← Ireland

Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023

In short

This law amends existing legislation concerning communications regulation and the Digital Hub Development Agency. It primarily focuses on enhancing the security of communication networks and services, protecting consumers, and improving the resolution of complaints and disputes.

What it regulates

Who it concerns

Key points

Legal text

Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

  1. ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2023 Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 4 of 2023 COMMUNICATIONS REGULATION AND DIGITAL HUB DEVELOPMENT AGENCY (AMENDMENT) ACT 2023 CONTENTS PART 1 Preliminary and General Section 1. Short title, collective citation, construction and commencement 2. Interpretation 3. Regulations 4. Exercise of powers of authorised officers for purposes of Act PART 2 Security of Networks and Services 5. Interpretation (Part 2) 6. Obligation on providers to take measures to manage risk 7. Security measures guidelines 8. Courts, etc. to have regard to security measures guidelines 9. Commission to have regard to security measures guidelines in connection with carrying out functions 10. Adjudicator to have regard to security measures guidelines in connection with carrying out functions 11. Providers to notify Commission of any incident of significant impact on networks or services 12. Providers to notify users of particular and significant threat of security incident 13. Commission to seek to ensure compliance by providers with Part 2 14. Power of Commission to serve security measures directions 15. Security audits 16. Assistance and information sharing 17. Appeal of decisions, etc. under Part 2, Part 4 or Code Regulations 18. Appeal to Court of Appeal from decision under section 17 PART 3 Security measures in respect of certain vendors 19. Interpretation (Part 3) 20. Critical components 21. Minister to assess likelihood of vendor being subjected to interference by third country 22. Assessment as relevant vendor 23. Minister may consult for the purposes of assessments under this Part 24. Obligation to provide information for the purposes of assessments under this Part 25. Relevant vendor measures 26. Confidentiality of relevant vendor notice 27. Consultation before taking measures under section 25 28. Appeal of relevant vendor measure 29. Material not publicly available that relates to security of the State 30. Hearing of appeal of relevant vendor measure other than in public 31. Appeal to Court of Appeal from decision under section 28 32. Commission to report to Minister on this Part 33. Commission to monitor providers’ compliance with relevant vendor measures 34. Review of operation of Part PART 4 Measures to assist consumers and other end-users 35. Interpretation (Part 4) 36. Commission may require publication of information on quality of service 37. Minimum quality-of-service standards 38. Customer charters 39. End-user compensation PART 5 Resolution of complaints and disputes 40. Interpretation (Part 5) 41. Procedures for handling complaints and resolution of disputes 42. Handling of complaints and resolution of disputes to be provided for in code of practice 43. Provider to report on end-user complaints 44. Commission may require information regarding end-user complaints 45. Notification to end-user of right to refer dispute to Commission 46. Commission may require provider to comply with code of practice 47. Resolution of relevant disputes by Commission 48. Procedure for resolution of disputes by Commission 49. Direction 50. Disputes involving parties in more than one Member State 51. Remuneration and expenses of person appointed by Commission to carry out dispute resolution process 52. Enforcement 53. Commission to be listed as alternative dispute resolution entity 54. Procedure under this Part without prejudice to other remedies 55. Application of Universal Service Regulations to certain disputes 56. Continuation of measures under Universal Services Regulations PART 6 Interim Measures 57. Urgent interim measures 58. Imposition of urgent interim measures by High Court PART 7 Administrative Sanctions Chapter 1 Interpretation and application of Part 7 59. Interpretation (Part 7) 60. Regulatory provisions and power of Minister to apply Part to certain breaches 61. Application of Part Chapter 2 Preliminary procedure 62. Power of Commission to resolve suspected regulatory breach, etc. 63. Notice of suspected non-compliance 64. Supplementary notice of suspected non-compliance 65. Commission may revoke notice of suspected non-compliance, etc. 66. Commission may publish notice of suspected non-compliance, etc. 67. Commitments 68. Settlements 69. Actions by authorised officer following investigation 70. Referral report 71. Referral of matter by authorised officer to adjudicator for adjudication 72. Withdrawal by Commission of matter referred to adjudicator 73. Power of Commission to share certain documents 74. Regulations and rules relating to referrals to adjudicator Chapter 3 Adjudicators 75. Nomination of adjudicators 76. Appointment of adjudicators 77. Independence of adjudicators 78. Regulations to ensure independence of adjudicators 79. Adjudicators may sit together 80. Regulations in relation to adjudicators 81. Assistants to adjudicators 82. Effect of appointment as adjudicator on terms of employment or contract with Commission Chapter 4 Procedure following referral to adjudicator 83. Notification by adjudicator following referral 84. Actions following referral under section 68

(3)(c)
  1. Actions following referral under section 71
  2. Admissibility of evidence and rules for oral hearings conducted by adjudicators
  3. Powers of adjudicators and offences
  4. Orders for costs in proceedings before adjudicator
  5. Regulations in relation to proceedings before adjudicator
  6. Decision of adjudicator in relation to breach
  7. Decision of adjudicator in relation to administrative sanction
  8. Adjudication to take effect when confirmed by High Court
  9. Notice of adjudication Chapter 5 Imposition of administrative sanctions
  10. Requirement to pay financial penalty
  11. Requirement to pay refund
  12. Requirement to pay compensation
  13. Suspension or withdrawal of authorisation or rights of use
  14. Guidelines
  15. Regulations in relation to certain matters Chapter 6 Admissibility of certain evidence
  16. Admissibility of evidence before Commission Chapter 7 Restrictions on disclosure of certain information
  17. Restrictions on disclosure of certain information
  18. Confidentiality rings Chapter 8 Appeals, confirmation and judicial review of certain decisions
  19. Interpretation (Chapter 8 of Part 7)
  20. Decisions reviewable only by appeal under this Chapter
  21. Appeal against urgent interim measures notice
  22. Appeal against adjudication
  23. Conduct of appeals
  24. Orders for costs by Court on appeal
  25. Court confirmation of adjudication
  26. Publication of adjudication
  27. Adjudicator may refer question of law to Court
  28. Judicial review
  29. Appeals to Court of Appeal
  30. Treatment of amounts paid to Commission pursuant to Part 7
  31. Non-applicability of limitation periods to certain actions
  32. Commission to collect information relating to appeals and decisions to grant interim measures Chapter 9 Revocation, transitional provisions and consequential amendments
  33. Transitional provision where certain notifications have been given PART 8 Amendment of Code Regulations
  34. Amendment of Code Regulations PART 9 Miscellaneous Amendments to Principal Act
  35. Amendment of section 2 of Principal Act
  36. Amendment of section 10 of Principal Act
  37. Power of Minister to request advice from Commission
  38. Power of Commission to obtain information
  39. Power of Commission to share information with Minister
  40. Amendment of section 39 of Principal Act
  41. Amendment of section 40 of Principal Act
  42. Amendment of section 43 of Principal Act
  43. Undertaking not to overcharge or charge for services not supplied
  44. Commission may apply to High Court for order to restrain certain repeated or apprehended contraventions
  45. Amendment of section 46B
(1)of Principal Act
  1. Amendment of section 46D of Principal Act
  2. Amendment of section 57A of Principal Act
  3. Service of notices
  4. Miscellaneous amendments to Principal Act
  5. Amendment to Part 2 of Schedule 1 to Principal Act PART 10 Amendments to Digital Hub Development Agency Act 2003
  6. Amendment of Digital Hub Development Agency Act 2003 PART 11 Amendment to Postal and Telecommunications Services Act 1983
  7. Financing for the purposes of maintaining post office network and countering consequences of Brexit Acts Referred to Broadcasting Act 2009 (No. 18) Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (No. 13) Communications Regulation (Amendment) Act 2007 (No. 22) Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (No. 2) Communications Regulation Act 2002 (No. 20) Communications Regulation Acts 2002 to 2017 Companies Act 2014 (No. 38) Competition (Amendment) Act 2022 (No. 12) Competition Act 2002 (No. 14) Consumer Rights Act 2022 (No. 37) Defence Act 1954 (No. 18) Digital Hub Development Agency Act 2003 (No. 23) European Communities Act 1972 (No. 27) Freedom of Information Act 2014 (No. 30) Local Government Act 2001 (No. 37) Postal and Telecommunications Services Act 1983 (No. 24) Probation of Offenders Act 1907 (7 Edw. 7 c. 17) Statute of Limitations (Amendment) Act 1991 (No. 18) Statute of Limitations 1957 (No. 6) Wireless Telegraphy Act 1926 (No. 45) Number 4 of 2023 COMMUNICATIONS REGULATION AND DIGITAL HUB DEVELOPMENT AGENCY (AMENDMENT) ACT 2023 An Act to give effect to certain provisions of Directive 2018/1972 of the European Parliament and of the Council of 11 December 2018 1 establishing the European Electronic Communications Code; to provide that providers of public electronic communications networks and providers of publicly available electronic communications services take appropriate and proportionate measures to manage the risks posed to the security of networks and services; to enable the Minister to take measures in respect of the supply of critical components by certain vendors in order to safeguard the security of supply of such components; to provide for measures to assist consumers and other end-users; to provide for the resolution of certain complaints and disputes; to provide for interim measures to prevent certain breaches; to lay down rules on administrative sanctions applicable to breaches of regulatory provisions, including provisions adopted, and binding decisions of the Commission for Communications Regulation, pursuant to that Directive, in order to ensure that such provisions are implemented and that penalties for failure to do so are appropriate, effective, proportionate and dissuasive; to amend the European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 ); to amend the Communications Regulation Act 2002 ; to amend the Digital Hub Development Agency Act 2003 ; to amend the Postal and Telecommunications Services Act 1983 to enable funding to be made available for the purposes of maintaining the post office network and countering consequences of withdrawal of the United Kingdom from the European Union; and to provide for related matters. [2nd March, 2023] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title, collective citation, construction and commencement 1.
(1)This Act may be cited as the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023.
(2)The Communications Regulation Acts 2002 to 2017 and this Act (other than Parts 10 and 11 ) may be cited together as the Communications Regulation Acts 2002 to 2023 and shall be construed together as one.
(3)This Act, other than this Part, shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. Interpretation 2.
(1)In this Act— “Act of 1926” means the Wireless Telegraphy Act 1926 ; “Act of 1972” means the European Communities Act 1972 ; “BEREC” means the Body of European Regulators for Electronic Communications; “breach of conditions” means a breach of the conditions of— (a) a general authorisation, (b) any rights of use for radio spectrum, (c) any rights of use for numbering resources, or (d) the specific obligations referred to in Article 13
(2)of the Directive; “Code Regulations” means the European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 ); “Commission” means the Commission for Communications Regulation; “consumer” means any individual who uses or requests a publicly available electronic communications service for purposes which are outside his or her trade, business, craft or profession; “date of service”, in relation to a notice or notification, means the date on which the notice or notification is given in accordance with section 60 of the Principal Act; “Directive” means Directive 2018/1972 of the European Parliament and of the Council of 11 December 20182 establishing the European Electronic Communications Code (Recast); “general authorisation” means an authorisation for a person to provide an electronic communications network or service under and in accordance with regulations made under the Act of 1972 giving effect to Article 12 of the Directive; “Minister” means Minister for the Environment, Climate and Communications; “prescribed” means prescribed by regulations made by the Minister; “Principal Act” means the Communications Regulation Act 2002 ; “record” means any memorandum, book, report, statement, register, plan, chart, map, drawing, specification, diagram, program, algorithm, data, code, software, formula, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), any form (including machine-readable form) or thing in which data (such as engineering data or personal data) or information is held or stored manually, mechanically, digitally or electronically and anything that is a part or a copy in any form, of any of, or any combination of, the foregoing, whether claimed as confidential or not; “regulatory breach” means a failure to comply with— (a) a regulatory provision, (b) a relevant vendor measure, (c) a confidentiality requirement of the Minister under section 26
(1), (d) a direction under section 33
(2), (
  1. e)a commitment under section 67 , or (
  2. f)an urgent interim measure; “regulatory provision” has the meaning given to it by section 60 ; “relevant vendor measure” has the meaning given to it by section 25 ; “urgent interim measures” and “urgent interim measures notice” each has the meaning given to it by section 57 .
