Criminal Justice Act 2013

Obligations of undertakings

25. (1) An undertaking that becomes aware that an authorisation is likely to be applied for, or that a direction is likely to be issued shall not—

(a) disclose that fact to any person, or

(b) permit that fact to be disclosed by any member of its staff to any person,

except in so far as may be necessary for the undertaking to take steps to ensure compliance by it with any direction that may be issued to it.

(2) An undertaking to which a direction is issued—

(a) shall comply with the direction,

(b) before the cessation period commences, shall not disclose, or permit to be disclosed by any member of its staff, to any person, the existence or content of the direction or an authorisation referred to in that direction, except in so far as may be necessary to ensure compliance with the direction, and

(c) following the commencement of the cessation period, shall not disclose, or permit to be disclosed by any member of its staff, to any person, the content of the direction or an authorisation referred to in that direction, except in so far as may be necessary to ensure compliance with the direction.

(3) An undertaking to which a direction is issued shall endeavour to continue to provide such a mobile communications service as is necessary to enable emergency service calls to be made and received in the geographical area and during the cessation period to which the direction relates, provided that the continued provision of such a service does not prevent the undertaking from ceasing to provide the mobile communications service, or the specific type of mobile communications service, specified in the direction.

(4) In this section, “emergency service calls” means calls to the emergency services including the Garda Síochána, a fire brigade service, an ambulance service, the boat and coastal service rescue services (including the rescue services provided by the Air Corps), the mountain and cave rescue services or a similar emergency service, using the National emergency call number 999 or the single European emergency call number 112, or such other number as may be specified for such purposes, and calls made by or on behalf of such emergency services in response to such calls.