Communications Regulation (Postal Services) Act 2011

59.

Amendment of section 43 of Principal Act (prosecution of summary offences by Commission).

59.— Section 43 of the Principal Act is amended—

( a) by substituting the following for subsection (2):

“(2) Subsection (1) does not apply to a prosecution for an offence under—

( a) section 53(2),

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

( c) the European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 ( S.I. No. 535 of 2003), or

( d) section 53 , 55 , 56(2) , 57 or 58 of the Communications Regulation (Postal Services) Act 2011.”,

and

( b) by inserting the following after subsection (2):

“(3) ( a) In this subsection “relevant offence” means an offence under—

(i) section 13C(2) or (5), 13D(2) or (5), 13F(5), 24(3), 38C, 38D, 38E, 39(6) or 45(2) of this Act,

(ii) section 13 of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 , or

(iii) section 38(7) , 42(4) , 56(1) or (2), 57(2) or 58 of the Communications Regulation (Postal Services) Act 2011.

( b) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for a relevant offence may be instituted within 12 months from the date on which the offence was committed.”.