The Commissioner for Communication Regulation -v- An Post [2013] IEHC 149 (08 March 2013)

The Commissioner for Communication Regulation -v- An Post [2013] IEHC 149 (08 March 2013)

The right to bring proceedings and the respondent's liability accrued on 31 December 2010, when An Post failed to comply with the direction. Section 27 of the Interpretation Act 2005 preserves such rights and liabilities, allowing the applicant to maintain proceedings and seek penalties as if the regulations had not been repealed. The formation of the regulator's opinion is a procedural step, not a substantive element of the cause of action. Therefore, the applicant is entitled to maintain the proceedings and seek penalties under the revoked regulations.

Citation
[2013] IEHC 149
Parties
Applicant: The Commissioner for Communication Regulation; Respondent: An Post
Jurisdiction
Ireland
Judgment Date
08 March 2013
Procedural Posture
Judicial Review / Preliminary Issue / High Court Judgment on Preliminary Questions
Outcome
Application granted; both preliminary questions answered in the affirmative.
Legal Topics
Effect of Repeal of Statutory Instruments, Interpretation Act 2005 S.27, Enforcement of Regulatory Directions, Transitional Provisions on Repeal, Imposition of Penalties for Regulatory Non Compliance
Administrative Law Statutory Interpretation Communications Law Effect of Repeal of Statutory Instruments Interpretation Act 2005 S.27 Enforcement of Regulatory Directions Transitional Provisions on Repeal Imposition of Penalties for Regulatory Non Compliance

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Parties

The Commissioner for Communication Regulation

Applicant

An Post

Respondent

Procedural Posture

Judicial Review / Preliminary Issue / High Court Judgment on Preliminary Questions

Legal Issues

  1. 1 Whether s.27(1) and/or (2) of the Interpretation Act 2005 permits the applicant to maintain proceedings under regulation 18(4)(a) of the 2002 Regulations as substituted and since revoked
  2. 2 Whether s.27(2) of the Interpretation Act 2005 permits the applicant to maintain proceedings under regulation 18(3) of the 2002 Regulations as substituted and since revoked

Ratio Decidendi

The right to bring proceedings and the respondent's liability accrued on 31 December 2010, when An Post failed to comply with the direction. Section 27 of the Interpretation Act 2005 preserves such rights and liabilities, allowing the applicant to maintain proceedings and seek penalties as if the regulations had not been repealed. The formation of the regulator's opinion is a procedural step, not a substantive element of the cause of action. Therefore, the applicant is entitled to maintain the proceedings and seek penalties under the revoked regulations.

Court Disposition

Application granted; both preliminary questions answered in the affirmative.

Orders

  • The applicant is entitled to maintain proceedings under regulation 18(3) and 18(4)(a) of the 2002 Regulations as substituted, notwithstanding their repeal, by virtue of s.27 of the Interpretation Act 2005.