11.— The Principal Act is amended by substituting the following section for section 43:

“Prosecution of summary offences by Commission.

43.— (1) Subject to subsection (2), a summary offence under this Act or a related enactment may be prosecuted only by the Commission or by some other person authorised by law to prosecute offences.

(2) Subsection (1) does not apply to a prosecution for―

(a) an offence under section 53(2) of this Act,

(b) an offence under the European Communities (Electronic Communications Networks and Services)(Universal Services and Users’ Rights) Regulations (S.I. No. 308 of 2003), or

(c) an offence under the European Communities (Electronic Communications Networks and Services)(Data Protection and Privacy) Regulations (S.I. No. 535 of 2003).”.