IE-2002-act-20 — Communications Regulation Act 2002 | Law Reform

PART 1 Preliminary and General 1. —This Act may be cited as the Communications Regulation Act, 2002 . 2. —(1) In this Act, except where the context otherwise requires— “Act of 1972” means European Communities Act, 1972; “Act of 1996” means Telecommunications (Miscellaneous Provisions) Act, 1996; F1 [ “ Agency ” means the National Consumer Agency established by the Consumer Protection Act 2007 ; ] F2 [ “ associate ” , in relation to an undertaking, means — ( a ) a holding company of the undertaking, or ( b ) a subsidiary company of the undertaking, or ( c ) a company that is a subsidiary of a body corporate, if the undertaking is also a subsidiary of the body, but neither company is a subsidiary of the other, or ( d ) a body corporate that is not a subsidiary of the undertaking but in respect of which the undertaking is beneficially entitled to more than 20 per cent of the nominal value of either — (i) the allotted share capital of the body, or (ii) the shares carrying voting rights (other than voting rights which arise only in specified circumstances) of the body, or ( e ) a partnership or joint venture in which the undertaking has a financial interest; ] F3 [ "associated facilities" means associated services, physical infrastructures and other facilities or elements associated with an electronic communications network or an electronic communications service which enable or support the provision of services via that network or service, or have the potential to do so, and include buildings or entries to buildings, building wiring, antennae, towers and other supporting constructions, ducts, conduits, masts, manholes, and cabinets; ] F4 [ "associated service" means a service associated with an electronic communications network or an electronic communications service which enables or supports the provision, self-provision or automated-provision of services via that network or service, or has the potential to do so, and includes number translation or systems offering equivalent functionality, conditional access systems and electronic programme guides (EPGs), as well as other services such as identity, location and presence service; ] F2 [ “ association of undertakings ” a body corporate that comprises one or more undertakings but is not itself an undertaking; ] “Civil Service” has the meaning assigned to it by the Civil Service Regulation Act, 1956 ; “Commission” means the Commission for Communications Regulation established by Part 2 ; “Commissioner” means a member of the Commission; “Community” means European Communities; F5 [ “ conditional access systems ” means any technical measure, authentication system or arrangement or both whereby access to a protected radio or television broadcasting service in intelligible form is made conditional upon subscription or another form of prior individual authorisation; ] “Director” means the Director of Telecommunications Regulation appointed under the Act of 1996 and, where the context so admits, includes the Office of the Director of Telecommunications Regulation; F6 [ "Electronic Communications Code Regulations" means European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022); ] “electronic communications market” means electronic communications networks, electronic communications services and associated facilities; F3 [ "electronic communications network" means transmission systems, whether or not based on a permanent infrastructure or centralised administration capacity, and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit-and packet-switched, including internet) and mobile networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed; ] F3 [ "electronic communications service" means a service normally provided for remuneration via electronic communications networks, which encompasses, with the exception of services providing, or exercising editorial control over, content transmitted using electronic communications networks and services, the following types of services: ( a ) "internet access service" as defined in point (2) of the second paragraph of Article 2 of Regulation (EU) 2015/2120 of 25 November 2015 7 , ( b ) interpersonal communications service, and ( c ) services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine to machine services and for broadcasting ] F3 [ "end-user" means a user not providing public electronic communications network or publicly available electronic communications services; ] F4 [ "end-user of premium rate services" means a person to whom such a service is supplied, or who has asked for the supply of such a service otherwise than for the purpose of resupply; ] “essential requirements” has the meaning assigned to it by Article 2 of Directive 97/13/EC of 10 April 1997 3 ; “establishment day” means the day appointed under section 4 to be the establishment day for the purposes of this Act; F2 [ “ failure to comply ” includes contravene; “ financial year ” , in relation to the Commission, means the financial year of the Commission as specified in or in accordance with section 31A ; ] F4 [ "interpersonal communications service" means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient and does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service; ] F7 [ “ Minister ” means Minister for Communications, Energy and Natural Resources; ] “Office” means Office of the Director of Telecommunications Regulation; F8 [ “ postal services ” has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011; ] F9 [ “ postal service provider ” has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011; “ postal service user ” has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011; “ postal service within the scope of the universal postal service ” has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011; ] F10 [ “ premium rate service ” has the meaning assigned to it by the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010; “ premium rate service licence ” means a licence granted under section 6 of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 to provide premium rate services; “ premium rate service provider ” has the meaning assigned to it by the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010; ] “prescribed” means prescribed by regulations made by the Minister; F2 [ “ related enactment ” means — ( a ) an enactment specified in Part 1 of Schedule 1 , or ( b ) a statutory instrument specified in Part 2 of that Schedule, or ( c ) a statutory instrument made by the Minister for the purpose of giving effect to an act of an institution of the European Communities relating to — (i) the provision of an electronic communications service, an electronic communications network or associated facility, or (ii) the radio frequency spectrum or national numbering resource, or (iii) a postal service, or ( d ) a statutory instrument made by the Commission under an Act specified in Part 1 of Schedule 1 , or ( e ) any Act or statutory instrument declared by a provision of another Act or statutory instrument to be a related enactment for the purposes of this Act; ] “superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death; F11 [ “ television set ” has the meaning assigned to it by section 140 of the Broadcasting Act 2009; ] F2 [ “ this Act ” includes all statutory instruments made under this Act; ] “transferred function” means a function transferred to the Commission under section 9 ; “undertaking” means a provider of electronic communications networks or services or associated facilities; F12 [ “ universal postal service ” has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011; ] “user” means a natural or legal person using or requesting a publicly available electronic communications service. (2)— F13 [ … ] 3. —(1) Other than an order under section 4 , every order or regulation made under this Act by the Minister or the Minister for the Environment and Local Government shall be laid before each of the Houses of the Oireachtas as soon as practicable after it is made. (2) Either House of the Oireachtas may, by resolution passed within 21 sitting days after the day on which an order or a regulation was laid before it in accordance with subsection (1) , annul the order or regulation. (3) The annulment of an order or regulation under this section takes effect immediately on the passing of the resolution concerned, but does not affect anything that was F14 [ done under the order or regulation ] before the passing of the resolution. 4. —The Minister shall by order appoint a day to be the establishment day for the purposes of this Act. 5. —The expenses incurred by the Minister and the Minister for the Environment and Local Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PART 2 Commission for Communications Regulation 6. —(1) On the establishment day there is established a body to be known as the Commission for Communications Regulation or, in the Irish language, An Coimisiún um Rialáil Cumarsáide, which shall perform the functions conferred on it by or under this Act. (2) The Commission shall be a body corporate with perpetual succession and a seal and power— ( a ) to sue and be used in its corporate name, ( b ) to acquire, hold and dispose of land or an interest in land, and ( c ) to acquire, hold and dispose of any other property. 7. —(1) The Commission shall, as soon as may be after its establishment, provide itself with a seal. (2) The seal shall be authenticated by the signature of— ( a ) a Commissioner, or ( b ) a member of the staff of the Commission, authorised by the Commission to act in that behalf. (3) Judicial notice shall be taken of the seal of the Commission and every document— ( a ) purporting to be an instrument made by and to be sealed with the seal of the Commission, and ( b ) purporting to be authenticated in accordance with subsection (2) , shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown. 8. —On the establishment day the Office of the Director of Telecommunications Regulation is dissolved. 9. — F15 [ … ] 10. —(1) The functions of the Commission F16 [ are ] — ( a ) to ensure compliance by undertakings with obligations in relation to the supply of and access to electronic communications services, electronic communications networks and associated facilities and the transmission of such services on such networks, F17 [ ( aa ) to ensure compliance by undertakings with obligations under Regulation (EU) No. 612/2022 of the European Parliament and of the Council of 6 April 2022, ] F18 [ ( ab ) F19 [ … ] ] F20 [ ( ac ) F19 [ … ] ] F21 [ ( ad ) to closely monitor and ensure compliance by undertakings, including providers of internet access services within the meaning of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 2 , with their obligations under Articles 3, 4 and 5 of those Regulations, ] F22 [ ( ae ) to perform the tasks assigned to it under the Electronic Communications Code Regulations, ] F23 [ ( ae ) the functions of a national regulatory authority under Article 5a (inserted by Article 50 of Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 2018 3 ) of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 4 , ] F24 [ ( af ) to ensure compliance with, and to carry out the functions assigned to it by, the European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022), ] F25 [ (af) to monitor and ensure compliance by undertakings and premium rate service providers with Part 3 of the Consumer Protection Act 2007, ( ag ) to monitor and ensure compliance by undertakings and premium rate service providers with F26 [ Parts 4, 5 and 6 ] of the Consumer Rights Act 2022, ] F27 [ ( ah ) to monitor and ensure compliance with the Regulation of Artificial Intelligence Act 2026 and Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 9 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act), ] ( b ) to manage the radio frequency spectrum and the national numbering resource, in accordance with a direction under section 13 , F28 [ ( ba ) to ensure the provision of a universal postal service that meets the reasonable needs of postal service users, ] F29 [ ( bb ) to undertake a review of any consequences, including for terminal dues, of the repeal, under section 1 of the Communications Regulation (Postal Services) (Amendment) Act 2017, of section 30 of the Communications Regulation (Postal Services) Act 2011 which review shall commence immediately following the expiration of 2 years after the coming into operation of the Communications Regulation (Postal Services) (Amendment) Act 2017 and to prepare and furnish a report to the Minister of the findings of the Commission resulting from the review not later than 6 months after the commencement of the review, ] F30 [ ( c ) to monitor and ensure compliance by postal service providers with the obligations imposed on them by or under the Communications Regulation Acts 2002 to 2011 in relation to the provision of postal services, ] F31 [ ( ca ) to monitor the quality and efficiency of the emergency call answering service established under Part 6 , ] F32 [ ( cb ) to ensure compliance by premium rate service providers with their obligations in relation to the provision, content and promotion of premium rate services, ] F33 [ ( d ) to carry out investigations into matters relating to — (i) the supply of, and access to, electronic communications services, electronic communications networks and associated facilities and the transmissions of such services on such networks, and (ii) the provision, content and promotion of premium rate services, ] F34 [ ( da ) for the purpose of contributing to an open and competitive market and also for statistical purposes, to collect, compile, extract, disseminate and publish information from undertakings relating to the provision of electronic communications services, electronic communications networks and associated facilities and the transmission of such services