Communications Regulation Act, 2002

Communications Regulation Act, 2002 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2002 Communications Regulation Act, 2002 Communications Regulation Act, 2002 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 20 of 2002 COMMUNICATIONS REGULATION ACT, 2002 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title. 2. Interpretation. 3. Laying of orders and regulations before Houses of Oireachtas. 4. Establishment day. 5. Expenses. PART 2 Commission for Communications Regulation 6. Establishment of Commission. 7. Seal of Commission. 8. Dissolution of Office of Director of Telecommunications Regulation. 9. Transfer of functions. 10. Functions of Commission. 11. Independence of Commission. 12. Objectives of Commission. 13. Directions by Minister. 14. Composition and procedure of Commission. 15. Appointment and term of office of Commissioners. 16. Appointment of Chairperson of Commission. 17. Deputy commissioner. 18. Resignation and removal of Commissioners. 19. Restrictions relating to Commissioners. 20. Staff of Commission. 21. Performance of certain functions by staff. 22. Consultants. 23. Membership of Houses of Oireachtas or European Parliament by staff. 24. Prohibition on unauthorised disclosure of information. 25. Disclosure of interests. 26. Superannuation of Commissioners. 27. Superannuation of staff. 28. Advances by Minister to Commission. 29. Borrowings. 30. Levies and fees. 31. Strategy statements. 32. Accounts and annual report. 33. Code of financial management. 34. Accountability of Commission to Committees of Oireachtas. 35. Radio frequency plan. 36. Public service requirements. 37. Regulations relating to wireless telegraphy. 38. Repeals. PART 3 Enforcement 39. Authorised officers. 40. Search warrants. 41. Indemnification. 42. Offences of bodies corporate. 43. Prosecution of summary offences by Commission. 44. Notice by Commission of intention to prosecute, etc. 45. Increase of penalties under section 111(11) of Postal and Telecommunications Services Act, 1983. 46. Amendment of section 13 of Act of 1996 (offences and increase of penalties). PART 4 Transition Provisions 47. Transfer of property and liabilities of Director to Commission. 48. Preservation of certain continuing contracts. 49. Adaptation of certain documents. 50. Continuation of certain matters by Commission. 51. Pending legal proceedings. PART 5 Electronic Communications Infrastructure Road Works and Sharing 52. Interpretation (Part 5). 53. Opening of public road for establishment of underground electronic communications infrastructure. 54. Use of public road for establishment of electronic communications infrastructure overground. 55. Cost apportionment for electronic communications infrastructure relocation due to road improvements. 56. Regulations and policy of directions to road authorities. 57. Physical infrastructure sharing by infrastructure providers. 58. Lopping of trees. 59. Repeals and revocation. 60. Service of notices. SCHEDULE 1 Transfer of Functions from Director to Commission Part 1 Functions under Acts which are transferred Part 2 Functions under Statutory Instruments which are transferred SCHEDULE 2 Enactments Repealed Acts Referred to Arbitration Acts, 1954 to 1998 Broadcasting Act, 1990 1990, No. 24 Broadcasting Act, 2001 2001, No. 4 Broadcasting and Wireless Telegraphy Act, 1988 1988, No. 19 Broadcasting Authority Act, 1960 1960, No. 10 Civil Service Regulation Act, 1956 1956, No. 46 Companies Acts, 1963 to 2001 Comptroller and Auditor General (Amendment) Act, 1993 1993, No. 8 Courts Act, 1981 1981, No. 11 Dublin Transport Authority (Dissolution) Act, 1987 1987, No. 34 European Communities Act, 1972 1972, No. 27 European Parliament Elections Act, 1997 1997, No. 2 Freedom of Information Act, 1997 1997, No. 13 Irish Aviation Authority Act, 1993 1993, No. 29 Minimum Notice and Terms of Employment Acts, 1973 and 1994 Organisation of Working Time Act, 1997 1997, No. 20 Planning and Development Act, 2000 2000, No. 30 Postal and Telecommunications Services Act, 1983 1983, No. 24 Public Offices Fees Act, 1879 42 & 43 Vic., c. 58 Radio and Television Act, 1988 1988, No. 20 Redundancy Payments Acts, 1967 to 1991 Roads Act, 1993 1993, No. 14 Roads Acts, 1993 to 2001 Road Traffic Act, 1961 1961, No. 24 Road Traffic Acts, 1961 to 2002 Superannuation Act, 1909 9 Edw. 7., c. 10 Telecommunications (Miscellaneous Provisions) Act, 1996 1996, No. 34 Telegraph Act, 1863 26 & 27 Vic., c. 112 Telegraph Act, 1869 32 & 33 Vic., c. 73 Telegraph Act, 1878 41 & 42 Vic., c. 76 Telegraph Act, 1892 55 & 56 Vic., c. 59 Telegraph Act, 1899 62 & 63 Vic., c. 38 Telegraph (Amendment) Act, 1868 31 & 32 Vic., c. 110 Telegraph (Arbitration) Act, 1909 9 Edw. 7., c. 20 Telegraph (Construction) Act, 1908 8 Edw. 7., c. 33 Telegraph (Construction) Act, 1911 1 & 2 Geo. 5., c. 39 Telegraph (Construction) Act, 1916 6 & 7 Geo. 5., c. 40 Unfair Dismissals Acts, 1977 to 1993 Wireless Telegraphy Act, 1926 1926, No. 45 Wireless Telegraphy Act, 1972 1972, No. 5 Worker Protection (Regular Part-Time Employees) Act, 1991 1991, No. 5 Number 20 of 2002 COMMUNICATIONS REGULATION ACT, 2002 AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS THE COMMISSION FOR COMMUNICATIONS REGULATION OR, IN THE IRISH LANGUAGE, AS AN COIMISIÚN UM RIALÁIL CUMARSÁIDE, TO DEFINE ITS FUNCTIONS, TO DISSOLVE THE OFFICE OF THE DIRECTOR OF TELECOMMUNICATIONS REGULATION, TO TRANSFER THE FUNCTIONS OF THE DIRECTOR OF TELECOMMUNICATIONS REGULATION TO THE COMMISSION FOR COMMUNICATIONS REGULATION, TO MAKE PROVISION IN RESPECT OF THE OPENING OF PUBLIC ROADS FOR ELECTRONIC COMMUNICATIONS INFRASTRUCTURE, TO PROVIDE FOR THE SHARING OF INFRASTRUCTURE, TO REPEAL CERTAIN ENACTMENTS AND PROVISIONS OF ENACTMENTS AND TO PROVIDE FOR CONNECTED MATTERS. [27th April, 2002] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General Short title. 1.—This Act may be cited as the Communications Regulation Act, 2002. Interpretation. 2.