lrc_2009_act_18

(LRC Revised)

1 Articles / Provisions · Ireland

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LRC Revised Act

Broadcasting Act 2009 (LRC Revised) Open official source

Number 18 of 2009

BROADCASTING ACT 2009

REVISED

Updated to 12 June 2026

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This revised Act is an administrative consolidation of the

Broadcasting Act 2009

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

International Co-operation (Omagh Bombing Inquiry) Act 2026

(12/2026), enacted 3 June 2026, and all statutory instruments up to and including

the

International Protection Act 2026 (Commencement) Order 2026

(S.I. No. 244 of 2026), made 12 June 2026, were

considered in the preparation of this Revised Act.

Disclaimer: While every care has

been taken in the preparation of this Revised Act, the Law Reform Commission can assume

no responsibility for and give no guarantees, undertakings or warranties concerning

the

accuracy, completeness or up to date nature of the information provided and does not

accept any liability whatsoever arising from any errors or omissions. Please notify

any

errors, omissions and comments by email to revisedacts@lawreform.ie.

Number

2009

BROADCASTING ACT 2009

REVISED

Updated to 12 June 2026

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General matters

Section

1. Short title.

2. Definitions.

2A. Meaning of

“under the jurisdiction of the State”: media service providers.

2B. Meaning of

“under the jurisdiction of the State”: providers of video-sharing platform services.

2C. Meaning of

“under the jurisdiction of the State”: providers of other services that may be

relevant online services.

2D. Procedure

for giving notices.

3. Repeals.

4. Expenses.

PART 2

Coimisiún na Meán

5. Establishment day.

6. Establishment

of Commission.

7. Powers and

functions of Commission.

8. Delegation of

functions.

9. Conferral of

additional functions.

10. Independence

of Commission.

11. Membership

of Commission.

12. Conditions

of office of Commissioner.

13. Appointment

of Acting Commissioner.

14. Chairperson

of Commission.

15. Eligibility

for appointment as Commissioner or member of staff.

16. Meetings of

Commission.

17. Staff of

Commission.

18.

Superannuation.

19.

Committees.

20. Consultants

and advisers.

21. Power to

impose levies.

22. Levies under

section 21: enforcement and procedure.

22A. Arrangement in relation to collection of levies.

23. Grant to

Commission.

24. Power to

borrow.

25. Deposits and

charges for services.

26. Estimates

and accounts.

27.

Accountability of chairperson to Public Accounts Committee.

28.

Accountability of Commissioner to Oireachtas committees.

29. Strategy

statement and work programme.

30. Observations

on legislative proposals and review of enactments.

31. Reporting by

Commission.

32. Co-operation

with other bodies.

33. Disclosure

of personal data.

34. Co-operation

with self-regulatory systems.

35. Policy

communications.

36. Confidential

information.

36A.

Professional secrecy under Digital Services Regulation

37. Disclosure

of interests.

38. Judicial

review.

PART 3

Broadcasters — Duties, Codes and Rules

39. Duties of

broadcasters.

(

Repealed

)

40. Recording of

broadcasts.

(

Repealed

)

41.

Advertising.

(

Repealed

)

42. Broadcasting

codes.

(

Repealed

)

43. Broadcasting

rules.

(

Repealed

)

44. Inspection

of draft broadcasting codes and rules.

(

Repealed

)

45. Presentation

of broadcasting codes and rules to Minister.

(

Repealed

)

46. Co-operation

with other parties — standards and self-regulation.

(

Repealed

)

PART 3A

services

46A. Register

of providers of audiovisual on-demand media services.

46B. Duty of

media service providers to notify Commission.

46C. Duty of

registered media service providers to notify changes.

46D. Procedure

where Commission notified under section 46B or 46C.

46E. Review

and correction of register.

46F. Failure

to notify or to provide further information.

46G. Removal

of provider or service from register.

46H. Rules and

guidelines.

PART 3B

Duties, codes, and rules applying to media service

providers and sound broadcasters

Chapter 1

Interpretation

46I.

Interpretation.

Chapter 2

Duties

46J. Harm,

offence, incitement, and authority of State.

46K.

Privacy.

46L. News and

current affairs.

46M.

Advertising.

Chapter 3

Media service codes and media service rules

46N. Media

service codes.