(2)A word or expression that is used in this Act and that is also used in the Directive has, unless the context otherwise requires, the same meaning in this Act that it has in the Directive. Regulations 3.
(1)The Minister may make regulations in relation to any matter referred to in this Act as prescribed or to be prescribed or to be the subject of regulations, or otherwise for the purpose of enabling any of its provisions to have full effect.
(2)Regulations made under this Act may contain such incidental, supplementary, consequential or transitional provisions as appear to the Minister to be necessary for the purposes of the regulations.
(3)The Minister may consult with the Commission before making regulations under this Act.
(4)Every regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Exercise of powers of authorised officers for purposes of Act
  1. An authorised officer may exercise any powers exercisable by him or her under the Principal Act (other than a power exercisable for a purpose specified in section 39(3A) of the Principal Act) for the purposes of this Act. PART 2 Security of Networks and Services Interpretation (Part 2)
  2. In this Part— “CSIRT” means the unit of the Department of the Environment, Climate and Communications known as the computer security incident response team; “ENISA” means the European Union Agency for Network and Information Security; “provider” means a provider of public electronic communications networks or of publicly available electronic communications services; “security audit” means the process of examining and evaluating, by such means as are necessary, a provider’s overall ability to appropriately manage the risks posed to the security of networks and services, including the provider’s ability to prevent and minimise the impact of security incidents on users and on other networks and services; “security incident” means any action that compromises the availability, authenticity, integrity or confidentiality of networks and services, of stored or transmitted or processed data, or of the related services offered by, or accessible via, those electronic communications networks or services; “security measures guidelines” has the meaning given to it by section 7 ; “security of networks and services” means the ability of electronic communications networks and services to resist, at a given level of confidence, any action that compromises the availability, authenticity, integrity or confidentiality of those networks and services, of stored or transmitted or processed data, or of the related services offered by, or accessible via, those electronic communications networks or services. Obligation on providers to take measures to manage risk 6.
(1)Providers shall take appropriate and proportionate technical and organisational measures to manage the risks posed to the security of networks and services.
(2)Measures taken in accordance with subsection
(1)shall ensure a level of security appropriate to the risk presented having regard to the state of the art.
(3)In particular, measures, including the use of encryption where appropriate, shall be taken by providers to prevent security incidents and minimise the impact of any security incident on users and on other networks and services.
(4)The Minister, having consulted with the Commission, may make regulations in relation to the types of measures to be taken by providers to manage risks in accordance with subsection
(1).
(5)Regulations under subsection
(4)may— (
  1. a)contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of ensuring that risks posed to the security of networks and services are appropriately managed, (
  2. b)apply generally or to such class of providers, electronic communications networks or electronic communications services, technologies, equipment, associated facilities or associated services as the Minister may prescribe, and (
  3. c)include different provisions in relation to different classes of providers, electronic communications networks or electronic communications services, technologies, equipment, associated facilities or associated services.
(6)Subject to subsection
(8), the Minister shall, before making regulations under subsection
(4), publish a draft of the proposed regulations on a website maintained by or on behalf of the Department of the Environment, Climate and Communications and allow a period of 30 days beginning on the day on which the draft is published during which persons may make written representations to the Minister in relation to the proposed regulations.
(7)The Minister may, having considered any representations received during the period specified in subsection
(6), make the regulations with or without modification.
(8)Where the Minister is satisfied that regulations under subsection
(4)are required urgently in order to prevent a serious imminent risk to the security of networks and services, to the health or safety of persons or to property, the Minister may make the regulations without complying with subsection
(6).
(9)Subsections
(1),
(2)and
(3)areregulatory provisions.
(10)A provider that fails to comply with a provision of regulations made under this section that is stated in the regulations to be a penal provision commits an offence and is liable on summary conviction to a class A fine. Security measures guidelines 7.
(1)The Minister may, for the purpose of providing practical guidance to providers, having consulted with the Commission and such other persons as he or she may consider appropriate— (
  1. a)prepare and publish guidelines on the implementation of technical and organisational measures to manage the risks posed to the security of networks and services, and (
  2. b)approve guidelines, or any part of guidelines, on the implementation of technical and organisational measures to manage the risks posed to the security of networks and services made or published by another person, (each referred to in this Act as “security measures guidelines”).
(2)Without prejudice to the generality of subsection
(1), security measures guidelines may relate to any of the following: (
  1. a)the risks posed to the security of networks and services; (
  2. b)the types of measures considered appropriate for securing electronic communications networks and services; (
  3. c)guidance on the implementation methods of specified measures; (
  4. d)standards or technical specifications that may be considered appropriate for the implementation of specified measures; (
  5. e)certification schemes that may be considered appropriate to adopt for the implementation of specified measures; (
  6. f)commencement times for certain measures; (
  7. g)transitional provisions for providers.
(3)Before publishing or approving security measures guidelines, the Minister shall publish a draft of the proposed guidelines on a website maintained by or on behalf of the Department of the Environment, Climate and Communications and allow a period of 30 days beginning on the day on which the draft is published during which persons may make written representations in relation to the proposed guidelines.
(4)The Minister may, having considered any representations received during the period specified in subsection
(3), publish or, as the case may be, approve the guidelines with or without modification.
(5)Where the Minister approves guidelines he or she shall publish the approved guidelines or a notice to that effect.
(6)Where the Minister is satisfied that security measures guidelines are required urgently in order to prevent a serious imminent risk to the security of networks and services, to the health or safety of persons or to property, the Minister may publish or approve the guidelines without consulting in accordance with subsection
(3).
(7)The Minister may publish security measures guidelines in such form or manner as he or she considers appropriate, including on the internet, and any security measures guidelines published shall specify the date from which they have effect. Courts, etc. to have regard to security measures guidelines 8. In any legal proceedings before a court or tribunal, the court or tribunal shall have regard to a security measures guideline in determining any question arising in the proceedings if— (
  1. a)the question relates to a time when the guideline was in force, and (
  2. b)the guideline appears to the court or tribunal to be relevant to the question. Commission to have regard to security measures guidelines in connection with carrying out functions 9. The Commission shall have regard to any security measures guideline in determining any question arising in relation to it carrying out its functions if— (
  3. a)the question relates to a time when the guideline was in effect, and (
  4. b)the guideline appears to the Commission to be relevant to determining the question. Adjudicator to have regard to security measures guidelines in connection with carrying out functions 10. An adjudicator shall have regard to any security measures guideline in determining any question arising in relation to it carrying out its functions under Part 7 if— (
  5. a)the question relates to a time when the guideline was in force, and (
  6. b)the guideline appears to the adjudicator to be relevant to the question. Providers to notify Commission of any incident of significant impact on networks or services 11.
(1)A provider shall, where any security incident occurs that has had or is having a significant impact on the operation of the provider’s electronic communications networks or services, notify the Commission in accordance with subsection
(3)without undue delay.
(2)In order to determine whether the impact of a security incident is significant for the purposes of subsection
(1)a provider shall have regard to the following matters in respect of the incident: (
  1. a)the duration of the incident; (
  2. b)the number of users affected; (
  3. c)any class of users particularly affected; (
  4. d)the geographical area affected; (
  5. e)the extent to which the functioning of the network or service was affected; (
  6. f)the impact of the incident on economic and societal activities; (
  7. g)the cause of the incident and any particular circumstances that resulted in the security incident.
(3)A notification made under subsection
(1)shall contain the following information in relation to the incident: (
  1. a)the provider’s name; (
  2. b)the public electronic communications network or publicly available electronic communications services provided by it affected by the incident; (
  3. c)the date and time the incident occurred and its duration; (
  4. d)the information specified in paragraphs (
  5. a)to (
  6. g)of subsection
(2). (
  1. e)information concerning the nature and impact of the incident; (
  2. f)information concerning any or any likely cross-border impact; (
  3. g)such other information as the Commission may specify.
(4)Where a provider notifies the Commission of an incident in accordance with this section it shall, as soon as practicable, notify the Commission when the incident is resolved and of the actions taken by it to remedy the incident and, where applicable, any actions taken to reduce the likelihood of a similar incident occurring in the future.
(5)Where the Commission is notified of a security incident under subsection
(1)it shall— (
  1. a)inform the Minister of the notification, and (
  2. b)where the Commission, having consulted with the Minister, considers it appropriate to do so, notify the competent authorities of other Member States and ENISA.
(6)Where the Commission determines, having consulted with the Minister, that the disclosure of a security incident notified under subsection
(1)is in the public interest it may inform the public of the incident or require the provider concerned to do so.
(7)Subsections
(1),
(2),
(3)and
(4)are regulatory provisions.
(8)A provider— (a) who fails to notify the commission in accordance with subsection
(1). (b) who fails to make all reasonable efforts to provide the information referred to in subsection
(3), or (c) that is required by the Commission under subsection
(6)to inform the public of a security incident and that fails to do so, commits an offence and is liable on summary conviction to a class A fine.
(9)The Commission shall in each year submit a summary report to the Minister, the European Commission and ENISA on the notifications received and the actions taken by the Commission in accordance with this section. Providers to notify users of particular and significant threat of security incident 12.
(1)In the case of a particular and significant threat of a security incident in public electronic communications networks or publicly available electronic communications services, a provider of such networks or services shall— (
  1. a)inform its users potentially affected by such a threat of any possible protective measures or remedies which can be taken by the users, and (
  2. b)where appropriate, inform its users of the threat itself.
(2)Subsection
(1)is a regulatory provision.
(3)A provider who fails to inform its users in accordance with subsection
(1)(a) commits an offence and is liable on summary conviction to a class A fine. Commission to seek to ensure compliance by providers with Part 2 13. The Commission shall take reasonable steps to ensure that providers comply with the obligations placed on them by or under this Part. Power of Commission to serve security measures directions 14.
(1)A provider shall, on the request of the Commission, provide the Commission with the information needed to assess the security of the provider’s networks and services, including documented security policies.
(2)The Commission may serve a direction (referred to in this Part as a “security measures direction”) on a provider— (
  1. a)to remedy a security incident, (
  2. b)to prevent a security incident from occurring when a significant threat has been identified, or (
  3. c)to ensure that the provider is in compliance with this Part.
