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 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 under section 39 .

Annotations:

Modifications (not altering text):

C16

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, to cease to have effect as per reg. 1(2).

Powers of authorised officers

9. For the purpose of the exercise by the Regulator of its powers under Article 16 of the Mobile Phone Roaming Regulation an authorised officer may exercise any of the functions conferred on an authorised officer under section 39 of the Act of 2002, and that section and section 40 of the Act of 2002 are to be read accordingly.

C17

Section applied with modifications (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).

Enforcement by National Consumer Agency

32. ...

(3) Section 39 (2), (3), (4) and (5) and sections 40 and 41 of the Act of 2002 apply in respect of an authorised officer appointed under paragraph (2) and, for the purpose of this Regulation, references to the Commission for Communications Regulation or Commission in those provisions should be read as including references to the National Consumer Agency.

Editorial Notes:

E63

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), to cease to have effect as per reg. 1(2).

E64

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.