F35 [ on those networks ] ] ( e ) to ensure compliance, as appropriate, by persons in relation to the placing on the market of communications equipment and the placing on the market and putting into service F35 [ of radio equipment, and ] F24 [ ( f ) to advise the Minister, when requested by him or her, on matters relating to the electronic communications market and matters relating to the functions of the Commission. ] F36 [ F37 [ (1A) The functions of the Competition and Consumer Protection Commission specified in subsection (1B) are (in so far as they relate to the provision of electronic communications networks, electronic communications services, associated facilities and premium rate services) also functions of the Commission for Communications Regulation, and subsections (1B) to (1E) have effect for the purposes of this subsection. ] F37 [ (1B) The functions of the Competition and Consumer Protection Commission referred to in subsection (1A) are the functions of that Commission under— (a) sections 71 to 73, 75, 77, 80 to 82, 85 to 88 and 90 of the Consumer Protection Act 2007 in relation to Part 3 of that Act, (b) sections 71 to 73, 75, 77, 80, 85 to 88 and 90 of the Consumer Protection Act 2007 in relation to Parts 4 and 5 of the Consumer Rights Act 2022, and (c) sections 73, 75, 77, 80, 85 to 87 and 90 of the Consumer Protection Act 2007 in relation to Part 6 of the Consumer Rights Act 2022. ] (1C) Subsection (1A) operates to vest in the Commission, concurrently with the vesting in the Agency of those functions by the Consumer Protection Act 2007 , the functions specified in subsection (1B) . (1D) Accordingly — ( a ) functions so specified are, subject to any relevant co-operation agreement entered into under section 21 of the Consumer Protection Act 2007 , capable of being performed by either the Agency or the Commission, and ( b ) subject to subsection (1E) , references to the Agency in the provisions of the F37 [ Consumer Protection Act 2007 ] specified in subsection (1B) are to be read as including references to the Commission and those provisions otherwise apply. (1E) Where any section of the Consumer Protection Act 2007 specified in subsection (1B) provides for anything to be done in relation to the Agency (whether the giving of notice to it, the submitting of a thing to it or the doing of any other thing) then, if a co-operation agreement entered into under section 21 of that Act so specifies, it is sufficient compliance with the section concerned if the thing is done in relation to the Agency or the Commission as is specified in that agreement. ] F35 [ (2) The Commission may carry out an investigation referred to in subsection (1) either on its own initiative or on foot of a complaint. ] (3) The Commission shall have all such powers as are necessary for or incidental to the performance of its functions F38 [ under this or any other Act ] . (4) The Commission shall be the national regulatory authority for the purposes of Regulation No. 2887/2000 of 18 December 2000 5 of the European Parliament and of the Council on unbundled access to the local loop. F29 [ (5) (a) In carrying out the review under subsection (1)(bb) the Commission may consult with such persons as it considers appropriate. The Commission shall complete this consultation within a period of 42 days. (b) The Minister shall cause a copy of the report prepared under subsection (1)(bb) to be laid before each House of the Oireachtas as soon as practicable after it is furnished to him or her by the Commission. (6) In subsection (1)(bb) "terminal dues" has the same meaning as it has in Part 2 of the Communications Regulation (Postal Services) Act 2011 . ] 11. — Subject to this Act, the Commission shall be independent in the exercise of its functions. 11A. — For the purposes of performing its tasks under the Electronic Communications Code Regulations the Commission shall act objectively in a transparent manner and be accountable in accordance with the law of the European Union and shall not seek or take instructions from any other body in relation to tasks assigned to it under law implementing the law of the European Union. ] 12. —(1) The objectives of the Commission in exercising its functions shall be as follows— ( a ) in relation to the provision of electronic communications networks, electronic communications services and associated facilities— (i) to promote competition, (ii) to contribute to the development of the internal market, and (iii) to promote the interests of users within the Community, ( b ) to ensure the efficient management and use of the radio frequency spectrum and numbers from the national numbering scheme in the State in accordance with a direction under section 13 , F40 [ … ] F41 [ ( c ) in relation to the provision of postal services — (i) to promote the development of the postal sector and, in particular, the availability of a universal postal service within, to and from the State at an affordable price for the benefit of all postal service users, (ii) to promote the interests of postal service users within the Community, and (iii) subject to subparagraph (i) , to facilitate the development of competition and innovation in the market for postal service provision, and ] F42 [ ( d ) to protect the interests of end users of premium rate services. ] (2) In relation to the objectives referred to in subsection (1)(a) , the Commission shall take all reasonable measures which are aimed at achieving those objectives, including— ( a ) in so far as the promotion of competition is concerned— (i) ensuring that users, including disabled users, derive maximum benefit in terms of choice, price and quality, (ii) ensuring that there is no distortion or restriction of competition in the electronic communications sector, (iii) F43 [ … ] (iv) encouraging efficient use and ensuring the effective management of radio frequencies and numbering resources, ( b ) in so far as contributing to the development of the internal market is concerned— (i) removing remaining obstacles to the provision of electronic communications networks, electronic communications services and associated facilities at Community level, (ii) encouraging the establishment and development of trans-European networks and the interoperability of transnational services and end-to-end connectivity, (iii) F43 [ … ] (iv) co-operating with electronic communications national regulatory authorities in other Member States of the Community and with the Commission of the Community in a transparent manner to ensure the development of consistent regulatory practice and the consistent application of Community law in this field, and ( c ) in so far as promotion of the interests of users within the Community is concerned— (i) ensuring that all users have access to a universal service, (ii) ensuring a high level of protection for consumers in their dealings with suppliers, in particular by ensuring the availability of simple and