Communications Regulation (Amendment) Act 2007 (2007_act_22) | IE

ISB Act 2007-04-21

Schedule 1 Communications Regulation (Amendment) Act 2007 Open official source

SCHEDULE 1 Consequential Amendment of Certain Acts

SCHEDULE 1

Consequential Amendment of Certain Acts

Section 4(2).

PART 1 Amendment of Wireless Telegraphy Act 1926

PART 1

Amendment of Wireless Telegraphy Act 1926

Item

Provision inserted or affected

Amendment

1.

Section 2

In section 2, insert the following definitions before the definition of “the Minister”: “except as provided by section 9, the expression ‘the appropriate authority’ (a) in relation to the use of a television set, means the Minister for Communications, Marine and Natural Resources, and (b) in relation to wireless telegraphy apparatus associated with the safety, security and operation of ships and vessels (including the certificates of competency for the operation of apparatus for wireless telegraphy on ships and vessels), means the Minister for Transport, and (c) in relation to any other matter, means the Commission; the expression ‘the Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002;”.

In section 2, insert the following definitions before the definition of “the Minister”

“except as provided by section 9, the expression ‘the appropriate authority’

(a) in relation to the use of a television set, means the Minister for Communications, Marine and Natural Resources, and

(b) in relation to wireless telegraphy apparatus associated with the safety, security and operation of ships and vessels (including the certificates of competency for the operation of apparatus for wireless telegraphy on ships and vessels), means the Minister for Transport, and

(c) in relation to any other matter, means the Commission;

the expression ‘the Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002;”.

2.

Section 2A

Insert the following section after section 2: “Minister for Transport to consult other authorities before making regulations or orders. 2A.—(1) The Minister for Transport may make regulations or orders under this Act only after having consulted the Commission and the Minister for Communications, Marine and Natural Resources. (2) Regulations or orders made in contravention of subsection (1) have no effect.”.

Insert the following section after section 2

“Minister for Transport to consult other authorities before making regulations or orders.

2A.—(1) The Minister for Transport may make regulations or orders under this Act only after having consulted the Commission and the Minister for Communications, Marine and Natural Resources.

(2) Regulations or orders made in contravention of subsection (1) have no effect.”.

3.

Section 3(6)

Substitute “The appropriate authority” for “The Minister”.

4.

Section 5

(a) In subsection (1), substitute “The appropriate authority” for “The Minister”. (b) Substitute the following subsection for subsection (1B): “(1B) The Minister may, by order, declare that the functions of granting licences under this Act in respect of apparatus for receiving only, and of collecting fees in respect of those licences on behalf of the Minister, is to be carried out by Radio Telefís Éireann. So long as any such order remains in force, the following provisions apply: (a) those functions are to be performed only by Radio Telefís Éireann; (b) Radio Telefís Éireann has, and may exercise, all powers necessary to enforce section 3(1) in relation to apparatus that is only for receiving; (c) sections 7 and 8 have effect in relation to apparatus for receiving only as if each reference to the appropriate authority included a reference to Radio Telefís Éireann; (d) prosecutions under section 3(3) in relation to apparatus for receiving only, and prosecutions under section 7(3) in relation to a notice served by Radio Telefís Éireann, may, despite section 13, be prosecuted by the Minister or Radio Telefís Éireann or by some other person authorised by law to prosecute offences. The Minister may at any time amend or revoke an order that is in force under this subsection.”. (c) In subsection (2), substitute “appropriate authority” for “Minister”.

(a) In subsection (1), substitute “The appropriate authority” for “The Minister”.

(b) Substitute the following subsection for subsection (1B)

“(1B) The Minister may, by order, declare that the functions of granting licences under this Act in respect of apparatus for receiving only, and of collecting fees in respect of those licences on behalf of the Minister, is to be carried out by Radio Telefís Éireann. So long as any such order remains in force, the following provisions apply

(a) those functions are to be performed only by Radio Telefís Éireann;

(b) Radio Telefís Éireann has, and may exercise, all powers necessary to enforce section 3(1) in relation to apparatus that is only for receiving;

(c) sections 7 and 8 have effect in relation to apparatus for receiving only as if each reference to the appropriate authority included a reference to Radio Telefís Éireann;

(d) prosecutions under section 3(3) in relation to apparatus for receiving only, and prosecutions under section 7(3) in relation to a notice served by Radio Telefís Éireann, may, despite section 13, be prosecuted by the Minister or Radio Telefís Éireann or by some other person authorised by law to prosecute offences.

The Minister may at any time amend or revoke an order that is in force under this subsection.”.

(c) In subsection (2), substitute “appropriate authority” for “Minister”.

5.

Section 6

(a) In subsection (1), substitute “The appropriate authority” for “The Minister”. (b) In subsection (1)(d) and (g), substitute “that authority” for “the Minister”. (c) In subsection (2), substitute “satisfies the appropriate authority that the person” for “satisfies the Minister that he”. (d) In subsection (2A) (inserted by section 17(2) of the Broadcasting Act 1990), substitute “If it appears to the appropriate authority expedient to do so, it” for “Where it appears to be expedient to the Minister he”. (e) In subsection (2A), substitute “that authority” for “the Minister”, where secondly occurring.

(a) In subsection (1), substitute “The appropriate authority” for “The Minister”.

(b) In subsection (1)(d) and (g), substitute “that authority” for “the Minister”.

(c) In subsection (2), substitute “satisfies the appropriate authority that the person” for “satisfies the Minister that he”.

(d) In subsection (2A) (inserted by section 17(2) of the Broadcasting Act 1990), substitute “If it appears to the appropriate authority expedient to do so, it” for “Where it appears to be expedient to the Minister he”.

(e) In subsection (2A), substitute “that authority” for “the Minister”, where secondly occurring.

6.

Section 7

(a) Substitute the following subsection for subsection (1): “(1) The appropriate authority may, whenever it considers it appropriate to do so, serve on a person a special notice, accompanied by or including a form of declaration, requiring the person (a) to state on the form of declaration such one or more of the matters specified in subsection (2) as is specified in the notice, and (b) to complete and sign the declaration, and (c) to give or send the completed declaration by post to a specified officer of that authority. The special notice is required to be in writing and to be sent by registered post.”. (b) In subsection (3), substitute “shall, within 14 days after service,” for “shall within the time aforesaid”.

(a) Substitute the following subsection for subsection (1)

“(1) The appropriate authority may, whenever it considers it appropriate to do so, serve on a person a special notice, accompanied by or including a form of declaration, requiring the person

(a) to state on the form of declaration such one or more of the matters specified in subsection (2) as is specified in the notice, and

(b) to complete and sign the declaration, and

(c) to give or send the completed declaration by post to a specified officer of that authority.

