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

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Number 4 of 2023

COMMUNICATIONS REGULATION AND DIGITAL HUB DEVELOPMENT AGENCY (AMENDMENT) ACT 2023

CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation, construction and commencement

2. Interpretation

3. Regulations

4. Exercise of powers of authorised officers for purposes of Act

PART 2

Security of Networks and Services

5. Interpretation (Part 2)

6. Obligation on providers to take measures to manage risk

7. Security measures guidelines

8. Courts, etc. to have regard to security measures guidelines

9. Commission to have regard to security measures guidelines in connection with carrying out functions

10. Adjudicator to have regard to security measures guidelines in connection with carrying out functions

11. Providers to notify Commission of any incident of significant impact on networks or services

12. Providers to notify users of particular and significant threat of security incident

13. Commission to seek to ensure compliance by providers with Part 2

14. Power of Commission to serve security measures directions

15. Security audits

16. Assistance and information sharing

17. Appeal of decisions, etc. under Part 2, Part 4 or Code Regulations

18. Appeal to Court of Appeal from decision under section 17

PART 3

Security measures in respect of certain vendors

19. Interpretation (Part 3)

20. Critical components

21. Minister to assess likelihood of vendor being subjected to interference by third country

22. Assessment as relevant vendor

23. Minister may consult for the purposes of assessments under this Part

24. Obligation to provide information for the purposes of assessments under this Part

25. Relevant vendor measures

26. Confidentiality of relevant vendor notice

27. Consultation before taking measures under section 25

28. Appeal of relevant vendor measure

29. Material not publicly available that relates to security of the State

30. Hearing of appeal of relevant vendor measure other than in public

31. Appeal to Court of Appeal from decision under section 28

32. Commission to report to Minister on this Part

33. Commission to monitor providers’ compliance with relevant vendor measures

34. Review of operation of Part

PART 4

Measures to assist consumers and other end-users

35. Interpretation (Part 4)

36. Commission may require publication of information on quality of service

37. Minimum quality-of-service standards

38. Customer charters

39. End-user compensation

PART 5

Resolution of complaints and disputes

40. Interpretation (Part 5)

41. Procedures for handling complaints and resolution of disputes

42. Handling of complaints and resolution of disputes to be provided for in code of practice

43. Provider to report on end-user complaints

44. Commission may require information regarding end-user complaints

45. Notification to end-user of right to refer dispute to Commission

46. Commission may require provider to comply with code of practice

47. Resolution of relevant disputes by Commission

48. Procedure for resolution of disputes by Commission

49. Direction

50. Disputes involving parties in more than one Member State

51. Remuneration and expenses of person appointed by Commission to carry out dispute resolution process

52. Enforcement

53. Commission to be listed as alternative dispute resolution entity

54. Procedure under this Part without prejudice to other remedies

55. Application of Universal Service Regulations to certain disputes

56. Continuation of measures under Universal Services Regulations

PART 6

Interim Measures

57. Urgent interim measures

58. Imposition of urgent interim measures by High Court

PART 7

Administrative Sanctions

Chapter 1

Interpretation and application of Part 7

59. Interpretation (Part 7)

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

61. Application of Part

Chapter 2

Preliminary procedure

62. Power of Commission to resolve suspected regulatory breach, etc.

63. Notice of suspected non-compliance

64. Supplementary notice of suspected non-compliance

65. Commission may revoke notice of suspected non-compliance, etc.

66. Commission may publish notice of suspected non-compliance, etc.

67. Commitments

68. Settlements

69. Actions by authorised officer following investigation

70. Referral report

71. Referral of matter by authorised officer to adjudicator for adjudication

72. Withdrawal by Commission of matter referred to adjudicator

73. Power of Commission to share certain documents

74. Regulations and rules relating to referrals to adjudicator

Chapter 3

Adjudicators

75. Nomination of adjudicators

76. Appointment of adjudicators

77. Independence of adjudicators

78. Regulations to ensure independence of adjudicators

79. Adjudicators may sit together

80. Regulations in relation to adjudicators

81. Assistants to adjudicators

82. Effect of appointment as adjudicator on terms of employment or contract with Commission

Chapter 4

Procedure following referral to adjudicator

83. Notification by adjudicator following referral

84. Actions following referral under section 68(3)(c)

85. Actions following referral under section 71

86. Admissibility of evidence and rules for oral hearings conducted by adjudicators

87. Powers of adjudicators and offences

88. Orders for costs in proceedings before adjudicator

89. Regulations in relation to proceedings before adjudicator

90. Decision of adjudicator in relation to breach

91. Decision of adjudicator in relation to administrative sanction

