Communications Regulation Act 2002

Contents

1. Art. 1 Short title.
2. Art. 2 Interpretation.
3. Art. 3 Laying of orders and regulations before Houses of Oireachtas.
4. Art. 4 Establishment day.
5. Art. 5 Expenses.
6. Art. 6 Establishment of Commission.
7. Art. 7 Seal of Commission.
8. Art. 8 Dissolution of Office of Director of Telecommunications Regulation.
9. Art. 9 Transfer of functions.
10. Art. 10 Functions of Commission.
11. Art. 11 Independence of Commission.
12. Art. 11A Objectivity and transparency of Commission in regulating under Electronic Communications Code Regulations.
13. Art. 12 Objectives of Commission.
14. Art. 12A Power of Minister to request advice from Commission
15. Art. 13 Directions by Minister.
16. Art. 13A Purpose of sections 13B and 13C.
17. Art. 13B Power of Minister to obtain information from Commission.
18. Art. 13C Power of Minister to obtain information from undertaking.
19. Art. 13D Power of Commission to obtain information from undertaking.
20. Art. 13E Alternative procedure for enforcement of section 13C or 13D.
21. Art. 13EA Power of Commission to share information with Minister
22. Art. 13F Power of Commission to obtain information from postal service provider.
23. Art. 13G Alternative procedure for enforcement of section 13F.
24. Art. 14 Composition and procedure of Commission.
25. Art. 15 Appointment and term of office of Commissioners.
26. Art. 16 Appointment of Chairperson of Commission.
27. Art. 17 Deputy commissioner.
28. Art. 18 Resignation and removal of Commissioners.
29. Art. 19 Restrictions relating to Commissioners.
30. Art. 20 Staff of Commission.
31. Art. 21 Performance of certain functions by staff.
32. Art. 22 Consultants.
33. Art. 23 Membership of Houses of Oireachtas or European Parliament by staff.
34. Art. 24 Prohibition on unauthorised disclosure of information.
35. Art. 24A Protection of whistleblowers.
36. Art. 24B Tortious liability of undertaking or associate for victimising whistleblower.
37. Art. 24C Offence to make false disclosure.
38. Art. 25 Disclosure of interests.
39. Art. 26 Superannuation of Commissioners.
40. Art. 27 Superannuation of staff.
41. Art. 28 Advances by Minister to Commission.
42. Art. 29 Borrowings.
43. Art. 30 Levies and fees.
44. Art. 31 Strategy statements.
45. Art. 31A Financial year of Commission.
46. Art. 31B Commission to prepare annual action plan.
47. Art. 31C Commission to prepare annual financial forecast.
48. Art. 31D Report on state of electronic communication markets.
49. Art. 32 Accounts and annual report.
50. Art. 33 Code of financial management.
51. Art. 34 Accountability of Commission to Committees of Oireachtas.
52. Art. 35 Radio frequency plan.
53. Art. 36 Public service requirements.
54. Art. 37 Regulations relating to wireless telegraphy.
55. Art. 38 Repeals.
56. Art. 38A Commission may require persons to give evidence or produce documents.
57. Art. 38B Conduct of proceeding under this Part.
58. Art. 38C Proceeding under this Part to be normally in private.
59. Art. 38D Offence to fail to appear before Commission.
60. Art. 38E Offence to refuse to be sworn or to answer question.
61. Art. 38F Protection of persons appearing before Commission under section 38A.
62. Art. 38G Payment of allowances and expenses to persons who appear before Commission.
63. Art. 38H Trial of offences under this Part.
64. Art. 39 Authorised officers.
65. Art. 39A Requests for information relating to investigations.
66. Art. 40 Search warrants.
67. Art. 40A Search warrants in relation to certain competition law matters.
68. Art. 40B Search warrants relevant to assisting the European Commission with an inspection.
69. Art. 41 Indemnification.
70. Art. 42 Offences of bodies corporate.
71. Art. 43 Prosecution of summary offences by Commission.
72. Art. 44 Notice by Commission of intention to prosecute, etc.
73. Art. 45 Undertaking not to overcharge or charge for services not supplied.
74. Art. 46A Special powers enabling Minister to make regulations to give effect to European Communities instruments relating to communications matters.
75. Art. 46B Admissibility of expert evidence in proceedings under this Act and related enactments.
76. Art. 46C Power of court to order copies of certain documents to be given to juries in certain criminal proceedings.
77. Art. 46D Presumptions to apply in civil and criminal proceedings under this Act and related enactments.
78. Art. 46E Admissibility of statements contained in certain documents.
79. Art. 47 Transfer of property and liabilities of Director to Commission.
80. Art. 48 Preservation of certain continuing contracts.
81. Art. 49 Adaptation of certain documents.
82. Art. 50 Continuation of certain matters by Commission.
83. Art. 51 Pending legal proceedings.
84. Art. 52 Interpretation (Part 5).
85. Art. 53 Opening of public road for establishment of underground electronic communications infrastructure.
86. Art. 54 Use of public road for establishment of electronic communications infrastructure overground.
87. Art. 55 Cost apportionment for electronic communications infrastructure relocation due to road improvements.
88. Art. 56 Regulations and policy directions to authorities.
89. Art. 57 Physical infrastructure sharing by infrastructure providers.
90. Art. 57A Power of High Court to make compliance orders in respect of conditions imposed under section 57.
91. Art. 58 Lopping of trees.
92. Art. 58A Interpretation: Part 6.
93. Art. 58B Power of Minister to enter into contract for the operation of emergency call answering service (ECAS).
94. Art. 58C Payment of ECAS call handling fees.
95. Art. 58D Commission to conduct review of maximum call handling fee.
96. Art. 58E ECAS operator to pay reasonable costs of Commission in monitoring service.
97. Art. 58F ECAS operator not liable for certain actions done in good faith.
98. Art. 58G Commission to report to Minister on operation of service.
99. Art. 58H Interim measure pending the Minister entering into contract under section 58B.
100. Art. 59 Repeals and revocation.
101. Art. 60 Service of notices.
102. Art. 61 Privileged legal material
103. Art. 62 Freedom of Information Act not to apply to certain confidential information
104. Art. 63 Publication of certain notices