46O. Media

service rules.

Chapter 4

Retention of copies of programme material

46P. Retention

of copies of programme material.

Chapter 5

Procedures in relation to media service codes and media service rules

46Q.

Consultation.

46R. Laying of

codes and rules.

PART 4

Redress

47. Code of practice — complaints handling.

48. Complaints process.

49. Right of reply.

PART 5

Enforcement

Chapter 1

Compliance with terms of contract

50. Investigation into affairs of contractor.

51. Termination or suspension of contract under

Part 6

Chapter 2

Financial Sanctions

52. Definitions

(

Chapter 2

(

Repealed

)

53.

Investigation into affairs of broadcaster.

(

Repealed

)

54. Report,

findings, recommendations and procedures relating to outcome of investigation.

(

Repealed)

)

55. Financial

sanctions.

(

Repealed

)

56. Matters to

be considered in determining the amount of financial sanction.

(

Repealed

)

Chapter 3

Notifications

57. Notifications.

PART 6

Broadcasting Contracts and Content Provision Contracts — Commercial and Community Broadcasters

58. Interpretation (

Part 6

59. Broadcasting licence.

60. Variation of broadcasting licence.

61. Emergencies.

62. Restriction on award of sound broadcasting contract.

63. Sound broadcasting contracts.

64. Community sound broadcasting contracts.

65. Applications for sound broadcasting contracts.

66. Determination of applications for award of sound broadcasting contracts and television

programme service contract.

67. Fast-track application process for award of sound broadcasting contracts.

68. Sound broadcasting contracts for temporary or institutional sound broadcasting

services.

69. Terms and conditions of broadcasting contract.

70. Television programme service contract.

71. Content provision contracts.

72. Community content provision contracts.

73. Assessment of community needs in respect of broadcasting.

74. Electronic

programme guides.

(

Repealed

)

75. Rules with

respect to programme guide contracts.

(

Repealed

)

76. Transmission

of broadcasting services by MMD system.

(

Repealed

)

77. Must-carry

and must-offer obligations.

78. Offences (

Part 6

PART 7

Public Service Broadcasting

Chapter 1

Public Service Broadcasting Corporations — Common Provisions

79. Bodies corporate.

80. Seals of corporations.

81. Appointment of board.

82. Criteria for board membership.

83. Appointment of staff member.

84. Terms and removal.

85. Chairperson.

86. Exclusions from board membership.

87. Duties of board members.

88. Meetings.

89. Director general.

90. Staff.

91. Superannuation.

92. Accountability of director general and chairperson to Oireachtas Committees.

93. Disclosure by members of corporation of certain interests.

94. Disclosure by staff and contractors for services of certain interests.

95. Code of conduct.

96. Audience council.

97. Advisory committees.

98. Independence.

99. Statement of strategy.

100. Sectoral impact assessments by Authority.

101. Public service statement.

102. Annual statement of performance commitments.

103. Ministerial consent for new services and variations in channels.

104. Establishment of subsidiaries and joint ventures.

105. Duty of corporation with respect to its revenue.

106. Advertisements.

107. Borrowings.

108. Transactions between public service and commercial opportunities.

109. Accounts and audit.

110. Reports and information.

111. Access to archives.

112. Code of fair trading practice.

Chapter 2

Provisions specific to RTÉ

113. Raidió Teilifís Éireann.

114. Principal objects and associated powers of RTÉ.

115. Broadcasting infrastructure.

116. Independent programme account.

Chapter 3

Provisions specific to TG4

117. Continuance of Teilifís na Gaeilge.

118. Principal objects and associated powers of TG4.

119. Accountability of director general of TG4 to Committee of Public Accounts.

Chapter 4

Exchange of Programme Material and Spectrum Licencing

120. Duty to supply programme material.

121. Public service broadcasting licence.

122. Emergencies.

Chapter 5

Allocation of Public Funding to RTÉ and TG4

123. Allocation of public funding.

124. Recommendations as to changes to public funding.

Chapter 6

Bealach Thithe an Oireachtais and Bealach Scannán na hÉireann

125. Bealach Thithe an Oireachtais (Houses of the Oireachtas Channel).

126. Amendment of Schedule to Houses of the Oireachtas Commission Act 2003.

127. Bealach Scannán na hÉireann (Irish Film Channel).

128. Oversight of public funding of Houses of the Oireachtas Channel and Irish Film

Channel.

