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Communications Regulation Act, 2002 (No. 20)Introductory TextActs Referred toPart 1 Preliminary and general (ss. 1-5)1. Short title.2. Interpretation.3. Laying of orders and regulations before Houses of Oireachtas.4. Establishment day.5. Expenses.Part 2 Commission for Communications Regulation (ss. 6-38)6. Establishment of Commission.7. Seal of Commission.8. Dissolution of Office of Director of Telecommunications Regulation.9. Transfer of functions.10. Functions of Commission.11. Independence of Commission.11A. Objectivity and transparency of Commission in regulating under Electronic Communications Code Regulations12. Objectives of Commission.12A. Power of Minister to request advice from Commission13. Directions by Minister.13A. Purpose of sections 13B and 13C.13B. Power of Minister to obtain information from Commission.13C. Power of Minister to obtain information from undertaking.13D. Power of Commission to obtain information from undertaking.13E. Alternative procedure for enforcement of section 13C or 13D.13EA. Power of Commission to share information with Minister13F. Power of Commission to obtain information from postal service provider.13G. Alternative procedure for enforcement of section 13F of Principal Act.14. Composition and procedure of Commission.15. Appointment and term of office of Commissioners.16. Appointment of Chairperson of Commission.17. Deputy commissioner.18. Resignation and removal of Commissioners.19. Restrictions relating to Commissioners.20. Staff of Commission.21. Performance of certain functions by staff.22. Consultants.23. Membership of Houses of Oireachtas or European Parliament by staff.24. Prohibition on unauthorised disclosure of information.24A. Protection of whistleblowers.24B. Tortious liability of undertaking or associate for victimising whistleblower.24C. Offence to make false disclosure.25. Disclosure of interests.26. Superannuation of Commissioners.27. Superannuation of staff.28. Advances by Minister to Commission.29. Borrowings.30. Levies and fees.31. Strategy statements.31A. Financial year of Commission.31B. Commission to prepare annual action plan.31C. Commission to prepare annual financial forecast.31D. Report on state of electronic communication markets.32. Accounts and annual report.33. Code of financial management.34. Accountability of Commission to Committees of Oireachtas.35. Radio frequency plan.36. Public service requirements.37. Regulations relating to wireless telegraphy.38. Repeals.Part 2A Special Powers to Require Persons to Give Evidence or Produce Documents (ss. 38A-38H)38A. Commission may require persons to give evidence or produce documents.38B. Conduct of proceeding under this Part.38C. Proceeding under this Part to be normally in private.38D. Offence to fail to appear before Commission.38E. Offence to refuse to be sworn or to answer question.38F. Protection of persons appearing before Commission under section 38A.38G. Payment of allowances and expenses to persons who appear before Commission.38H. Trial of offences under this Part.Part 3 Enforcement (ss. 39-46E)39. Authorised officers.39A. Requests for information relating to investigations.40. Search warrants.40A. Search warrants in relation to certain competition law matters.40B. Search warrants relevant to assisting the European Commission with an inspection.41. Indemnification.42. Offences of bodies corporate.43. Prosecution of summary offences by Commission.44. Notice by Commission of intention to prosecute, etc.45. Undertaking not to overcharge or charge for services not supplied46. Commission may apply to High Court for order to restrain repeated or apprehended contravention of section 45.46A. Special powers enabling Minister to make regulations to give effect to European Communities instruments relating to communications matters.46B. Admissibility of expert evidence in proceedings under this Act and related enactments.46C. Power of court to order copies of certain documents to be given to juries in certain criminal proceedings.46D. Presumptions to apply in civil and criminal proceedings under this Act and related enactments.46E. Admissibility of statements contained in certain documents.Part 4 Transition provisions (ss. 47-51)47. Transfer of property and liabilities of Director to Commission.48. Preservation of certain continuing contracts.49. Adaptation of certain documents.50. Continuation of certain matters by Commission.51. Pending legal proceedings.Part 5 Electronic communications infrastructure road works and sharing (ss. 52-58)52. Interpretation (Part 5).53. Opening of public road for establishment of underground electronic communications infrastructure.54. Use of public road for establishment of electronic communications infrastructure overground.55. Cost apportionment for electronic communications infrastructure relocation due to road improvements.56. Regulations and policy directions to authorities.57. Physical infrastructure sharing by infrastructure providers.57A. Power of High Court to make compliance orders in respect of conditions imposed under section 57.58. Lopping of trees.Part 6 Emergency Call Answering Service (ECAS) (ss. 58A-58H)58A. Interpretation: Part 6.58B. Power of Minister to enter into contract for the operation of emergency call answering service (ECAS).58C. Payment of ECAS call handling fees.58D. Commission to conduct review of maximum call handling fee.58E. ECAS operator to pay reasonable costs of Commission in monitoring service.58F. ECAS operator not liable for certain actions done in good faith.58G. Commission to report to Minister on operation of service.58H. Interim measure pending the Minister entering into contract under section 58B.Part 7 Miscellaneous Provisions (ss. 59-63)59. Repeals and revocation.60. Service of notices.61. Privileged legal material.62. Freedom of Information Act not to apply to certain confidential information.63. Publication of certain notices.Schedule 1 Related Enactments for the Purposes of this ActSchedule 1, Part 1 ActsSchedule 1, Part 2 Statutory InstrumentsSchedule 2 Enactments repealed
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 27 September 2023 - onwards
Version 3 of 3

38D. Offence to fail to appear before Commission.

(1) A person commits an offence if, having been required to appear before the Commission in compliance with a requirement made under section 38A, the person fails to comply with the requirement, and has not been excused, or released from further attendance, by the Commission.

(2) Subsection (1) does not apply if -

(a) the person has a reasonable excuse, or

(b) the requirement under section 38A was made in relation to an investigation, hearing or any other matter under Part 2C of the Competition Act 2002.

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