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


2. (1) In this Act—

“Act of 1926” means the Wireless Telegraphy Act 1926 ;

“Act of 1972” means the European Communities Act 1972 ;

“BEREC” means the Body of European Regulators for Electronic Communications;

“breach of conditions” means a breach of the conditions of—

(a) a general authorisation,

(b) any rights of use for radio spectrum,

(c) any rights of use for numbering resources, or

(d) the specific obligations referred to in Article 13(2) of the Directive;

“Code Regulations” means the European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 );

“Commission” means the Commission for Communications Regulation;

“consumer” means any individual who uses or requests a publicly available electronic communications service for purposes which are outside his or her trade, business, craft or profession;

“date of service”, in relation to a notice or notification, means the date on which the notice or notification is given in accordance with section 60 of the Principal Act;

“Directive” means Directive 2018/1972 of the European Parliament and of the Council of 11 December 20182 establishing the European Electronic Communications Code (Recast);

“general authorisation” means an authorisation for a person to provide an electronic communications network or service under and in accordance with regulations made under the Act of 1972 giving effect to Article 12 of the Directive;

“Minister” means Minister for the Environment, Climate and Communications;

“prescribed” means prescribed by regulations made by the Minister;

“Principal Act” means the Communications Regulation Act 2002 ;

“record” means any memorandum, book, report, statement, register, plan, chart, map, drawing, specification, diagram, program, algorithm, data, code, software, formula, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), any form (including machine-readable form) or thing in which data (such as engineering data or personal data) or information is held or stored manually, mechanically, digitally or electronically and anything that is a part or a copy in any form, of any of, or any combination of, the foregoing, whether claimed as confidential or not;

“regulatory breach” means a failure to comply with—

(a) a regulatory provision,

(b) a relevant vendor measure,

(c) a confidentiality requirement of the Minister under section 26 (1),

(d) a direction under section 33 (2),

(e) a commitment under section 67 , or

(f) an urgent interim measure;

“regulatory provision” has the meaning given to it by section 60 ;

“relevant vendor measure” has the meaning given to it by section 25 ;

“urgent interim measures” and “urgent interim measures notice” each has the meaning given to it by section 57 .

(2) A word or expression that is used in this Act and that is also used in the Directive has, unless the context otherwise requires, the same meaning in this Act that it has in the Directive.

2 OJ No. L321, 17.12.2018, p. 36