Telecommunications (Miscellaneous Provisions) Act, 1996
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: —(1) In this Act, except where the context otherwise requires—
“the company” means Bord Telecom Ãireann;
“the Director” means the Director of Telecommunications Regulation appointed under this Act;
“functions” includes powers and duties;
“the Minister” means the Minister for Transport, Energy and Communications;
“records” includes information stored electronically;
“the Principal Act” means the Postal and Telecommunications Services Act, 1983 .
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paragraphs: —(1) There shall stand established the office of Director of Telecommunications Regulation and the holder of that office shall be known as the Director of Telecommunications Regulation.
(2) The provisions of this Act shall have effect in relation to the office of the Director.
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paragraphs: —(1) Subject to subsection (4), the functions of the Director shall be the functions transferred from the Minister to the Director under section 4 and otherwise conferred by this Act.
(2) The Director may do all such acts or other things as are necessary or expedient for the purpose of the exercise of his or her functions.
(3) The Director shall provide such information and assistance as may be required by the Minister in respect of any matters relating to proceedings pending at the time of coming into operation of this section to which the Minister is a party.
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paragraphs: —(1) The administration and business in connection with the exercise, performance or execution of any of the functions transferred by subsection (2) are hereby transferred to the Director.
(2) Subject to subsection (8), there are hereby transferred to the Director the functions vested in the Minister by or under—
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paragraphs: —The Minister shall make available to the Director, on a request being made by the Director, such staff, premises, equipment, services and other resources as the Minister may determine from time to time in consultation with the Minister for Finance.
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paragraphs: —(1) For the purpose of meeting expenses properly incurred by the Director in the discharge of his or her functions under this Act, and for the purpose of enabling the Minister to pay contributions or other membership charges to international telecommunications organisations, the Director may make an order (in this Act referred to as a levy order) imposing a levy on providers of telecommunications services.
(2) Whenever a levy order is made there shall be paid to the Director by each provider of telecommunications services such amount as shall be appropriate having regard to the terms of the levy order.
(3) A levy order may be amended or revoked by the Director.
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paragraphs: —(1) In this section—
“basket of telecommunications services” means any telecommunications service or a grouping of such services as prescribed by order made from time to time by the Minister in accordance with this Act for the purpose of regulating charges for those services;
“price cap” means an overall limit on the annual percentage change in charges that can be imposed for any basket of telecommunications services, provided by any provider of telecommunications services, which is calculated in accordance with the following formula:
“overall limit” [html] (Δ CPI) — X, where:
“(Δ CPI)” means the annual percentage change in the CPI;
“CPI” means the consumer price index number as compiled by the Central Statistics Office;
“X” means the adjustment specified by the Minister;
“telecommunications service” includes—
(a) any communication service or combination of such services of any kind, whether delivered by wire, radio, fibre optics or any other means, and
(b) all connections, equipment, facilities, apparatus or other delivery or receipt mechanisms within a connected system or network or individually operated to furnish such services or the making available of such connections, equipment, facilities, apparatus or other delivery or receipt mechanisms individually or collectively.
(2) Subject to subsection (3), the Minister may make an order specifying—
(a) a price cap in respect of one or more than one basket of telecommunications services, and
(b) any restrictions or adjustments that may apply to each such basket or baskets or to the price cap formula concerned.
(3) An order under this section shall not be made unless the Minister is of the opinion that—
(a) there is no competition in the market for the supply of the telecommunications services concerned, or
(b) the provider of the telecommunications services concerned holds a dominant position in the market for the supply of those services.
(4) For the purposes of this section, the Minister may request in writing a provider of telecommunications services to provide information to him or her about the services provided by that provider.
(5) On or after the expiration of a period ending two years after the making of an order by the Minister under this section, the Minister may direct the Director to review the order and if such a direction is given and the Director sees fit he or she may modify the order.
(6) The Director may not make an order modifying an order made by the Minister under this section until the expiration of the period ending five years after the making of that order unless he or she has been directed to review such order by the Minister.
(7) Before making an order under this section the Director shall—
(a) inform each provider of telecommunications services to be affected by the order of the intention to make an order and of the right to make representations to the Director on the terms of the proposed order, and
(b) take into consideration any representations made by or on behalf of the provider, if received within two months of the date on which the Director informs the persons concerned of his or her intention to make an order.
(8) For the avoidance of doubt, where the value of a price cap is negative that value shall represent the minimum percentage reduction which shall take place in charges that can be imposed for any basket of telecommunications services provided by any provider of telecommunications services.
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paragraphs: —(1) Notwithstanding any provision of the Principal Act—
(a) the company may issue new shares and may divide shares into one or more classes and attach thereto respectively any preferential, deferred, qualified or special rights, privileges or conditions in accordance with the Companies Acts, 1963 to 1990;
(b) subject to subsection (2), the Minister or the Minister for Finance may buy, sell or otherwise transfer shares in the company.
(2) (a) The aggregate shareholding of the Minister and the Minister for Finance in the company shall not be reduced to less than a majority of the issued share capital.
(b) The Minister or the Minister for Finance may subscribe for further shares in the company to an amount not exceeding £100,000,000.
(c) All moneys required by the Minister for Finance or by the Minister with the consent of the Minister for Finance to meet sums payable by those Ministers in accordance with this section shall be paid out of the Central Fund or the growing produce thereof.
(3) (a) The company may issue shares as part of one or more than one employee shareholding scheme, subject to such terms and conditions as may be approved of by a majority of the shareholders of the company.