Chapter

Availability and prominence of public service programmes and services

128A.

Interpretation.

128B.

Must-carry and must-offer obligations for platforms.

128C.

Prominence on interactive guides.

128D.

Designation of public service audiovisual broadcasting or on-demand media

services.

128E.

Consultation and laying.

PART 8

Digital Broadcasting and Analogue Switch-Off

129. Definitions (

Part 8

130. Additional functions of RTÉ.

131. Additional functions of Authority.

132. Duty of Communications Regulator in respect of digital terrestrial television

multiplexes.

133. Duty of Communications Regulator in respect of digital terrestrial sound broadcasting

multiplexes.

134. Amendment of sound broadcasting contracts for listed simulcast services.

135. Regulations prescribing fees.

136. Applications for multiplex contracts.

137. Determination of applications for award of multiplex contracts.

138. Terms and conditions of multiplex contracts.

139. Analogue switch-off.

PART 8A

Online safety

Chapter

Interpretation: harmful online content and age-inappropriate online content

139A.

Harmful online content.

139B. Power

to specify other harmful online content.

139C.

Procedure for proposals and orders under section 139B.

139D.

Age-inappropriate online content.

Chapter 2

Designated online services

139E.

Designation of online services.

139F. Power

to require information relevant to designation.

139G.

Requirement to designate video-sharing platform services.

139H.

Procedure for designation of online services.

139I.

Revocation of designation.

139J.

Chapter

Online safety codes

139K. Online

safety codes.

139L.

Application of online safety codes.

139M. Online

safety codes: matters to be considered.

139N. Online

safety codes: procedure.

139O.

Compliance with online safety codes: information notices.

139P. Audit

of complaints and complaint handling.

139Q.

Enforcement of online safety codes.

Chapter

Complaints to Commission about harmful online content

139R.

Complaints to Commission about harmful online content.

139S.

Complaints which may be considered by Commission.

139T.

Resolution of complaints.

139U.

Principles for resolution of complaints.

139V.

Complaint scheme: content.

139W.

Complaint scheme: procedure.

139X.

Implementation of schemes.

139Y. Review

of operation of scheme.

Chapter

Online safety guidance materials and advisory notices

139Z.

Guidance materials and advisory notices.

139ZA.

Guidance materials and advisory notices: matters to be considered.

139ZB.

Guidance materials and advisory notices: procedure.

Chapter

Ancillary matters

139ZC.

Scheme for notifications by nominated bodies.

139ZD.

Duty of Commission to encourage use of mediation.

139ZE.

Voluntary arrangements with providers in third countries.

139ZF.

e-Commerce compliance strategy.

PART 8B

Investigations and sanctions

Chapter 1

Interpretation

139ZG.

Interpretation.

Chapter 1A

Provision of information for purposes of functions of Commission as competent authority

under Terrorist Content Online Regulation

139ZGA.

Provision of information for purposes of functions of Commission as competent authority

under Terrorist Content Online Regulation.

Chapter

Authorised officers and

investigations

139ZH.

Appointment of authorised officers.

139ZI.

Commencement and terms of investigation.

139ZJ.

Notice of commencement of investigation.

139ZJA.

Notice of communication under Article 58(5).

139ZK.

Powers of authorised officer.

139ZKA.

Use of powers for other purposes of Digital Services Regulation.

139ZL.

Search warrant.

139ZLA.

Enforcement of investigatory powers by daily payment penalty.

139ZLB.

Power to require intermediary service provider to take interim measures.

139ZM.

Report of authorised officer.

139ZMA.

Information about decision process following joint investigation to which Article

applies.

139ZN.

Rules.

139ZO.

Guidelines.

139ZP.

Conduct of investigations.

Chapter

Decision of Commission

139ZQ.

Division of Commission.

139ZR.

Action by Commission after receiving report.

139ZS.

Decision by Commission.

139ZSA.

Decision following joint investigation to which Article 60 applies.

139ZT.

Notice and publication of decision of Commission.

Chapter

Administrative financial sanctions

139ZU.