The special notice is required to be in writing and to be sent by registered post.”.

(b) In subsection (3), substitute “shall, within 14 days after service,” for “shall within the time aforesaid”.

7.

Section 8

(a) In subsection (1), substitute “the appropriate authority” for “the Minister”, where firstly occurring. (b) In subsection (1), substitute “that authority” for “the Minister”, where secondly and thirdly occurring. (c) In subsection (2), substitute “officer of the appropriate authority” for “officer of the Minister”. (d) In subsection (3)(a), substitute “the officer of the appropriate authority” for “officer of the Minister”. (e) In subsection (3)(a), substitute “the appropriate authority” for “the Minister”, where secondly and thirdly occurring. (f) In subsection (3)(b), substitute “the appropriate authority” for “the Minister”.

(a) In subsection (1), substitute “the appropriate authority” for “the Minister”, where firstly occurring.

(b) In subsection (1), substitute “that authority” for “the Minister”, where secondly and thirdly occurring.

(c) In subsection (2), substitute “officer of the appropriate authority” for “officer of the Minister”.

(d) In subsection (3)(a), substitute “the officer of the appropriate authority” for “officer of the Minister”.

(e) In subsection (3)(a), substitute “the appropriate authority” for “the Minister”, where secondly and thirdly occurring.

(f) In subsection (3)(b), substitute “the appropriate authority” for “the Minister”.

8.

Section 9

(a) In subsection (1), substitute “The appropriate authority” for “The Minister”. (b) In subsection (1)(e), substitute “that authority” for “the Minister”. (c) Insert the following subsection after subsection (6): “(7) In this section, ‘appropriate authority’ (a) in relation to apparatus for wireless telegraphy on ships, means the Minister for Transport, and (b) in relation to apparatus for wireless telegraphy on aircraft, means the Commission.”.

(a) In subsection (1), substitute “The appropriate authority” for “The Minister”.

(b) In subsection (1)(e), substitute “that authority” for “the Minister”.

(c) Insert the following subsection after subsection (6)

“(7) In this section, ‘appropriate authority’

(a) in relation to apparatus for wireless telegraphy on ships, means the Minister for Transport, and

(b) in relation to apparatus for wireless telegraphy on aircraft, means the Commission.”.

9.

Section 10A(2) (as inserted by section 12(1)(e) of the Broadcasting and Wireless Telegraphy Act 1988)

Substitute “the appropriate authority” for “the Minister”.

10.

Section 13

Substitute the following section: “Prosecution of offences. 13.—A prosecution for a summary offence under this Act may be brought only by the appropriate authority, a person to whom the functions of that authority have been delegated or some other person authorised by law to prosecute offences.”.

Substitute the following section

“Prosecution of offences.

13.—A prosecution for a summary offence under this Act may be brought only by the appropriate authority, a person to whom the functions of that authority have been delegated or some other person authorised by law to prosecute offences.”.

11.

The whole Act

Substitute “the State” for “Saorstát Éireann”, wherever occurring.

PART 2 Amendment of Post Office (Amendment) Act 1951

PART 2

Amendment of Post Office (Amendment) Act 1951

Item

Provision affected

Amendment

1.

Section 13

Substitute the following section: “Offences in connection with telephones. 13.—(1) Any person who— (a) sends by telephone any message that is grossly offensive, or is indecent, obscene or menacing, or (b) for the purpose of causing annoyance, inconvenience, or needless anxiety to another person (i) sends by telephone any message that the sender knows to be false, or (ii) persistently makes telephone calls to another person without reasonable cause, commits an offence. (2) A person found guilty of an offence under subsection (1) is liable on conviction (a) if tried on indictment, to a fine not exceeding €75,000 or to imprisonment for a term not exceeding 5 years, or to both, or (b) if tried summarily, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 12 months, or to both. (3) A contravention of this section is an offence under the Post Office Act 1908. (4) On convicting a person for an offence under subsection (1), the court may, in addition to any other penalty imposed for the offence, order any apparatus, equipment or other thing used in the course of committing the offence to be forfeited to the State. (5) In this section, ‘message’ includes a text message sent by means of a short message service (SMS) facility.”.

Substitute the following section

“Offences in connection with telephones.

13.—(1) Any person who—

(a) sends by telephone any message that is grossly offensive, or is indecent, obscene or menacing, or

(b) for the purpose of causing annoyance, inconvenience, or needless anxiety to another person

(i) sends by telephone any message that the sender knows to be false, or

(ii) persistently makes telephone calls to another person without reasonable cause,

commits an offence.

(2) A person found guilty of an offence under subsection (1) is liable on conviction

(a) if tried on indictment, to a fine not exceeding €75,000 or to imprisonment for a term not exceeding 5 years, or to both, or

(b) if tried summarily, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 12 months, or to both.

(3) A contravention of this section is an offence under the Post Office Act 1908.

(4) On convicting a person for an offence under subsection (1), the court may, in addition to any other penalty imposed for the offence, order any apparatus, equipment or other thing used in the course of committing the offence to be forfeited to the State.

(5) In this section, ‘message’ includes a text message sent by means of a short message service (SMS) facility.”.

PART 3 Amendment of Broadcasting Authority Act 1960

PART 3

Amendment of Broadcasting Authority Act 1960

Item

Provision affected

Amendment

1.

Section 16(3)

Substitute the following paragraph for paragraph (a): “(a) The powers conferred on the Authority by subsection (2)(a) and (b) are exercisable only under a licence issued by the Commission for Communications Regulation and in accordance with any conditions to which the licence is subject.”.

Substitute the following paragraph for paragraph (a)

“(a) The powers conferred on the Authority by subsection (2)(a) and (b) are exercisable only under a licence issued by the Commission for Communications Regulation and in accordance with any conditions to which the licence is subject.”.

PART 4 Amendment of Wireless Telegraphy Act 1972

PART 4

Amendment of Wireless Telegraphy Act 1972

Item

Provision affected

Amendment

1.

Section 1

In subsection (1), insert the following definition after the definition of “appointed day”: “ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002;”.

In subsection (1), insert the following definition after the definition of “appointed day”

“ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002;”.

2.

Section 5

(a) In subsection (1), substitute “the Commission for Communications Regulation” for “the Minister”, where first occurring. (b) In subsection (1), substitute “that Commission” for “the Minister”, where secondly occurring.

(a) In subsection (1), substitute “the Commission for Communications Regulation” for “the Minister”, where first occurring.

(b) In subsection (1), substitute “that Commission” for “the Minister”, where secondly occurring.