(3)Without prejudice to the generality of subsection
(2), a security measures direction may require a provider to do one or more of the following: (
  1. a)to implement specified measures within specified time limits to remedy a security incident or prevent one from occurring when a significant threat has been identified; (
  2. b)where the Commission has reasonable grounds to believe that a provider is failing, or has failed, to act in accordance with this Part, regulations under this Part or security measures guidelines, to provide a statement to the Commission indicating what measures the provider has taken to comply with the relevant regulations or guidelines and, where the provider has failed to act in accordance with regulations or guidelines, explaining the reasons for such failure; (
  3. c)to provide information needed to assess the security of their networks and services, including documented security policies; (
  4. d)to submit to a security audit by the Commission or a qualified independent person nominated by the Commission and make the results of any security audit not carried out by the Commission available to the Commission; (
  5. e)to bear the costs of an audit under paragraph (d). (
  6. f)to implement specified measures within specified time limits in order to remedy any deficiencies identified during an assessment referred to in paragraph (
  7. c)or a security audit referred to in paragraph (d).
(4)A direction under subsection
(2)takes effect— (
  1. a)immediately upon its service, where the Commission considers, and states in the direction, that it is necessary that the direction take effect immediately to prevent a serious imminent risk to the security of networks and services, the health or safety of persons or to property, and (
  2. b)in any other case upon the expiration of the period allowed for representations to be made under subsection
(5).
(5)A provider that is the subject of a security measures direction may make written representations to the Commission in respect of the direction within the period of 14 days beginning on the date on which the direction is served on the provider and the Commission shall consider any representations made to it during that period and affirm (with or without modification) or withdraw the direction.
(6)Where a direction is affirmed under subsection
(5)the Commission shall notify the provider concerned.
(7)A provider that fails to comply with a security measures direction commits an offence and is liable on summary conviction to a class A fine. Security audits 15.
(1)Where the Commission serves a security measures direction on a provider requiring the provider to submit to a security audit the Commission may appoint such member of the staff of the Commission, or such other suitably qualified independent person as the Commission considers appropriate,(referred to in this section as a “security auditor”) to carry out the security audit in accordance with the direction.
(2)A security auditor shall, on his or her appointment, be provided by the Commission with a certificate of his or her appointment and when exercising a power referred to in subsection
(3)shall, if requested by any person thereby affected, produce such certificate to that person for inspection.
(3)Where the Commission serves a security measures direction on a provider requiring the provider to submit to a security audit a security auditor may, for the purposes of carrying out the audit, exercise any power exercisable by an authorised officer under the Principal Act (other than a power exercisable for a purpose specified in section 39(3A) of the Principal Act) and where a security auditor exercises such a power a reference to an authorised officer exercising such a power in the Principal Act shall include a reference to the security auditor. Assistance and information sharing 16.
(1)The Commission may, for the purposes of exercising its functions under this Part, consult, cooperate, share information with, or obtain the assistance of— (
  1. a)the CSIRT, (
  2. b)a Computer Security Incident Response Team in another Member State designated pursuant to Article 9 of Directive (EU) 2016/11483 , and (
  3. c)a national regulatory authority in another Member State to whom a task under the Directive has been assigned.
(2)The Commission shall, where appropriate, consult and cooperate with the Garda Síochána, the competent authorities designated in accordance with Regulations 7 and 8 of the European Union (Measures for a High Common Level of Security of Network and Information Systems) Regulations 2018 ( S.I. No. 360 of 2018 ), the competent authorities within the meaning of Article 8
(1)of Directive (EU) 2016/11484 and the Data Protection Commission in relation to any matter concerning this Part.
(3)The Commission shall consult and cooperate with the Data Protection Commission in relation to any incident involving personal data (within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20165 ).
(4)Information shared under this Part may include personal data.
(5)Where the Commission receives or shares information under this Part in relation to a provider the Commission shall take all reasonable steps to protect the confidentiality of the information so shared, the security of networks and services and the commercial interests of the provider to which the information relates. Appeal of decisions, etc. under Part 2, Part 4 or Code Regulations 17.
(1)Neither a decision or a requirement of— (
  1. a)the Commission under this Part or Part 4 , or the Code Regulations (other than Regulation 98 and 99), or (
  2. b)the Minister under Regulation 70, 76 or 100 of the Code Regulations, shall be challenged, including as to its validity, other than by way of an appeal under this section.
(2)For the avoidance of doubt, in respect of a decision or requirement referred to in subsection
(1)no proceeding (including an application for judicial review) may be brought before the courts other than an appeal under this section.
(3)A person affected by a decision or a requirement of— (
  1. a)the Commission under this Part or Part 4 , or the Code Regulations (other than Regulation 98 and 99), or (
  2. b)the Minister under Regulation 70, 76 or 100 of the Code Regulations, (referred to in this section as the “decision”) may, not later than 28 days after the person receives notice of the decision, appeal the decision to the High Court.
(4)Pending the outcome of an appeal, the decision of the Commission or the Minister, as the case may be, shall stand unless on application to the High Court, the Court suspends the application of the decision until the determination of an appeal or its withdrawal.
(5)The respondent to an appeal referred to in subsection
(3)(a) shall be the Commission.
(6)The respondent to an appeal referred to in subsection
(3)(b) shall be the Minister.
(7)A person that brings an appeal under this section shall, on the same date as it makes such appeal notify the respondent of the fact that it has made the appeal and of the grounds on which it has made the appeal.
(8)The High Court may, for the purpose of ensuring the efficient, fair and timely determination of an appeal, give directions in respect of the conduct of the appeal.
(9)An appellant shall, when making an appeal precisely state all of the grounds in law and fact upon which the appeal is made and shall provide to the Court all of the documents and evidence which it is alleged support the granting of the appeal or upon which the appellant intends to rely to support those grounds.
(10)Subject to subsection
(11), a party to an appeal shall not be entitled during the course of an appeal to make submissions to the Court other than submissions related to the grounds stated, or documents and evidence provided under subsection
(9).
(11)The Court may, upon application and where it considers it necessary for the fair and proper determination of an appeal, require or permit a party to an appeal to— (a) make submissions to the Court other than submissions related to the grounds stated or documents and evidence provided under subsection
(9), and (b) provide documents or evidence to the Court other than documents or evidence provided under subsection
(9).
(12)Notwithstanding subsection
(11), the Court shall refuse to consider submissions, documents or evidence where it considers that— (
  1. a)the submissions, documents or evidence are not relevant to the appeal, or (
  2. b)it is appropriate to do so in order to avoid undue repetition of submissions.
(13)Where the Court has granted leave to deliver additional submissions, documents or evidence on an application under subsection
(11), the Court shall give directions as to the scope, form and time-frame for delivery of such additional submissions, documents or evidence.
(14)The Court may receive evidence by oral examination in court, by affidavit, or by deposition taken before an examiner or commissioner.
(15)The Court, on hearing an appeal against a decision, may consider— (
  1. a)whether the jurisdiction existed to make the decision, (
  2. b)whether the law was correctly applied in reaching the decision, or (
  3. c)whether the decision is supported by the evidence including evidence admitted in accordance with subsection
(11).
(16)In considering an appeal, the Court shall have regard to— (
  1. a)the record of the decision the subject of the appeal, (
  2. b)the grounds stated by the parties to the appeal, and documents and evidence relied upon by the parties to support those grounds, under subsection
(9), and (c) any submissions, documents or evidence admitted under subsection
(11).
(17)The Court may, on the hearing of an appeal against a decision— (
  1. a)confirm the decision, or (
  2. b)where it is satisfied by reference to the grounds of appeal that a serious and significant error of law or fact, or a series of minor errors of law or fact which when taken together amount to a serious and significant error, was made in making the decision, or that the decision was made without complying with fair procedures, annul the decision in its totality or in part, and— (
  3. i)remit the decision for reconsideration by the Commission or the Minister, as the case may be, subject to such directions as the Court considers appropriate, or (
  4. ii)vary the decision and substitute such other decision as the Court considers appropriate. Appeal to Court of Appeal from decision under section 17 18. The decision of the High Court under section 17 shall be final and no appeal shall lie from the decision of the High Court to the Court of Appeal in any case save with leave of the High Court, which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be made to the Court of Appeal. PART 3 Security measures in respect of certain vendors Interpretation (Part 3) 19. In this Part— “component” includes any function, technology, equipment, hardware, software, facility, good or service used in the provision of electronic communications networks or electronic communications services; “critical component” means a critical component prescribed by the Minister under section 20 ; “provider” means a provider of public electronic communications networks or of publicly available electronic communications services; “relevant vendor” means a vendor, in respect of which the Minister has made an assessment under section 22 ; “third country” means a country other than a Member State of the European Union, an EEA state, Switzerland and the United Kingdom; “vendor” means a person who, normally for remuneration, provides components, functions, technology, equipment, hardware, software, facilities or services to providers of electronic communications networks to build or operate the network. Critical components 20.
(1)The Minister may prescribe any component or any class of components as a critical component or critical components.
(2)Without prejudice to the generality of subsection
(1), in prescribing a component or class of components, the Minister may have regard to: (a) the impact a compromise of a component referred to in subsection
(1)would have on the availability, authenticity, integrity or confidentiality of those networks and services; (
  1. b)the likelihood of a compromise of such a component; (
  2. c)the extent of the impact a compromise of such a component would have on national security, or economic or societal activities; (
  3. d)the number of users likely affected by a compromise of such a component. Minister to assess likelihood of vendor being subjected to interference by third country 21.
(1)The Minister may assess at any time, and on an ongoing basis, the likelihood of a vendor being subjected to interference by a third country.
(2)Without prejudice to the generality of the matters that the Minister may consider for the purposes of subsection
(1), the Minister shall have regard to the following matters when making an assessment under that subsection: (
  1. a)whether or not a strong link exists between the vendor and the government of any third country; (
  2. b)the status of the rule of law and the political situation within the third country in question, in particular whether or not there is democratic or legislative oversight, including an independent judiciary, in place, and whether or not data protection or security agreements exist between the European Union and the third country in question; (
  3. c)the characteristics of the vendor’s business ownership and practices, in particular whether the ownership structure is transparent and whether the vendor’s sources of finance are transparent; (
  4. d)the ability of the third country in question to exert any form of pressure upon the vendor, including in relation to influencing where equipment is to be manufactured; (
  5. e)whether or not the third country, from which the vendor originates, conducts or is associated with an offensive cyber policy. Assessment as relevant vendor 22.
(1)Where the Minister makes an assessment— (
  1. a)in accordance with section 21 , that there is a likelihood of a vendor being subjected to interference by a third country, (
  2. b)that there is a significant risk that a vendor will not be able to secure supply of critical components, (
  3. c)that the overall quality of critical components supplied by a vendor is inadequate, or (
  4. d)that the cybersecurity practices of a vendor are inadequate, the Minister may take measures in accordance with section 25 .
(2)The Minister may conduct an assessment under subsection
(1)at any time and on an ongoing basis. Minister may consult for the purposes of assessments under this Part 23. The Minister may consult with such persons as the Minister considers appropriate for the purposes of sections 21 and 22 . Obligation to provide information for the purposes of assessments under this Part 24.
(1)The Minister may request any person to provide information that the Minister reasonably believes he or she requires for the purpose of section 21 or 22 .
(2)A person who fails to make all reasonable efforts to comply with a request under subsection
(1)commits an offence and is liable— (
  1. a)on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or (
  2. b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine not exceeding €250,000, or both. Relevant vendor measures 25.