inexpensive dispute resolution procedures carried out by a body that is independent of the parties involved, (iii) contributing to ensuring a high level of protection of personal data and privacy, (iv) promoting the provision of clear information, in particular requiring transparency of tariffs and conditions for using publicly available electronic communications services, (v) encouraging access to the internet at reasonable cost to users, (vi) addressing the needs of specific social groups, in particular disabled users, and (vii) ensuring that the integrity and security of public communications networks are maintained. F44 [ (2A) In relation to the objectives referred to in subsection (1)( c ) , the Commission shall take all reasonable measures aimed at achieving those objectives, including — ( a ) establishing such monitoring and regulatory procedures for the purposes of ensuring compliance by postal service providers with the obligations imposed on them by or under the Communications Regulation Acts 2002 to 2011 as are necessary to secure the provision of a universal postal service, ( b ) ensuring that postal service users may avail of a universal postal service that meets their reasonable needs, ( c ) in so far as the facilitation of competition and innovation is concerned, ensuring that postal service users derive maximum benefit in terms of choice, price and quality, and ( d ) in so far as the promotion of the interests of postal service users within the Community is concerned — (i) ensuring a high level of protection for postal service users in their dealings with postal service providers, in particular by — (I) ensuring the availability of simple and inexpensive dispute resolution procedures carried out by a body that is independent of the parties involved, and (II) consulting and cooperating with the National Consumer Agency as appropriate, and (ii) addressing the needs of specific social groups, in particular, disabled postal service users. ] (3) In carrying out its functions, the Commission shall seek to ensure that measures taken by it are proportionate having regard to the objectives set out in this section. (4) In carrying out its functions, the Commission shall, without prejudice to F41 [ subsections (1), (2), (2A) and (3) ] , have regard to policy statements, published by or on behalf of the Government or a Minister of the Government and notified to the Commission, in relation to the economic and social development of the State. (5) In carrying out its functions, the Commission shall have regard to international developments with regard to electronic communications networks and electronic communications services, associated facilities, postal services, the radio frequency spectrum and numbering. (6) The Commission shall take the utmost account of the desirability that the exercise of its functions aimed at achieving the objectives referred to in subsection (1)(a) does not result in discrimination in favour of or against particular types of technology for the transmission of electronic communications services. (7) In this section, “national numbering scheme” means the scheme administered by the Commission which sets out the sequence of numbers or other characters used to route telephony traffic to specific locations. 12A. — The Minister may request the Commission to advise him or her on matters relating to the electronic communications market and matters relating to the functions of the Commission. ] 13. —(1) In the interests of the proper and effective regulation of the F46 [ electronic communications, premium rate services ] and postal markets, the management of the radio frequency spectrum in the State and the formulation of policy applicable to such proper and effective regulation and management, the Minister may give such policy directions to the Commission as he or she considers appropriate to be followed by the Commission in the exercise of its functions. The Commission shall comply with any such direction. (2) Before giving a direction under subsection (1) , the Minister shall give to the Commission and publish a draft of the proposed direction and— ( a ) give the reasons for it, and ( b ) specify the period (being not less than 21 days from giving it to the Commission or such publication, whichever is the later) within which representations relating to the proposal may be made by interested parties. (3) The Minister, having considered any representations made under subsection (2) , may give the direction under subsection (1) with or without amendment. (4) Where the Minister proposes to make a direction under subsection (1) which, in the opinion of the Minister, has or may relate to the functions of another Minister of the Government, the Minister shall not give to the Commission or publish a draft of the proposal under subsection (2) without prior consultation with that other Minister of the Government. (5) A direction under subsection (1) relating to management of the radio frequency spectrum may include directions relating to— ( a ) the allocation of particular bands of spectrum for specific categories of service, and ( b ) the means by which entitlements to use such spectrum may be assigned (including appropriate fees), and in giving such direction the Minister shall have regard to principles of good frequency management. (6) A direction under subsection (1) relating to fees referred to in subsection (5)(b) may only be given with the consent of the Minister for Finance. (7) The Minister shall not give a direction under subsection (1) in respect of— ( a ) a person— (i) who has applied for, or holds a licence or authorisation, or (ii) to whom a licence or authorisation may be, granted by the Commission, or F47 [ ( aa ) a postal service provider who is deemed to be authorised in accordance with section 38 of the Communications Regulation (Postal Services) Act 2011, or ] ( b ) the performance of the functions of the Commission in relation to F48 [ individual undertakings, postal service providers or persons ] . (8) Where the Minister gives a direction under subsection (1) , a notice of such direction and details thereof, including reasons for giving the direction, shall be published in Iris Oifigiúil . 