Submissions and requests for information.

139ZV.

Determination of amount of administrative financial sanction.

139ZW.

Limitations on amount of administrative financial sanction.

139ZX.

Appeal against decision.

139ZY.

Circuit Court confirmation of decision.

139ZZ.

Treatment of amounts paid in respect of administrative financial sanctions.

139ZZA.

Reference on point of law to High Court.

Chapter

Daily payment penalty under section 139ZLA: appeal and confirmation

139ZZAA. Daily payment penalty under section 139ZLA: appeal and confirmation.

Chapter

Notice to end contravention

139ZZB.

Notice to end contravention.

139ZZBA. Daily payment for failure to comply with notice to end

contravention.

139ZZBB. Daily payment penalty under section 139ZZBA: appeal and

confirmation.

Chapter

Access blocking order

139ZZC.

Access blocking order.

Chapter

Access blocking order where Digital Services Regulation infringed

139ZZCA. Further notice to end infringement of Digital Services Regulation.

139ZZCB. Access blocking order in case of infringement of Digital Services

Regulation.

Chapter

Content limitation notice

139ZZD.

Content limitation notice.

139ZZE.

Procedure in relation to content limitation notice.

139ZZF.

Appeal.

139ZZG.

Publication of content limitation notice.

Chapter

Other enforcement measures

139ZZGA. Compliance notice.

139ZZGB. Power to enter into commitment agreement with intermediary service

provider.

Chapter

Offences

139ZZH.

Categories of offences.

139ZZI.

Summary prosecution and costs.

PART 9

Television Licence

140. Definitions (

Part 9

) — order —“specified place”.

141. Laying regulations and orders —

Part 9

142. Restrictions on possession of television set.

143. Grant of television licences.

144. Regulations in regard to television licences.

145. Issue of television licences by agent.

146. Request to show television licence.

147. Statutory declaration.

148. Offences for not having television licence.

149. Reminder notification and fixed payment notice.

150. Reminder notification — effective date of television licence and recovery of licence fees.

151. Prosecution of offences.

152. Miscellaneous amendments.

PART 10

Broadcasting Fund

153. Definitions (

Part 10

154. Broadcasting funding scheme.

155. Objectives of scheme.

155A. Scheme

for professional journalistic practices in local sound broadcasting and community

broadcasting.

156. Amounts to be paid by Minister to scheme.

157. Broadcasting fund.

158. Reviews of scheme.

159. Winding-up and dissolution of scheme.

PART 10A

European Works

159A.

Interpretation of European works.

159B. Share

of European works.

159C.

Prominence of European works.

159D.

Reporting.

159E.

European works levy.

159F.

European works scheme.

159G.

Procedure for making schemes under section 159F.

159H.

Designation of Fís Éireann for the purpose of making a European works scheme.

159I.

Exemptions for particular services.

159J. Laying

of rules, orders and schemes.

PART 11

Major Events Television Coverage

160. Definitions (

Part 11

161. Application.

162. Designation of major events.

163. Consultation.

164. Broadcasters’ duties with respect to designated events.

165. Broadcasters’ duties with respect to Member State events.

166. Civil remedies.

167. Reasonable market rates.

168. Qualifying broadcaster may apply to High Court to obtain rights from event organiser

to provide coverage of designated event on free television services in State, etc.

169. Arbitration in respect of reasonable market rates where event organiser is willing

to sell broadcasting rights to designated event to qualifying broadcaster.

170. Criteria for determining reasonable market rates.

171. Obligation to give copy of agreement or arrangement to broadcasting rights to

Minister.

172. Service of directions and notification.

173. Review of designated events.

PART 12

Transitional Provisions

174.

Dissolution of BCI and saver.

(

Repealed

)

175.

Dissolution of BCC and saver.

(

Repealed

)

176.

Transitional provisions — BCI.

(

Repealed

)

177.

Transitional provisions — BCC.

(

Repealed

)

178. Final

accounts of BCI.

(

Repealed

)

179.

Continuance of Ministerial consents given in respect of public service

broadcasters.