—(1) In this Act, except where the context otherwise requires— “Act of 1972” means European Communities Act, 1972 ; “Act of 1996” means Telecommunications (Miscellaneous Provisions) Act, 1996 ; “associated facilities” means those facilities associated with either or both— (a) an electronic communications network, and (b) an electronic communications service, which enable or support the provision of services by way of that network or service, and includes conditional access systems and electronic programme guides; “Civil Service” has the meaning assigned to it by the Civil Service Regulation Act, 1956 ; “Commission” means the Commission for Communications Regulation established by Part 2; “Commissioner” means a member of the Commission; “Community” means European Communities; “conditional access systems” means any technical measure or arrangement whereby access to a protected radio or television broadcasting service in intelligible form is made conditional upon subscription or other form of prior individual authorisation; “Director” means the Director of Telecommunications Regulation appointed under the Act of 1996 and, where the context so admits, includes the Office of the Director of Telecommunications Regulation; “electronic communications market” means electronic communications networks, electronic communications services and associated facilities; “electronic communications network” means transmission systems including, where applicable— (a) switching equipment, (b) routing equipment, (c) other resources, which permit the conveyance of signals by wire, by radio, by optical or by other electromagnetic means, and such conveyance includes the use of— (i) satellite networks, (ii) electricity cable systems, to the extent that they are used for the purposes of transmitting signals, (iii) fixed terrestrial networks (both circuit-switched and packet-switched, including the Internet), (iv) mobile terrestrial networks, (v) networks used for either or both radio and television broadcasting, and (vi) cable television networks, irrespective of the type of information conveyed; “electronic communications service” means a service normally provided for remuneration which consists wholly or mainly in the conveyance of signals on electronic communications networks, including telecommunications services, publicly available telephone services and transmission services in networks used for broadcasting, but does not include— (a) services providing, or exercising editorial control over, content transmitted using electronic communications networks and services, and (b) information society services within the meaning of Article 1 (inserted by Directive 98/48/EC of 20 July 19981 ) of Directive 98/34/EC of 22 June 19982 which do not consist wholly or mainly in the conveyance of signals on electronic communications networks; “essential requirements” has the meaning assigned to it by Article 2 of Directive 97/13/EC of 10 April 19973 ; “establishment day” means the day appointed under section 4 to be the establishment day for the purposes of this Act; “Minister” means Minister for Public Enterprise; “Office” means Office of the Director of Telecommunications Regulation; “postal services” has the meaning assigned to it by Directive 97/67/EC of 15 December 19974 ; “prescribed” means prescribed by regulations made by the Minister; “superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death; “television set” has the meaning assigned to it by section 1 of the Wireless Telegraphy Act, 1972 ; “transferred function” means a function transferred to the Commission under section 9 ; “undertaking” means a provider of electronic communications networks or services or associated facilities; “user” means a natural or legal person using or requesting a publicly available electronic communications service. (2) In this Act— (a) a reference to a section or Schedule is a reference to a section of, or Schedule to, this Act unless it is indicated that some other enactment is intended; (b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended; and (c) a reference to an enactment includes a reference to that enactment as amended or extended by or under any subsequent enactment including this Act. Laying of orders and regulations before Houses of Oireachtas. 3.—(1) Other than an order under section 4 , every order or regulation made under this Act by the Minister or the Minister for the Environment and Local Government shall be laid before each of the Houses of the Oireachtas as soon as practicable after it is made. (2) Either House of the Oireachtas may, by resolution passed within 21 sitting days after the day on which an order or a regulation was laid before it in accordance with subsection (1), annul the order or regulation. (3) The annulment of an order or regulation under this section takes effect immediately on the passing of the resolution concerned, but does not affect anything that was done under the order before the passing of the resolution. Establishment day. 4.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act. Expenses. 5.—The expenses incurred by the Minister and the Minister for the Environment and Local Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PART 2 Commission for Communications Regulation Establishment of Commission. 6.—(1) On the establishment day there is established a body to be known as the Commission for Communications Regulation or, in the Irish language, An Coimisiún um Rialáil Cumarsáide, which shall perform the functions conferred on it by or under this Act. (2) The Commission shall be a body corporate with perpetual succession and a seal and power— (a) to sue and be sued in its corporate name, (b) to acquire, hold and dispose of land or an interest in land, and (c) to acquire, hold and dispose of any other property. Seal of Commission. 7.—(1) The Commission shall, as soon as may be after its establishment, provide itself with a seal. (2) The seal shall be authenticated by the signature of— (a) a Commissioner, or (b) a member of the staff of the Commission, authorised by the Commission to act in that behalf. (3) Judicial notice shall be taken of the seal of the Commission and every document— (a) purporting to be an instrument made by and to be sealed with the seal of the Commission, and (b) purporting to be authenticated in accordance with subsection (2), shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown. Dissolution of Office of Director of Telecommunications Regulation. 8.—On the establishment day the Office of the Director of Telecommunications Regulation is dissolved. Transfer of functions. 9.—(1) On the establishment day there is transferred to the Commission the functions of the Director by or under— (a) each of the provisions mentioned in column (3) of Part 1 of Schedule 1 of the enactments mentioned in column (2) of that Part opposite the mention of that provision, and (b) each of the statutory instruments mentioned in Part 2 of Schedule 1. (2) On the establishment day there is transferred to the Commission the functions of the Minister under section 20 (except in so far as it relates to television sets) of the Broadcasting and Wireless Telegraphy Act, 1988 . (3) Reference— (a) in section 8 of the Wireless Telegraphy Act, 1926 , and (b) in section 9 (1) of the Broadcasting Act, 1990 , to an officer of the Minister shall, from the establishment day, be construed as reference to an officer of the Commission. (4) Reference in a transferred function to the Director or the Minister (construed by virtue of section 4 of the Act of 1996 as a reference to the Director) shall, from the establishment day, be construed as a reference to the Commission. Functions of Commission. 10.