13A. — The purpose of sections 13B and 13C is to enable the Minister to obtain information in order to formulate policies and plans to deal with emergencies and network security issues that may arise in connection with the provision of electronic communications services. ] 13B. — For the purpose specified in section 13A , the Minister may, by notice in writing, require the Commission to provide the Minister with written information concerning either or both of the following: ( a ) the technical operation or performance of electronic communications networks and infrastructures in the State; ( b ) the breakdown or malfunctioning of an electronic communications network. ] 13C. — (1) For the purpose specified in section 13A , the Minister may, by notice in writing, require an undertaking to provide the Minister with written information concerning all or any of the following: ( a ) the technical operation or performance of the undertaking ’ s electronic communications service in the context of the relevant electronic communications network; ( b ) the breakdown or malfunctioning of any part of the undertaking ’ s electronic communications service; ( c ) the operation of the undertaking in relation to electronic communications infrastructure. (2) An undertaking commits an offence if it — ( a ) fails to comply with a requirement made under subsection (1) within the period specified in the notice or within such extended period as the Minister allows, or ( b ) in purporting to comply with such a requirement, provides information to the Minister that the undertaking knows to be false or misleading. (3) In proceedings for an offence involving a failure by an undertaking to comply with a requirement made under subsection (1) , it is a defence if the undertaking establishes — ( a ) that it did not know and could not be reasonably expected to know or ascertain the required information, or ( b ) that the disclosure of the information was prohibited by a law of the State. (4) An undertaking that commits an offence under subsection (2) is liable on summary conviction to a fine not exceeding € 5,000. (5) If, after being convicted of an offence under subsection (2) or this subsection, an undertaking continues to fail to do the relevant act, the person commits a further offence on each day or part of a day during which the failure continues and is liable on summary conviction to a fine not exceeding € 1,000 for each such further offence. However, if an undertaking is tried for 6 or more such further offences that are alleged to have been committed on successive days, the maximum fine that can be imposed for those offences at the trial is € 5,000. ] F53 [ 13D. — (1) The Commission may at any time, by notice in writing, require— ( a ) an undertaking, ( b ) a person providing a service in a sector closely related to that of the provision of electronic communications networks or services or associated facilities, or ( c ) a premium rate service provider, to provide it with such written information as it considers necessary to enable it to carry out its functions or to comply with a requirement made to it by the Minister under section 13B . (2) A requirement by the Commission under subsection (1) may include a requirement that the undertaking or person concerned gather together, generate or obtain information for the purposes of providing it pursuant to that requirement. (3) Any information provided to the Commission in accordance with subsection (1) may be used by the Commission to enable it to carry out any of its functions. (4) An undertaking or person referred to in subsection (1) that— ( a ) fails to comply with a requirement made under subsection (1) within the period specified in the notice or within such extended period as the Commission allows, or ( b ) in purporting to comply with such a requirement, knowingly or grossly negligently provides misleading, erroneous or incomplete information to the Commission, commits an offence and is liable on summary conviction to a class A fine. (5) In proceedings for an offence involving a failure by an undertaking or a person referred to in subsection (1) to comply with a requirement made under subsection (1) , it is a defence if the undertaking or person establishes that— ( a ) the undertaking or person did not know and could not reasonably be expected to know, ascertain or obtain the required information, or ( b ) the disclosure of the information was prohibited by a law of the State. ] ] 13E. — (1) As an alternative to bringing a prosecution for an offence against section 13C or 13D , the Minister or the Commission may apply to the High Court to make a compliance order under subsection (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 undertaking concerned. On being served with such a copy, the undertaking 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 subsection (1) . The Court may not refuse interim or interlocutory relief merely because the Minister or Commission may not suffer damage if relief were not granted pending determination of the application. (4) On the hearing of an application made under subsection (1) , the High Court may make an order requiring the undertaking to comply with the relevant section or may refuse the application. (5) If the High Court makes an order under subsection (4) , it may make such ancillary orders as it considers appropriate. ] 13EA. (1) The Commission may, where the Minister so requests, provide the Minister with any information that the Minister considers may assist the Minister in the formulation of policy relating to electronic communications networks and services and associated facilities. (2) Where the Commission intends to provide information to the Minister under this section which was obtained by the Commission from a person who is or, at the time the information was obtained from the person, was— ( a ) an undertaking, ( b ) a person that provides, or provided, associated facilities, or ( c ) such other person referred to in section 13D(1) , the Commission shall notify the person in writing that the Commission intends to share the information with the Minister and afford the person an opportunity to make representations to it on the matter within a period of 7 days beginning on the date on which such notification is given or such further period as may be specified by the Commission. (3) The Commission may, taking into account any representations made to it under subsection (2) , identify information provided to the Minister as being confidential information. (4) Where the Minister receives information identified by the Commission as confidential information and the Minister is satisfied that such information is confidential information, he or she shall protect the confidentiality of such information. ] 13F. — (1) The Commission may at any time, by notice in writing, require a postal service provider to provide it with such written information as, subject to subsection (3) , it considers necessary to enable it to carry out its functions and, in particular, for any of the following purposes: ( a ) establishing compliance by the postal service provider with the obligations imposed on it by or under the Communications Regulation Acts 2002 to 2011 ; ( b ) making a designation under section 17 or 18 of the Communications Regulation (Postal Services) Act 2011; ( c ) conducting a review for any of the purposes of the said section 17 or 18 ; ( d ) assessing the contribution (if any) to be made by a postal service provider to a sharing mechanism established under section 36 of the Communications Regulation (Postal Services) Act 2011; ( e ) assessing the contribution to be made by a postal service provider to the administration