|
|
|
Directions - Regulations of 2011
|
| |
104. The Act of 2001 is amended by the insertion of the following section after section 45A:
|
|
| |
“45B. (1) Where the Commission either, on its own initiative or following a complaint, is of the opinion that daa has failed to comply with Regulation 6, 9, 10 or 11 of the Regulations of 2011, the Commission may issue a direction in writing to daa.
|
|
| |
(2) The direction shall—
|
|
| |
(a) state that the Commission is of the opinion that daa has failed to comply with Regulation 6, 9, 10 or 11 of the Regulations of 2011 and state the reason for that opinion,
|
|
| |
(b) specify the steps or measures to be taken by daa to remedy the failure concerned,
|
|
| |
(c) specify a period (ending not earlier than the end of the period within which an appeal may be made under subsection (7)) within which those steps or measures shall be taken,
|
|
| |
(d) include information regarding the making of an appeal under subsection (7), and
|
|
| |
(e) state that a failure to comply with the direction is an offence under subsection (12).
|
|
| |
(3) Daa may, within 14 days of the issue of the direction under subsection (1), make representations in writing to the Commission in relation to the direction.
|
|
| |
(4) The Commission shall, within 2 months of the receipt of representations under subsection (3), confirm, vary or withdraw the direction.
|
|
| |
(5) Daa shall notify the Commission in writing that the direction has been complied with, as soon as practicable after so complying, and in any case not later than 7 days after the end of the period specified in the direction.
|
|
| |
(6) The Commission shall, within one month of receipt of a notification under subsection (5), on being satisfied that daa has complied with the direction, give notice to daa confirming that compliance.
|
|
| |
(7) Daa may, within 21 days from the date the direction was issued under subsection (1), or confirmed or varied under subsection (4), appeal against the direction to the High Court.
|
|
| |
(8) Where daa makes an appeal under subsection (7), it shall at the same time notify the Commission of the appeal and the grounds for the appeal and the Commission shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.
|
|
| |
(9) The orders that may be made by the High Court on the hearing of an appeal under this section include (but are not limited to) one or more of the following:
|
|
| |
(a) an order affirming the direction, subject to such modifications, if any, as it considers appropriate;
|
|
| |
(b) an order setting aside the direction;
|
|
| |
(c) an order amending the direction.
|
|
| |
(10) Where an appeal under subsection (7) is made, the direction, as affirmed or amended by the Court, shall take effect on the later of—
|
|
| |
(a) the day next following the day on which the direction is affirmed or amended on appeal or the appeal is withdrawn, or
|
|
| |
(b) the date specified in the direction.
|
|
| |
(11) The Commission may withdraw a direction by notice in writing to daa.
|
|
| |
(12) Where daa fails to comply with a direction issued under subsection (1), daa commits an offence and is liable—
|
|
| |
(a) on summary conviction, to a class A fine,
|
|
| |
(b) on conviction on indictment, to a fine not exceeding €150,000.
|
|
| |
(13) Where daa has been convicted of an offence under subsection (12) and continues to fail to comply with the direction to which the offence relates, daa commits a further offence on each day that the failure to comply continues and for each such offence is liable on summary conviction to a class E fine.
|
|
| |
(14) Where a direction or notice is required to be given to daa under this section, the direction or notice shall be addressed to daa and shall be given in one of the following ways—
|
|
| |
(a) by delivering it to daa,
|
|
| |
(b) by leaving it at the address at which daa carries on business,
|
|
| |
(c) by sending it by post in a pre-paid registered letter addressed to daa at the address at which daa carries on business,
|
|
| |
(d) if an address for the service of a direction or notice has been furnished by daa, by leaving it at, or sending it by pre-paid registered letter addressed to daa to, that address,
|
|
| |
(e) by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which daa carries on business or, if an address for the service of a direction or notice by electronic mail or facsimile machine has been furnished by daa, that address:
|
|
| |
provided that—
|
|
| |
(i) the sender’s—
|
|
| |
(I) facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or
|
|
| |
(II) facsimile machine generates a message confirming successful transmission of the total number of pages of the direction or notice,
|
|
| |
and
|
|
| |
(ii) the direction or notice is also given in one of the other ways mentioned in any of the preceding paragraphs.
|
|
| |
(15) A copy of a direction or notice, which has endorsed on it a certificate purporting to be signed by a commissioner, the deputy commissioner or an officer of the Commission (authorised in that behalf by the Commission) stating that the copy is a true copy of the direction or notice may, without proof of signature of that person, be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the direction or notice.”.
|
