Communications Regulation Act 2002

Number 20 of 2002

COMMUNICATIONS REGULATION ACT 2002

REVISED

Updated to 9 June 2023

This Revised Act is an administrative consolidation of Communications Regulation Act 2002. It is prepared by the Law Reform Commission in accordance with its function under 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 Regulated Professions (Health and Social Care)(Amendment) Act 2023 (14/2023), enacted 6 June 2023, and all statutory instruments up to and including the European Union (Electronic Communications Code) (Amendment) Regulations 2023 (S.I. No. 300 of 2023), made 6 June 2023, 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 20 of 2002

COMMUNICATIONS REGULATION ACT 2002

REVISED

Updated to 9 June 2023

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section
1.	Short title.
2.	Interpretation.
3.	Laying of orders and regulations before Houses of Oireachtas.
4.	Establishment day.
5.	Expenses.

PART 2

Commission for Communications Regulation

6.	Establishment of Commission.
7.	Seal of Commission.
8.	Dissolution of Office of Director of Telecommunications Regulation.
9.	Transfer of functions.
10.	Functions of Commission.
11.	Independence of Commission.
11A.	Objectivity and transparency of Commission in regulating under Electronic Communications Code Regulations.
12.	Objectives of Commission.
12A.	Power of Minister to request advice from Commission.
13.	Directions by Minister.
13A.	Purpose of sections 13B and 13C.
13B.	Power of Minister to obtain information from Commission.
13C.	Power of Minister to obtain information from undertaking.
13D.	Power of Commission to obtain information from undertaking.
13E.	Alternative procedure for enforcement of section 13C or 13D.
13EA.	Power of Commission to share information with Minister.
13F.	Power of Commission to obtain information from postal service provider.
13G.	Alternative procedure for enforcement of section 13F.
14.	Composition and procedure of Commission.
15.	Appointment and term of office of Commissioners.
16.	Appointment of Chairperson of Commission.
17.	Deputy commissioner.
18.	Resignation and removal of Commissioners.
19.	Restrictions relating to Commissioners.
20.	Staff of Commission.
21.	Performance of certain functions by staff.
22.	Consultants.
23.	Membership of Houses of Oireachtas or European Parliament by staff.
24.	Prohibition on unauthorised disclosure of information.
24A.	Protection of whistleblowers.
24B.	Tortious liability of undertaking or associate for victimising whistleblower.
24C.	Offence to make false disclosure.
25.	Disclosure of interests.
26.	Superannuation of Commissioners.
27.	Superannuation of staff.
28.	Advances by Minister to Commission.
29.	Borrowings.
30.	Levies and fees.
31.	Strategy statements.
31A.	Financial year of Commission.
31B.	Commission to prepare annual action plan.
31C.	Commission to prepare annual financial forecast.
31D.	Report on state of electronic communication markets.
32.	Accounts and annual report.
33.	Code of financial management.
34.	Accountability of Commission to Committees of Oireachtas.
35.	Radio frequency plan.
36.	Public service requirements.
37.	Regulations relating to wireless telegraphy.
38.	Repeals.

Special Powers to Require Persons to Give Evidence or Produce Documents

38A.	Commission may require persons to give evidence or produce documents.
38B.	Conduct of proceeding under this Part.
38C.	Proceeding under this Part to be normally in private.
38D.	Offence to fail to appear before Commission
38E.	Offence to refuse to be sworn or to answer question.
38F.	Protection of persons appearing before Commission under section 38A.
38G.	Payment of allowances and expenses to persons who appear before Commission.
38H.	Trial of offences under this Part.

PART 3

Enforcement

39.	Authorised officers.
39A.	Requests for information relating to investigations.
40.	Search warrants.
40A.	Search warrants in relation to certain competition law matters.
40B.	Search warrants relevant to assisting the European Commission with an inspection.
41.	Indemnification.
42.	Offences of bodies corporate.
43.	Prosecution of summary offences by Commission.
44.	Notice by Commission of intention to prosecute, etc.
45.	Undertaking not to overcharge or charge for services not supplied.
46.	Commission may apply to High Court for order to restrain repeated or apprehended contravention of section 45.
46A.	Special powers enabling Minister to make regulations to give effect to European Communities instruments relating to communications matters.
46B.	Admissibility of expert evidence in proceedings under this Act and related enactments.
46C.	Power of court to order copies of certain documents to be given to juries in certain criminal proceedings.
46D.	Presumptions to apply in civil and criminal proceedings under this Act and related enactments.
46E.	Admissibility of statements contained in certain documents.

PART 4

Transition Provisions

47.	Transfer of property and liabilities of Director to Commission.
48.	Preservation of certain continuing contracts.
49.	Adaptation of certain documents.
50.	Continuation of certain matters by Commission.
51.	Pending legal proceedings.

PART 5

Electronic Communications Infrastructure Road Works and Sharing

52.	Interpretation (Part 5).
53.	Opening of public road for establishment of underground electronic communications infrastructure.
54.	Use of public road for establishment of electronic communications infrastructure overground.
55.	Cost apportionment for electronic communications infrastructure relocation due to road improvements.
56.	Regulations and policy directions to authorities.
57.	Physical infrastructure sharing by infrastructure providers.
57A.	Power of High Court to make compliance orders in respect of conditions imposed under section 57.
58.	Lopping of trees.