costs of the Commission under section 30(2) ; ( f ) statistical purposes. (2) A requirement made under subsection (1) shall — ( a ) specify the information required, and ( b ) state the purposes for which that information is required, including, where relevant, the statistical purposes for which that information is required. (3) The nature and extent of the information, the subject of a requirement made under subsection (1) , shall be proportionate to the use to which the information is to be put by the Commission in the performance of its functions. (4) Information shall be provided by a postal service provider pursuant to a requirement made under subsection (1) in such form and manner and within such reasonable period as may be specified by the Commission in the notice. (5) A postal service provider commits an offence if it — ( a ) fails to comply with a requirement made under subsection (1) within the period specified in the notice or within such extended period as the Commission allows, or ( b ) in purporting to comply with such a requirement, provides to the Commission information that the postal service provider knows to be false or misleading in a material respect. (6) In proceedings for an offence under subsection (5) involving a failure by a postal service provider to comply with a requirement made under subsection (1) , it is a defence if the postal service provider establishes — ( a ) that it did not know and could not be reasonably expected to know or ascertain the required information, or ( b ) that the disclosure of the information was prohibited by any enactment or rule of law. (7) A postal service provider who commits an offence under subsection (5) is liable on summary conviction to a class A fine. (8) ( a ) The Commission shall give to the European Commission, upon request, appropriate and relevant information necessary for it to carry out its tasks under the Directive (within the meaning of section 6 of the Communications Regulation (Postal Services) Act 2011). ( b ) Nothing in section 24(1) shall prevent the disclosure of confidential information (within the meaning of section 24 ) by the Commission to the European Commission under this subsection. ] 13G. — (1) As an alternative to bringing a prosecution for an offence under section 13F(5) , the Commission may apply to the High Court to make a compliance order under subsection (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 postal service provider concerned. On being served with such a copy, the postal service provider 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 subsection (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 the hearing of an application made under subsection (1) , the High Court may make an order requiring the postal service provider to comply with section 13F or may refuse the application. (5) If the High Court makes an order under subsection (4) , it may make such ancillary orders as it considers appropriate. ] 14. —(1) The Commission shall consist of at least one member and not more than 3 members. (2) Each member of the Commission shall be known as a Commissioner for Communications Regulation and is in this Act referred to as a “Commissioner”. (3) Subject to this Act, the Commission may regulate its own procedure. 15. —(1) Each Commissioner shall be appointed— ( a ) by the Minister, and ( b ) on such terms and conditions, including remuneration, as the Minister may fix, with the consent of the Minister for Finance. (2) Subject to subsection (5) , a person shall not be appointed as a Commissioner unless the Civil Service and Local Appointments Commissioners, after holding a competition on behalf of the Commission, have selected him or her for appointment as a Commissioner. (3) A Commissioner appointed in accordance with subsection (2) shall be appointed on a full-time basis for a period of not less than 3 years and not more than 5 years. (4) Subject to subsection (5)(c) , a Commissioner shall not serve more than 2 terms of office as a Commissioner. (5) ( a ) Notwithstanding this section, the person who, immediately before the establishment day, was the Director, shall be deemed to be appointed as a Commissioner upon that day and shall, subject to paragraph (b) , stand appointed on the same terms and conditions on which she was previously retained. ( b ) Section 19 (5) applies to the Commissioner deemed appointed under paragraph (a) instead of paragraph 8 of the First Schedule to the Act of 1996. ( c ) The Commissioner deemed appointed under paragraph (a) shall, where her term of office, in accordance with that paragraph, expires by effluxion of time, be deemed to have served 2 terms as a Commissioner and, accordingly, she shall not be eligible for re-appointment as a Commissioner. 16. —(1) Where there is more than one Commissioner, the Minister shall appoint one of them to be the chairperson of the Commission (in this section referred to as “the chairperson”). (2) The Minister shall, when appointing the chairperson, with the consent of the Minister for Finance, fix the terms and conditions, including remuneration, of the chairperson. (3) The chairperson shall have a casting vote in the case of decisions to be taken by the Commission in the event of a tied vote. (4) In circumstances where the chairperson is unavailable to perform his or her duties, the Minister shall appoint an acting chairperson to assume the duties of chairperson of the Commission for a stated period not exceeding 6 months. The acting chairperson shall be an existing Commissioner. 17. —The Commission shall, where there is not more than one Commissioner appointed under section 15 , designate a member of its staff as a deputy member of the Commission (“deputy commissioner”) who shall assume and carry out with the authority of the Commission all of the functions of the Commission in the absence of the Commissioner. 18. —(1) A Commissioner may resign by giving notice in writing to the Minister of his or her intention to resign and any such resignation shall take effect as of the date upon which the Minister shall have received notice of the resignation. (2) A Commissioner may be removed from office by the Minister— ( a ) if, in his or her opinion, the Commissioner has become incapable through ill health of effectively performing his or her duties, or ( b ) for stated misbehaviour. (3) In removing a Commissioner, the Minister shall give a statement of the reason or reasons for the removal to the Commissioner and the statement of reasons shall be laid before each House of the Oireachtas. 