3.

Section 6

(a) Substitute the following subsection for subsection (1): “(1) A notice to be given to the Minister or the Commission under this Act is required to be in writing and be in the prescribed form (if any).”. (b) Substitute the following subsections for subsections (4) and (5): “(4) If an authorised officer believes on reasonable grounds that a record required to be kept under this section is kept at a particular place, the officer may, at any reasonable time, enter the place and request the person apparently having charge of the place to produce the record for inspection by the officer. On being so required, that person shall, without delay, comply with the request so far as it is practicable to do so. (5) Any notification required to be given to the Minister or the Commission by or under this Act may be given by delivering personally or sending it by registered post and not otherwise. (6) In subsection (4), ‘authorised officer’ means a person employed in the Department of Communications, Marine and Natural Resources who is authorised in writing by the Minister to exercise the power conferred by subsection (4).”.

(a) Substitute the following subsection for subsection (1)

“(1) A notice to be given to the Minister or the Commission under this Act is required to be in writing and be in the prescribed form (if any).”.

(b) Substitute the following subsections for subsections (4) and (5)

“(4) If an authorised officer believes on reasonable grounds that a record required to be kept under this section is kept at a particular place, the officer may, at any reasonable time, enter the place and request the person apparently having charge of the place to produce the record for inspection by the officer. On being so required, that person shall, without delay, comply with the request so far as it is practicable to do so.

(5) Any notification required to be given to the Minister or the Commission by or under this Act may be given by delivering personally or sending it by registered post and not otherwise.

(6) In subsection (4), ‘authorised officer’ means a person employed in the Department of Communications, Marine and Natural Resources who is authorised in writing by the Minister to exercise the power conferred by subsection (4).”.

4.

Section 8

In subsections (1), (2), (3) and (5), substitute “the Commission for Communications Regulation” for “the Minister” wherever occurring.

PART 5 Amendment of Postal and Telecommunications Services Act 1983

PART 5

Amendment of Postal and Telecommunications Services Act 1983

Item

Provision affected

Amendment

1.

Section 2

In subsection (1), insert the following definition after the definition of “Companies Acts”: “ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002;”.

In subsection (1), insert the following definition after the definition of “Companies Acts”

“ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002;”.

2.

Section 4

In subsection (1), delete paragraph (e).

3.

Section 70 (as amended by Regulation 4 of the European Communities (Postal Services) Regulations 2000)

In subsection (2), substitute “the Commission” for “the Director”.

PART 6 Amendment of Broadcasting and Wireless Telegraphy Act 1988

PART 6

Amendment of Broadcasting and Wireless Telegraphy Act 1988

Item

Provision affected

Amendment

1.

Section 1

(a) Insert the following definition after the definition of “apparatus for wireless telegraphy”: “ ‘appropriate authority’ means (a) the Minister, in the case of a matter involving licences for television sets, and (b) the Minister for Transport, in the case of a matter involving wireless telegraphy apparatus associated with the safety, security and operation of ships and vessels (including certificates of competency for the operation of apparatus for wireless telegraphy on ships and vessels), and (c) the Commission, in the case of any other matter.”. (b) Insert the following definition after the definition of “cinematograph film”: “ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”.

(a) Insert the following definition after the definition of “apparatus for wireless telegraphy”

“ ‘appropriate authority’ means

(a) the Minister, in the case of a matter involving licences for television sets, and

(b) the Minister for Transport, in the case of a matter involving wireless telegraphy apparatus associated with the safety, security and operation of ships and vessels (including certificates of competency for the operation of apparatus for wireless telegraphy on ships and vessels), and

(c) the Commission, in the case of any other matter.”.

(b) Insert the following definition after the definition of “cinematograph film”

“ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”.

2.

Section 3

In subsection (1), substitute “Commission” for “Minister”.

3.

Section 6

In subsection (2)(b), substitute “Commission” for “Minister”.

4.

Section 7

(a) Substitute “Commission” for “Minister”, wherever occurring. (b) Substitute “provider of an electronic communications service” for “Bord Telecom Éireann”, wherever occurring.

(a) Substitute “Commission” for “Minister”, wherever occurring.

(b) Substitute “provider of an electronic communications service” for “Bord Telecom Éireann”, wherever occurring.

5.

Section 13

Substitute “the appropriate authority” for “the Minister”.

6.

Section 14

Substitute “by the Commission” for “by the Minister”.

7.

Section 20

Substitute “The appropriate authority” for “The Minister”.

PART 7 Amendment of Radio and Television Act 1988

PART 7

Amendment of Radio and Television Act 1988

Item

Provision affected

Amendment

1.

Section 2

In subsection (1), insert the following definition after the definition of “company”: “ ‘ComReg’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002;”.

In subsection (1), insert the following definition after the definition of “company”

“ ‘ComReg’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002;”.

2.

Section 4

In subsections (3), (5) and (6), substitute “ComReg” for “the Minister”, wherever occurring.

3.

Section 5

Substitute “ComReg” for “the Minister”, wherever occurring.

4.

Section 7

Substitute “ComReg” for “the Minister”, wherever occurring.

PART 8 Amendment of Broadcasting Act 1990

PART 8

Amendment of Broadcasting Act 1990

Item

Provision affected

Amendment

1.

Section 1

In subsection (1), insert the following definition after the definition of “the Authority”: “ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002;”.

In subsection (1), insert the following definition after the definition of “the Authority”

“ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002;”.

2.

Section 9(1)

Substitute “officer of the Commission” for “officer of the Minister”.

3.

Section 12

Substitute “the Commission” for “the Minister”, except where fourthly occurring.

4.

Section 16

Substitute “the Commission” for “the Minister”, wherever occurring.

5.

Section 17

(a) In subsection (1), substitute “the Commission” for “the Minister”, wherever occurring. (b) Repeal subsection (2).

(a) In subsection (1), substitute “the Commission” for “the Minister”, wherever occurring.

(b) Repeal subsection (2).

PART 9 Amendment of Irish Aviation Authority Act 1993

PART 9

Amendment of Irish Aviation Authority Act 1993

Item

Provision affected

Amendment

1.

Section 70

Substitute the following section: “Transfer of certain functions under Wireless Telegraphy Act 1926 to company. 70.(1) The Commission may, by order (a) transfer to the company the functions of the Commission under section 5 of the Wireless Telegraphy Act 1926, or (b) assign to the company functions of the Commission under section 7 of that Act in so far, in each case, as they relate to apparatus for wireless telegraphy in aircraft. (2) If an order under subsection (1) is in force, in relation to functions under section 7, those functions continue to be vested in the Commission but concurrently with the company and so as to be capable of being performed, as the Commission may determine, either by the Commission or the company. (3) The company shall remit to the Commission any fees paid to it under section 5 of the Wireless Telegraphy Act 1926, subject to the deduction of amounts determined by the company and the Commission for expenses incurred by the company under that section. (4) The company shall provide the Commission with information in relation to such matters concerning the performance of functions transferred or assigned to it under this section as the Commission specifies in writing. (5) In this section, ‘the Commission’ means the Commission for Communications Regulation.”.