—(1) The functions of the Commission shall be— (a) to ensure compliance by undertakings with obligations in relation to the supply of and access to electronic communications services, electronic communications networks and associated facilities and the transmission of such services on such networks, (b) to manage the radio frequency spectrum and the national numbering resource, in accordance with a direction under section 13 , (c) to ensure compliance by providers of postal services with obligations in relation to the provision of postal services, (d) to investigate complaints from undertakings and consumers regarding the supply of and access to electronic communications services, electronic communications networks and associated facilities and transmission of such services on such networks, and (e) to ensure compliance, as appropriate, by persons in relation to the placing on the market of communications equipment and the placing on the market and putting into service of radio equipment. (2) (a) The Minister may, after consultation with the Commission, by order, transfer to the Commission such additional functions as the Minister considers appropriate, being functions that are incidental, supplemental or consequential to the functions conferred on the Commission under this section. (b) The Minister may, by order, amend or revoke an order under this subsection. (3) The Commission shall have all such powers as are necessary for or incidental to the performance of its functions under this Act. (4) The Commission shall be the national regulatory authority for the purposes of Regulation No. 2887/2000 of 18 December 20001 of the European Parliament and of the Council on unbundled access to the local loop. Independence of Commission. 11.—Subject to this Act, the Commission shall be independent in the exercise of its functions. Objectives of Commission. 12.—(1) The objectives of the Commission in exercising its functions shall be as follows— (a) in relation to the provision of electronic communications networks, electronic communications services and associated facilities— (i) to promote competition, (ii) to contribute to the development of the internal market, and (iii) to promote the interests of users within the Community, (b) to ensure the efficient management and use of the radio frequency spectrum and numbers from the national numbering scheme in the State in accordance with a direction under section 13 , and (c) to promote the development of the postal sector and in particular the availability of a universal postal service within, to and from the State at an affordable price for the benefit of all users. (2) In relation to the objectives referred to in subsection (1)(a), the Commission shall take all reasonable measures which are aimed at achieving those objectives, including— (a) in so far as the promotion of competition is concerned— (i) ensuring that users, including disabled users, derive maximum benefit in terms of choice, price and quality, (ii) ensuring that there is no distortion or restriction of competition in the electronic communications sector, (iii) encouraging efficient investment in infrastructure and promoting innovation, and (iv) encouraging efficient use and ensuring the effective management of radio frequencies and numbering resources, (b) in so far as contributing to the development of the internal market is concerned— (i) removing remaining obstacles to the provision of electronic communications networks, electronic communications services and associated facilities at Community level, (ii) encouraging the establishment and development of trans-European networks and the interoperability of transnational services and end-to-end connectivity, (iii) ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks and services and associated facilities, and (iv) co-operating with electronic communications national regulatory authorities in other Member States of the Community and with the Commission of the Community in a transparent manner to ensure the development of consistent regulatory practice and the consistent application of Community law in this field, and (c) in so far as promotion of the interests of users within the Community is concerned— (i) ensuring that all users have access to a universal service, (ii) ensuring a high level of protection for consumers in their dealings with suppliers, in particular by ensuring the availability of simple and inexpensive dispute resolution procedures carried out by a body that is independent of the parties involved, (iii) contributing to ensuring a high level of protection of personal data and privacy, (iv) promoting the provision of clear information, in particular requiring transparency of tariffs and conditions for using publicly available electronic communications services, (v) encouraging access to the internet at reasonable cost to users, (vi) addressing the needs of specific social groups, in particular disabled users, and (vii) ensuring that the integrity and security of public communications networks are maintained. (3) In carrying out its functions, the Commission shall seek to ensure that measures taken by it are proportionate having regard to the objectives set out in this section. (4) In carrying out its functions, the Commission shall, without prejudice to subsections (1), (2) and (3), have regard to policy statements, published by or on behalf of the Government or a Minister of the Government and notified to the Commission, in relation to the economic and social development of the State. (5) In carrying out its functions, the Commission shall have regard to international developments with regard to electronic communications networks and electronic communications services, associated facilities, postal services, the radio frequency spectrum and numbering. (6) The Commission shall take the utmost account of the desirability that the exercise of its functions aimed at achieving the objectives referred to in subsection (1)(a) does not result in discrimination in favour of or against particular types of technology for the transmission of electronic communications services. (7) In this section, “national numbering scheme” means the scheme administered by the Commission which sets out the sequence of numbers or other characters used to route telephony traffic to specific locations. Directions by Minister. 13.