Competition (Amendment) Act 2022
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Insertion of sections 40A and 40B in Communications Regulation Act 2002 | ||
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41. The Communications Regulation Act 2002 is amended by the insertion of the following sections after section 40: | ||
“Search warrants in relation to certain competition law matters | ||
40A. Subject to section 40B, if a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of an offence under the Competition Act 2002 or an infringement, whether or not the infringement is criminal in nature, of relevant competition law (within the meaning of the Competition Act 2002 ) is to be found in any place, the judge may issue a warrant authorising an authorised officer, accompanied if the officer considers it necessary by other authorised officers or members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter and search the place using reasonable force where necessary, and exercise all or any of the powers conferred on an authorised officer under section 39(3B). | ||
Search warrants relevant to assisting the European Commission with an inspection | ||
40B. Where an authorised officer provides information on oath to a judge of the District Court for the purpose of a warrant being issued in relation to an inspection referred to in paragraph (d) of section 39(3A)— | ||
(a) the information on oath so provided shall include— | ||
(i) a statement to the effect that the information on oath is being provided in relation to an inspection referred to in paragraph (d) of section 39(3A), and | ||
(ii) sufficient information to allow the judge of the District Court to discharge his or her functions under the Regulation of 2003, | ||
(b) before issuing the warrant, the judge of the District Court shall— | ||
(i) where the warrant would, if issued, authorise the authorised officer to exercise powers under section 39(3B) in relation to any place or land other than that referred to in subparagraph (ii), including the home or private vehicle of a director, manager or any member of staff of an undertaking, have regard to the matters referred to in Article 21(3) of the Regulation of 2003, and | ||
(ii) where the warrant would, if issued, authorise the authorised officer to exercise powers under section 39(3B) in relation to any place or land of an undertaking or association of undertakings, have regard to the matters referred to in Article 20(8) of the Regulation of 2003, | ||
and | ||
(c) the judge of the District Court, shall, where he or she is satisfied as regards the matters referred to in Article 20(8) or 21(3) of the Regulation of 2003, as the case may be, issue a warrant authorising an authorised officer, accompanied if the officer considers it necessary by other authorised officers or members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter and search the place or land using reasonable force where necessary, and exercise all or any of the powers conferred on an authorised officer under section 39(3B).”. |