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Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (No. 4)Introductory TextActs Referred toPart 1 Preliminary and general (ss. 1-4)1. Short title, collective citation, construction and commencement2. Interpretation3. Regulations4. Exercise of powers of authorised officers for purposes of ActPart 2 Security of networks and services (ss. 5-18)5. Interpretation (Part 2)6. Obligation on providers to take measures to manage risk7. Security measures guidelines8. Courts, etc. to have regard to security measures guidelines9. Commission to have regard to security measures guidelines in connection with carrying out functions10. Adjudicator to have regard to security measures guidelines in connection with carrying out functions11. Providers to notify Commission of any incident of significant impact on networks or services12. Providers to notify users of particular and significant threat of security incident13. Commission to seek to ensure compliance by providers with Part 214. Power of Commission to serve security measures directions15. Security audits16. Assistance and information sharing17. Appeal of decisions, etc. under Part 2, Part 4 or Code Regulations18. Appeal to Court of Appeal from decision under section 17Part 3 Security measures in respect of certain vendors (ss. 19-34)19. Interpretation (Part 3)20. Critical components21. Minister to assess likelihood of vendor being subjected to interference by third country22. Assessment as relevant vendor23. Minister may consult for the purposes of assessments under this Part24. Obligation to provide information for the purposes of assessments under this Part25. Relevant vendor measures26. Confidentiality of relevant vendor notice27. Consultation before taking measures under section28. Appeal of relevant vendor measure29. Material not publicly available that relates to security of the State30. Hearing of appeal of relevant vendor measure other than in public31. Appeal to Court of Appeal from decision under section 2832. Commission to report to Minister on this Part33. Commission to monitor providers' compliance with relevant vendor measure34. Review of operation of PartPart 4 Measures to assist consumers and other end-users (ss. 35-39)35. Interpretation (Part 4)36. Commission may require publication of information on quality of service37. Minimum quality-of-service standards38. Customer charters39. End-user compensationPart 5 Resolution of complaints and disputes (ss. 40-56)40. Interpretation (Part 5)41. Procedures for handling complaints and resolution of disputes42. Handling of complaints and resolution of disputes to be provided for in code of practice43. Provider to report on end-user complaints44. Commission may require information regarding end-user complaints45. Notification to end-user of right to refer dispute to Commission46. Commission may require provider to comply with code of practice47. Resolution of relevant disputes by Commission48. Procedure for resolution of disputes by Commission49. Direction50. Disputes involving parties in more than one Member State51. Remuneration and expenses of person appointed by Commission to carry out dispute resolution process52. Enforcement53. Commission to be listed as alternative dispute resolution entity54. Procedure under this Part without prejudice to other remedies55. Application of Universal Service Regulations to certain disputes56. Continuation of measures under Universal Services RegulationsPart 6 Interim measures (ss. 57-58)57. Urgent interim measures58. Imposition of urgent interim measures by High CourtPart 7 Administrative sanctions (ss. 59-117)Chapter 1 Interpretation and application of Part 7 (ss. 59-61)59. Interpretation (Part 7)60. Regulatory provisions and power of Minister to apply Part to certain breaches61. Application of PartChapter 2 Preliminary procedure (ss. 62-74)62. Power of Commission to resolve suspected regulatory breach, etc.63. Notice of suspected non-compliance64. Supplementary notice of suspected non-compliance65. Commission may revoke notice of suspected non-compliance, etc.66. Commission may publish notice of suspected non-compliance, etc.67. Commitments68. Settlements69. Actions by authorised officer following investigation70. Referral report71. Referral of matter by authorised officer to adjudicator for adjudication72. Withdrawal by Commission of matter referred to adjudicator73. Power of Commission to share certain documents74. Regulations and rules relating to referrals to adjudicatorChapter 3 Adjudicators (ss. 75-82)75. Nomination of adjudicators76. Appointment of adjudicators77. Independence of adjudicators78. Regulations to ensure independence of adjudicators79. Adjudicators may sit together80. Regulations in relation to adjudicators81. Assistants