in effect as per s. 3(1); superseded (8.02.1991) as per E-note above.