Communications Regulation Act 2002

Levies and fees.

30

30.—(1) For the purpose of—

( a) meeting expenses properly incurred by the Commission in the discharge of its functions in relation to electronic F57 [ communications, ]

( b) enabling the Minister to pay contributions or other membership charges to international telecommunications F57 [ organisations, and ]

F58 [ (c) F59 [ ] ]

the Commission may make an order imposing a levy on F57 [ providers of electronic communications services and on providers of electronic communications networks which are deemed to be authorised under Regulation 4 of the European Communities (Electronic Communications Networks and Services)(Authorisation) Regulations 2003 ( S.I. No. 306 of 2003 ) ].

F60 [ (1A) For the purposes of subsection (1) , the expenses of the Commission in relation to the discharge of its functions in relation to electronic communications shall

( a ) in total, cover only the administrative costs which will be incurred in the management, control and enforcement of the general authorisation scheme, the licensing scheme for the licence concerned, the schemes for the grant of rights of use for numbers and specific obligations, and may include costs for international co-operation, harmonisation and standardisation, market analysis, monitoring compliance and other market control, as well as regulatory work involving preparation and enforcement of any orders under section 3(6) (inserted by section 11(c) of the Wireless Telegraphy Act 1972 ) of the Wireless Telegraphy Act 1926 or regulations under section 6 of that Act relating to apparatus for wireless telegraphy for the provision of an electronic communications network or service and administrative decisions, such as decisions on access and interconnection, and

( b ) be imposed by the Commission on an individual undertaking in an objective, transparent and proportionate manner which minimises additional administrative costs and attendant charges. ]

F61 [ (2) Subject to subsection (11A) , for the purpose of meeting expenses properly incurred by the Commission in the discharge of its functions relating to postal services the Commission may make an order imposing a levy on postal service providers providing postal services within the scope of the universal postal service. ]

F62 [ (2A) For the purpose of meeting expenses properly incurred by the Commission in the discharge of its function in relation to premium rate services, the Commission may make an order imposing a levy on premium rate service providers. ]

(3) Whenever a levy order is made there shall be paid to the Commission by each F63 [ provider of postal services F64 [ referred to in subsection (2) ] or each provider of electronic communications services F65 [ or premium rate services ] or electronic communications networks referred to in subsection (1) ] as the case may be such amount as shall be appropriate having regard to the terms of the levy order.

(4) A levy order, including a levy order made under the Act of 1996, may be amended or revoked by the Commission.

(5) Any surplus of levy income over the expenses incurred by the Commission in the discharge of its functions relevant to that levy in a particular financial year shall either—

( a) be retained by the Commission to be offset against levy obligations for the subsequent year, or

( b) be refunded proportionately to the providers on whom the levy is imposed.

F66 [ (6) Subject to subsections (7) and (8) , the Commission is entitled to retain for its own use all fees and levies paid to or recovered by it under this Act, a related enactment or any other enactment that expressly provides for a fee or levy to be paid to the Commission. ]

(7) The Minister may, with the consent of the Minister for Finance, direct the Commission to pay into the Exchequer such sum as he or she may, subject to subsection (8), specify being a sum that, subject to subsection (8), represents the amount by which the aggregate sum received by the Commission in each financial year exceeds the aggregate costs incurred in the administration of its office in that year, less the sum of any surplus referred to in subsection (5) and any interim payments made in accordance with subsection (9).

(8) The method of calculation of the surplus referred to in subsection (7) shall be such method as may be determined by the Minister, with the consent of the Minister for Finance, after consultation with the Commission, taking into account any reasonable requirements of the Commission for funds to meet expenses.

(9) Where the Commission receives substantial licence fee income, the Minister may, after consultation with the Commission and with the consent of the Minister for Finance, direct the Commission to pay into the Exchequer, such sum which represents an interim payment of the sum referred to in subsection (7).

(10) The Public Offices Fees Act, 1879, does not apply in respect of fees payable to the Commission pursuant to this Act.

F67 [ (11) The Commission shall not impose a levy on providers of

( a ) electronic communications for the purpose of meeting expenses properly incurred by the Commission in the discharge of its functions in respect of postal services or premium rate services,

( b ) postal services for the purpose of meeting expenses properly incurred by the Commission in the discharge of its functions in respect of electronic communications services or premium rate services, or

( c ) premium rate services for the purposes of meeting expenses properly incurred by the Commission in the discharge of its functions in respect of postal services or electronic communications services. ]

F68 [ (11A) ( a ) A levy imposed pursuant to subsection (2) shall be imposed in an objective, transparent and proportionate manner which minimises additional administrative costs and attendant charges to the Commission.

( b ) For the purposes of paragraph ( a ) and having regard to

(i) its objectives under section 12(1)( c ) ,

(ii) the impact of the levy on postal service providers, and

(iii) the need to minimise any distortion or restriction of competition in the market for the provision of the postal services concerned,

the Commission may make a determination that such class or classes of postal service provider referred to in subsection (2) are exempt from an order made under that subsection. ]

(12) The Commission may recover as a simple contract debt in any court of competent jurisdiction from the person by whom it is payable any amount due and owing to it under this section.

