Changes to legislation: as of 12 September 2024, this Act is up to date with all changes known to be in force.
This Revised Act is an administrative consolidation of Communications Regulation Act 2002. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Regulated Professions (Health and Social Care)(Amendment) Act 2023 (14/2023), enacted 6 June 2023, and all statutory instruments up to and including the European Union (Electronic Communications Code) (Amendment) Regulations 2023 (S.I. No. 300 of 2023), made 6 June 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
Number 20 of 2002
COMMUNICATIONS REGULATION ACT 2002
Updated to 9 June 2023
ARRANGEMENT OF SECTIONS
Preliminary and General
Commission for Communications Regulation
Special Powers to Require Persons to Give Evidence or Produce Documents
Electronic Communications Infrastructure Road Works and Sharing
Emergency Call Answering Service (ECAS)
Related Enactments for the Purposes of this Act
Statutory Instruments
Acts Referred to
Arbitration Acts, 1954 to 1998
Broadcasting Act, 1990
Broadcasting Act, 2001
Broadcasting and Wireless Telegraphy Act, 1988
Broadcasting Authority Act, 1960
Civil Service Regulation Act, 1956
Companies Acts, 1963 to 2001
Comptroller and Auditor General (Amendment) Act, 1993
Courts Act, 1981
Dublin Transport Authority (Dissolution) Act, 1987
European Communities Act, 1972
European Parliament Elections Act, 1997
Freedom of Information Act, 1997
Irish Aviation Authority Act, 1993
Minimum Notice and Terms of Employment Acts, 1973 and 1994
Organisation of Working Time Act, 1997
Planning and Development Act, 2000
Postal and Telecommunications Services Act, 1983
Public Offices Fees Act, 1879
42 & 43 Vic., c. 58
Radio and Television Act, 1988
Redundancy Payments Acts, 1967 to 1991
Roads Acts, 1993 to 2001
Road Traffic Act, 1961
Road Traffic Acts, 1961 to 2002
Superannuation Act, 1909
Telecommunications (Miscellaneous Provisions) Act, 1996
Telegraph Act, 1863
26 & 27 Vic., c. 112
Telegraph Act, 1869
32 & 33 Vic., c. 73
Telegraph Act, 1878
41 & 42 Vic., c. 76
Telegraph Act, 1892
55 & 56 Vic., c. 59
Telegraph Act, 1899
62 & 63 Vic., c. 38
Telegraph (Amendment) Act, 1868
31 & 32 Vic., c. 110
Telegraph (Arbitration) Act, 1909
Telegraph (Construction) Act, 1908
Telegraph (Construction) Act, 1911
1 & 2 Geo. 5., c. 39
Telegraph (Construction) Act, 1916
6 & 7 Geo. 5., c. 40
Unfair Dismissals Acts, 1977 to 1993
Wireless Telegraphy Act, 1926
Wireless Telegraphy Act, 1972
Worker Protection (Regular Part-Time Employees) Act, 1991
Number 20 of 2002
COMMUNICATIONS REGULATION ACT 2002
Updated to 9 June 2023
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS THE COMMISSION FOR COMMUNICATIONS REGULATION OR, IN THE IRISH LANGUAGE, AS AN COIMISIÚN UM RIALÁIL CUMARSÁIDE, TO DEFINE ITS FUNCTIONS, TO DISSOLVE THE OFFICE OF THE DIRECTOR OF TELECOMMUNICATIONS REGULATION, TO TRANSFER THE FUNCTIONS OF THE DIRECTOR OF TELECOMMUNICATIONS REGULATION TO THE COMMISSION FOR COMMUNICATIONS REGULATION, TO MAKE PROVISION IN RESPECT OF THE OPENING OF PUBLIC ROADS FOR ELECTRONIC COMMUNICATIONS INFRASTRUCTURE, TO PROVIDE FOR THE SHARING OF INFRASTRUCTURE, TO REPEAL CERTAIN ENACTMENTS AND PROVISIONS OF ENACTMENTS AND TO PROVIDE FOR CONNECTED MATTERS. [27th April, 2002]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
Application of collectively cited Communications Regulation Acts 2002 to 2010 restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 63(2) and sch. 2, in effect as per reg. 1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites
(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.
General provisions regarding licences etc
(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.
Communications Regulation Acts 2002 to 2010
Functions conferred under Act extended (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (S.I. No. 336 of 2011), reg. 30(2).
Enforcement of Regulations by the Regulator
(2) The functions of the Regulator under this Regulation shall be deemed to be included in the functions conferred on the Regulator under the Act of 2002.
Functions transferred and “Department of Public Enterprise” and “Minister for Public Enterprise” construed (18.06.2002) by Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 300 of 2002), arts. 3, 4 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.
3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of the Marine and Natural Resources.
(2) References to the Department of Public Enterprise contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Marine and Natural Resources.
4. (1) The functions vested in the Minister for Public Enterprise -
(a) by or under any of the enactments or the provisions of the enactments mentioned in Part 1 of the Schedule to this Order,
are transferred to the Minister for the Marine and Natural Resources.
(2) References to the Minister for Public Enterprise contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for the Marine and Natural Resources.
Enactments and provisions of enactments, functions under which are transferred from the Minister for Public Enterprise to the Minister for the Marine and Natural Resources.
Communications Regulation Act 2002 (No. 20 of 2002)
Editorial Notes:
Appeal procedure in relation to certain determinations and decisions under Act provided (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 52, commenced on enactment.
Previous affecting provision: functions of Regulator under Act extended (6.11.2003) by European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 (S.I. No. 535 of 2003), reg. 19(2), in effect as per reg. 1(2); revoked (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (S.I. No. 336 of 2011), reg. 35(a), subject to transitional provision in reg. 34.