(1)Subject to section 22 , the Minister may, if he or she considers it necessary to control risks to the security of electronic communications networks or electronic communications services which may affect national security, by notice in writing (referred to in this Part as a “ relevant vendor notice”), take any of the following measures (referred to in this Act as a “relevant vendor measure”): (
  1. a)prohibit the installation by a provider of critical components made or supplied by a relevant vendor; (
  2. b)prohibit or restrict the use by a provider of critical components made or supplied by a relevant vendor; (
  3. c)place conditions on the installation or use by a provider of critical components made or supplied by a relevant vendor; (
  4. d)prohibit the installation or use by a provider at a specified location of critical components made or supplied by a relevant vendor; (
  5. e)require a provider to remove, disable or modify critical components made or supplied by a relevant vendor; (
  6. f)place a restriction, expressed as a percentage of the total quantity of critical components used by the provider on their network or any part of their network, on the quantity of critical components made by a relevant vendor that a provider may use; (
  7. g)where critical components made or supplied by a relevant vendor are in use by a provider, require the provider to use these critical components in a specified manner or at a specified location.
(2)A relevant vendor notice shall specify— (
  1. a)the provider or providers to which it applies, (
  2. b)that the Minister considers it necessary to take the measures contained in the order to control risks to the security of electronic communications networks or electronic communications services which may affect national security, (
  3. c)where the Minister considers that consultation under section 27
(1)would be contrary to the interests of national security, the reasons therefor, (
  1. d)the reasons for the issuing of the notice, and (
  2. e)the time at which the notice comes into operation.
(3)Paragraph (d) of subsection
(2)shall not apply where the Minister considers that specifying the reasons for the issuing of the notice in the notice would be contrary to the interests of national security.
(4)The Minister may at any time, by further notice in writing, revoke or vary a relevant vendor measure.
(5)Where the Minister makes, varies or revokes a relevant vendor notice he or she shall give the notice, in accordance with section 60 of the Principal Act, to any provider to which the notice applies.
(6)Where the Minister gives notice to a provider in accordance with subsection
(5), the Minister shall take all reasonable steps to give a copy of the notice to the relevant vendor specified in the notice.
(7)The requirement in subsection
(6)shall not apply to the giving of a relevant vendor notice if the Minister considers that giving a copy of the notice to the relevant vendor would be contrary to the interests of national security.
(8)A provider that fails to comply with a relevant vendor measure or a notice varying such a measure given to such provider or made under subsection
(1)commits an offence and is liable— (
  1. a)on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or (
  2. b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine not exceeding €250,000, or both. Confidentiality of relevant vendor notice 26.
(1)The Minister may require a provider to which a relevant vendor measure applies to treat as confidential the existence or contents of the measure and of the relevant vendor notice in circumstances where the Minister considers that disclosure of the measures imposed by the notice or of the contents of the notice would be contrary to the interests of national security.
(2)A provider that fails to comply with a requirement made under subsection
(1)commits an offence and is liable— (
  1. a)on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or (
  2. b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine not exceeding €250,000, or both. Consultation before taking measures under section 25 27.
(1)The Minister, before taking any measures under section 25 , shall— (
  1. a)consult with the provider or providers which would be subject to the proposed measures, and (
  2. b)make reasonable efforts to consult with the relevant vendor in respect of which the measures are proposed to be taken.
(2)The requirement in subsection
(1)shall not apply if the Minister considers that such consultation would be contrary to the interests of national security. Appeal of relevant vendor measure 28.
(1)A relevant vendor measure shall not be challenged, including as to its validity, other than by way of an appeal under this section.
(2)For the avoidance of doubt, in respect of a measure under section 25 , no proceeding (including an application for judicial review) may be brought before the courts other than an appeal under this section.
(3)A person affected by a relevant vendor measure or a variation of such measure may, not later than 28 days after the person receives notice of the measure or variation, appeal the measure or variation to the High Court.
(4)Pending the outcome of an appeal, the measure taken by the Minister, shall stand, unless on application to the High Court, the Court suspends the application of the measure until the determination of an appeal or its withdrawal.
(5)A person that brings an appeal under this section shall, on the same date as it makes such appeal, notify the Minister of the fact that it has made the appeal and of the grounds on which it has made the appeal.
(6)The High Court may, for the purpose of ensuring the efficient, fair and timely determination of an appeal, give directions in respect of the conduct of the appeal.
(7)An appellant shall, when making an appeal, precisely state all of the grounds in law and fact upon which the appeal is made and shall provide to the Court all of the documents and evidence which it is alleged support the granting of the appeal or upon which the appellant intends to rely to support those grounds.
(8)Subject to subsection
(9), a party to an appeal shall not be entitled during the course of an appeal to make submissions to the Court other than submissions related to the grounds stated or documents and evidence provided under subsection
(7).
(9)The Court may, upon application and where it considers it necessary for the fair and proper determination of an appeal, require or permit a party to an appeal to— (a) make submissions to the Court other than submissions related to the grounds stated or documents and evidence provided under subsection
(7), and (b) provide documents or evidence to the Court other than documents or evidence provided under subsection
(7).
(10)Notwithstanding subsection
(9), the Court shall refuse to consider submissions, documents or evidence where it considers that— (
  1. a)the submissions, documents or evidence are not relevant to the appeal, or (
  2. b)it is appropriate to do so in order to avoid undue repetition of submissions.
(11)Where the Court has granted leave to deliver additional submissions, documents or evidence on an application under subsection
(9), the Court shall give directions as to the scope, form and time-frame for delivery of such additional submissions, documents or evidence.
(12)The Court may receive evidence by oral examination in court, by affidavit, or by deposition taken before an examiner or commissioner.
(13)The Court, on hearing an appeal against a decision, may consider— (
  1. a)whether the jurisdiction existed to make the decision, (
  2. b)whether the law was correctly applied in reaching the decision, or (
  3. c)whether the decision is supported by the evidence including evidence admitted in accordance with subsection
(9).
(14)In considering an appeal, the Court shall have regard to— (
  1. a)the record of the decision the subject of the appeal, (
  2. b)the grounds stated by the parties to the appeal, and documents and evidence relied upon by the parties to support those grounds, under subsection
(7), and (c) any submissions, documents or evidence admitted under subsection
(9).
(15)The Court may, on the hearing of an appeal against a decision— (
  1. a)confirm the decision, or (
  2. b)where it is satisfied by reference to the grounds of appeal that a serious and significant error of law or fact, or a series of minor errors of law or fact which when taken together amount to a serious and significant error, was made in making the decision, or that the decision was made without complying with fair procedures, annul the decision in its totality or in part, and remit the decision for reconsideration by the Minister subject to such directions as the Court considers appropriate. Material not publicly available that relates to security of the State 29.
(1)Where an appeal of a relevant vendor measure or a variation in such measure relates to or involves any decision, evidence, document, material or any other matter that is not publicly available and relates to the security of the State, (referred to in this Part as “relevant material”), the High Court may— (
  1. a)where it is satisfied by information on oath or affirmation of the Minister, or of an officer of the Minister appointed by the Minister to provide such information, that there are reasonable grounds for believing that the disclosure to an appellant of relevant material would create a risk to the security of the State— (
  2. i)where satisfied that the relevant material can be redacted in a way that removes that risk, direct the Minister to provide the relevant material to the appellant subject to such redactions, or (
  3. ii)where satisfied that the relevant material or part thereof can be summarised or described in a way that removes that risk, direct the Minister to provide the appellant with such a summary or description, (
  4. b)where it is not satisfied by the information on oath or affirmation referred to in paragraph (
  5. a)that the disclosure to a party of relevant material would create a risk to the security of the State, direct that the relevant material or such part of that material as the High Court may direct, be provided to the party, and (
  6. c)take relevant material into account in making its decision in relation to the appeal regardless of the extent to which, or ways in which, the relevant material is provided to the appellant in accordance with this section.
(2)The Minister shall comply with a direction of the High Court under subsection
(1).
(3)The information on oath or affirmation provided to the High Court under subsection
(1)shall not, without the express authorisation of the Minister, be disclosed by the Court, an officer or agent of the Court, or any other person, to any person other than a party to an appeal.
(4)When providing information on oath or affirmation under subsection
(1), the Minister may apply to the High Court ex parte for an order that— (
  1. a)the information shall not be provided to a party to the appeal, and (
  2. b)a summary of the information, provided to the High Court with the application, shall be provided to the party.
(5)The High Court shall grant the order applied for under subsection
(4)if it is satisfied that— (a) the Minister has grounds for believing that providing the information on oath or affirmation under subsection
(1)to a party would create a risk to the security of the State, and (b) the summary provided with the application for that order is sufficiently clear and detailed to allow the party effectively to challenge the basis on which, or way in which, the information on oath or affirmation is not being provided to it, or provided to it in part, as the case may be, and the Minister shall comply with such an order.
(6)A person, other than a judge, who contravenes subsection
(3)commits an offence and shall be liable— (
  1. a)on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or (
  2. b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine not exceeding €250,000, or both. Hearing of appeal of relevant vendor measure other than in public 30. If the High Court is satisfied, on an application by the Minister, that the hearing of an appeal of a relevant vendor measure, or a variation in such measure, is likely to result in the disclosure of relevant material and that such disclosure would create a risk to the security of the State it shall exclude from the hearing of the appeal all persons except— (
  3. a)a judge hearing the matter, (
  4. b)a judicial assistant, or other court personnel, whose presence is necessary for the judge to hear the matter, (
  5. c)the parties to the proceedings, (
  6. d)the legal representatives of the parties to the proceedings, and (
  7. e)a witness whose evidence is relevant to the proceedings, for as long as the witness’s presence is required for the purpose of providing such evidence, unless it is satisfied that the interests of justice require any other person not to be so excluded. Appeal to Court of Appeal from decision under section 28 31. The decision of the High Court under section 28 shall be final and no appeal shall lie from the decision of the High Court to the Court of Appeal in any case save with leave of the High Court, which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be made to the Court of Appeal. Commission to report to Minister on this Part 32. The Commission shall issue a report to the Minister on the operation of this Part annually or as requested by the Minister. Commission to monitor providers’ compliance with relevant vendor measures 33.
(1)The Commission shall take reasonable steps to monitor providers’ compliance with relevant vendor measures.
(2)For the purposes of subsection
(1), the Commission may serve a direction on a provider which may require the provider to do one or more of the following: (
  1. a)to provide information needed to assess whether a provider has complied with a relevant vendor measure taken by the Minister; (
  2. b)where the Commission has reasonable grounds to believe that a provider is failing, or has failed, to comply with a relevant vendor measure, to provide a statement to the Commission indicating what measures the provider has taken to comply with the measure and, where the provider has failed to comply with the measure, explaining the reasons for such failure; (
  3. c)to submit to a security audit referred to in subsection
(3)by the Commission or a qualified independent person nominated by the Commission and to make the results of any security audit not carried out by the Commission available to the Commission; (d) to bear the costs of an audit under paragraph (c).
(3)Where the Commission serves a direction on a provider under subsection
(2)requiring the provider to submit to a security audit, the Commission may appoint such member of the staff of the Commission or such other suitably qualified independent person as the Commission considers appropriate, (referred to in this section as a “security auditor”) to carry out the security audit in accordance with the direction.
(4)A security auditor shall, on his or her appointment, be provided by the Commission with a certificate of his or her appointment and when exercising a power referred to in subsection
(5)shall, if requested by any person thereby affected, produce such certificate to that person for inspection.