—(1) In the interests of the proper and effective regulation of the electronic communications and postal markets, the management of the radio frequency spectrum in the State and the formulation of policy applicable to such proper and effective regulation and management, the Minister may give such policy directions to the Commission as he or she considers appropriate to be followed by the Commission in the exercise of its functions. The Commission shall comply with any such direction. (2) Before giving a direction under subsection (1), the Minister shall give to the Commission and publish a draft of the proposed direction and— (a) give the reasons for it, and (b) specify the period (being not less than 21 days from giving it to the Commission or such publication, whichever is the later) within which representations relating to the proposal may be made by interested parties. (3) The Minister, having considered any representations made under subsection (2), may give the direction under subsection (1) with or without amendment. (4) Where the Minister proposes to make a direction under subsection (1) which, in the opinion of the Minister, has or may relate to the functions of another Minister of the Government, the Minister shall not give to the Commission or publish a draft of the proposal under subsection (2) without prior consultation with that other Minister of the Government. (5) A direction under subsection (1) relating to management of the radio frequency spectrum may include directions relating to— (a) the allocation of particular bands of spectrum for specific categories of service, and (b) the means by which entitlements to use such spectrum may be assigned (including appropriate fees), and in giving such direction the Minister shall have regard to principles of good frequency management. (6) A direction under subsection (1) relating to fees referred to in subsection (5)(b) may only be given with the consent of the Minister for Finance. (7) The Minister shall not give a direction under subsection (1) in respect of— (a) a person— (i) who has applied for, or holds a licence or authorisation, or (ii) to whom a licence or authorisation may be, granted by the Commission, or (b) the performance of the functions of the Commission in relation to individual undertakings or persons. (8) Where the Minister gives a direction under subsection (1), a notice of such direction and details thereof, including reasons for giving the direction, shall be published in Iris Oifigiúil. Composition and procedure of Commission. 14.—(1) The Commission shall consist of at least one member and not more than 3 members. (2) Each member of the Commission shall be known as a Commissioner for Communications Regulation and is in this Act referred to as a “Commissioner”. (3) Subject to this Act, the Commission may regulate its own procedure. Appointment and term of office of Commissioners. 15.—(1) Each Commissioner shall be appointed— (a) by the Minister, and (b) on such terms and conditions, including remuneration, as the Minister may fix, with the consent of the Minister for Finance. (2) Subject to subsection (5), a person shall not be appointed as a Commissioner unless the Civil Service and Local Appointments Commissioners, after holding a competition on behalf of the Commission, have selected him or her for appointment as a Commissioner. (3) A Commissioner appointed in accordance with subsection (2) shall be appointed on a full-time basis for a period of not less than 3 years and not more than 5 years. (4) Subject to subsection (5)(c), a Commissioner shall not serve more than 2 terms of office as a Commissioner. (5) (a) Notwithstanding this section, the person who, immediately before the establishment day, was the Director, shall be deemed to be appointed as a Commissioner upon that day and shall, subject to paragraph (b), stand appointed on the same terms and conditions on which she was previously retained. (b) Section 19 (5) applies to the Commissioner deemed appointed under paragraph (a) instead of paragraph 8 of the First Schedule to the Act of 1996. (c) The Commissioner deemed appointed under paragraph (a) shall, where her term of office, in accordance with that paragraph, expires by effluxion of time, be deemed to have served 2 terms as a Commissioner and, accordingly, she shall not be eligible for re-appointment as a Commissioner. Appointment of Chairperson of Commission. 16.—(1) Where there is more than one Commissioner, the Minister shall appoint one of them to be the chairperson of the Commission (in this section referred to as “the chairperson”). (2) The Minister shall, when appointing the chairperson, with the consent of the Minister for Finance, fix the terms and conditions, including remuneration, of the chairperson. (3) The chairperson shall have a casting vote in the case of decisions to be taken by the Commission in the event of a tied vote. (4) In circumstances where the chairperson is unavailable to perform his or her duties, the Minister shall appoint an acting chairperson to assume the duties of chairperson of the Commission for a stated period not exceeding 6 months. The acting chairperson shall be an existing Commissioner. Deputy commissioner. 17.—The Commission shall, where there is not more than one Commissioner appointed under section 15 , designate a member of its staff as a deputy member of the Commission (“deputy commissioner”) who shall assume and carry out with the authority of the Commission all of the functions of the Commission in the absence of the Commissioner. Resignation and removal of Commissioners. 18.—(1) A Commissioner may resign by giving notice in writing to the Minister of his or her intention to resign and any such resignation shall take effect as of the date upon which the Minister shall have received notice of the resignation. (2) A Commissioner may be removed from office by the Minister— (a) if, in his or her opinion, the Commissioner has become incapable through ill health of effectively performing his or her duties, or (b) for stated misbehaviour. (3) In removing a Commissioner, the Minister shall give a statement of the reason or reasons for the removal to the Commissioner and the statement of reasons shall be laid before each House of the Oireachtas. Restrictions relating to Commissioners. 19.—(1) A Commissioner shall be deemed to have vacated his or her office where he or she— (a) is nominated as a member of Seanad Éireann, or (b) is nominated as a candidate for election as a member of Dáil Éireann, Seanad Éireann or to the European Parliament, or is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to the European Parliament to fill a vacancy. (2) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit in either House or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming a Commissioner. (3) (a) A person who is a member of a local authority shall be disqualified from becoming a Commissioner. (b) A Commissioner shall be deemed to have vacated his or her office where he or she becomes a member of a local authority. (4) A Commissioner shall not hold any other office or employment in respect of which emoluments are payable. (5) (a) For a period of 12 months after a Commissioner has ceased to be a Commissioner, such Commissioner shall not accept any office, consultancy or employment where, in the course of such office, consultancy or employment, the Commissioner could or might use or disclose any confidential information acquired by him or her in the exercise of his or her functions under this Act. (b) Notwithstanding paragraph (a), a person who has held the Office of Director or who was a Commissioner shall not be precluded from— (i) holding office, or engagement in, any employment in the civil service or any statutory regulatory body, or (ii) acting as a consultant to any Minister of the Government, on the basis that the period referred to in that paragraph has not expired. Staff of Commission. 