19. —(1) A Commissioner shall be deemed to have vacated his or her office where he or she— ( a ) is nominated as a member of Seanad Éireann, or ( b ) is nominated as a candidate for election as a member of Dáil Éireann, Seanad Éireann or to the European Parliament, or is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to the European Parliament to fill a vacancy. (2) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit in either House or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming a Commissioner. (3) ( a ) A person who is a member of a local authority shall be disqualified from becoming a Commissioner. ( b ) A Commissioner shall be deemed to have vacated his or her office where he or she becomes a member of a local authority. (4) A Commissioner shall not hold any other office or employment in respect of which emoluments are payable. (5) ( a ) For a period of 12 months after a Commissioner has ceased to be a Commissioner, such Commissioner shall not accept any office, consultancy or employment where, in the course of such office, consultancy or employment, the Commissioner could or might use or disclose any confidential information acquired by him or her in the exercise of his or her functions under this Act. ( b ) Notwithstanding paragraph (a) , a person who has held the Office of Director or who was a Commissioner shall not be precluded from— (i) holding office, or engagement in, any employment in the civil service or any statutory regulatory body, or (ii) acting as a consultant to any Minister of the Government, on the basis that the period referred to in that paragraph has not expired. 20. —(1) Every person who immediately before the establishment day is a member of the staff of the Director shall on that day become a member of the staff of the Commission. (2) ( a ) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall not, while in the service of the Commission, be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the establishment day. ( b ) In this subsection, “recognised trade union or staff association” means a trade union or staff association recognised by the Commission for the purposes of negotiations which are concerned with the remuneration or conditions of employment or the working conditions of employees. (3) The Commission may— ( a ) with the consent of the Minister and the Minister for Finance, determine the number, grading, remuneration and other conditions of service of staff to be appointed to the Office of the Commission, and ( b ) appoint to be members of the staff of the Commission such persons as the Commission may determine from time to time. (4) Where a member of the staff of the Commission has previous service in the civil service, such service shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1991, the Minimum Notice and Terms of Employment Acts, 1973 and 1994, the Unfair Dismissals Acts, 1977 to 1993, the Worker Protection (Regular Part-Time Employees) Act, 1991 , and the Organisation of Working Time Act, 1997 . 21. —The exercise of functions of the Commission may be carried out by or through any member of the staff or authorised officer of the Commission as the Commission shall deem proper. 22. —(1) The Commission may, from time to time, engage such consultants or advisers as it may consider necessary to assist it in the discharge of its functions. (2) Any fees due to a consultant or adviser engaged under this section shall form part of the expenses of the Commission. 23. —(1) Where a person employed by the Commission is— ( a ) nominated as a member of Seanad Éireann, ( b ) elected as a member of either House of the Oireachtas or to the European Parliament, or ( c ) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to the European Parliament to fill a vacancy, he or she shall upon that happening stand seconded from his or her employment by the Commission and shall not be paid by, or be entitled to receive from, the Commission remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected, as the case may be, and ending when he or she ceases to be a member of either House or such Parliament. (2) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit in either House or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming a member of the staff of the Commission. (3) Without prejudice to the generality of subsection (1) , that subsection shall be read as prohibiting, among other things, the reckoning of a period mentioned in that subsection as service with the Commission for the purposes of any superannuation benefits. 24. —(1) Except where otherwise provided by law, a person shall not disclose confidential information obtained by him or her while performing duties as a Commissioner, member of the staff of, or an adviser or consultant to, or as an authorised officer of, or as an agent of the Commission, unless he or she is duly authorised by the Commission to do so. (2) In this section, “confidential information” includes information that is expressed by the Commission to be confidential either as regards particular information or as regards information of a particular class or description. (3) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000. (4) Nothing in subsection (1) shall prevent the disclosure of information in a report made to the Commission or by or on behalf of the Commission to the Minister. (5) The Freedom of Information Act, 1997 , is amended at the end of Part 1 of the Third Schedule by inserting the following: ( a ) “Communications Regulation Act, 2002” in column (2), and ( b ) “ Section 24 ” in column (3). 24A. — (1) A person who makes an appropriate disclosure of information to the Commission about the conduct of F59 [ an undertaking, an associate of an undertaking, an association of undertakings or a postal service provider ] incurs no civil or criminal liability for having done so. (2) For the purpose of subsection (1) , a person makes an appropriate disclosure of information about the conduct of F60 [ an undertaking, an associate of an undertaking, an association of undertakings or a postal service provider ] only if — F61 [ ( a ) the conduct relates to the provision of — (i) an electronic communications network or service or an associated facility, or (ii) a postal service, and ] ( b ) the person — (i) believes on reasonable grounds that the information is true, or (ii) not being able to form a belief on reasonable grounds about the truth of the information, believes on reasonable grounds that the information may be true and to be of sufficient significance to justify its disclosure with a view to enabling its truth to be investigated by the Commission or by a law enforcement authority that has a legitimate interest in receiving the information (such as the Garda S í och á na). F62 [ (2A) Subsection (1) does not apply where the disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014. ] (3) The Commission may not divulge the identity of a person who has made an appropriate disclosure to it without first obtaining the person ’ s consent, except in so far as it may be necessary to ensure proper investigation of the matters to which the disclosure relates. This subsection applies despite any other enactment or rule of common law to the contrary. (4) If a person has made an appropriate disclosure to the Commission, the Commission shall, so far as practicable and in