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

Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 Permanent Page URL View by Section Amharc de réir Ailt View Full Act Amharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDF Oscail PDF Priontáil an tAcht Iomlán Previous Section Alt Roimhe Next Section An Chéad Alt Eile Priontáil an tAlt 2023 COMMUNICATIONS REGULATION AND DIGITAL HUB DEVELOPMENT AGENCY (AMENDMENT) ACT 2023 PART 1 Preliminary and General 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 74. Regulations and rules relating to referrals to adjudicator Chapter 3 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 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 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) 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) 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 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. nd March , 2023] Be it enacted by the Oireachtas as follows: OJ No. L321, 17.12.2018, p. 36