(

Repealed

)

PART 13

Wireless Telegraphy

180. Collective citations — Wireless Telegraphy Acts.

181. Amendment of Broadcasting and Wireless Telegraphy Acts (increase of fines, etc.).

182. Matters relating to wireless telegraphy.

PART 14

Miscellaneous

183. Amendment to definitions in Copyright and Related Rights Act 2000.

184. Minister’s functions in relation to electronic communications networks and electronic communications

services.

185. Amendment of section 5 of Act of 1998 (advertisement, etc., by Referendum Commission).

PART 15

Digital Services

Chapter

Interpretation

186.

Interpretation (Part 15).

Chapter

Vetted researchers, trusted flaggers and out-of-court settlement bodies

187.

Designation of vetted researchers.

188.

Termination of data access.

189. Review of

refusal of designation or revocation of designation.

190. Award of

trusted flagger status.

191.

Revocation of status as trusted flagger.

192. Review of

refusal of designation or revocation of designation.

193.

Certification of out-of-court dispute settlement bodies.

194.

Revocation of certification as out-of-court dispute settlement body.

195. Review of

refusal of certification or revocation of certification.

196.

Representations.

197.

Investigation of trusted flagger, vetted researcher or out-of-court dispute

settlement body.

Chapter

Miscellaneous

198. Orders to

act against illegal content.

199. Orders to

provide information.

200.

Fees.

201.

Complaints to Commission concerning Digital Services Regulation.

202.

Offences.

SCHEDULE 1

Enactments Repealed

SCHEDULE 2

Sections 5 to 9 of the

Wireless Telegraphy Act 1926

SCHEDULE 3

Harmful Online Content

Offence-Specific Categories

SCHEDULE 4

Oral hearings

Acts Referred to

British-Irish Agreement Act 1999

1999, No. 1

Broadcasting (Amendment) Act 2007

2007,No. 15

Broadcasting (Funding) Act 2003

2003,No. 43

Broadcasting (Major Events Television Coverage) (Amendment) Act 2003

2003,No. 13

Broadcasting (Major Events Television Coverage) Act 1999

1999,No. 28

Broadcasting (Offences) Act 1968

1968,No. 35

Broadcasting (Offences) Acts 1968 and 1988

Broadcasting Act 1990

1990,No. 24

Broadcasting Act 2001

2001,No. 4

Broadcasting and Wireless Telegraphy Act 1988

1988,No. 19

Broadcasting Authority (Amendment) Act 1964

1964,No. 4

Broadcasting Authority (Amendment) Act 1966

1966,No. 7

Broadcasting Authority (Amendment) Act 1971

1971,No. 2

Broadcasting Authority (Amendment) Act 1973

1973,No. 1

Broadcasting Authority (Amendment) Act 1974

1974,No. 33

Broadcasting Authority (Amendment) Act 1976

1976,No. 37

Broadcasting Authority (Amendment) Act 1979

1979,No. 36

Broadcasting Authority (Amendment) Act 1993

1993,No. 15

Broadcasting Authority Act 1960

1960,No. 10

Communications Regulation Act 2002

2002,No. 20

Communications Regulation (Amendment) Act 2007

2007,No. 22

Companies Act 1963

1963,No. 33

Companies Act 1990

1990,No. 33

Comptroller and Auditor General (Amendment) Act 1993

1993,No. 8

2000,No. 28

Disability Act 2005

2005,No. 14

Ethics in Public Office Act 1995

1995,No. 22

European Communities (Amendment) Act 1993

1993,No. 25

European Parliament Elections Act 1997

1997,No. 2

Houses of the Oireachtas Commission Act 2003

2003,No. 28

Intoxicating Liquor Act 2003

2003,No. 31

Local Government Act 2001

2001,No. 37

Maritime Safety Act 2005

2005,No. 11

Mercantile Marine Act 1955

1955,No. 29

Police (Property) Act 1897

60 & 61 Vic. c. 30.

