Communications Regulation Act 2002
Notice by Commission of intention to prosecute, etc.
44.—F128[(1) If the Commission believes on reasonable grounds that a person has committed a summary offence under this Act F129[(other than an offence under section 53, 55, 56(2), 57 or 58 of the Communications Regulation (Postal Services) Act 2011)] or under a related enactment, the Commission may give to the person (or, if the person believed to have committed the offence is a body corporate, to an officer of the body) a notice stating that—
(a) the person is alleged to have committed the offence, and
(b) if, within 21 days from the date on which the notice was given, the person, as far as is practicable, remedies to the satisfaction of the Commission the matter giving rise to the offence and pays to the Commission €1,500, accompanied by the notice, the person or body will not be prosecuted for the offence.]
(2) Where a notice is given under subsection (1)—
(a) a person to whom it applies may, during the period specified in the notice, make to the Commission the payment specified in the notice, accompanied by the notice,
(b) the Commission may receive the payment and issue a receipt for it, and any payment so received shall not be recoverable in any circumstances by the person who made it, and
(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice and, if the default is remedied to the satisfaction of the Commission and the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.
(3) In a prosecution for an offence to which this section applies, the onus of showing that a payment pursuant to a notice under this section has been made shall lie on the defendant.
(4) All payments made to the Commission in pursuance of this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.
(5) F130[…]
(6) Section 60 (other than subsection (1)(e)) applies to a notice given under this section.
(7) F130[…]
Annotations
Amendments:
F128
Substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 12(a), S.I. No. 224 of 2007.
F129
Inserted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 60, commenced on enactment.
F130
Repealed (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 12(b), S.I. No. 224 of 2007.
Modifications (not altering text):
C22
Application of section extended and restricted (9.07.2019) by European Union (Open Internet Access) Regulations 2019 (S.I. No. 343 of 2019), reg. 9(4), (5).
9. ...
(4) If —
(a) the Regulator has made an application under Regulation 8(4) to the High Court to secure an undertaking’s compliance with an obligation or direction, and
(b) it is an offence to fail to comply with that obligation or direction, proceedings may not be brought against the undertaking for such an offence under this Regulation or notice may not be given under section 44 of the Act of 2002 in respect of the undertaking’s failure to comply with the obligation or direction.
(5) An offence under this Regulation is an offence to which section 44 of the Act of 2002 applies.
C23
Application of section restricted (20.07.2016) by European Union (Reduction of Cost of Deploying High-Speed Public Communications Networks) Regulations 2016 (S.I. No. 391 of 2016), reg. 11(13).
Regulator’s dispute settlement process
11. ...
(13) If the Regulator has made an application under Regulation 12 to the High Court to secure a person’s compliance with a decision of the Regulator, the Regulator may not bring proceedings against the person for an offence under paragraph (11) or give notice under section 44 of the Act of 2002 in respect of the person’s failure to fully comply with the decision.
...
C24
Functions under subs. (4) 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:
E92
Power pursuant to subs. (1) exercised (21.07.2003) by Communications Regulation Act 2002 (Notice of Intention To Prosecute) Regulations 2003 (S.I. No. 318 of 2003).
E93
Previous affecting provision: application of section restricted (1.07.2022 to 30.06.2032) by European Communities (Mobile Telephone Roaming) Regulations 2022 (S.I. No. 315 of 2022), reg. 6(4), to cease to have effect as per reg. 1(3); reg. 6(4) revoked (9.06.2023) by European Communities (Mobile Telephone Roaming) (Amendment) Regulations 2023 (S.I. No. 302 of 2023), reg. 2(a), in effect as per reg. 1(2).
E94
Previous affecting provision: application of section extended and restricted (18.06.2013 to 30.06.2022) by Communications (Mobile Telephone Roaming) Regulations 2013 (S.I. No. 228 of 2013), reg. 7(4) and (5), ceased to have effect as per reg. 1(2).
E95
Previous affecting provision: application of section extended and restricted (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011), reg. 23; revoked revoked (9.06.2023) by European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022), reg. 116(c), in effect as per S.I. No. 300 of 2023.
E96
Previous affecting provision: application of section extended and restricted (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Access) Regulations 2011 (S.I. No. 334 of 2011), reg. 21; revoked (9.06.2023) by European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2023), reg. 116(b), as inserted (9.06.2023) by European Union (Electronic Communications Code) (Amendment) Regulations 2023 (S.I. No. 300 of 2023), reg. 2.
E97
Previous affecting provision: application of section extended and restricted (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. 35(3), (4); 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.
E98
Previous affecting provision: application of section extended and restricted (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011 (S.I. No. 333 of 2011), reg. 33; revoked (9.06.2023) by European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2023), reg. 116(a), as inserted (9.06.2023) by European Union (Electronic Communications Code) (Amendment) Regulations 2023 (S.I. No. 300 of 2023), reg. 2.
E99
Previous affecting provision: application of section extended and restricted (30.11.2007 to 30.06.2010) by Communications (Mobile Telephone Roaming) Regulations 2007 (S.I. No. 792 of 2007), regs. 6(4), (5) and (7), 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), subject to transitional provisions in reg. 11.
E100
Previous affecting provision: application of section extended (20.07.2007) by European Communities (Electromagnetic Compatibility) Regulations 2007 (S.I. No. 109 of 2007), reg. 21(6), in effect as per reg. 1(1); revoked (28.02.2017) by European Communities (Electromagnetic Compatibility) Regulations 2017 (S.I. No. 69 of 2017), reg. 33.
E101
Previous affecting provision: application of section extended and restricted (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2003 (S.I. No. 307 of 2003), regs. 33(3) and (7), 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 provisions in reg. reg. 40.
E102
Previous affecting provision: application of section extended and restricted (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003), reg. 25(2) and (5), in effect as per reg. 1(2); revoked (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011), reg. 28(2)(a), subject to transitional provisions in reg. 27.
E103
Previous affecting provision: application of section extended and restricted (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Access) Regulations 2003 (S.I. No. 305 of 2003), regs. 20(2) and (6), in effect as per reg. 1(2); revoked (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Access) Regulations 2011 (S.I. No. 334 of 2011), reg. 25(a), subject to transitional provisions in reg. 24.