(5)Where the Commission serves a direction under subsection
(2)on a provider requiring the provider to submit to a security audit a security auditor may, for the purposes of carrying out the audit, exercise any power exercisable by an authorised officer under the Principal Act (other than a power exercisable for a purpose specified in section 39(3A) of the Principal Act) and where a security auditor exercises such a power a reference to an authorised officer exercising such a power in the Principal Act shall include a reference to the security auditor.
(6)A direction under subsection
(2)takes effect— (
  1. a)immediately upon its service, where the Commission considers, and states in the direction, that it is necessary that the direction take effect immediately to prevent a serious imminent risk to the security of networks and services, the health or safety of persons or to property, and (
  2. b)in any other case upon the expiration of the period allowed for representations to be made under subsection
(7).
(7)A provider that is the subject of a direction under subsection
(2)may make written representations to the Commission in respect of the direction within the period of 14 days beginning on the date on which the direction is served on the provider and the Commission shall consider any representations made to it during that period and affirm (with or without modification) or withdraw the direction.
(8)Where a direction is affirmed under subsection
(7), the Commission shall notify the provider concerned.
(9)A provider that fails to comply with a direction under subsection
(2)commits an offence and is liable on summary conviction to a class A fine. Review of operation of Part 34. The Minister shall— (
  1. a)not later than the end of the period of 2 years beginning on the day on which this Act is passed, commence a review of the operation of this Part, and (
  2. b)not later than 12 months after the end of the period of 2 years referred to in paragraph (a), make a report to each House of the Oireachtas of the findings made on such review and of the conclusions drawn from those findings. PART 4 Measures to assist consumers and other end-users Interpretation (Part 4) 35. In this Part, “minimum quality-of-service standard” means a minimum quality-of-service standard specified by the Commission under section 37 . Commission may require publication of information on quality of service 36.
(1)The Commission may require providers of internet access services and of publicly available interpersonal communications services to publish within a specified period comprehensive, comparable, reliable, user-friendly and up-to-date information for end-users on— (
  1. a)the quality of their technical services, to the extent that they control at least some elements of the network either directly or by virtue of a service level agreement to that effect, (
  2. b)the quality of their non-technical services, and (
  3. c)measures taken to ensure equivalence in access for end-users with disabilities.
(2)The Commission may require providers of publicly available interpersonal communications services to inform consumers within a specified period if the quality of the services they provide depends on any external factors such as control of signal transmission or network connectivity.
(3)The Commission may require that a provider, before publishing information under subsection
(1)or informing consumers under subsection
(2), supply the relevant information to the Commission.
(4)Where the Commission requires the publication of information referred to in subsection
(1), it shall specify, taking account of BEREC guidelines, the quality-of-service parameters to be measured, the applicable measurement methods, and the content, form and manner of the information to be published, including possible quality certification mechanisms and may, where it considers it appropriate, specify the parameters, definitions and measurement methods set out in Annex X to the Directive.
(5)Providers shall ensure that any measures that they take pursuant to this section comply with Regulation (EU) 2015/2120 of 25 November 20156 . Minimum quality-of-service standards 37.
(1)The Commission may specify minimum quality-of-service standards to be met by providers of internet access services or publicly available interpersonal communications services when providing such services to end-users generally, or such class of end-user as the Commission may specify, in respect of any of the following: (
  1. a)customer service, including— (
  2. i)available customer service channels, (
  3. ii)response times on available customer service channels, (iii) time taken to revert to a customer if an issue is not resolved on first contact, and (
  4. iv)escalation to complaint handling; (
  5. b)complaint handling, including— (
  6. i)available complaint handling channels, (
  7. ii)acknowledgement times, and (iii) time taken to resolve a dispute; (
  8. c)outages and repairs, including— (
  9. i)notification of planned and unplanned service outages, (
  10. ii)time taken to restore service in the event of service interruption, (iii) available channels for end-users to report outages, (
  11. iv)times for provision of acknowledgement and estimated outage information to end-users after an outage has been reported, and (
  12. v)timelines and methods for provision of updates on the outage; (
  13. d)switching services, including— (
  14. i)availability of handset unlocking facilities, (
  15. ii)time taken to unlock a handset after any residual payment owing to a provider has been made, and (iii) methods for payment of residual fees, where applicable; (
  16. e)billing and refunds, including— (
  17. i)time taken to review billing queries and complaints and to make any refund where a bill is found to have been incorrect, (
  18. ii)measures to avoid bill-shock, and (iii) instances of incorrect billing; (
  19. f)disconnection policy in case of non-payment of bills, including— (
  20. i)instances where disconnections may occur, (
  21. ii)end-user notification in advance of disconnection, (iii) service restrictions, and (
  22. iv)reconnection process and fees; (
  23. g)connections, including— (
  24. i)the time for initial connection to the network, (
  25. ii)connection failure rates, and (iii) missed and delayed service and installation appointments; (
  26. h)such other matters as the Minister may prescribe relating to paragraphs (
  27. a)to (g).
(2)The Commission may make and publish guidelines in relation to the application of minimum quality-of-service standards and providers shall have regard to those guidelines. Customer charters 38.
(1)The Commission may require providers of internet access services or publicly available interpersonal communications services to prepare, publish and keep updated a document to be entitled, and referred to in this Act as, a “customer charter”.
(2)The Commission may specify— (
  1. a)the form of a customer charter and the information required to be included in a charter, including minimum quality-of-service standards under section 37 , (
  2. b)the manner (including frequency) of updates required to a customer charter, (
  3. c)the classes of end-users that a charter is required to address, and (
  4. d)the manner (including frequency) in which a customer charter is required to be published and notified to customers.
(3)The Commission may, where no minimum levels of quality of service are offered by a provider, require the provider to publish a statement to this effect in the customer charter or in such other form or manner as the Commission considers appropriate.
(4)The Commission shall require a provider referred to in subsection
(1)to measure its performance against the standards set out in its customer charter and to report to the Commission on such performance in such form and manner as the Commission specifies.
(5)The Commission may arrange, or require a provider referred to in subsection
(1)to arrange, an independent audit or review paid for by the provider of the performance of the provider measured against the standards set out in its customer charter.
(6)The Commission may publish details of a provider’s performance measured against the standards set out in its customer charter in such manner as the Commission considers appropriate.
(7)The Commission may, where it considers that a provider is not complying with subsection
(1),
(2)or
(3), serve a direction on the provider specifying the measures required to be taken to comply with the relevant provision.
(8)A provider of internet access services or publicly available interpersonal communications services who fails to comply with— (a) a requirement under subsections
(1),
(3)and
(5), or (b) a direction of the Commission under subsection
(7). commits an offence and is liable on summary conviction to a class A fine. End-user compensation 39.
(1)The Commission may, for the purposes of this section, specify a failure (referred to in this section as a “specified failure”) of a provider of internet access services or number-based interpersonal communications services (referred to in this section as a “provider”) to comply with an obligation under— (a) a minimum quality-of-service standard, or (b) Regulation 90 of the Code Regulations.
(2)Where a provider commits a specified failure the provider shall pay compensation to any end-user affected.
(3)Where the Commission specifies a failure under subsection
(1)providers shall, not later than 3 months thereafter, prepare and publish a scheme (in this section referred to as a “compensation scheme”) setting out the compensation that end-users are to be entitled to in respect of the specified failure and a transparent procedure by which compensation shall be paid.
(4)A compensation scheme shall include at least the following in respect of the specified failure— (
  1. a)a user-friendly description of the procedure by which compensation is paid, (
  2. b)the amount of compensation that end-users are entitled to, (
  3. c)the means by which compensation will be paid, and (
  4. d)the time periods within which end-users will receive compensation.
(5)Providers shall ensure that the amount to which end-users are entitled under a compensation scheme is sufficient to compensate them having regard, inter alia, to— (
  1. a)the nature of any loss of service experienced, (
  2. b)the duration of any loss of service experienced, and (
  3. c)any failure on the part of the provider to keep end-users informed throughout the process.
(6)A provider shall not charge an end-user any fee in connection with the payment of compensation.
(7)The Commission may determine that providers pay compensation to end-users in respect of a specified failure without the need for an end-user to make a complaint or a claim for compensation.
(8)A compensation scheme shall be published by the provider on its website in a clear and comprehensible format that is easily accessible by end-users and, in particular, by end-users with disabilities and in any other manner as may be specified by the Commission.
(9)Where a provider prepares a compensation scheme it shall ensure that end-users are informed about the scheme in a user-friendly manner.
(10)Where a provider prepares a compensation scheme it shall ensure that end-users are informed, in a clear and comprehensible way, that the compensation scheme does not prejudice their right to pursue compensation in respect of a specified failure by other legal means or proceedings.
(11)The Commission may specify the amount of compensation to be payable in respect of a specified failure.
(12)Providers shall report to the Commission annually in relation to the operation of this section in such manner as may be required by the Commission, detailing in particular, in respect of the period to which the report relates— (
  1. a)the specified failures in respect of which compensation was paid by the provider, (
  2. b)the number of instances of each specified failure in respect of which compensation was paid by the provider, (
  3. c)the amount of compensation that was paid in respect of each specified failure by the provider, and (
  4. d)the average time taken by the provider to pay compensation to an end-user.
(13)The Commission may require a provider to submit to an independent audit or review, paid for by the provider, on its compliance with this section.
(14)This section, other than s ubsections
(1),
(7),
(11)and
(13), is a regulatory provision.
(15)This section is without prejudice to the right of— (
  1. a)an end-user to pursue compensation in respect of a specified failure by other legal means or proceedings, including where the end-user considers any compensation granted under this section is not adequate, and (
  2. b)the Commission or any other person to bring proceedings in respect of a specified failure. PART 5 Resolution of complaints and disputes Interpretation (Part 5) 40. In this Part— “Act of 2022” means the Consumer Rights Act 2022 ; “Mobile Phone Roaming Regulation” has the same meaning as it has in the Roaming Regulations; “provider” means— (
  3. a)an undertaking within the meaning of the Principal Act, (
  4. b)an undertaking within the meaning of Regulation 2 of the Regulations of 2019, or (
  5. c)an undertaking within the meaning of Regulation 2 of the Roaming Regulations; “Regulations of 2013” means the Communications (Mobile Telephone Roaming) Regulations 2013 ( S.I. No. 228 of 2013 ); “Regulations of 2019” means the European Union (Open Internet Access) Regulations 2019 ( S.I. No. 343 of 2019 ); “relevant dispute” means— (
  6. a)a dispute between an end-user and a provider in relation to compensation payable under section 39 , (
  7. b)a dispute between an end-user and a provider, arising under this Act or the Code Regulations, relating to contractual conditions or the performance of contracts (whether entered into or not), (
  8. c)a dispute between an end-user and an undertaking (within the meaning of Regulation 2 of the Regulations of 2019), (
  9. d)a dispute involving a consumer or end-user and concerning an issue falling within the scope of the Mobile Phone Roaming Regulation, (
  10. e)a dispute between an end-user and a provider relating to the imposition or purported imposition of a charge referred to in section 45 of the Principal Act, (
  11. f)a dispute between a consumer, within the meaning of the Act of 2022, and a trader, within the meaning of the Act of 2022, who is also a provider, relating to Part 5 (other than sections 119, 120 and 125) of the Act of 2022, and (
  12. g)any other disputes that relate to the supply of and access to electronic communications services, electronic communications networks and associated facilities or the transmission of such services on such networks prescribed by the Minister for the purposes of this Part; “Roaming Regulations” means the European Communities (Mobile Telephone Roaming) Regulations 2022 ( S.I. No. 315 of 2022 ); “Universal Services Regulations” means the European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations 2011 ( S.I. No. 337 of 2011 ). Procedures for handling complaints and resolution of disputes 41.
