Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023
|
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— | ||
(a) an undertaking within the meaning of the Principal Act, | ||
(b) an undertaking within the meaning of Regulation 2 of the Regulations of 2019, or | ||
(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— | ||
(a) a dispute between an end-user and a provider in relation to compensation payable under section 39 , | ||
(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), | ||
(c) a dispute between an end-user and an undertaking (within the meaning of Regulation 2 of the Regulations of 2019), | ||
(d) a dispute involving a consumer or end-user and concerning an issue falling within the scope of the Mobile Phone Roaming Regulation, | ||
(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, | ||
(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 | ||
(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 ). |