accordance with the law, notify the person of the outcome of any investigation into the matters to which the disclosure relates. (5) The Commission may decline to accept or deal with a disclosure of information made to it by a person about the conduct of F63 [ an undertaking, an associate of an undertaking, an association of undertakings or a postal service provider ] if it is satisfied on reasonable grounds that the information is false or misleading or that the disclosure is frivolous or vexatious. ] F65 [ 24B. — (1) If an undertaking, an associate of an undertaking, an association of undertakings or a postal service provider causes detriment to a person because the person or a third person has made, or threatened to make, an appropriate disclosure of information to the Commission or a law enforcement authority (such as the Garda S í och á na) about the conduct of the undertaking, the associate, the association or the postal service provider, the person has a right of action in tort against the undertaking, associate, association or postal service provider, as the case may be. ] F66 [ (1A) Subsection (1) does not apply where the disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014. ] (2) In this section, "detriment" includes — ( a ) injury, damage or loss, or ( b ) intimidation or harassment, or ( c ) discrimination, disadvantage or adverse treatment in relation to a person ’ s employment, or ( d ) a threat of reprisal. ] 24C. — F68 [ (1) ] A person who makes a disclosure of information about the conduct of F69 [ an undertaking, an associate of an undertaking, an association of undertakings or a postal service provider ] , knowing the information to be false or misleading commits an offence and is liable — ( a ) on conviction on indictment, to a fine not exceeding € 50,000, or ( b ) on summary conviction, to a fine not exceeding € 5,000. ] F68 [ (2) Subsection (1) does not apply where the disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014. ] 25. —(1) Where a Commissioner, a member of the staff of the Commission, or a consultant, adviser or other person engaged by the Commission, has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Commission, he or she— ( a ) shall disclose to the Commission or, where the disclosure is required of a Commissioner and he or she is the only Commissioner, disclose to the Minister, the nature of his or her interest in advance of any consideration of the matter, ( b ) shall neither influence nor seek to influence a decision in relation to the matter, ( c ) shall take no part in any consideration of the matter, unless there are compelling reasons requiring him or her to do so, ( d ) if a Commissioner, (i) shall withdraw from a meeting of the Commission for so long as the matter is being discussed or considered by the Commission, unless there are compelling reasons requiring him or her not to so withdraw, and (ii) shall not vote or otherwise act in relation to the matter, and ( e ) shall prepare and furnish to the Commission a statement in writing of the compelling reasons aforesaid. (2) For the purposes of this section but without prejudice to the generality of subsection (1) , a person shall be regarded as having a beneficial interest if— ( a ) he or she or any nominee of his or her is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection, ( b ) he or she is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter, or ( c ) he or she is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates. (3) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or material to, any matter, by reason only of an interest of his or hers or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter. (4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him or her to comply with the requirements of subsection (1) , the question shall be determined by the Commission or, where there is only one Commissioner, in the case of that Commissioner, by the Minister. (5) Where a disclosure is made to the Commission, particulars of the disclosure shall be recorded in the minutes of any meeting concerned. (6) Where a person, other than a Commissioner, referred to in this section fails to make a disclosure in accordance with this section, the Commission shall decide the appropriate action (including removal from office or termination of contract) to be taken. (7) Where a Commissioner fails to make a disclosure in accordance with this section, the Minister shall decide the appropriate action (including removal from office) to be taken. 26. —(1) Subject to subsection (7) , the Minister may, with the consent of the Minster for Finance, make a scheme or schemes for— ( a ) the granting of superannuation benefits to or in respect of a Commissioner ceasing to hold office, or ( b ) the making of contributions to a pension scheme approved of by the Minister with the consent of the Minister for Finance which has been entered into by a Commissioner. (2) The Minister may, with the consent of the Minister for Finance, make a scheme amending or revoking a scheme under subsection (1) , including a scheme amended under this subsection. (3) If any dispute arises as to the claim of a Commissioner to, or the amount of, any superannuation benefit payable in pursuance of a scheme under subsection (1) , such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance for determination by him or her. (4) A scheme under subsection (1) shall be carried out by the Minister in accordance with its terms. (5) No superannuation benefit shall be granted by the Minister to or in respect of any Commissioner ceasing to hold office otherwise than— ( a ) in accordance with a scheme under subsection (1) , or ( b ) as may be approved of by the Minister with the consent of the Minister for Finance under subsection (1) . (6) ( a ) A scheme under subsection (1) shall be laid before each House of the Oireachtas by the Minister as soon as may be after it is made. ( b ) Either House of the Oireachtas may, by resolution passed within 21 sitting days after the day on which the scheme was laid before it in accordance with paragraph (a) , annul the scheme. ( c ) The annulment of scheme under subsection (1) takes effect immediately on the passing of the resolution concerned but does not affect anything that was done under the scheme before the passing of the resolution. (7) Subsection (1) does not apply to the Commissioner deemed appointed under section 15 (5)(a) . F70 [ (8) In the case of the Commissioner deemed appointed under section 15(15)( a ) , she may, on ceasing to hold office, receive such superannuation benefits as may be determined by the Minister, with the consent of the Minister for Finance, up to but not exceeding those that would have been payable to her under the Superannuation Acts 1834 to 1963 and the Superannuation and Pensions Act 1976 had such cessation been from an established position in the civil service to which those Acts apply. ] 27. —(1) The Commission may prepare and