Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010

3

Definitions (Part 2).

3.— In this Part—

“Act of 2007” means Communications Regulation (Amendment) Act 2007;

“broadcasting service” has the meaning assigned to it by the Broadcasting Act 2009 F1[, except that it does not include any audio or audiovisual services provided by way of the internet];

“end user” has the meaning assigned to it by section 13 (5);

“facility” in relation to the provision of premium rate services, includes a facility—

(a) for making a payment for goods or services,

(b) for entering a competition or claiming a prize,

(c) for registering a vote or recording a preference, or

(d) for enabling access to a premium rate service;

“licence” means a premium rate service licence;

“Minister” means Minister for Communications, Energy and Natural Resources;

“premium rate service” means a service having all of the following characteristics:

(a) it consists in the provision of the contents of communications (other than a broadcasting service) through an electronic communications network or by using an electronic communications service, which may include or allow the use of a facility made available to the users of the service,

(b) there is a charge for the provision of the service which exceeds the cost attributable to communications carriage alone, and

(c) the charge referred to in paragraph (b) is paid by the end user of the service directly or indirectly to the provider of the electronic communications network or electronic communications service used in connection with the provision of the service by means of a billing or other agreed payment mechanism;

“premium rate service licence” means a licence authorising a premium rate service provider to provide a premium rate service under and in accordance with section 6;

“premium rate service provider” means a person who does any or all of the following, for gain:

(a) provides the contents of a premium rate service,

(b) exercises editorial control over the contents of a premium rate service,

(c) packages together the contents of a premium rate service for the purpose of facilitating its provision,

(d) makes available a facility as part of a premium rate service,

(e) transfers a premium rate service from a content provider to one or more electronic communications networks, or

(f) provides the electronic communications service over which a premium rate service is provided, or provides the electronic communications network over which a premium rate service is transmitted;

“Regtel” means Regulator of Premium Rate Telecommunications Services Limited formed under the Companies Acts on 1 June 1995 (registration number 234027);

“specified premium rate service” means a premium rate service which is a premium rate service specified in regulations under section 7 as being a premium rate service which is required to be licensed under section 6.

Annotations

Amendments:

F1

Inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2023), s. 76(a), S.I. No. 71 of 2023, art. 2(f).

Modifications (not altering text):

C3

Functions transferred and references to Minister for and Department of the Environment, Climate and Communications construed as Minister for and Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media (1.06.2025) by Telecommunications (Transfer of Departmental Administration and Ministerial Functions) Order 2025 (S.I. No. 237 of 2025), arts. 2, 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. See below in E-notes for history of transfers of functions and changes of names of Minister and Department.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media.

(2) References to the Department of the Environment, Climate and Communications contained in any Act or any instrument made under an Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media.

3. (1) The functions vested in the Minister for the Environment, Climate and Communications —

(a) by or under the Acts or provisions of the Acts mentioned in Part 1 of the Schedule,

...

are transferred to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media.

(2) References to the Minister for the Environment, Climate and Communications contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media.

Schedule

Part 1

Sections 10 and 12A of the Wireless Telegraphy Act 1926 (No 45 of 1926)

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Note change of name of Minister and Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media to

Culture, Communications and Sport (2.06.2025) by Tourism, Culture, Arts, Gaeltacht, Sport and Media (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 236 of 2025), in effect as per art. 1(2).

Editorial Notes:

E1

Previous affecting provisions: note that the name of the Minister for and Department of Communnications, Energy and Natural Resources changed to:

Communications, Climate Action and the Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016), arts. 2, 3, 4, in effect as per art. 1(2);

Environment, Climate and Communications (24.09.2020) by Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 373 of 2020), arts. 2, 3, 4, in effect as per art. 1(2).