PART 6

Emergency Call Answering Service (ECAS)

58A.	Interpretation: Part 6.
58B.	Power of Minister to enter into contract for the operation of emergency call answering service (ECAS).
58C.	Payment of ECAS call handling fees.
58D.	Commission to conduct review of maximum call handling fee.
58E.	ECAS operator to pay reasonable costs of Commission in monitoring service.
58F.	ECAS operator not liable for certain actions done in good faith.
58G.	Commission to report to Minister on operation of service
58H.	Interim measure pending the Minister entering into contract under section 58B.

PART 7

Miscellaneous Provisions

59.	Repeals and revocation.
60.	Service of notices.
61.	Privileged legal material.
62.	Freedom of Information Act not to apply to certain confidential information.
63.	Publication of certain notices.

SCHEDULE 1

Related Enactments for the Purposes of this Act

Part 1

Acts

Part 2

Statutory Instruments

SCHEDULE 2

Enactments Repealed

Acts Referred to

Arbitration Acts, 1954 to 1998
Broadcasting Act, 1990	1990, No. 24
Broadcasting Act, 2001	2001, No. 4
Broadcasting and Wireless Telegraphy Act, 1988	1988, No. 19
Broadcasting Authority Act, 1960	1960, No. 10
Civil Service Regulation Act, 1956	1956, No. 46
Companies Acts, 1963 to 2001
Comptroller and Auditor General (Amendment) Act, 1993	1993, No. 8
Courts Act, 1981	1981, No. 11
Dublin Transport Authority (Dissolution) Act, 1987	1987, No. 34
European Communities Act, 1972	1972, No. 27
European Parliament Elections Act, 1997	1997, No. 2
Freedom of Information Act, 1997	1997, No. 13
Irish Aviation Authority Act, 1993	1993, No. 29
Minimum Notice and Terms of Employment Acts, 1973 and 1994
Organisation of Working Time Act, 1997	1997, No. 20
Planning and Development Act, 2000	2000, No. 30
Postal and Telecommunications Services Act, 1983	1983, No. 24
Public Offices Fees Act, 1879	42 & 43 Vic., c. 58
Radio and Television Act, 1988	1988, No. 20
Redundancy Payments Acts, 1967 to 1991
Roads Act, 1993	1993, No. 14
Roads Acts, 1993 to 2001
Road Traffic Act, 1961	1961, No. 24
Road Traffic Acts, 1961 to 2002
Superannuation Act, 1909	9 Edw. 7., c. 10
Telecommunications (Miscellaneous Provisions) Act, 1996	1996, No. 34
Telegraph Act, 1863	26 & 27 Vic., c. 112
Telegraph Act, 1869	32 & 33 Vic., c. 73
Telegraph Act, 1878	41 & 42 Vic., c. 76
Telegraph Act, 1892	55 & 56 Vic., c. 59
Telegraph Act, 1899	62 & 63 Vic., c. 38
Telegraph (Amendment) Act, 1868	31 & 32 Vic., c. 110
Telegraph (Arbitration) Act, 1909	9 Edw. 7., c. 20
Telegraph (Construction) Act, 1908	8 Edw. 7., c. 33
Telegraph (Construction) Act, 1911	1 & 2 Geo. 5., c. 39
Telegraph (Construction) Act, 1916	6 & 7 Geo. 5., c. 40
Unfair Dismissals Acts, 1977 to 1993
Wireless Telegraphy Act, 1926	1926, No. 45
Wireless Telegraphy Act, 1972	1972, No. 5
Worker Protection (Regular Part-Time Employees) Act, 1991	1991, No. 5

Number 20 of 2002

COMMUNICATIONS REGULATION ACT 2002

REVISED

Updated to 9 June 2023

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS THE COMMISSION FOR COMMUNICATIONS REGULATION OR, IN THE IRISH LANGUAGE, AS AN COIMISIÚN UM RIALÁIL CUMARSÁIDE, TO DEFINE ITS FUNCTIONS, TO DISSOLVE THE OFFICE OF THE DIRECTOR OF TELECOMMUNICATIONS REGULATION, TO TRANSFER THE FUNCTIONS OF THE DIRECTOR OF TELECOMMUNICATIONS REGULATION TO THE COMMISSION FOR COMMUNICATIONS REGULATION, TO MAKE PROVISION IN RESPECT OF THE OPENING OF PUBLIC ROADS FOR ELECTRONIC COMMUNICATIONS INFRASTRUCTURE, TO PROVIDE FOR THE SHARING OF INFRASTRUCTURE, TO REPEAL CERTAIN ENACTMENTS AND PROVISIONS OF ENACTMENTS AND TO PROVIDE FOR CONNECTED MATTERS. [27th April, 2002]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Application of collectively cited Communications Regulation Acts 2002 to 2010 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 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.

...

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

Number	Year	Short Title/Citation
...	...	...
		Communications Regulation Acts 2002 to 2010
...	...	...

Functions conferred under Act extended (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (S.I. No. 336 of 2011), reg. 30(2).

Enforcement of Regulations by the Regulator

30. ...

(2) The functions of the Regulator under this Regulation shall be deemed to be included in the functions conferred on the Regulator under the Act of 2002.

Functions transferred and “Department of Public Enterprise” and “Minister for Public Enterprise” construed (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), arts. 3, 4 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.

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,

...

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.

...

Communications Regulation Act 2002 (No. 20 of 2002)

...

Editorial Notes:

Appeal procedure in relation to certain determinations and decisions under Act provided (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 52, commenced on enactment.

Previous affecting provision: functions of Regulator under Act extended (6.11.2003) by European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 (S.I. No. 535 of 2003), reg. 19(2), in effect as per reg. 1(2); revoked (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (S.I. No. 336 of 2011), reg. 35(a), subject to transitional provision in reg. 34.

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Communications Regulation Act 2002