Substitute the following section

“Transfer of certain functions under Wireless Telegraphy Act 1926 to company.

70.(1) The Commission may, by order

(a) transfer to the company the functions of the Commission under section 5 of the Wireless Telegraphy Act 1926, or

(b) assign to the company functions of the Commission under section 7 of that Act in so far, in each case, as they relate to apparatus for wireless telegraphy in aircraft.

(2) If an order under subsection (1) is in force, in relation to functions under section 7, those functions continue to be vested in the Commission but concurrently with the company and so as to be capable of being performed, as the Commission may determine, either by the Commission or the company.

(3) The company shall remit to the Commission any fees paid to it under section 5 of the Wireless Telegraphy Act 1926, subject to the deduction of amounts determined by the company and the Commission for expenses incurred by the company under that section.

(4) The company shall provide the Commission with information in relation to such matters concerning the performance of functions transferred or assigned to it under this section as the Commission specifies in writing.

(5) In this section, ‘the Commission’ means the Commission for Communications Regulation.”.

PART 10 Amendment of Telecommunications (Miscellaneous Provisions) Act 1996

PART 10

Amendment of Telecommunications (Miscellaneous Provisions) Act 1996

Item

Provision affected

Amendment

1.

Section 1

(a) In subsection (1), insert the following definition before the definition of “the company”: “ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002;”. (b) In subsection (1), repeal the definition of “the Director”.

(a) In subsection (1), insert the following definition before the definition of “the company”

“ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002;”.

(b) In subsection (1), repeal the definition of “the Director”.

2.

Section 7

(a) In subsections (1) to (4), substitute “the Commission” for “the Minister”. (b) Repeal subsections (5) to (7).

(a) In subsections (1) to (4), substitute “the Commission” for “the Minister”.

(b) Repeal subsections (5) to (7).

3.

Section 12

Substitute the following section: “Authorised officers. 12.(1) The Commission may appoint persons to be authorised officers for the purposes of this section. (2) The Commission shall provide each person appointed under subsection (1) with a certificate of appointment. (3) When exercising a power conferred by this section, an authorised officer shall, if asked to do so by the person in relation to whom the power is being exercised, produce the certificate to the person for inspection. (4) For the purposes of obtaining information necessary for the performance of the Commission’s functions under this Act, an authorised officer may do all or any of the following: (a) enter at any time the premises of a provider of telecommunications services for the purpose of exercising powers conferred by this section; (b) require any provider of telecommunications services to produce records relating to the provision of telecommunications services that are within the provider’s power or control and to provide the officer with such information as the officer may reasonably require in relation to any entries in the records; (c) inspect or take copies of any such records or any of their contents; (d) require a provider of telecommunications services mentioned in paragraph (a) to provide the officer with such information as the officer may reasonably require with respect to the provision of telecommunications services; (e) make such inspections, tests and measurements of machinery, apparatus and other equipment on the premises as the officer considers appropriate.”.

Substitute the following section

“Authorised officers.

12.(1) The Commission may appoint persons to be authorised officers for the purposes of this section.

(2) The Commission shall provide each person appointed under subsection (1) with a certificate of appointment.

(3) When exercising a power conferred by this section, an authorised officer shall, if asked to do so by the person in relation to whom the power is being exercised, produce the certificate to the person for inspection.

(4) For the purposes of obtaining information necessary for the performance of the Commission’s functions under this Act, an authorised officer may do all or any of the following

(a) enter at any time the premises of a provider of telecommunications services for the purpose of exercising powers conferred by this section;

(b) require any provider of telecommunications services to produce records relating to the provision of telecommunications services that are within the provider’s power or control and to provide the officer with such information as the officer may reasonably require in relation to any entries in the records;

(c) inspect or take copies of any such records or any of their contents;

(d) require a provider of telecommunications services mentioned in paragraph (a) to provide the officer with such information as the officer may reasonably require with respect to the provision of telecommunications services;

(e) make such inspections, tests and measurements of machinery, apparatus and other equipment on the premises as the officer considers appropriate.”.

ISB Act 2007-04-21

Schedule 2 Communications Regulation (Amendment) Act 2007 Open official source

SCHEDULE 2 Consequential Amendment of Certain Statutory Instruments

SCHEDULE 2

Consequential Amendment of Certain Statutory Instruments

Section 4(3).

PART 1 Amendment of European Communities (Telecommunications Infrastructure) Regulations 1997 (S.I. No. 338 of 1997)

PART 1

Amendment of European Communities (Telecommunications Infrastructure) Regulations 1997 (S.I. No. 338 of 1997)

Item

Provision affected

Amendment

1.

Regulation 2

Insert the following paragraph after paragraph (1): “(2) In these Regulations, ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002.”.

Insert the following paragraph after paragraph (1)

“(2) In these Regulations, ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002.”.

2.

Regulation 3

In the definition of “national numbering scheme” in paragraph (2), substitute “the Commission that” for “the Director of Telecommunications Regulation which”.

3.

Regulation 9

Delete the Regulation.

PART 2 Amendment of Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations 1997 (S.I. No. 468 of 1997)

PART 2

Amendment of Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations 1997 (S.I. No. 468 of 1997)

Item

Provision affected

Amendment

1.

Regulation 2

(a) In paragraph (1), substitute the following definition for the definition of “Director”: “ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”. (b) Delete paragraph (3).

(a) In paragraph (1), substitute the following definition for the definition of “Director”

“ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”.

(b) Delete paragraph (3).

2.

Regulation 3

(a) In paragraphs (1) and (2), substitute “the Commission” for “the Director”, wherever occurring. (b) Substitute the following paragraph for paragraph (3): “(3) A person who makes an application to the Commission under paragraph (1) of this Regulation shall provide such information as the Commission reasonably requires to enable it to perform its functions under these Regulations. If the applicant, without reasonable cause, fails or refuses to comply with this paragraph, the Commission may decline to continue to deal with the application.”.

(a) In paragraphs (1) and (2), substitute “the Commission” for “the Director”, wherever occurring.