Postal and Telecommunications Services Act 1983

1983,No. 24

Prohibition of Incitement to Hatred Act 1989

1989,No. 19

Radio and Television Act 1988

1988,No. 20

Referendum Act 1998

1998,No. 1

Registration of Clubs (Ireland) Act 1904

4 Edw. 7, c. 9

Road Traffic Act 1961

1961,No. 24

Wireless Telegraphy Act 1926

1926,No. 45

Wireless Telegraphy Act 1972

1972,No. 5

Wireless Telegraphy Acts 1926 to 1988

Wireless Telegraph Act 1956

1956,No. 4

Number

2009

BROADCASTING ACT 2009

REVISED

Updated to 12 June 2026

AN ACT TO REVISE THE LAW RELATING TO BROADCASTING SERVICES AND CONTENT AND FOR THAT

PURPOSE TO ESTABLISH AN AUTHORITY TO BE KNOWN AS, IN THE ENGLISH LANGUAGE, THE BROADCASTING

AUTHORITY OF IRELAND OR, IN THE IRISH LANGUAGE, ÚDARÁS CRAOLACHÁIN NA hÉIREANN, TO DISSOLVE THE BROADCASTING COMMISSION OF IRELAND AND THE BROADCASTING COMPLAINTS

COMMISSION, TO AMEND AND REPEAL CERTAIN ENACTMENTS RELATING TO BROADCASTING, TO PROVIDE

FOR MATTERS RELATING TO TELEVISION LICENCES, TO PROVIDE FOR THE REGULATION AND PROVISION

OF TELECOMMUNICATIONS SERVICES AND TO PROVIDE FOR CONNECTED MATTERS.

[12

th July

, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

Functions transferred and

references to Broadcasting Authority of Ireland ("Authority") construed as

Coimisiún na Meán ("Commission") (15.03.2023, establishment day) by

Online

Safety and Media Regulation Act 2022

(41/2022), s. 60, S.I. Nos. 71, 72 of

2023.

Transfer of functions

60.

(1) On the

establishment day all functions that immediately before the establishment day were

vested in the Authority or the statutory committees are transferred to the

Commission.

(2) Unless otherwise provided,

references to the Authority, or to the Broadcasting Commission of Ireland, in any

Act of the Oireachtas passed before the establishment day, other than this Act, or

in any instrument made before that day under an Act of the Oireachtas shall, on

and after that day, be construed as references to the Commission.

(3) Unless otherwise provided,

references to the Contract Awards Committee or the Compliance Committee in any Act

of the Oireachtas passed before the establishment day, other than this Act, or in

an instrument made before that day under an Act of the Oireachtas shall, on and

after that day, be construed as references to the Commission.

Name of Department

and title of Minister changed from Communications, Energy and Natural Resources to

Communications, Climate Action and Environment (23.07.2016) by

Communications,

Energy and Natural Resources (Alteration of Name of Department and Title of

Minister) Order 2016

(S.I. No. 421 of 2016). Functions transferred and

references to Department of and Minister for Communications, Climate Action and

Environment construed (23.09.2020) by

Broadcasting (Transfer of Departmental

Administration and Ministerial Functions) Order 2020

(S.I. No. 372 of

2020), arts. 2 and 3 and sch. part 1, in operation as per art. 1(2), subject to

transitional provisions in arts. 4-8. Note change of Department's name and

Minister's title from Culture, Heritage and the Gaeltacht to Tourism, Culture,

Arts, Gaeltacht, Sport and Media (30.09.2020) by

Culture, Heritage and the

Gaeltacht (Alteration of Name of Department and Title of Minister) Order

2020

(S.I. No. 403 of 2020), in operation as per art. 1(2)..

2. (1) The administration

and business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of Culture,

Heritage and the Gaeltacht.

(2) References to the

Department of Communications, Climate Action and Environment contained in any Act

or any instrument made under an Act and relating to the administration and

business transferred by paragraph (1) shall, from the commencement of this Order,

be construed as references to the Department of Culture, Heritage and the

Gaeltacht.

3. (1) The functions vested

in the Minister for Communications, Climate Action and Environment -

(

) by or under any

of the Acts specified in Part 1 of the Schedule, and

(

) under the

instruments specified in Part 2 of the Schedule,

are transferred to the

Minister for Culture, Heritage and the Gaeltacht.

(2) References to the Minister for

Communications, Climate Action and Environment contained in any Act or instrument

made under an Act and relating to any functions transferred by this Article shall,

from the commencement of this Order, be construed as references to the Minister

for Culture, Heritage and the Gaeltacht.

SCHEDULE

Part 1

Article 3(1)(a)

...

Broadcasting Act 2009 (No. 18 of

2009), other than section 184

...

