Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023
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PART 7 Administrative Sanctions | ||
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Chapter 1 Interpretation and application of Part 7 | ||
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Interpretation (Part 7) | ||
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59. In this Part— | ||
“Act of 2002” means the Competition Act 2002 ; | ||
“adjudication” means— | ||
(a) a decision by an adjudicator under section 90 , and | ||
(b) any decision of the adjudicator under section 91 on foot of that decision, | ||
or either such decision; | ||
“adjudicator” has the meaning given to it by section 76 ; | ||
“administrative sanction” means— | ||
(a) a requirement to cease a regulatory breach or to take specified measures to remedy the breach, | ||
(b) a requirement to pay a financial penalty, refund or compensation, or | ||
(c) the withdrawal or suspension of authorisation or rights of use, | ||
imposed under section 91 and “administrative sanctions proceedings” shall be interpreted accordingly; | ||
“appeal” means an appeal under Chapter 8; | ||
“authorised officer” shall be construed in accordance with section 39 of the Principal Act; | ||
“commercially sensitive information” means information the disclosure of which could reasonably be expected to— | ||
(a) substantially and materially prejudice the commercial or industrial interests of— | ||
(i) the person required to provide the information, | ||
(ii) another person, or | ||
(iii) a class of persons in which a person referred to in subparagraph (i) or (ii) falls, | ||
(b) substantially prejudice the competitive position of a person in the conduct of the person’s business, profession or occupation, or | ||
(c) substantially prejudice the financial position of— | ||
(i) the State, | ||
(ii) a Department of State, | ||
(iii) the Garda Síochána, | ||
(iv) the Permanent Defence Force within the meaning of the Defence Act 1954 , | ||
(v) a local authority within the meaning of the Local Government Act 2001 , or | ||
(vi) a body established by or under any enactment or charter other than the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act; | ||
“licence” means a licence granted under section 5 of the Act of 1926 to keep and have possession of apparatus for wireless telegraphy for the provision of an electronic communications network or service and which grants a right of use for radio spectrum; | ||
“notice of suspected non-compliance” has the meaning given to it by section 63 ; | ||
“notified person” means a person on whom a notice of suspected non-compliance has been served; | ||
“referral report” has the meaning given to it by section 70 . |