(b) Substitute the following paragraph for paragraph (3)

“(3) A person who makes an application to the Commission under paragraph (1) of this Regulation shall provide such information as the Commission reasonably requires to enable it to perform its functions under these Regulations. If the applicant, without reasonable cause, fails or refuses to comply with this paragraph, the Commission may decline to continue to deal with the application.”.

3.

Regulation 4

Substitute “the Commission” for “the Director”, wherever occurring.

4.

Regulation 5

(a) Substitute “the Commission” for “the Director”, wherever occurring. (b) Substitute “it” for “he or she”, wherever occurring.

(a) Substitute “the Commission” for “the Director”, wherever occurring.

(b) Substitute “it” for “he or she”, wherever occurring.

5.

Regulation 6

(a) Substitute “the Commission” for “the Director”, wherever occurring. (b) In paragraph (3), substitute “it” for “him or her”.

(a) Substitute “the Commission” for “the Director”, wherever occurring.

(b) In paragraph (3), substitute “it” for “him or her”.

6.

Regulation 7

(a) Substitute “the Commission” for “the Director”, wherever occurring. (b) In paragraph (1), substitute “it” for “he or she”.

(a) Substitute “the Commission” for “the Director”, wherever occurring.

(b) In paragraph (1), substitute “it” for “he or she”.

7.

Regulation 8

(a) Substitute the following paragraph for paragraph (3): “(3) The fee referred to in paragraphs (1) and (2) is payable to the Commission by banker’s draft or by such other means and on such terms as the Commission decides.”. (b) In paragraph (6), substitute “the Commission” for “the Director”.

(a) Substitute the following paragraph for paragraph (3)

“(3) The fee referred to in paragraphs (1) and (2) is payable to the Commission by banker’s draft or by such other means and on such terms as the Commission decides.”.

(b) In paragraph (6), substitute “the Commission” for “the Director”.

8.

Schedule

(a) Substitute “The Commission for Communications Regulation, in exercise of the powers conferred on it by section 5(1) of the Wireless Telegraphy Act 1926 (No. 45 of 1926), and section 4 of the Telecommunications (Miscellaneous Provisions) Act 1996 (No. 34 of 1996), grants the following licence to” for “I, Director of Telecommunications Regulation, in exercise of the powers conferred on me by section 5(1) of the Wireless Telegraphy Act 1926 (No. 45 of 1926), and section 4 of the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996), hereby grant the following Licence to”. (b) In paragraph (2), substitute the following definition for the definition of “the Director”: “ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”. (c) In paragraph (5), substitute “the Commission” for “the Director”, wherever occurring. (d) In paragraph (5)(m) and (n), substitute “it” for “he or she”.

(a) Substitute “The Commission for Communications Regulation, in exercise of the powers conferred on it by section 5(1) of the Wireless Telegraphy Act 1926 (No. 45 of 1926), and section 4 of the Telecommunications (Miscellaneous Provisions) Act 1996 (No. 34 of 1996), grants the following licence to” for “I, Director of Telecommunications Regulation, in exercise of the powers conferred on me by section 5(1) of the Wireless Telegraphy Act 1926 (No. 45 of 1926), and section 4 of the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996), hereby grant the following Licence to”.

(b) In paragraph (2), substitute the following definition for the definition of “the Director”

“ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”.

(c) In paragraph (5), substitute “the Commission” for “the Director”, wherever occurring.

(d) In paragraph (5)(m) and (n), substitute “it” for “he or she”.

PART 3 Amendment of Wireless Telegraphy (Fixed Wireless Point-to-Multipoint Access Licence) Regulations 1999 (S.I. No. 287 of 1999)

PART 3

Amendment of Wireless Telegraphy (Fixed Wireless Point-to-Multipoint Access Licence) Regulations 1999 (S.I. No. 287 of 1999)

Item

Provision affected

Amendment

1.

Regulation 2

(a) In the definitions of “apparatus”, “application”, “Radio Point-to-Multipoint Systems” and “Telecommunications Licence” in paragraph (1), substitute “the Commission” for “the Director”. (b) In paragraph (1), substitute the following definition for the definition of “Director”: “ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”. (c) Delete paragraph (3).

(a) In the definitions of “apparatus”, “application”, “Radio Point-to-Multipoint Systems” and “Telecommunications Licence” in paragraph (1), substitute “the Commission” for “the Director”.

(b) In paragraph (1), substitute the following definition for the definition of “Director”

“ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”.

(c) Delete paragraph (3).

2.

Regulation 4

(a) Substitute “the Commission” for “the Director”, wherever occurring. (b) In paragraph (2), substitute “its” for “his or her”.

(a) Substitute “the Commission” for “the Director”, wherever occurring.

(b) In paragraph (2), substitute “its” for “his or her”.

3.

Regulations 5, 6, 7 and 9

Substitute “the Commission” for “the Director”, wherever occurring.

4.

Regulation 8

(a) Substitute “the Commission” for “the Director”, wherever occurring. (b) In paragraph (2), substitute “its” for “his or her”.

(a) Substitute “the Commission” for “the Director”, wherever occurring.

(b) In paragraph (2), substitute “its” for “his or her”.

PART 4 Amendment of Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations 1999 (S.I. No. 442 of 1999)

PART 4

Amendment of Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations 1999 (S.I. No. 442 of 1999)

Item

Provision affected

Amendment

1.

Regulation 2

(a) In paragraph (1), substitute the following definition for the definition of “Director”: “ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”. (b) Delete paragraph (3).

(a) In paragraph (1), substitute the following definition for the definition of “Director”

“ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”.

(b) Delete paragraph (3).

2.

Regulations 3, 4 and 5

Substitute “the Commission” for “the Director”, wherever occurring.

3.

Regulation 6

(a) Substitute “the Commission” for “the Director”, wherever occurring. (b) In paragraph (3), substitute “it” for “he or she”.

(a) Substitute “the Commission” for “the Director”, wherever occurring.

(b) In paragraph (3), substitute “it” for “he or she”.

4.

Regulation 7

In paragraph (1) (a) substitute “the Commission” for “the Director”, wherever occurring, and (b) substitute “it” for “he or she”.

In paragraph (1)

(a) substitute “the Commission” for “the Director”, wherever occurring, and

(b) substitute “it” for “he or she”.

5.

Regulation 8

(a) Substitute the following paragraph for paragraph (3): “(3) The fees specified in paragraphs (1) and (2) are payable to the Commission by banker’s draft or such other method and on such terms as the Commission decides.”. (b) In paragraph (6), substitute “the Commission” for “the Director”, wherever occurring.

(a) Substitute the following paragraph for paragraph (3)

“(3) The fees specified in paragraphs (1) and (2) are payable to the Commission by banker’s draft or such other method and on such terms as the Commission decides.”.