Application of collectively cited

Wireless Telegraphy Acts

restricted (6.06.2016) by

European Union (Radio Equipment) Regulations 2017

(S.I. No. 248 of 2017), reg. 46(2).

Application of the Wireless Telegraphy Act, 1926

46. (1) Notwithstanding section 3 (1) of the Wireless Telegraphy Act, 1926, a person

shall not be required to hold a licence under that Act to keep or have in his or her

possession any apparatus for wireless telegraphy solely for the purpose of placing

that apparatus on the market, within the meaning of the Directive.

(2) Nothing in the Wireless Telegraphy Acts, 1926 to 1988, shall operate to restrict

or prevent any person from working or using an apparatus for wireless telegraphy,

which is lawfully in their possession, or which is otherwise in compliance with the

licensing requirements of those Acts for its intended purpose where it complies with

the provisions of the Directive, save where such restriction or prevention is related

to the effective and appropriate use of the radio frequency spectrum, avoidance of

harmful interference or matters relating to public health.

Functions transferred and references to “Department of

Finance” and “Minister for Finance” construed (29.07.2011) by

Finance (Transfer of Departmental Administration and Ministerial Functions)

Order 2011

(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in

operation as per art. 1(2), subject to transitional provisions.

2. (1) The administration and

business in connection with the performance of any functions transferred by this

Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department

of Finance contained in any Act or instrument made thereunder and relating to the

administration and business transferred by paragraph (1) shall, on and after the

commencement of this Order, be construed as references to the Department of Public

Expenditure and Reform.

3. The functions conferred on the

Minister for Finance by or under the provisions of —

(

) the enactments

specified in Schedule 1, and

(

) the statutory

instruments specified in Schedule 2,

are transferred to the Minister

for Public Expenditure and Reform.

...

5. References to the Minister for

Finance contained in any Act or instrument under an Act and relating to any

functions transferred by this Order shall, from the commencement of this Order, be

construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

...

No. 18 of 2009

...

Broadcasting Act 2009

...

Sections 10, 17(2), 34, 36(3), 37, 55(7), 61(4), 67(10), 69(13), 97, 104, 122(3),

123, 144(3), 149(5), 156 and 159

...

Functions transferred and references to “Minister” and “Department of Finance” construed (6.07.2011) by

Ministers and Secretaries (Amendment) Act 2011

(10/2011), ss. 7, 9, 11, 15, 20 and sch. 2 part 1, commenced as per s. 1(2).

Department of Public Expenditure and Reform

.— (1) There shall stand established on the appointed day a Department of State to be

known, in the Irish language, as an Roinn Caiteachais Phoiblí agus Athchóirithe or,

in the English language, as the Department of Public Expenditure and Reform.

(2) The member of the Government who is in charge of the Department of Public Expenditure

and Reform—

(

) shall be known,

in the Irish language, as an tAire Caiteachais Phoiblí agus Athchóirithe or, in

the English language, as the Minister for Public Expenditure and Reform, and

(

) is, in this

Act, referred to as the “Minister”.

...

Transfer of certain other

functions to Minister

.— ...

(2) The functions conferred on the Minister for Finance by or under any of the provisions

specified in Part 1 of Schedule 2 are transferred to the Minister.

...

Transfer of administration and business of Department of Finance

.— (1) The administration and business in connection with the performance of the functions

transferred by sections 8 and 9 are hereby transferred to the Department of Public

Expenditure and Reform.

(2) References to the Department of Finance contained in any statute or instrument

under a statute in so far as they relate to the administration and business transferred

by subsection (1) shall, from the appointed day, be construed as references to the

Department of Public Expenditure and Reform.

...

Construction of

references

.— (1) References to the Minister for Finance contained in any statute or instrument

under a statute in so far as they relate to any function transferred by this Act shall,

from the appointed day, be construed as references to the Minister.

...

Performance of certain

functions transferred to Minister by section 9.

.— (1) The Minister shall not perform a function transferred by subsection (2) of section

9 without the consent of the Minister for Finance.

...

SCHEDULE 2

Functions Transferred To Minister

...

PART 1

Functions performable with consent of Minister for Finance

STATUTES

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

No. 18 of 2009

Broadcasting Act 2009

Sections 35 and 107