Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023

Regulatory provisions and power of Minister to apply Part to certain breaches

60. (1) In this Part, “regulatory provision” means any of the following:

(a) a provision of this Act that is stated in this Act to be a regulatory provision;

(b) the Code Regulations;

(c) an Act or a provision of an Act (other than this Act) that is stated in such Act to be a regulatory provision for the purposes of this Part;

(d) regulations or a provision of regulations made by the Minister prescribed by the Minister as a regulatory provision for the purposes of this Part;

(e) an act, or provision of an act, adopted by an institution of the European Union, prescribed by the Minister as a regulatory provision for the purposes of this Part;

(f) a decision or action of the Commission (referred to in this section as a “regulatory decision”) the effect of which is to require a person to do, or refrain from doing, something and including the making of a requirement or direction, the imposition of an obligation, the designation of a person or thing, the determination that certain provisions apply to a person or thing, the making of a specification (including the specification of a standard) and the giving of notice, or the notification of, such a requirement, under—

(i) this Act,

(ii) the Code Regulations,

(iii) an Act, or a provision of an Act, referred to in paragraph (c).

(iv) a regulation, or a provision of regulations, referred to in paragraph (d), or

(v) an act, or provision of an act, referred to in paragraph (e).

(g) a condition or restriction of a licence granted to a provider under section 5 of the Act of 1926.

(2) The Minister may when making regulations under any Act, in order to ensure that the penalties provided for the breach of such regulations, or any decision made under such regulations, are appropriate, effective, proportionate and dissuasive, apply the provisions of this Part to a breach of any provision of such regulations, and any regulatory decision made under such regulations, and may, for that purpose, state in such regulations that the regulations or any provision thereof is a regulatory provision for the purposes of this Part.

(3) The Minister may, in order to ensure that the penalties provided for the breach of such act or decision are appropriate, effective, proportionate and dissuasive, apply the provisions of this Part to a breach of any provision of an act adopted by an institution of the European Union, and any regulatory decision made under such act, and may, for that purpose prescribe such act or any provision of such act as a regulatory provision for the purposes of this Part.