to adjudicators82. Effect of appointment as adjudicator on terms of employment or contract with CommissionChapter 4 Procedure following referral to adjudicator (ss. 83-93)83. Notification by adjudicator following referral84. Actions following referral under section 68(3)(c)85. Actions following referral under section 7186. Admissibility of evidence and rules for oral hearings conducted by adjudicators87. Powers of adjudicators and offences88. Orders for costs in proceedings before adjudicator89. Regulations in relation to proceedings before adjudicator90. Decision of adjudicator in relation to breach91. Decision of adjudicator in relation to administrative sanction92. Adjudication to take effect when confirmed by High Court93. Notice of adjudicationChapter 5 Imposition of administrative sanctions (ss. 94-99)94. Requirement to pay financial penalty95. Requirement to pay refund96. Requirement to pay compensation97. Suspension or withdrawal of authorisation or rights of use98. Guidelines99. Regulations in relation to certain mattersChapter 6 Admissibility of certain evidence (s. 100)100. Admissibility of evidence before CommissionChapter 7 Restrictions on disclosure of certain information (ss. 101-102)101. Restrictions on disclosure of certain information102. Confidentiality ringsChapter 8 Appeals, confirmation and judicial review of certain decisions (ss. 103-116)103. Interpretation (Chapter 8 of Part 7)104. Decisions reviewable only by appeal under this Chapter105. Appeal against urgent interim measures notice106. Appeal against adjudication107. Conduct of appeals108. Orders for costs by Court on appeal109. Court confirmation of adjudication110. Publication of adjudication111. Adjudicator may refer question of law to Court112. Judicial review113. Appeals to Court of Appeal114. Treatment of amounts paid to Commission pursuant to Part 7115. Non-applicability of limitation periods to certain actions116. Commission to collect information relating to appeals and decisions to grant interim measuresChapter 9 Revocation, transitional provisions and consequential amendments (s. 117)117. Transitional provision where certain notifications have been givenPart 8 Amendment of Code Regulations (s. 118)118. Amendment of Code RegulationsPart 9 Miscellaneous amendments to Principal Act (ss. 119-134)119. Amendment of section 2 of Principal Act120. Amendment of section 10 of Principal Act121. Power of Minister to request advice from Commission122. Power of Commission to obtain information123. Power of Commission to share information with Minister124. Amendment of section 39 of Principal Act125. Amendment of section 40 of Principal Act126. Amendment of section 43 of Principal Act127. Undertaking not to overcharge or charge for services not supplied128. Commission may apply to High Court for order to restrain certain repeated or apprehended contraventions129. Amendment of section 46B(1) of Principal Act130. Amendment of section 46D of Principal Act131. Amendment of section 57A of Principal Act132. Service of notices133. Miscellaneous amendments to Principal Act134. Amendment to Part 2 of Schedule 1 to Principal ActPart 10 Amendments to Digital Hub Development Agency Act 2003 (s. 135)135. Amendment of Digital Hub Development Agency Act 2003Part 11 Amendment to Postal and Telecommunications Services Act 1983 (s. 136)136. Financing for the purposes of maintaining post office network and countering consequences of Brexit
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 9 June 2023 - onwards
Version 2 of 2

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

The Principal Act is amended by the substitution of the following section for section 45:

"45.

(1) A person shall not impose, or purport to impose, a charge for supplying an electronic communications service or electronic communications product to an end-user that exceeds the amount for that service or product specified -

(a) in the undertaking's published tariff of charges, or

(b) in a written statement previously made or given to the end-user by the undertaking in relation to that supply.

(2) A person shall not impose, or purport to impose, a charge for an electronic communications service or electronic communications product that was -

(a) supplied to an end-user but not requested by him or her,

(b) requested by an end-user but not supplied to him or her, or

(c) neither supplied to, nor requested by, a person.

(3) A person that contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a class A fine.

(4) In carrying out an investigation to ascertain whether a person may be contravening or may have contravened subsection (1) or (2), the Commission may conduct an audit of the undertaking's billing system.

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