F69 [ (12A) The Commission shall, in relation to a levy order, cause to be published, whether in its annual report and accounts referred to in section 32 or otherwise, an annual overview of its administrative costs and of the total sum of the charges collected under subsection (1) .

(12B) The Commission shall, in the case of charges imposed on an annual basis, make appropriate repayments or compensation in the case of overcharging or additional charges in the case of undercharging by a person to whom a charge is imposed in the light of any difference between the total sum of the administrative charges collected under subsection (1) and the administrative costs incurred. ]

(13) In this section “levy order” means an order imposing levy under F70 [ this section ].

Annotations:

Amendments:

F57

Substituted (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003), reg. 19(a)(i), (ii) and (iv), in effect as per reg. 1(2).

F58

Inserted (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003), reg. 19(a)(iii), in effect as per reg. 1(2).

F59

Repealed (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011), regs. 28(1).

F60

Inserted (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003), regs. 1(2) and 19(d)

F61

Substituted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 44(a), commenced on enactment.

F62

Inserted (12.07.2010) by Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010), s. 16(d)(i), S.I. No. 234 of 2010.

F63

Substituted (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003), reg. 19(b), in effect as per reg. 1(2).

F64

Inserted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 44(b), commenced on enactment.

F65

Inserted (12.07.2010) by Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010), s. 16(d)(ii), S.I. No. 234 of 2010.

F66

Substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 8, S.I. No. 224 of 2007.

F67

Substituted (12.07.2010) by Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010), s. 16(d)(iii), S.I. No. 234 of 2010.

F68

Inserted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 44(c), commenced on enactment.

F69

Inserted (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003), reg. 19(e), in effect as per reg. 1(2).

F70

Substituted (12.07.2010) by Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010), s. 16(d)(iv), S.I. No. 234 of 2010.

Modifications (not altering text):

C9

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

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

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 20 of 2002

Communications Regulation Act 2002

Section 13(6), 28, 30, 33 and 44(4)

...

...

...

Editorial Notes:

E11

Power pursuant to subs. (2) exercised (29.05.2013) by Communications Regulation Act 2002 (Section 30) Postal Levy Order 2013 (S.I. No. 181 of 2013).

E12

Power pursuant to section exercised (12.07.2010) by Communications Regulation Acts 2002 to 2010 (Section 30) Premium Rate Services Interim Levy Order 2010 (S.I. No. 339 of 2010), in effect as per art. 1(2).

E13

Power pursuant to section exercised (29.08.2003) by Communications Regulation Act, 2002, (Section 30) (Amendment) Levy Order 2003 (S.I. No. 392 of 2003). This instrument amends the “principal order” without defining it; it appears to refer to Communications Regulation Act, 2002 (Section 30) Levy Order 2003 (S.I. No. 346 of 2003).

E14

Power pursuant to section exercised (25.07.2003) by Communications Regulation Act, 2002 (Section 30) Levy Order 2003 (S.I. No. 346 of 2003), in effect as per art. 1(2).

E15

Previous affecting provisions: power pursuant to section exercised (1.07.2005) by Communications Regulation Act 2002 (Section 30) Postal Levy Order 2005 (S.I. No. 319 of 2005), in effect as per art. 1(2); revoked (29.05.2013) by Communications Regulation Act 2002 (Section 30) Postal Levy Order 2013 (S.I. No. 181 of 2013), art. 9.

E16

Previous affecting provisions: power pursuant to section exercised (1.07.2004) by Communications Regulation Act 2002 (Section 30) Postal Levy Order 2004 (S.I. No. 401 of 2004), in effect as per art. 1(2); revoked (1.07.2005) by Communications Regulation Act 2002 (Section 30) Postal Levy Order 2005 (S.I. No. 319 of 2005), art. 9, in effect as per art. 1(2).

E17

Previous affecting provision: power pursuant to section exercised (1.04.2004 to 30.06.2004) by Communications Regulation Act, 2002 (Section 30) Postal Levy Order 2003 (S.I. No. 733 of 2003), in effect as per art. 1(2).

E18

Previous affecting provision: subs. (1)(c) inserted (25.07.2003) by European Communities (Electronic Communications Networks and Services)(Authorisation) Regulations 2003 (S.I. No. 306 of 2003), regs. 1(2) and 19(a); repealed as per F-note above.

E19

Previous affecting provision: subs. (11)(b) amended (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003), reg. 19(c), in effect as per reg. 1(2); substituted as per F-note above.

E20

Previous affecting provision: application of section extended to include additional expenses for purposes of section (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations 2003 (S.I. No. 308 of 2003), reg. 28(8), in effect as per reg. 1(2); revoked (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations 2011 (S.I. No. 337 of 2011), reg. 39(a), subject to transitional provisions in reg. 38.

E21

Previous affecting provision: application of subs. (1) extended to include additional expenses for appeal panel (25.07.2003) by European Communities (Electronic Communications Networks and Services)(Framework) Regulations 2003 (S.I. No. 307 of 2003), reg. 14(4), in effect as per reg. 1(2); revoked (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011 (S.I. No. 333 of 2011), reg. 41, subject to transitional provision in reg. 40.