S.I. No. 398/1994 - European Communities (Telecommunications Services) (Appeals) Regulations, 1994.

S.I. No. 398 of 1994.

EUROPEAN COMMUNITIES (TELECOMMUNICATIONS SERVICES) (APPEALS) REGULATIONS, 1994.

I, BRIAN COWEN, Minister for Transport, Energy and Communications, in exercise of the powers conferred on me by subsection (7) (inserted by the European Communities (Telecommunications Services) Regulations, 1992 ( S.I. No. 45 of 1992 )) of section 111 of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983), as adapted by the Tourism, Transport and Communications (Alteration of Name of Department and Title of Minister) Order, 1993 ( S.I. No. 17 of 1993 ) hereby, with the consent of the Minister for Justice, make the following Regulations:

1. These Regulations may be cited as the European Communities (Telecommunications Services) (Appeals) Regulations, 1994.

2. In these Regulations—

"appeal" means an appeal pursuant to subsection (7) (inserted by the European Communities (Telecommunications Services) Regulations, 1992 ( S.I. No. 45 of 1992 )) of section 111 of the Postal and Telecommunications Services Act, 1983 , (No. 24 of 1983) against, a refusal of the Minister to grant a licence, a decision to revoke or a decision to suspend, a licence under that Act;

"appellant" means the person making the appeal;

"District Court" means the District Court for the district court area in which the appellant ordinarily resides or carries on business and "Clerk of the District Court" shall be construed accordingly.

3. An appeal may be made at any sitting of the District Court.

4. (1) An appeal shall be preceded by a notice, in the form set out in the Schedule to these Regulations or in a form to the like effect, signed by the appellant or by his solicitor.

(2) A notice referred to in paragraph (1) of this Regulation shall be served on the Minister at least 21 days before the date of the hearing of the appeal.

(3) A copy of a notice referred to in paragraph (1) of this Regulation together with a statutory declaration of service thereof shall be lodged with the Clerk of the District Court at least 7 days before the date of the hearing of the appeal.

SCHEDULE

Notice of Appeal

Postal and Telecommunications Services Act, 1983 , section 111 (7) (b)

TAKE NOTICE THAT, I,            of              being aggrieved by the (refusal by the Minister for Transport, Energy and Communications to grant a licence)* (decision by the Minister for Transport, Energy and Communications to revoke a licence)* (decision by the Minister for Transport, Energy and Communications to suspend a licence)* hereby appeal against such (refusal)* (decision)* to the Judge sitting at the District Court to be held on the   day of         ,     .

Dated this    day of           ,   .

To the District Court Clerk at

To the Minister for Transport, Energy and Communications, Clare Street, Dublin 2.

*Delete where not applicable.

GIVEN under my Official Seal, this 29th day of November, 1994.

BRIAN COWEN,

Minister for Transport, Energy and Communications.

The Minister for Justice hereby consents to the making of the forgoing Regulations.

Dated this 30th day of November, 1994.

MÁIRE GEOGHEGAN-QUINN,

Minister for Justice.

EXPLANATORY NOTE.

The purpose of these Regulations is to set out the prescribed procedure to be followed in an appeal to the District Court where an application for a licence under Section 111 (2A) of the Postal and Telecommunications Services Act, 1983 , as amended, is refused or a licence granted under that Section of the Act is suspended or revoked.