(b) In paragraph (6), substitute “the Commission” for “the Director”, wherever occurring.

PART 5 Amendment of European Communities (Conditional Access) Regulations 2000 (S.I. No. 357 of 2000)

PART 5

Amendment of European Communities (Conditional Access) Regulations 2000 (S.I. No. 357 of 2000)

Item

Provision affected

Amendment

1.

Regulation 2

In paragraph (1) (a) insert the following definition after the definition of “associated service”: “ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”, (b) delete the definition of “Director”.

In paragraph (1)

(a) insert the following definition after the definition of “associated service”

“ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”,

(b) delete the definition of “Director”.

2.

Regulation 4

(a) In paragraph (1), substitute “the Commission” for “the Director”. (b) Substitute the following paragraph for paragraph (3): “(3) The Commission shall, as it thinks fit, destroy or otherwise dispose of an illicit device forfeited under paragraph (1).”.

(a) In paragraph (1), substitute “the Commission” for “the Director”.

(b) Substitute the following paragraph for paragraph (3)

“(3) The Commission shall, as it thinks fit, destroy or otherwise dispose of an illicit device forfeited under paragraph (1).”.

3.

Regulation 5

Substitute the following paragraph for paragraph (1): “(1) The Commission may appoint such and so many persons to be authorised officers as it thinks necessary for the purpose of securing compliance with these Regulations.”.

Substitute the following paragraph for paragraph (1)

“(1) The Commission may appoint such and so many persons to be authorised officers as it thinks necessary for the purpose of securing compliance with these Regulations.”.

4.

Regulation 6

In paragraph (2), substitute “by the Commission” for “by the Director”.

PART 6 Amendment of European Communities (Radio Equipment and Telecommunications Terminal Equipment) Regulations 2001 (S.I. No. 240 of 2001)

PART 6

Amendment of European Communities (Radio Equipment and Telecommunications Terminal Equipment) Regulations 2001 (S.I. No. 240 of 2001)

Item

Provision affected

Amendment

1.

Regulation 2

In paragraph (1) (a) substitute the following definition for the definition of “Commission”: “ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”, (b) delete the definition of “Director”, (c) in the definition of “notified body”, substitute “the European Commission” for “the Commission”.

In paragraph (1)

(a) substitute the following definition for the definition of “Commission”

“ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 (No. 20 of 2002);”,

(b) delete the definition of “Director”,

(c) in the definition of “notified body”, substitute “the European Commission” for “the Commission”.

2.

Regulation 4

(a) Substitute “European Commission” for “Commission”, wherever occurring. (b) Substitute “the Commission” for “the Director”, wherever occurring.

(a) Substitute “European Commission” for “Commission”, wherever occurring.

(b) Substitute “the Commission” for “the Director”, wherever occurring.

3.

Regulation 5

(a) Substitute the following paragraph for paragraph (4): “(4) An operator shall ensure that publication under the obligations of this Regulation accord with any requirements or instructions specified by the Commission from time to time.”. (b) Substitute “the Commission shall notify the European Commission” for “the Director shall notify the Commission”.

(a) Substitute the following paragraph for paragraph (4)

“(4) An operator shall ensure that publication under the obligations of this Regulation accord with any requirements or instructions specified by the Commission from time to time.”.

(b) Substitute “the Commission shall notify the European Commission” for “the Director shall notify the Commission”.

4.

Regulation 6

Substitute “the Commission” for “the Director”, wherever occurring.

5.

Regulation 7

(a) In paragraph (2), substitute “the Commission” for “the Director”, wherever occurring. (b) Substitute the following paragraphs for paragraphs (4) and (5): “(4) An operator who disconnects apparatus in accordance with paragraph (3) shall immediately inform the Commission of the disconnection. As soon as practicable after being asked to do so by the Commission, the operator shall provide the Commission with such relevant information concerning the disconnection as it specifies. (5) As soon as practicable after issuing an authorisation under paragraph (2), the Commission shall notify to the European Commission of the authorisation.”.

(a) In paragraph (2), substitute “the Commission” for “the Director”, wherever occurring.

(b) Substitute the following paragraphs for paragraphs (4) and (5)

“(4) An operator who disconnects apparatus in accordance with paragraph (3) shall immediately inform the Commission of the disconnection. As soon as practicable after being asked to do so by the Commission, the operator shall provide the Commission with such relevant information concerning the disconnection as it specifies.

(5) As soon as practicable after issuing an authorisation under paragraph (2), the Commission shall notify to the European Commission of the authorisation.”.

6.

Regulation 9

Substitute the following Regulation: “9.(1) The Commission may, from time to time, appoint such persons as it considers necessary to be notified bodies under these Regulations, having regard to the criteria specified in Annex VI to the Directive. In making such an appointment, the Commission may attach such conditions as it considers appropriate. (2) The Commission shall inform the European Commission and the other Member States of the names of the notified bodies appointed under paragraph (1). (3) An appointment under paragraph (1) may be for a fixed or indefinite period. The Commission (a) may at any time revoke an appointment, and (b) shall revoke an appointment if it reasonably believes that the notified body in the State does not meet or has ceased to meet the conditions referred to in paragraph (1). (4) The Commission may (a) amend or revoke any or all of the conditions (if any) attached under paragraph (1) to an appointment made under that paragraph, or (b) attach additional conditions from time to time to such appointment for the efficient and proper functioning of the body in question. (5) As soon as practicable after an appointment has been revoked under paragraph (4), the Commission shall notify the revocation to the European Commission and the other Member States.”.

Substitute the following Regulation

“9.(1) The Commission may, from time to time, appoint such persons as it considers necessary to be notified bodies under these Regulations, having regard to the criteria specified in Annex VI to the Directive. In making such an appointment, the Commission may attach such conditions as it considers appropriate.

(2) The Commission shall inform the European Commission and the other Member States of the names of the notified bodies appointed under paragraph (1).

(3) An appointment under paragraph (1) may be for a fixed or indefinite period. The Commission

(a) may at any time revoke an appointment, and

(b) shall revoke an appointment if it reasonably believes that the notified body in the State does not meet or has ceased to meet the conditions referred to in paragraph (1).

(4) The Commission may

(a) amend or revoke any or all of the conditions (if any) attached under paragraph (1) to an appointment made under that paragraph, or

(b) attach additional conditions from time to time to such appointment for the efficient and proper functioning of the body in question.

(5) As soon as practicable after an appointment has been revoked under paragraph (4), the Commission shall notify the revocation to the European Commission and the other Member States.”.

7.