20.—(1) Every person who immediately before the establishment day is a member of the staff of the Director shall on that day become a member of the staff of the Commission. (2) (a) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall not, while in the service of the Commission, be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the establishment day. (b) In this subsection, “recognised trade union or staff association” means a trade union or staff association recognised by the Commission for the purposes of negotiations which are concerned with the remuneration or conditions of employment or the working conditions of employees. (3) The Commission may— (a) with the consent of the Minister and the Minister for Finance, determine the number, grading, remuneration and other conditions of service of staff to be appointed to the Office of the Commission, and (b) appoint to be members of the staff of the Commission such persons as the Commission may determine from time to time. (4) Where a member of the staff of the Commission has previous service in the civil service, such service shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1991, the Minimum Notice and Terms of Employment Acts, 1973 and 1994, the Unfair Dismissals Acts, 1977 to 1993, the Worker Protection (Regular Part-Time Employees) Act, 1991 , and the Organisation of Working Time Act, 1997 . Performance of certain functions by staff. 21.—The exercise of functions of the Commission may be carried out by or through any member of the staff or authorised officer of the Commission as the Commission shall deem proper. Consultants. 22.—(1) The Commission may, from time to time, engage such consultants or advisers as it may consider necessary to assist it in the discharge of its functions. (2) Any fees due to a consultant or adviser engaged under this section shall form part of the expenses of the Commission. Membership of Houses of Oireachtas or European Parliament by staff. 23.—(1) Where a person employed by the Commission is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or to the European Parliament, or (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to the European Parliament to fill a vacancy, he or she shall upon that happening stand seconded from his or her employment by the Commission and shall not be paid by, or be entitled to receive from, the Commission remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected, as the case may be, and ending when he or she ceases to be a member of either House or such Parliament. (2) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit in either House or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming a member of the staff of the Commission. (3) Without prejudice to the generality of subsection (1), that subsection shall be read as prohibiting, among other things, the reckoning of a period mentioned in that subsection as service with the Commission for the purposes of any superannuation benefits. Prohibition on unauthorised disclosure of information. 24.—(1) Except where otherwise provided by law, a person shall not disclose confidential information obtained by him or her while performing duties as a Commissioner, member of the staff of, or an adviser or consultant to, or as an authorised officer of, or as an agent of the Commission, unless he or she is duly authorised by the Commission to do so. (2) In this section, “confidential information” includes information that is expressed by the Commission to be confidential either as regards particular information or as regards information of a particular class or description. (3) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000. (4) Nothing in subsection (1) shall prevent the disclosure of information in a report made to the Commission or by or on behalf of the Commission to the Minister. (5) The Freedom of Information Act, 1997 , is amended at the end of Part 1 of the Third Schedule by inserting the following: (a) “Communications Regulation Act, 2002” in column (2), and (b) “ Section 24 ” in column (3). Disclosure of interests. 25.—(1) Where a Commissioner, a member of the staff of the Commission, or a consultant, adviser or other person engaged by the Commission, has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Commission, he or she— (a) shall disclose to the Commission or, where the disclosure is required of a Commissioner and he or she is the only Commissioner, disclose to the Minister, the nature of his or her interest in advance of any consideration of the matter, (b) shall neither influence nor seek to influence a decision in relation to the matter, (c) shall take no part in any consideration of the matter, unless there are compelling reasons requiring him or her to do so, (d) if a Commissioner, (i) shall withdraw from a meeting of the Commission for so long as the matter is being discussed or considered by the Commission, unless there are compelling reasons requiring him or her not to so withdraw, and (ii) shall not vote or otherwise act in relation to the matter, and (e) shall prepare and furnish to the Commission a statement in writing of the compelling reasons aforesaid. (2) For the purposes of this section but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if— (a) he or she or any nominee of his or her is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection, (b) he or she is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter, or (c) he or she is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates. (3) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or material to, any matter, by reason only of an interest of his or hers or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter. (4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him or her to comply with the requirements of subsection (1), the question shall be determined by the Commission or, where there is only one Commissioner, in the case of that Commissioner, by the Minister. (5) Where a disclosure is made to the Commission, particulars of the disclosure shall be recorded in the minutes of any meeting concerned. (6) Where a person, other than a Commissioner, referred to in this section fails to make a disclosure in accordance with this section, the Commission shall decide the appropriate action (including removal from office or termination of contract) to be taken. (7) Where a Commissioner fails to make a disclosure in accordance with this section, the Minister shall decide the appropriate action (including removal from office) to be taken. Superannuation of Commissioners. 