Communications Regulation Act 2002

Search warrants.

40

40.—If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that information required by an authorised officer for the purpose of the Commission exercising its functions under this Act, a transferred function or regulations made under the Act of 1972 is held F118[on any land,] at any premises or place or on any vessel or in any vehicle, the judge may issue a warrant authorising the authorised officer, accompanied if the officer considers it necessary by other authorised officers or members of the Garda Síochána, at any time or times, within one month from the date of issue of the warrant, on production, if so required, of the warrant, to enter, if need be by reasonable force, F119[the land, premises], place, vessel or vehicle and exercise all or any of the powers conferred on an authorised officer under section 39.

Annotations

Amendments:

F118

Inserted (9.06.2023) by Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (4/2023), s. 125, S.I. No. 299 of 2023.

F119

Substituted (9.06.2023) by Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (4/2023), s. 125, S.I. No. 299 of 2023.

F120

Substituted by Competition (Amendment) Act 2022 (12/2022), s. 40, not commenced as of date of revision, subject to transitional provisions in s. 3.

Modifications (not altering text):

C19

Prospective amending provision: section amended by Competition (Amendment) Act 2022 (12/2022), s. 40, not commenced as of date of revision, subject to transitional provisions in s. 3.

40.—If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that information required by an authorised officer for the purpose of the Commission exercising its functions under this Act, a transferred function or regulations made under the Act of 1972 is held at any premises or place or on any vessel or in any vehicle, the judge may issue a warrant authorising the authorised officer, accompanied if the officer considers it necessary by other authorised officers or members of the Garda Síochána, at any time or times, within one month from the date of issue of the warrant, on production, if so required, of the warrant, to enter, if need be by reasonable force, the premises, place, vessel or vehicle and exercise all or any of the powers conferred on an authorised officer F120[under section 39 other than subsection (3B) of that section.]

Editorial Notes:

E86

Previous affecting provision: application of section extended (18.06.2013 to 30.06.2022) by Communications (Mobile Telephone Roaming) Regulations 2013 (S.I. No. 228 of 2013), reg. 9, ceased to have effect as per reg. 1(2).

E87

Previous affecting provision: application of section extended (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. 32(3); revoked (9.06.2023) by European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022), reg. 116(d), in effect as per S.I. No. 300 of 2023.

E88

Previous affecting provision: application of section extended (30.11.2007 to 30.06.2010) by Communications (Mobile Telephone Roaming) Regulations 2007 (S.I. No. 792 of 2007), reg. 8, to cease to have effect as per reg. 1(2); revoked (18.06.2013 to 30.06.2022) by Communications (Mobile Telephone Roaming) Regulations 2013 (S.I. No. 228 of 2013), reg. 12(a), ceased to have effect as per reg. 1(2).

E89

Previous affecting provision: application of section extended (25.07.2003) by Communications (Mobile Telephone Roaming) Regulations 2007 (S.I. No. 308 of 2003), reg. 33(3), 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 provision in reg. 38.