Regulation 11

(a) Substitute the following paragraphs for paragraphs (1) to (4): “(1) If of the opinion that (a) any apparatus to which these Regulations apply does not comply with these Regulations, or (b) radio equipment has caused or may cause harmful interference, the Commission may direct the person concerned to take one or more of the actions specified in paragraph (2). (2) The following actions are specified for the purpose of paragraph (1): (a) to withdraw the apparatus or equipment from the market or from service; (b) not to place the apparatus or equipment on the market, or to put it into service; (c) not to move the apparatus or equipment or any part of it; (d) to do or not to do any other thing in order to comply with these Regulations and the Directive. (3) The Commission may take any other appropriate measures, including the seizing and removing of apparatus or radio equipment from the market to ensure compliance with these Regulations and the avoidance of harmful interference. (4) The Commission shall give the opportunity to any person to whom it has given a direction, or who is otherwise affected by measures taken by the Commission under this Regulation, to make representations to the Commission about the direction or measures. If, because of the urgency of the matter, this opportunity is not given before the direction is given or other measures are taken, the Commission shall give such an opportunity as soon as possible afterwards. (4A) A direction given under this Regulation is to be in writing and— (a) state the reasons upon which it is based, and

(a) Substitute the following paragraphs for paragraphs (1) to (4)

“(1) If of the opinion that

(a) any apparatus to which these Regulations apply does not comply with these Regulations, or

(b) radio equipment has caused or may cause harmful interference,

the Commission may direct the person concerned to take one or more of the actions specified in paragraph (2).

(2) The following actions are specified for the purpose of paragraph (1)

(a) to withdraw the apparatus or equipment from the market or from service;

(b) not to place the apparatus or equipment on the market, or to put it into service;

(c) not to move the apparatus or equipment or any part of it;

(d) to do or not to do any other thing in order to comply with these Regulations and the Directive.

(3) The Commission may take any other appropriate measures, including the seizing and removing of apparatus or radio equipment from the market to ensure compliance with these Regulations and the avoidance of harmful interference.

(4) The Commission shall give the opportunity to any person to whom it has given a direction, or who is otherwise affected by measures taken by the Commission under this Regulation, to make representations to the Commission about the direction or measures. If, because of the urgency of the matter, this opportunity is not given before the direction is given or other measures are taken, the Commission shall give such an opportunity as soon as possible afterwards.

(4A) A direction given under this Regulation is to be in writing and—

(a) state the reasons upon which it is based, and

(b) inform the person of the right of appeal under Regulation 13. (4B) If it considers it appropriate to do so, the Commission may withdraw, or amend by a further direction in writing, any direction given under this Regulation.”. (b) Substitute the following paragraph for paragraph (7): “(7) The Commission shall, in accordance with Article 9 of the Directive, notify the European Commission of any relevant direction or other measures taken under this Regulation.”. (c) In paragraph (8), substitute “the Commission” for “the Director”.

(b) inform the person of the right of appeal under Regulation 13.

(4B) If it considers it appropriate to do so, the Commission may withdraw, or amend by a further direction in writing, any direction given under this Regulation.”.

(b) Substitute the following paragraph for paragraph (7)

“(7) The Commission shall, in accordance with Article 9 of the Directive, notify the European Commission of any relevant direction or other measures taken under this Regulation.”.

(c) In paragraph (8), substitute “the Commission” for “the Director”.

8.

Regulation 13

In paragraph (3), substitute “the Commission” for “the Director”.

9.

Regulation 14

Substitute the following Regulation: “14.(1) If of the opinion that apparatus to which these Regulations apply— (a) is being or may be placed on the market, and (b) is likely to cause serious injury or damage to property or harmful interference, the Commission may apply to the High Court for an order under paragraph (4). Such an application is to be by motion. (2) The High Court may hear the application only if it is satisfied that a copy of the application has been served on the person alleged to be responsible for placing or proposing to place the apparatus on the market. On being served with such a copy, the person becomes the respondent to the application. (3) The High Court may make such interim or interlocutory order as it considers appropriate pending determination of an application made under paragraph (1). The Court may not refuse interim or interlocutory relief merely because the Commission may not suffer damage if relief were not granted pending determination of the application. (4) On hearing an application made under paragraph (1), the High Court may, if it considers it appropriate to do so, make either or both of the following orders: (a) if it appears to the Court that the respondent has placed the apparatus on the market, an order requiring the respondent to withdraw the apparatus from the market; or (b) if it appears to the Court that the respondent is proposing or continuing to place the apparatus on the market, an order prohibiting the respondent from doing or continuing to do so. (5) If the High Court makes an order under paragraph (4), it may make such ancillary orders as it considers appropriate.”.

Substitute the following Regulation

“14.(1) If of the opinion that apparatus to which these Regulations apply—

(a) is being or may be placed on the market, and

(b) is likely to cause serious injury or damage to property or harmful interference,

the Commission may apply to the High Court for an order under paragraph (4). Such an application is to be by motion.

(2) The High Court may hear the application only if it is satisfied that a copy of the application has been served on the person alleged to be responsible for placing or proposing to place the apparatus on the market. On being served with such a copy, the person becomes the respondent to the application.

(3) The High Court may make such interim or interlocutory order as it considers appropriate pending determination of an application made under paragraph (1). The Court may not refuse interim or interlocutory relief merely because the Commission may not suffer damage if relief were not granted pending determination of the application.

(4) On hearing an application made under paragraph (1), the High Court may, if it considers it appropriate to do so, make either or both of the following orders

(a) if it appears to the Court that the respondent has placed the apparatus on the market, an order requiring the respondent to withdraw the apparatus from the market; or

(b) if it appears to the Court that the respondent is proposing or continuing to place the apparatus on the market, an order prohibiting the respondent from doing or continuing to do so.

(5) If the High Court makes an order under paragraph (4), it may make such ancillary orders as it considers appropriate.”.

10.

Regulation 15

(a) Substitute the following paragraph for paragraph (1): “(1) The Commission may appoint such and so many of its officers or officers of the Director of Consumer Affairs or any other persons whom it considers to be suitably qualified to be authorised officers for the purpose of these Regulations and the Directive.”. (b) In paragraph (3), substitute “enabling the Commission to perform its functions” for “enabling the Director to exercise his or her functions”. (c) Substitute the following subparagraph for paragraph (3)(c): “(c) require any person who is on or employed at, or who is apparently the owner or in charge of, the premises, place, vehicle, vessel or aircraft (i) to give the officer such information, or (ii) to produce to the officer such books, records or other documents in the possession or under the control of the person, as the officer or the Commission reasonably requires for the performance of the functions of the officer or Commission under these Regulations;”.