26.—(1) Subject to subsection (7), the Minister may, with the consent of the Minster for Finance, make a scheme or schemes for— (a) the granting of superannuation benefits to or in respect of a Commissioner ceasing to hold office, or (b) the making of contributions to a pension scheme approved of by the Minister with the consent of the Minister for Finance which has been entered into by a Commissioner. (2) The Minister may, with the consent of the Minister for Finance, make a scheme amending or revoking a scheme under subsection (1), including a scheme amended under this subsection. (3) If any dispute arises as to the claim of a Commissioner to, or the amount of, any superannuation benefit payable in pursuance of a scheme under subsection (1), such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance for determination by him or her. (4) A scheme under subsection (1) shall be carried out by the Minister in accordance with its terms. (5) No superannuation benefit shall be granted by the Minister to or in respect of any Commissioner ceasing to hold office otherwise than— (a) in accordance with a scheme under subsection (1), or (b) as may be approved of by the Minister with the consent of the Minister for Finance under subsection (1). (6) (a) A scheme under subsection (1) shall be laid before each House of the Oireachtas by the Minister as soon as may be after it is made. (b) Either House of the Oireachtas may, by resolution passed within 21 sitting days after the day on which the scheme was laid before it in accordance with paragraph (a), annul the scheme. (c) The annulment of scheme under subsection (1) takes effect immediately on the passing of the resolution concerned but does not affect anything that was done under the scheme before the passing of the resolution. (7) Subsection (1) does not apply to the Commissioner deemed appointed under section 15 (5)(a). (8) In the case of the Commissioner deemed appointed under section 15 (5)(a), she shall, for the purposes of superannuation benefits— (a) where at any time she retires from holding office in the civil service having attained the age of 60 years, be deemed to be paid out of moneys provided by the Oireachtas, or (b) where she ceases to hold office in the civil service before she attains the age of 60 years, be deemed to be paid out of moneys provided by the Oireachtas, and any such superannuation benefits, payable to her or in respect of her, shall be payable in accordance with section 6(1)(b) to (h) (inserted by Regulation 7(1)(c) of the Civil Service Superannuation Regulations 1980 ( S.I. No. 188 of 1980 )) of the Superannuation Act, 1909 . Superannuation of staff. 27.—(1) The Commission may prepare and submit to the Minister a scheme or schemes or make such other arrangements with the approval of the Minister, given with the consent of the Minister for Finance, for the granting of superannuation benefits to or in respect of such members of the staff of the Commission as it may think fit. (2) Every scheme under subsection (1) shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons. (3) Every scheme submitted by the Commission to the Minister under subsection (1) may, with the consent of the Minister for Finance, be amended or revoked by a subsequent scheme prepared, submitted and approved under subsection (1). (4) A scheme under subsection (1) shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the Commission in accordance with its terms. (5) No superannuation benefit shall be granted by the Commission nor shall any other arrangements be entered into by the Commission for the provision of such a benefit to or in respect of a member of the staff of the Commission otherwise than— (a) in accordance with a scheme under subsection (1), or (b) as may be approved of by the Minister with the consent of the Minister for Finance. (6) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme under subsection (1), such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final. (7) As soon as may be after the establishment day, the Commission shall establish a fund, administered by trustees who shall be appointed by the Commission, from which superannuation benefits payable, in respect of a member of the staff of the Commission ceasing to hold office, under a scheme under subsection (1) shall be paid. (8) The assets and liabilities of a superannuation fund established by the Director for his or her staff shall be transferred to a fund referred to in subsection (7). (9) The Minister for Finance shall agree with the Commission an appropriate contribution, related to reckonable service given before the establishment day, towards the superannuation benefits which may be granted to or in respect of persons who are transferred from the Office of the Director to the Commission and who have previous service in the civil service, and shall, subject to subsection (11), pay such contribution to the trustees appointed under subsection (7) at such times and in such manner as shall be agreed with the Commission. (10) Where any part of the contribution under subsection (9) remains unpaid for any period after the establishment day, interest shall be payable by the Minister for Finance to the trustees appointed under subsection (7) at such rate as the Minister for Finance may agree with the Commission in respect of that period on the amount so unpaid. (11) Payments under subsection (9) or (10) shall be made not later than 7 years after the establishment day. (12) (a) A scheme under subsection (1) shall be laid before each House of the Oireachtas by the Minister for Finance as soon as may be after it is made. (b) Either House of the Oireachtas may, by resolution passed within 21 sitting days after the day on which the scheme was laid before it in accordance with paragraph (a), annul the scheme. (c) The annulment of scheme under subsection (1) takes effect immediately on the passing of the resolution concerned but does not affect anything that was done under the scheme before the passing of the resolution. (13) Moneys required to be paid by the Minister for Finance under this section shall be advanced out of the Central Fund or the growing produce thereof. Advances by Minister to Commission. 28.—(1) The Minister may, from time to time, with the consent of the Minister for Finance, advance to the Commission out of moneys provided by the Oireachtas such sums as the Minister may determine for the purposes of expenditure by the Commission in the performance of its functions. (2) The sums to be advanced under subsection (1) shall be expended solely for the purpose and exercise of the functions conferred on the Commission by this Act. (3) The Commission shall pay to the Minister, on every sum advanced to the Commission under this Act, interest from the date of the advance of such sum until the same is repaid at such rate and in such manner as shall be appointed by the Minister at the time of the advance and at such rate as may be determined from time to time, and such rate of interest shall not at any time exceed that fixed by an order under section 20 of the Courts Act, 1981 . Borrowings. 