Competition Act 2002
Regulations and orders.
52.—(1) F192[Subject to subsection (3), the Minister may] by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.
(2) Every regulation under this Act and every order under this Act (other than an order under section 2, subsection (4) or (5) of section 18 F193[…] or section 27(1)) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House has sat after the regulation or order is laid before it, the regulation or order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
F194[(3) In relation to any matter referred to in Parts 2C to 2H as prescribed, to be prescribed or otherwise to be provided for by the Minister in regulations—
(a) where the regulations in question relate wholly to the composition, rules, procedures, staffing, functions or duties of, or any other matter relating to, the Commission, such regulations may be made by the Minister after consulting with the Minister for the Environment, Climate and Communications,
(b) where the regulations in question relate wholly to the composition, rules, procedures, staffing, functions or duties of, or any other matter relating to, the Commission for Communications Regulation, such regulations may be made by the Minister for the Environment, Climate and Communications after consulting with the Minister, and
(c) where the regulations in question relate jointly to the composition, rules, procedures, staffing, functions or duties of, or any other matter relating to both the Commission and the Commission for Communications Regulation, such regulations may be made by the Minister after consulting with the Minister for the Environment, Climate and Communications,
and in this Act, "relevant Minister" shall accordingly be interpreted as the Minister or the Minister for the Environment, Climate and Communications as the case may be.]
Annotations
Amendments:
F192
Substituted (27.09.2023) by Competition (Amendment) Act 2022 (12/2022), s. 22(a), S.I. No. 448 of 2023, subject to transitional provisions in s. 3.
F193
Deleted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 73, S.I. No. 366 of 2014.
F194
Inserted (27.09.2023) by Competition (Amendment) Act 2022 (12/2022), s. 22(b), S.I. No. 448 of 2023, subject to transitional provisions in s. 3.
Modifications (not altering text):
C26
Functions transferred and references to Minster for and Department of Environment, Climate and Communications construed as Minister for and Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media (1.06.2025) by Telecommunications (Transfer of Departmental Administration and Ministerial Functions) Order 2025 (S.I. No. 237 of 2025), arts. 2, 3, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media.
(2) References to the Department of the Environment, Climate and Communications contained in any Act or any instrument made under an Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media.
3. (1) The functions vested in the Minister for the Environment, Climate and Communications –
(a) by or under the Acts or provisions of the Acts mentioned in Part 1 of the Schedule,
(b) Under the Regulations or provisions of the Regulations mentioned in Part 2 of that Schedule,
are transferred to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media.
(2) References to the Minister for the Environment, Climate and Communications contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media.
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Schedule
Part 1
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A function of the Minister for the Environment, Climate and Communications under the Competition Act 2002 (amended by the Competition (Amendment) Act 2022 (No. 12 of 2022)) (No. 14 of 2002) as a relevant Minister (within the meaning of the Competition Act 2002)
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