(a) Substitute the following paragraph for paragraph (1)

“(1) The Commission may appoint such and so many of its officers or officers of the Director of Consumer Affairs or any other persons whom it considers to be suitably qualified to be authorised officers for the purpose of these Regulations and the Directive.”.

(b) In paragraph (3), substitute “enabling the Commission to perform its functions” for “enabling the Director to exercise his or her functions”.

(c) Substitute the following subparagraph for paragraph (3)(c)

“(c) require any person who is on or employed at, or who is apparently the owner or in charge of, the premises, place, vehicle, vessel or aircraft

(i) to give the officer such information, or

(ii) to produce to the officer such books, records or other documents in the possession or under the control of the person,

as the officer or the Commission reasonably requires for the performance of the functions of the officer or Commission under these Regulations;”.

11.

Regulation 17

Substitute the following paragraphs for paragraphs (1) and (2): “(1) As soon as practicable after completing such an examination, the Commission or designated person shall return the thing to the authorised officer concerned or to any other authorised officer to whom duties are, for the time being, assigned in relation to the matter concerned. (2) If an authorised officer reasonably believes that a thing referred to in paragraph (1) is evidence of, or relates to, an offence under these Regulations (whether as a result of an examination referred to in that paragraph or not), the officer may retain the thing (a) for such period from the date of seizure as is reasonable, or (b) if proceedings are commenced under these Regulations in which the thing is to be used in evidence, until the conclusion of those proceedings. As soon as practicable after the end of that period, or the conclusion of those proceedings, the officer, or some other authorised officer to whom duties are for the time being assigned in relation to the matter, shall deliver the thing to such person as, in the opinion of the officer, is the owner of the thing.”.

Substitute the following paragraphs for paragraphs (1) and (2)

“(1) As soon as practicable after completing such an examination, the Commission or designated person shall return the thing to the authorised officer concerned or to any other authorised officer to whom duties are, for the time being, assigned in relation to the matter concerned.

(2) If an authorised officer reasonably believes that a thing referred to in paragraph (1) is evidence of, or relates to, an offence under these Regulations (whether as a result of an examination referred to in that paragraph or not), the officer may retain the thing

(a) for such period from the date of seizure as is reasonable, or

(b) if proceedings are commenced under these Regulations in which the thing is to be used in evidence, until the conclusion of those proceedings.

As soon as practicable after the end of that period, or the conclusion of those proceedings, the officer, or some other authorised officer to whom duties are for the time being assigned in relation to the matter, shall deliver the thing to such person as, in the opinion of the officer, is the owner of the thing.”.

12.

Regulation 18

In paragraph (3), substitute “by the Commission” for “by the Director”.

13.

Schedule 1

(a) Insert the following heading after Regulation 21: “Schedule 1”. (b) In item 5 of the matter headed “MARKING OF EQUIPMENT”, substitute “the European Commission” for “the Commission”.

(a) Insert the following heading after Regulation 21

“Schedule 1”.

(b) In item 5 of the matter headed “MARKING OF EQUIPMENT”, substitute “the European Commission” for “the Commission”.

ISB Act 2007-04-21

Schedule 3 Communications Regulation (Amendment) Act 2007 Open official source

SCHEDULE 3 Savings and Transitional Provisions

SCHEDULE 3

Savings and Transitional Provisions

Section 4(4).

Interpretation: Schedule 3.

1. In this Schedule—

“ Commission ” has the same meaning as it has in the Principal Act;

“ Director ” means the Director of Telecommunications Regulation who was, immediately before the commencement of section 9 of the Principal Act, holding office as such under the Telecommunications (Miscellaneous Provisions) Act 1996;

“ relevant day ”—

(a) in relation to a function transferred to the Commission under section 9 of the Principal Act (as in force immediately before the commencement of section 4 of this Act), means the establishment day referred to in that section, or

(b) in relation to any other matter, means the day on which section 4 of this Act came into operation;

“ relevant Minister ” means the Minister for Public Enterprise or any Minister to whom the functions of that Minister have been subsequently transferred.

Orders made before relevant day.

2. If—

(a) an order made by a Minister under an Act or statutory instrument amended by this Act was in force immediately before the relevant day, and

(b) the Commission would have power to make such an order under that Act or statutory instrument as in force on and after that day,

the order continues in force on and after that day and may, subject to that Act or instrument, be amended or revoked by the Commission.

Appointments made before relevant day.

3. If—

(a) a person appointed to an office or position under an Act or statutory instrument amended by this Act was holding the office or position immediately before the relevant day, and

(b) the Commission could have appointed the person under the amended Act or statutory instrument as in force on and after that day,

the person continues to hold the office or position on and after that day for the remainder of the period for which, and subject to the same terms and conditions on which, the person was originally appointed.

Legal proceedings started before relevant day.

4. (1) If—

(a) civil proceedings brought or defended by the Director or the relevant Minister under an Act or statutory instrument amended by this Act were pending immediately before the relevant day, and

(b) the Commission could have brought or defended those proceedings under that Act or statutory instrument as in force on and after that commencement,

then, on that commencement, the Commission becomes the plaintiff or defendant in those proceedings and may pursue or defend them accordingly.

(2) If—

(a) immediately before the relevant day, criminal proceedings brought by or under the authority of the Director or the relevant Minister were pending under an Act or statutory instrument amended by this Act, and

(b) the Commission could have brought or defended those proceedings under that Act or statutory instrument as in force on and after that day,

then, on that day, the Commission becomes the plaintiff or prosecutor in those proceedings and the Commission may continue to prosecute those proceedings accordingly.

Documents created before relevant day.

5. (1) If—

(a) a document (such as a notice, record, certificate or licence) granted or made by the Director or the relevant Minister under an Act or statutory instrument amended by this Act was effective immediately before the relevant day, and

(b) the document could have been granted or made by the Commission under the Act or statutory instrument on or after that day,

the document continues to have effect on and after that day as if it had been granted or made by the Commission.

(2) If a document that continues to have effect because of subparagraph (1) was, immediately before the relevant day, in the possession of the Director or the relevant Minister and the document remained in the possession of a person other than the Commission on and after that day, the person shall deliver the document to the Commission as soon as practicable after the commencement of this paragraph.

Acts done and not completed before relevant commencement.

6. Without limiting paragraphs 2, 3 and 4 of this Schedule, if—

(a) an act done by the Director or the relevant Minister under an Act or statutory instrument amended by this Act was not completed before the relevant day, and

(b) the act could be lawfully done by or under the authority of the Commission under the Act or statutory instrument as in force on and after that day,

the act may be continued and completed by the Commission.

Communications Regulation (Amendment) Act 2007

Statutory Text (3 Articles)

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