29.—The Commission may, for the purpose of the performance of its functions, borrow money but shall not do so without the consent of the Minister and the Minister for Finance. Levies and fees. 30.—(1) For the purpose of— (a) meeting expenses properly incurred by the Commission in the discharge of its functions in relation to electronic communications, and (b) enabling the Minister to pay contributions or other membership charges to international telecommunications organisations, the Commission may make an order imposing a levy on providers of electronic communications services. (2) For the purpose of meeting expenses properly incurred by the Commission in the discharge of its functions in relation to postal services, the Commission may make an order imposing a levy on providers of postal services. (3) Whenever a levy order is made there shall be paid to the Commission by each provider of postal or electronic communications services as the case may be such amount as shall be appropriate having regard to the terms of the levy order. (4) A levy order, including a levy order made under the Act of 1996, may be amended or revoked by the Commission. (5) Any surplus of levy income over the expenses incurred by the Commission in the discharge of its functions relevant to that levy in a particular financial year shall either— (a) be retained by the Commission to be offset against levy obligations for the subsequent year, or (b) be refunded proportionately to the providers on whom the levy is imposed. (6) All fees and levies that may be collected under the provisions of any enactments mentioned in Schedule 1 shall be collected by, and, subject to subsection (7) and (8), may be retained by, the Commission. (7) The Minister may, with the consent of the Minister for Finance, direct the Commission to pay into the Exchequer such sum as he or she may, subject to subsection (8), specify being a sum that, subject to subsection (8), represents the amount by which the aggregate sum received by the Commission in each financial year exceeds the aggregate costs incurred in the administration of its office in that year, less the sum of any surplus referred to in subsection (5) and any interim payments made in accordance with subsection (9). (8) The method of calculation of the surplus referred to in subsection (7) shall be such method as may be determined by the Minister, with the consent of the Minister for Finance, after consultation with the Commission, taking into account any reasonable requirements of the Commission for funds to meet expenses. (9) Where the Commission receives substantial licence fee income, the Minister may, after consultation with the Commission and with the consent of the Minister for Finance, direct the Commission to pay into the Exchequer, such sum which represents an interim payment of the sum referred to in subsection (7). (10) The Public Offices Fees Act, 1879, does not apply in respect of fees payable to the Commission pursuant to this Act. (11) The Commission shall not impose a levy on providers of— (a) electronic communications for the purpose of meeting expenses properly incurred by the Commission in the discharge of its functions in respect of postal services, or (b) postal services for the purpose of meeting expenses properly incurred by the Commission in the discharge of its functions in respect of electronic communications services. (12) The Commission may recover as a simple contract debt in any court of competent jurisdiction from the person by whom it is payable any amount due and owing to it under this section. (13) In this section “levy order” means an order imposing levy under subsection (1) or (2). Strategy statements. 31.—(1) The Commission shall draw up and adopt a strategy statement reflecting its statutory functions. (2) In drawing up a strategy statement under subsection (1), the Commission shall distinguish between its functions in relation to electronic communications, management of radio frequency spectrum and postal services. (3) A strategy statement shall— (a) be adopted within 6 months of the establishment day and every 2 years thereafter, and (b) take into account the objectives set out in section 12 and any directions under section 13 . (4) The Commission shall present a copy of a strategy statement to the Minister and to such committees of either or both Houses of the Oireachtas as the Minister may, from time to time, direct. (5) Prior to the adoption of a strategy statement and its presentation to the Minister, the Commission shall undertake a public consultation process on a draft of the strategy statement. Accounts and annual report. 32.—(1) In accordance with good accounting practice, the Commission shall keep, in such form as may be approved by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it including an income and expenditure account and balance sheet, distinguishing between— (a) its functions relating to electronic communications, and (b) its functions relating to postal matters. (2) (a) Within 3 months of the end of each financial year, the Commission shall submit accounts kept under subsection (1) in respect of that financial year to the Comptroller and Auditor General for audit. (b) Within 42 days of the accounts being audited by the Comptroller and Auditor General, they shall, together with the report of the Comptroller and Auditor General on those accounts, be presented by the Commission to the Minister. (c) The Minister shall cause copies of the accounts and report referred to in paragraph (b) to be laid before each House of the Oireachtas. (3) The Commission shall, when presenting the report referred to in subsection (2)(b) to the Minister, present a report to the Minister in relation to— (a) the performance of its functions in the previous financial year, (b) its proposed work programme for the following year, with reference to progress on the strategy statement, and (c) adherence to its code of financial management under section 33 . Code of financial management. 33.—(1) The Commission shall adopt, with the approval of the Minister and the Minister for Finance, a code of financial management and shall arrange for its publication following such approval. (2) The Commission shall periodically review its code of financial management and revise and republish the code as appropriate. (3) The Commission shall comment in its annual report on adherence to its code of financial management. Accountability of Commission to Committees of Oireachtas. 