(1)A provider shall ensure that it has in place procedures for dealing with complaints and for settling disputes with end-users that are accessible, fair, prompt, transparent, inexpensive and non-discriminatory.
(2)The Commission may specify requirements to be met by a provider for the purpose of ensuring compliance with this section.
(3)The Minister may, either on the recommendation of, or having consulted with, the Commission, prescribe measures to be taken by a provider for the purposes of giving effect to this section.
(4)Subsection
(1)is a regulatory provision. Handling of complaints and resolution of disputes to be provided for in code of practice 42.
(1)A provider shall prepare, publish, keep updated and implement a code of practice for dealing with complaints and for settling relevant disputes.
(2)A code of practice shall provide for the following matters: (
  1. a)first point of contact for complainants, including the channels of making complaints; (
  2. b)a means of recording complaints; (
  3. c)time-frames within which a provider shall respond to and resolve complaints; (
  4. d)procedures for resolving complaints; (
  5. e)informing the complainant that a dispute may be referred to the Commission where— (
  6. i)the dispute has been resolved in accordance with the code of practice and the complainant is dissatisfied with the resolution, or (
  7. ii)the dispute has not been resolved and at least 10 working days have passed since the day on which the complaint was first notified to the provider; (
  8. f)cases where reimbursement of payments, payments of compensation and payments in settlement of losses incurred will be made; (
  9. g)retention of records of complaints (including copies of the complaint, any response to it, any determination in respect of the complaint and any documentation considered in the course of such determination).
(3)The Commission may specify requirements to be met for the purpose of ensuring compliance with subsection
(1)and the manner of publication of a code of practice referred to in that subsection including, without limitation, any requirements to ensure that the code of practice and procedures for dealing with complaints and settling disputes are fair, prompt, transparent, inexpensive and non-discriminatory.
(4)The Commission may serve a direction on a provider requiring that provider to make such alterations or additions to its code of practice as the Commission may specify in the direction. Provider to report on end-user complaints 43. A provider shall, within each period of 6 months beginning with the period beginning on the date on which this section comes into operation, report to the Commission on— (
  1. a)complaints made to it by end-users within the preceding 6 month period, and (
  2. b)such other matters relating to complaints by end-users made during that period as may be specified by the Commission. Commission may require information regarding end-user complaints 44. The Commission may require providers to collate and— (
  3. a)publish, or (
  4. b)provide to it, in such form as the Commission may specify, comparable data in relation to complaints made to it by end-users and in relation to the procedures that providers have in place for dealing with complaints and for settling disputes with end-users. Notification to end-user of right to refer dispute to Commission 45. Where a provider receives a complaint from an end-user in respect of its services, the provider shall inform the end-user of his or her right to refer a relevant dispute to the Commission for resolution in accordance with section 47 . Commission may require provider to comply with code of practice 46. Where the Commission considers that a provider has failed to implement its code of practice, the Commission may serve a direction on the provider specifying the provisions of the code which have not been implemented and requiring the provider to implement them. Resolution of relevant disputes by Commission 47.
(1)An end-user may refer a dispute with a provider to the Commission and, where the Commission is satisfied that the dispute is a relevant dispute, and— (
  1. a)a period of at least 10 days has elapsed since the complaint giving rise to the dispute was made, or (
  2. b)the procedures for the resolution of disputes provided for in the provider’s code of practice have been completed, the Commission, or such independent person as may be appointed by the Commission, shall, in accordance with such procedures as may be specified by the Commission under section 48 , carry out a dispute resolution process and propose a resolution to the dispute referred.
(2)Where the Commission proposes a resolution under subsection
(1)the end-user that referred the dispute may elect to accept the resolution proposed and where the end-user so elects the resolution shall be binding on the provider concerned.
(3)An end-user who has referred a dispute to the Commission for resolution under this section may withdraw the dispute at any stage up to the time at which the Commission, or such independent person as may be appointed by the Commission, proposes a resolution to the dispute, by notifying the Commission, or the person, in writing to that effect, or, where there is an oral hearing in relation to the dispute, by notifying the Commission, or the person, at the hearing. Procedure for resolution of disputes by Commission 48.
(1)The Commission may specify procedures for the resolution of disputes under section 47 and such procedures shall— (
  1. a)be transparent, non-discriminatory, simple, and inexpensive, (
  2. b)enable disputes to be settled fairly and promptly, and (
  3. c)be made publicly available by the Commission, together with any amendments to such procedures.
(2)The Commission, or such independent person as may be appointed by the Commission under section 47
(1), shall, as soon as practicable after an end-user refers a dispute, inform the end-user— (a) of his or her right under section 47
(2)to elect to accept the resolution proposed, (b) of his or her right under section 47
(3)to withdraw the dispute, (
  1. c)that the procedure is without prejudice to any other right to seek redress, including by court proceedings, (
  2. d)that the resolution proposed may be different from an outcome determined by a court, (
  3. e)of the legal effect of electing to accept the resolution proposed, (
  4. f)that he or she will be given a reasonable period of time to consider whether to elect to accept the proposed solution, and (
  5. g)that if the end-user does not elect to accept the resolution proposed within the period specified for the purposes of paragraph (f), the end-user shall be deemed to have rejected the proposed solution. Direction 49.
(1)Where the Commission is satisfied that a provider has failed to comply with a proposed resolution that is binding upon it by virtue of section 47
(2), the Commission may serve a direction on the provider requiring the provider to take such measures to ensure compliance with the resolution as are specified in the direction.
(2)Without prejudice to the generality of subsection
(1), a direction may require all or any of the following: (
  1. a)the reimbursement of payments by a provider to an end-user; (
  2. b)payment of compensation by a provider to an end-user; (
  3. c)payment by a provider in settlement of losses suffered by an end-user; (
  4. d)where the Commission is satisfied that the conditions, requirements or circumstances permitting such termination have been met, the termination of a contract between a provider and an end-user without the end-user incurring further costs; (
  5. e)the giving of an apology by a provider to an end-user; (
  6. f)the giving of an explanation by a provider to an end-user for any matter giving rise to a complaint; (
  7. g)compliance with a term or condition of the contract between the provider and the end-user; (
  8. h)compliance with a legal obligation pursuant to the law relevant to the relevant dispute.
(3)The maximum amount of compensation that a provider may be directed to pay to any end-user under this section shall be €5,000 or such other lesser or greater amount as the Minister may prescribe. Disputes involving parties in more than one Member State
  1. Where a person refers a relevant dispute to the Commission under section 47 that involves parties in different Member States the Commission shall coordinate its efforts with any relevant regulatory authority in the other Member States with a view to bringing about a resolution of the dispute. Remuneration and expenses of person appointed by Commission to carry out dispute resolution process
  2. The Commission may pay such remuneration and expenses to an independent person appointed by the Commission referred to in section 47
(1)as it considers appropriate and the amount of such payments shall be included in the expenses of the Commission for the purpose of section 30 of the Principal Act. Enforcement 52.
(1)The following provisions are regulatory provisions: (a) section 41
(1). (b) subsections
(1)and
(2)of section 42 ; (
  1. c)section 43 ; (
  2. d)section 45 .
(2)A provider that fails to comply with— (a) a requirement under section 41
(2). (b) an obligation to take a measure prescribed by a regulation under section 41
(3)that is stated in the regulations to be a penal provision, (c) subsections
(1)and
(2)of section 42 , (d) a direction under section 42
(4). (
  1. e)section 43 (a). (
  2. f)a requirement under section 44 , (
  3. g)a direction under section 46 , or (
  4. h)a direction under section 49 , commits an offence and is liable on summary conviction to a class A fine.
(3)In proceedings for the prosecution of an offence consisting of a failure to comply with section 43 it is a defence for a provider to show that it took all reasonable steps and exercised all due diligence to avoid committing the offence. Commission to be listed as alternative dispute resolution entity 53.
(1)The Competition and Consumer Protection Commission shall, notwithstanding paragraph
(1)of Regulation 8 of the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 ( S.I. No. 343 of 2015 ) (referred to in this section as the “Regulations of 2015”) add the Commission to the list of ADR entities established and maintained by it under that Regulation.
(2)The Regulations of 2015 do not apply to an ADR process conducted by the Commission or a person appointed by the Commission under section 47 . Procedure under this Part without prejudice to other remedies
  1. This Part is without prejudice to an end-user’s right to pursue a dispute to which this section applies by other legal means or proceedings. Application of Universal Service Regulations to certain disputes
  2. Where on the coming into operation of this section, a dispute is before the Commission, or an independent person, for resolution in accordance with Regulation 27
(4)of the Universal Service Regulations then, notwithstanding any repeal of the Universal Service Regulations, those Regulations shall continue to apply in respect of such a dispute. Continuation of measures under Universal Services Regulations 56.
(1)Any measure that is in force under Regulation 27 of the Universal Services Regulations on the coming into operation of this section shall continue in force and be deemed to have been made under, and in accordance with, this Part.
(2)Without prejudice to the generality of subsection
(1), for the purposes of this section “measure” includes any decision, specification, requirement, direction, notification and notice, and any other act of an equivalent nature. PART 6 Interim Measures Urgent interim measures 57.
(1)The Commission may, at any time where it has evidence of a breach of a regulatory provision or a breach of conditions, or of a substantial risk that either such breach will take place, that— (
  1. a)represents an immediate and serious threat to public safety, public security or public health, or (
  2. b)risks creating serious economic or operational problems for other providers or users of electronic communications networks or services or other users of the radio spectrum, impose urgent interim measures (referred to in this Act as “urgent interim measures”) to remedy the breach or the risk of the breach.
(2)The urgent interim measures that the Commission may impose in accordance with subsection
(1)may include a requirement— (
  1. a)that the suspected breach cease and that specified measures be taken to remedy the suspected breach, or (
  2. b)in the case of an anticipated breach, that specified measures be taken to prevent the breach from taking place, immediately or within a reasonable time limit.
(3)Where the Commission imposes urgent interim measures it shall serve a notice in writing (referred to in this Act as an “urgent interim measures notice”) on the person suspected of the breach or, as the case may be, the anticipated breach.
(4)An urgent interim measures notice shall— (a) identify the evidence referred to in subsection
(1). (
  1. b)specify the suspected, or anticipated, regulatory breach or breach of conditions, (
  2. c)identify any suspected breach that is required to cease, (
  3. d)specify any measure that is required to be taken to remedy the suspected breach concerned or to prevent the anticipated breach from taking place, (
  4. e)specify any date or time by which the breach is to cease or any measure is to be taken, and (
  5. f)be signed and dated by the Commission.
(5)An urgent interim measure shall take effect on such date as the Commission specifies in the notice.
(6)The Commission shall, subject to subsection
(8), allow a reasonable period, having regard to the urgency of the measures and the particular circumstances, before an urgent interim measure takes effect to enable the person to whom the measure is directed to make written submissions to the Commission in relation to the measure including any remedies that the person concerned may wish to propose.
(7)A person to whom an urgent interim measure is directed may, within the period specified in the urgent interim measures notice, or where the measure is varied within the period specified in the notice of such variation, make written submissions to the Commission in relation to the measure or the variation of the measure.