92. Adjudication to take effect when confirmed by High Court

93. Notice of adjudication

Chapter 5

Imposition of administrative sanctions

94. Requirement to pay financial penalty

95. Requirement to pay refund

96. Requirement to pay compensation

97. Suspension or withdrawal of authorisation or rights of use

98. Guidelines

99. Regulations in relation to certain matters

Chapter 6

Admissibility of certain evidence

100. Admissibility of evidence before Commission

Chapter 7

Restrictions on disclosure of certain information

101. Restrictions on disclosure of certain information

102. Confidentiality rings

Chapter 8

Appeals, confirmation and judicial review of certain decisions

103. Interpretation (Chapter 8 of Part 7)

104. Decisions reviewable only by appeal under this Chapter

105. Appeal against urgent interim measures notice

106. Appeal against adjudication

107. Conduct of appeals

108. Orders for costs by Court on appeal

109. Court confirmation of adjudication

110. Publication of adjudication

111. Adjudicator may refer question of law to Court

112. Judicial review

113. Appeals to Court of Appeal

114. Treatment of amounts paid to Commission pursuant to Part 7

115. Non-applicability of limitation periods to certain actions

116. Commission to collect information relating to appeals and decisions to grant interim measures

Chapter 9

Revocation, transitional provisions and consequential amendments

117. Transitional provision where certain notifications have been given

PART 8

Amendment of Code Regulations

118. Amendment of Code Regulations

PART 9

Miscellaneous Amendments to Principal Act

119. Amendment of section 2 of Principal Act

120. Amendment of section 10 of Principal Act

121. Power of Minister to request advice from Commission

122. Power of Commission to obtain information

123. Power of Commission to share information with Minister

124. Amendment of section 39 of Principal Act

125. Amendment of section 40 of Principal Act

126. Amendment of section 43 of Principal Act

127. Undertaking not to overcharge or charge for services not supplied

128. Commission may apply to High Court for order to restrain certain repeated or apprehended contraventions

129. Amendment of section 46B(1) of Principal Act

130. Amendment of section 46D of Principal Act

131. Amendment of section 57A of Principal Act

132. Service of notices

133. Miscellaneous amendments to Principal Act

134. Amendment to Part 2 of Schedule 1 to Principal Act

PART 10

Amendments to Digital Hub Development Agency Act 2003

135. Amendment of Digital Hub Development Agency Act 2003

PART 11

Amendment to Postal and Telecommunications Services Act 1983

136. Financing for the purposes of maintaining post office network and countering consequences of Brexit

Acts Referred to

Broadcasting Act 2009 (No. 18)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (No. 13)

Communications Regulation (Amendment) Act 2007 (No. 22)

Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (No. 2)

Communications Regulation Act 2002 (No. 20)

Communications Regulation Acts 2002 to 2017

Companies Act 2014 (No. 38)

Competition (Amendment) Act 2022 (No. 12)

Competition Act 2002 (No. 14)

Consumer Rights Act 2022 (No. 37)

Defence Act 1954 (No. 18)

Digital Hub Development Agency Act 2003 (No. 23)

European Communities Act 1972 (No. 27)

Freedom of Information Act 2014 (No. 30)

Local Government Act 2001 (No. 37)

Postal and Telecommunications Services Act 1983 (No. 24)

Probation of Offenders Act 1907 (7 Edw. 7 c. 17)

Statute of Limitations (Amendment) Act 1991 (No. 18)

Statute of Limitations 1957 (No. 6)

Wireless Telegraphy Act 1926 (No. 45)

Number 4 of 2023

COMMUNICATIONS REGULATION AND DIGITAL HUB DEVELOPMENT AGENCY (AMENDMENT) ACT 2023

An Act to give effect to certain provisions of Directive 2018/1972 of the European Parliament and of the Council of 11 December 2018 ¹ establishing the European Electronic Communications Code; to provide that providers of public electronic communications networks and providers of publicly available electronic communications services take appropriate and proportionate measures to manage the risks posed to the security of networks and services; to enable the Minister to take measures in respect of the supply of critical components by certain vendors in order to safeguard the security of supply of such components; to provide for measures to assist consumers and other end-users; to provide for the resolution of certain complaints and disputes; to provide for interim measures to prevent certain breaches; to lay down rules on administrative sanctions applicable to breaches of regulatory provisions, including provisions adopted, and binding decisions of the Commission for Communications Regulation, pursuant to that Directive, in order to ensure that such provisions are implemented and that penalties for failure to do so are appropriate, effective, proportionate and dissuasive; to amend the European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 ); to amend the Communications Regulation Act 2002 ; to amend the Digital Hub Development Agency Act 2003 ; to amend the Postal and Telecommunications Services Act 1983 to enable funding to be made available for the purposes of maintaining the post office network and countering consequences of withdrawal of the United Kingdom from the European Union; and to provide for related matters.

[2nd March, 2023]

Be it enacted by the Oireachtas as follows:

¹ OJ No. L321, 17.12.2018, p. 36