34.—(1) The chairperson of the Commission shall, whenever required by a Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to DáilÉireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on— (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the Commission is required by or under statute to prepare, (b) the economy and efficiency of the Commission in the use of its resources, (c) the systems, procedures and practices employed by the Commission for the purpose of evaluating the effectiveness of its operations, and (d) any matter affecting the Commission referred to in a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act, 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann. (2) From time to time, and whenever so requested, the Commission shall account for the performance of its functions to a Committee of one or both Houses of the Oireachtas. Radio frequency plan. 35.—(1) The Radio Frequency Plan (in this section referred to as “the plan”) published under section 3(5) of the Act of 1996 shall on the establishment day continue. (2) The Commission shall revise and republish the plan from time to time. (3) The Commission shall, in formulating, revising and implementing the Radio Frequency Plan, comply with any direction given by the Minister under section 13 . (4) The plan shall be comprised of a set of tables indicating frequency allocations in the radio spectrum at the date of publication of the plan. Public service requirements. 36.—(1) The Minister may from time to time specify public service requirements in relation to licences or authorisations mentioned in subsection (3). (2) Any requirements specified under subsection (1) shall be published by the Minister in Iris Oifigiúil. (3) It shall be a condition of any licence or authorisation to provide a network service or system referred to in section 111(2) (inserted by S.I. No. 96 of 1998 ) of the Postal and Telecommunications Services Act, 1983 , that the holder of the licence or authorisation complies with any public service requirements under subsection (1). (4) In this section, “public service requirements” means essential requirements and requirements relating to conditions of permanence and availability provided or to be provided by the provider of electronic communications, services, networks or associated facilities. Regulations relating to wireless telegraphy. 37.—Regulations shall not be made by the Commission under section 6 of the Wireless Telegraphy Act, 1926 , other than with the consent of the Minister. Repeals. 38.—Sections 2 to 6, 11, 12 and 14 of, and the First, Second and Third Schedules to, the Act of 1996 are repealed on the establishment day. PART 3 Enforcement Authorised officers. 39.—(1) The Commission may appoint persons to be authorised officers for the purposes of this Act. (2) A person appointed under subsection (1) shall, on his or her appointment, be furnished by the Commission with a certificate of his or her appointment and when exercising a power conferred by subsection (3) shall, if requested by any person thereby affected, produce such certificate to that person for inspection. (3) For the purposes of the exercise by the Commission of its functions under this Act, a transferred function or any regulations made under the Act of 1972, an authorised officer may— (a) enter, at any reasonable time, any premises or place or any vehicle or vessel where any activity connected with the provision of electronic communications services, networks or associated facilities or postal services takes place or, in the opinion of the officer takes place, and search and inspect the premises, place, vehicle or vessel and any books, documents or records found therein, (b) require any such person to produce to him or her any books, documents or records relating to the provision of electronic communications services, networks or associated facilities or postal services which are in the person's power or control and, in the case of information in a non-legible form to reproduce it in a legible form, and to give to the officer such information as he or she may reasonably require in relation to any entries in such books, documents or records, (c) secure for later inspection any such premises, place, vehicle or vessel or part thereof in which books, documents or records relating to the provision of electronic communications services, networks or associated facilities or postal services are kept or there are reasonable grounds for believing that such books, documents or records are kept, (d) inspect and take extracts from or make copies of any such books, documents or records (including, in the case of information in a non-legible form, a copy of or extract from such information in a permanent legible form), (e) remove and retain such books, documents or records for such period as may be reasonable for further examination, (f) require the person to maintain such books, documents or records for such period of time, as may be reasonable, as the authorised officer directs, (g) require the person to give to the officer any information which he or she may reasonably require with regard to the provision of electronic communications services, networks or associated facilities or postal services, (h) make such inspections, tests and measurements of machinery, apparatus, appliances and other equipment on the premises or vessel or at the place or in the vehicle as he or she considers appropriate, (i) require any person on the premises or vessel or at the place or in the vehicle having charge of, or otherwise concerned with the operation of, any machinery, apparatus, appliance or other equipment (including data equipment) or any associated apparatus or material, to afford the officer all reasonable assistance in relation thereto, (j) take photographs or make any record or visual recording of any activity on such premises or vessel, at such place or in such vehicle. (4) Where an authorised officer in exercise of his or her powers under this section is prevented from entering any premises or place, an application may be made under section 40 for a warrant to authorise such entry. (5) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant under section 40 authorising such entry. (6) A person to whom this section applies who— (a) obstructs, impedes or assaults an authorised officer in the exercise of a power under this section, (b) fails or refuses to comply with a requirement under this section, (c) alters, suppresses or destroys any books, documents or records which the person concerned has been required to produce, or may reasonably expect to be required to produce, (d) gives to the Commission or to an authorised officer information which is false or misleading in a material respect, or (e) falsely represents himself or herself to be an authori …