(8)Exceptionally, and in circumstances of extreme urgency, the Commission may specify that an urgent interim measure take effect without the person to whom it is directed having an opportunity to make submissions and where the Commission does so it shall provide the person with an opportunity to make such submissions as soon as possible after the measure takes effect.
(9)Where the Commission receives written submissions in accordance with subsection
(7)or
(8)in relation to an urgent interim measure it shall— (
  1. a)consider such submissions, and (
  2. b)by notice in writing to each person on which the urgent interim measures notice was served, confirm, revoke or vary the urgent interim measure.
(10)Subject to subsection
(11)and to any order made by the High Court on an appeal under section 105 an urgent interim measure shall remain in effect until the earlier of— (
  1. a)such date as the Commission may specify in the urgent interim measures notice, and (
  2. b)the expiry of a period of 3 months beginning on the date on which the measure first came into effect.
(11)The Commission may by notice in writing to each person on which the urgent interim measures notice was served, in circumstances where enforcement procedures have not been completed, extend the period during which an urgent interim measure remains in force up to a maximum period of 6 months beginning on the date on which the measure first came into effect.
(12)Where there is a material change of circumstances while an urgent interim measure is in effect a person to whom the measure is directed may make representations to the Commission to have the measure varied or revoked.
(13)The Commission may vary or revoke an urgent interim measure at any time by notice in writing to the person on whom the urgent interim measures notice was served, setting out how the measure is to be varied or stating that the measure is to be revoked and stating the date on which such variation or revocation is to take effect.
(14)An urgent interim measures notice shall cease to have any effect if it is revoked by the Commission.
(15)A person to whom an urgent interim measures notice is directed shall comply with any urgent interim measures contained in such notice.
(16)Where a person fails to comply with an urgent interim measure the Commission may apply to the High Court for an order compelling compliance.
(17)Where an urgent interim measure— (
  1. a)requires the cessation of a breach that constitutes a criminal offence, or (
  2. b)requires a person to do something in circumstances where a failure to do the thing required constitutes a criminal offence, and the Commission has— (
  3. i)brought proceedings in respect of such offence, or (
  4. ii)given a notice under section 44 of the Principal Act in respect of such offence, the Commission shall not make an application for an order under subsection
(16)compelling compliance with the urgent interim measures notice.
(18)A person to whom an urgent interim measure is directed may appeal the measure in accordance with Chapter 8 of Part 7 .
(19)Where the Commission imposes urgent interim measures under this section in relation to a suspected regulatory breach that is the subject of an investigation by an authorised officer, the authorised officer shall, as soon as reasonably practicable thereafter, conclude the investigation and determine whether or not to serve a notice of suspected non-compliance within the meaning of Part 7 . Imposition of urgent interim measures by High Court 58.
(1)The High Court may, on an application to it in that behalf, where it is satisfied that a person is— (
  1. a)committing a regulatory breach, or (
  2. b)engaging in conduct which may give rise to a regulatory breach, that gives rise to a serious risk of— (
  3. i)irreparable harm to public safety, public security, public health, competition or the rights of end-users, or (
  4. ii)substantial economic or operational difficulties for other providers or users of electronic communications networks or services or other users for radio spectrum, by order require that, on the expiry of any specified urgent interim measure imposed by the Commission under section 57 , the breach or conduct cease immediately or within a reasonable time period and that specified measures be taken to remedy the breach or the effects of the conduct concerned.
(2)The High Court may in particular— (
  1. a)make an order on the same or similar terms as an urgent interim measures notice under section 57 that has expired or is to expire, or (
  2. b)extend urgent interim measures imposed under section 57 for a period beyond the period referred to in subsection
(11)of that section. PART 7 Administrative Sanctions Chapter 1 Interpretation and application of Part 7 Interpretation (Part 7) 59. In this Part— “Act of 2002” means the Competition Act 2002 ; “adjudication” means— (
  1. a)a decision by an adjudicator under section 90 , and (
  2. b)any decision of the adjudicator under section 91 on foot of that decision, or either such decision; “adjudicator” has the meaning given to it by section 76 ; “administrative sanction” means— (
  3. a)a requirement to cease a regulatory breach or to take specified measures to remedy the breach, (
  4. b)a requirement to pay a financial penalty, refund or compensation, or (
  5. c)the withdrawal or suspension of authorisation or rights of use, imposed under section 91 and “administrative sanctions proceedings” shall be interpreted accordingly; “appeal” means an appeal under Chapter 8; “authorised officer” shall be construed in accordance with section 39 of the Principal Act; “commercially sensitive information” means information the disclosure of which could reasonably be expected to— (
  6. a)substantially and materially prejudice the commercial or industrial interests of— (
  7. i)the person required to provide the information, (
  8. ii)another person, or (iii) a class of persons in which a person referred to in subparagraph (
  9. i)or (
  10. ii)falls, (
  11. b)substantially prejudice the competitive position of a person in the conduct of the person’s business, profession or occupation, or (
  12. c)substantially prejudice the financial position of— (
  13. i)the State, (
  14. ii)a Department of State, (iii) the Garda Síochána, (
  15. iv)the Permanent Defence Force within the meaning of the Defence Act 1954 , (
  16. v)a local authority within the meaning of the Local Government Act 2001 , or (
  17. vi)a body established by or under any enactment or charter other than the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act; “licence” means a licence granted under section 5 of the Act of 1926 to keep and have possession of apparatus for wireless telegraphy for the provision of an electronic communications network or service and which grants a right of use for radio spectrum; “notice of suspected non-compliance” has the meaning given to it by section 63 ; “notified person” means a person on whom a notice of suspected non-compliance has been served; “referral report” has the meaning given to it by section 70 . Regulatory provisions and power of Minister to apply Part to certain breaches 60.
(1)In this Part, “regulatory provision” means any of the following: (
  1. a)a provision of this Act that is stated in this Act to be a regulatory provision; (
  2. b)the Code Regulations; (
  3. c)an Act or a provision of an Act (other than this Act) that is stated in such Act to be a regulatory provision for the purposes of this Part; (
  4. d)regulations or a provision of regulations made by the Minister prescribed by the Minister as a regulatory provision for the purposes of this Part; (
  5. e)an act, or provision of an act, adopted by an institution of the European Union, prescribed by the Minister as a regulatory provision for the purposes of this Part; (
  6. f)a decision or action of the Commission (referred to in this section as a “regulatory decision”) the effect of which is to require a person to do, or refrain from doing, something and including the making of a requirement or direction, the imposition of an obligation, the designation of a person or thing, the determination that certain provisions apply to a person or thing, the making of a specification (including the specification of a standard) and the giving of notice, or the notification of, such a requirement, under— (
  7. i)this Act, (
  8. ii)the Code Regulations, (iii) an Act, or a provision of an Act, referred to in paragraph (c). (
  9. iv)a regulation, or a provision of regulations, referred to in paragraph (d), or (
  10. v)an act, or provision of an act, referred to in paragraph (e). (
  11. g)a condition or restriction of a licence granted to a provider under section 5 of the Act of 1926.
(2)The Minister may when making regulations under any Act, in order to ensure that the penalties provided for the breach of such regulations, or any decision made under such regulations, are appropriate, effective, proportionate and dissuasive, apply the provisions of this Part to a breach of any provision of such regulations, and any regulatory decision made under such regulations, and may, for that purpose, state in such regulations that the regulations or any provision thereof is a regulatory provision for the purposes of this Part.
(3)The Minister may, in order to ensure that the penalties provided for the breach of such act or decision are appropriate, effective, proportionate and dissuasive, apply the provisions of this Part to a breach of any provision of an act adopted by an institution of the European Union, and any regulatory decision made under such act, and may, for that purpose prescribe such act or any provision of such act as a regulatory provision for the purposes of this Part. Application of Part 61.
(1)This Part applies in respect of a licence notwithstanding anything to the contrary in— (
  1. a)the Act of 1926, (
  2. b)any Regulations made under section 6 (inserted by section 182 of, and Schedule 2 to, the Broadcasting Act 2009 ) of the Act of 1926, and (
  3. c)the licence itself.
(2)This Part is without prejudice to any power of the Commission to suspend or withdraw general authorisation or rights of use for radio spectrum or rights of use for numbering resources. Chapter 2 Preliminary procedure Power of Commission to resolve suspected regulatory breach, etc. 62.
(1)Where the Commission suspects on reasonable grounds that a person has committed or is committing a regulatory breach it may enter into an agreement in writing with the person to resolve the matter.
(2)Such an agreement is to be on such terms as are specified in the agreement and is binding on the Commission and the person concerned.
(3)The terms of such an agreement may include terms under which that person accepts the imposition of administrative sanctions.
(4)The Commission may enter into an agreement under this section— (
  1. a)without any investigation into the matter taking place under this Act, or (
  2. b)after beginning such an investigation, as long as an adjudicator has not made a decision in respect of the matter under section 90 .
(5)Where a person with whom the Commission has entered into an agreement under this section fails to comply with any of the terms of the agreement, the Commission may apply to the High Court for an order under subsection
(6).
(6)If satisfied on application to it under subsection
(5)that the person concerned has failed to comply with any of the terms of the agreement under this section, the High Court may make an order requiring that person to comply with those terms or that term, as the case may be.
(7)The Commission may, by proceedings brought in a court of competent jurisdiction, recover as a debt due to the Commission the amount of any amount agreed to be paid under an agreement entered into under this section. Notice of suspected non-compliance 63.
(1)In this Act, “notice of suspected non-compliance” means a notice in writing informing the person on whom it is served of the details of a regulatory breach of which the person is suspected.
(2)Where an authorised officer suspects on reasonable grounds that a person has committed or is committing a regulatory breach that does not constitute a criminal offence the authorised officer may serve a notice of suspected non-compliance on the person.
(3)Where an authorised officer suspects on reasonable grounds that a person has committed or is committing a regulatory breach that constitutes a criminal offence, the authorised officer may serve a notice of suspected non-compliance on the person if— (
  1. a)the offence is an offence that may be prosecuted summarily by the Commission and the Commission has elected not to prosecute the offence, or (
  2. b)the authorised officer refers the matter to the Director of Public Prosecutions and the Director of Public Prosecutions has not commenced criminal proceedings in respect of the regulatory breach.
(4)A notice of suspected non-compliance shall be in such form as the Commission may specify, and shall— (
  1. a)inform the notified person that the authorised officer suspects that the person has committed or is committing a regulatory breach, (
  2. b)set out the grounds for the authorised officer’s suspicion in sufficient detail to allow the notified person to fully respond to the notice of suspected non-compliance in accordance with subsection
(6), and (c) inform the notified person of its right to make submissions under subsection
(6), and the period within which that right may be exercised.
(5)The authorised officer shall, as soon as is practicable after issuing the notice of suspected non-compliance, serve on the notified person a copy of, or access to, any material relied upon by the authorised officer for the purpose of issuing the notice of suspected non-compliance, subject to such redactions as the authorised officer may consider necessary and appropriate in order to protect the rights of the parties or any other person, to protect commercially sensitive information, or for any other good and sufficient reason.
(6)Subject to subsection
(7), a notified person may, within such period as is specified in the notice, make written submissions to the authorised officer on the notice of suspected non-compliance.
(7)Notwithstanding the period specified in the notice of suspected non-compliance in accordance with subsection
(4)(c), the authorised officer may, where it is appropriate to do so in the circumstances of the case, extend the period within which written submissions may be made and shall notify the notified person in writing of the extended period. Supplementary notice of suspected non-compliance 64.
(1)Where an authorised officer, having served a notice of suspected non-compliance, identifies— (
  1. a)new or different points of fact or law, or new evidence, having a material impact on its analysis or the grounds set out in the notice of suspected non-compliance, or (
  2. b)any error or inaccuracy in the notice of suspected non-compliance, the authorised officer shall serve a notice (referred to in this Act as a “supplementary notice of suspected non-compliance”) on each notified person.
(2)A supplementary notice of suspected non-compliance shall— (
  1. a)be in such form as the Commission may specify, (
  2. b)summarise the new or different points of fact or law or new evidence that have been identified by the authorised officer and the material impact of such points of fact or law or such evidence on the analysis or the grounds set out in the notice of suspected non-compliance of the authorised officer, and (
  3. c)inform the notified person of its right to make written submissions under subsection
(3), and specify the period within which that right may be exercised.
(3)Subject to subsection
(4), the notified person on which a supplementary notice of suspected non-compliance is served may, within such period as is specified in the supplementary notice, make written submissions to the authorised officer on the supplementary notice of suspected non-compliance.
(4)Notwithstanding the period specified in the supplementary notice of suspected non-compliance in accordance with subsection
(3), the authorised officer may, where it is appropriate to do so in the circumstances of the case, extend the period within which the notified person may make written submissions in accordance with that subsection and shall notify each notified person in writing of the extended period. Commission may revoke notice of suspected non-compliance, etc.
  1. The Commission may revoke a notice of suspected non-compliance or a supplementary notice of suspected non-compliance. Commission may publish notice of suspected non-compliance, etc.
  2. The Commission may (save where such publication would, in the opinion of the Commission, prejudice the achievement of the objectives of this Act) publish a notice of suspected non-compliance or a supplementary notice of suspected non-compliance on the website of the Commission, with due regard for the protection of commercially sensitive information. Commitments 67.
(1)A notified person may at any time prior to the date on which an adjudicator makes a decision under section 90 in relation to the regulatory breach specified in a notice of suspected non-compliance (referred to in this section as the “relevant breach”), propose to the Commission in writing measures to appropriately address the breach.
(2)Where the Commission receives a proposal under subsection
(1), it may— (
  1. a)consult to the extent that it sees fit in relation to the proposal, including consulting publicly or consulting other persons, (
  2. b)where it is of the opinion that it requires further information in order to consider the proposal, by notice in writing served on the person that made the proposal, require the person to give to it within a specified period specified information, and (
  3. c)where it considers it necessary to do so, at any time before the proposal is made the subject of a commitment, propose to the person modifications, alterations, additions or other changes to the proposal.
(3)Where the Commission is satisfied that the terms of the proposal (subject to any modifications, alterations, additions or other changes made to the proposal under subsection
(2))— (
  1. a)appropriately address the relevant breach, and (
  2. b)are clear and unambiguous and capable of being complied with, it may notify the person in writing that it is willing to accept a commitment from the person in relation to the proposal.
(4)Where a person enters into a commitment with the Commission in accordance with this section (referred to in this Act as a “commitment”), the Commission shall publish the commitment (save where such publication would, in the opinion of the Commission, prejudice the achievement of the objectives of this Act) on the website of the Commission, with due regard for the protection of commercially sensitive information, as soon as practicable after the notified person has entered into the commitment.
(5)The Commission shall not take any further step in administrative sanctions proceedings in relation to the relevant breach as long as it is satisfied that— (
  1. a)the notified person is in compliance with the commitment, and (
  2. b)that the information submitted by the notified person at the time it entered into the commitment was not incomplete, incorrect, false, or misleading in a material respect.
(6)A commitment may be amended or terminated where both the notified person and the Commission agree to the amendment or termination.
(7)Where the Commission is no longer satisfied that a notified person is in compliance with a commitment it shall notify the person that it intends to take further steps in the administrative sanctions proceedings and afford the person an opportunity to make submissions in relation to its compliance with the commitment. Settlements 68.
(1)An authorised officer may, with the approval of the Commission, at any time prior to the date on which an adjudicator makes a decision under section 90 in relation to the regulatory breach specified in a notice of suspected non-compliance agree a settlement with a notified person.
(2)An authorised officer may at any time refer a proposed settlement to the Commission for its approval.
(3)Where the Commission approves a settlement with a notified person, the authorised officer shall— (
  1. a)prepare a report containing at least the following: (
  2. i)a summary of the facts of the case; (
  3. ii)the regulatory breach alleged against the notified person; (iii) details of any administrative sanction to be imposed on the notified person as part of the settlement; (
  4. iv)a statement that the Commission and the notified person consent to the imposition of the administrative sanction referred to in subparagraph (iii); and (
  5. v)details of any other measures agreed to be taken either by the Commission or by the notified person on foot of the settlement agreement, (
  6. b)give a copy of the report referred to in paragraph (
  7. a)to the notified person, and (
  8. c)subject to subsection
(4), refer the matter to an adjudicator for an adjudication on consent.
(4)Where at the time the notified person is given a copy of the report in accordance with subsection
(3)(
  1. b)where the matter has been referred for adjudication under section 69 (b)— (
  2. a)the authorised officer shall notify the adjudicator concerned of the withdrawal of the referral under section 69 (b), and (
  3. b)the matter shall be deemed to have been referred to an adjudicator under subsection
(3)(c) for an adjudication on consent.
(5)Where, following the confirmation of an adjudication on consent under section 109
(1)the notified person fails to comply with any of the terms of the settlement, the Commission may apply to the High Court for an order under subsection
(6).
(6)If satisfied on application to it under subsection
(5)that a notified person has failed to comply with an adjudication on consent confirmed under section 109
(1), the High Court may make an order requiring that person to comply with the adjudication.
(7)The Commission may, by summary proceedings brought in a court of competent jurisdiction, recover as a debt due to the Commission any amount agreed to be paid by the notified person as part of a settlement confirmed by an order of the Court under section 109
(1). Actions by authorised officer following investigation 69. An authorised officer, having investigated a suspected regulatory breach, may, subject to section 68 and with the consent of the Commission— (
  1. a)close the investigation and not take any further action in respect of the matter, or (
  2. b)where the authorised officer suspects on reasonable grounds that the notified person has committed or is committing a regulatory breach, refer the matter in accordance with section 71 for adjudication. Referral report 70. Prior to referring a matter for adjudication an authorised officer shall prepare a report (referred to in this Act as a “referral report”) containing— (
  3. a)a detailed description of the relevant facts of the case, (
  4. b)details of the regulatory breach concerned, (
  5. c)an outline of the facts and evidence on which the authorised officer is relying for the purpose of referring the matter to the Commission for adjudication, (
  6. d)a summary of any submissions made by the notified person to the authorised officer during the investigation, including in response to the notice of suspected non-compliance or any supplementary notice of suspected non-compliance, (
  7. e)the authorised officer’s assessment of the extent to which the notified person cooperated with the investigation, and (
  8. f)any other information that the authorised officer considers to be relevant to an adjudication. Referral of matter by authorised officer to adjudicator for adjudication 71.
(1)Where an authorised officer refers a matter for adjudication he or she shall provide the adjudicator with— (
  1. a)the notice of suspected non-compliance served by the authorised officer under section 63 , and any supplementary notice of suspected non-compliance served by the authorised officer under section 64 , (
  2. b)the referral report, (
  3. c)a copy of all material relied upon by the authorised officer in forming his or her opinion, and (
  4. d)any submissions made by the notified person during the investigation.
(2)An authorised officer shall, as soon as is practicable after providing an adjudicator with the information specified in subsection
(1), give the notified person— (
  1. a)a copy of the referral report, and (
  2. b)a copy of, or access to, any material (other than material that has already been provided to the notified person) relied upon by the authorised officer for the purpose of referring the matter for adjudication, subject to such redactions as the authorised officer considers necessary and appropriate in order to protect the rights of the parties or any other person, to protect commercially sensitive information, or for any other good and sufficient reason. Withdrawal by Commission of matter referred to adjudicator 72.
(1)A referral under section 68
(3)(c) or section 69 may be withdrawn by the Commission at any time before the adjudicator makes an adjudication or, as the case may be, an adjudication on consent.
(2)Where a referral is withdrawn under this section, the adjudicator shall— (
  1. a)notify the notified person of the withdrawal, and (
  2. b)take no further action in relation to the matter. Power of Commission to share certain documents 73.
(1)The Commission may provide a copy of any notice or document referred to in section 63 , 64 , 71 or 83 to such other persons as the Commission considers appropriate, subject to such redactions as the Commission considers appropriate.
(2)A person that is provided with a copy of a notice or document under subsection
(1)subject to redactions may appeal against the decision of the Commission to make such redactions— (
  1. a)within 14 days of the date of service the copy of the notice or document, and (
  2. b)by application to the adjudicator to whom the matter has been referred under section 71 .
(3)A person who receives— (a) a copy of a document referred to in subsection
(1), or (b) copies of materials under section 63
(5)or section 71
(2). shall not, without the prior authorisation of the Commission, disclose the existence or the content of the document or materials to any other person.
(4)A person who contravenes subsection
(3)commits an offence and is liable on summary conviction to a class A fine. Regulations and rules relating to referrals to adjudicator 74.
(1)The Minister may prescribe the procedure for— (a) making a referral under section 68
(3)(c). (
  1. b)withdrawing a referral under section 72 , and (
  2. c)making an application for an adjudication on consent under section 109
(1).
(2)The Commission may, subject to this Act and to any regulations made under subsection
(1), make rules detailing the procedure for— (a) making a referral under section 68
(3)(c). (
  1. b)withdrawing a referral under section 72 , and (
  2. c)making an application for an adjudication on consent under section 109
(1). Chapter 3 Adjudicators Nomination of adjudicators 75.
(1)The Commission shall nominate persons who may be appointed by the Minister under section 76 .
(2)The Commission may nominate persons under subsection
(1), including members of the Commission, employees and members of staff of the Commission,who have, in the opinion of the Commission, sufficient relevant expertise to merit such appointment whether or not the persons are members or employees of the Commission.
(3)The Minister shall, in a manner ensuring the independence of adjudicators in the performance of their functions, prescribe categories of persons who may be nominated and criteria, including requirements and qualifications, by which to determine whether or not a person is eligible to be nominated by the Commission for appointment by the Minister as adjudicators (including a Chief Adjudicator). Appointment of adjudicators 76.
(1)The Minister shall appoint persons (referred to in this Act as “adjudicators”) to make adjudications.
(2)The Minister shall appoint a person nominated by the Commission under section 75 unless the Minister— (
  1. a)is not satisfied that the nominated person meets the requirements and qualifications prescribed by the Minister, or (
  2. b)considers that the nominated person does not have the independence necessary to be appointed as an adjudicator.
(3)The Commission shall appoint one of the adjudicators appointed under this section to be the Chief Adjudicator.
(4)Nothing in this Act or the Act of 2002 or in any regulations made under either Act shall prevent— (
  1. a)the Minister appointing, under and in accordance with this section, as an adjudicator a person who is, on the nomination of the Commission, appointed as an adjudication officer or Chief Adjudication Officer under the Act of 2002, or (
  2. b)a person who i

🔗 To official source

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.