(b) The Minister or the Minister for Finance may sell or otherwise transfer shares as part of one or more than one employee shareholding scheme, subject to such terms and conditions as may be approved of by a majority of the shareholders of the company.
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paragraphs: —(1) Subject to subsection (2), the Minister with the consent of the Minister for Finance may either or both—
(a) cause the company to enter into one or more agreements in connection with the sale and issue of equity in the company,
(b) enter into one or more agreements in connection with the sale and issue of equity in the company.
(2) Any agreement entered into pursuant to subsection (1) may include—
(a) provisions relating to—
(i) amendments to the memorandum and articles of association of the company,
(ii) directors,
(iii) shareholders,
(iv) voting rights,
(v) dividend policy,
(vi) investments,
(vii) representations, warranties and indemnities, and
(viii) restrictions on the alienability of shares;
and
(b) such other matters as the Minister with the consent of the Minister for Finance may from time to time consent to.
(3) Section 60 of the Companies Act, 1963 , shall not apply to any representation made or warranty or indemnity given by the company, or any financial obligations undertaken in relation thereto by the company, in connection with the sale or transfer by the Minister or the Minister for Finance or the issue by the company of shares in the company.
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paragraphs: —(1) Notwithstanding anything contained in the Worker Participation (State Enterprises) Acts, 1977 and 1988, or any other Act, where an order is made under section 23 (1) of the Worker Participation (State Enterprises) Act, 1977 , fixing the appropriate number, within the meaning of section 23 (2) of that Act, in relation to the company, the appropriate number specified in any such order shall not exceed one third of the number that the Minister is otherwise entitled to appoint under the articles of association of the company.
(2) Notwithstanding anything contained in the Worker Participation (State Enterprises) Acts, 1977 and 1988, or any order or warrant made thereunder, or any other Act, the 1996 election as regards the company shall be deferred by one year (or such shorter period as may be specified by the Minister by order) and subsequent elections shall be held each fourth year thereafter.
(3) Not later than the holding of an election pursuant to subsection (2), and notwithstanding anything contained in the Worker Participation (State Enterprises) Acts, 1977 and 1988, or any order or warrant made thereunder, or any other Act, the term of office of such directors of the company appointed under the Worker Participation (State Enterprises) Acts, 1977 and 1988, shall expire on such date as the Minister may by order specify so as to ensure that the number of directors remaining appointed under those Acts shall be the number specified in an order made under section 23 (1) of the Worker Participation (State Enterprises) Act, 1977 .
(4) Where one or more employee shareholding schemes have been established pursuant to section 8 (3), the members of such scheme or schemes, as the case may be, may nominate to the Minister, for appointment to be a director of the company—
(a) a shareholder under any such scheme, or
(b) any other person who is a former employee of the company.
(5) The Minister shall appoint the person nominated under subsection (4) to be a director of the company and the person so appointed shall, notwithstanding anything contained in the Worker Participation (State Enterprises) Acts, 1977 and 1988, be deemed to be appointed as a director of the company for the purposes of those Acts.
(6) Notwithstanding the articles of association of the company, the persons who are to serve as alternate directors to the directors appointed under subsection (5) and under section 15 of the Worker Participation (State Enterprises) Act, 1977 , shall be appointed by the Minister and shall, subject to subsection (7), have the same term of office as a director appointed under the Worker Participation (State Enterprises) Acts, 1977 and 1988.
(7) Notwithstanding anything contained in the Worker Participation (State Enterprises) Acts, 1977 and 1988, or any order or warrant made thereunder or any other Act, where an appointment is made under subsection (5)—
(a) the term of office of such director of the company appointed under the Worker Participation (State Enterprises) Acts, 1977 and 1988, shall expire on such date as the Minister may by order specify so as to ensure that the number of directors remaining appointed under those Acts shall be the number specified in an order made under section 23 (1) of the Worker Participation (State Enterprises) Act, 1977 , and
(b) the term of office of such alternate director of the company appointed under subsection (6) shall expire on such date as the Minister may by order specify and the Minister shall thereupon appoint as an alternate director the director whose term of office has expired under paragraph (a).
(8) In making an appointment under subsection (6), the Minister shall have regard to the results of the poll, if any, conducted at the last preceding election pursuant to the Worker Participation (State Enterprises) Acts, 1977 and 1988.
(9) Without prejudice to any other rights conferred by the articles of association on an alternate director, a person appointed by the Minister under subsection (6) as an alternate director may attend and participate in meetings of the directors of the company but shall not vote except when the director to whom he or she is an alternate is not present.
(10) A person appointed by the Minister under subsection (6) shall have the same duties and liabilities and enjoy the same exemptions from liabilities as a director of the company.
(11) In this section “former employee” means a person who was entitled, at any time, to vote at a poll in the company held pursuant to the Worker Participation (State Enterprises) Acts, 1977 and 1988 or the Principal Act.
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paragraphs: —The Principal Act is hereby amended by—
(a) the insertion in section 46 (1) after “as it may think fit” of “, or in respect of such persons who were members of the staff of the Department of Posts and Telegraphs and who retired or died before the vesting day as the Minister for Finance may specify” and the subsection as so amended is set out in the Table to this paragraph;
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(1) Each company shall prepare and submit to the Minister a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of such members of the staff of the company as it may think fit, or in respect of such persons who were members of the staff of the Department of Posts and Telegraphs and who retired or died before the vesting day as the Minister for Finance may specify.
(b) the insertion in section 46 (9) before “The Minister” of “Notwithstanding the provisions of any other enactment or obligation of law” and the insertion after “Telegraphs,” of “or who were members of the staff of the Department of Posts and Telegraphs and who retired or died before the vesting day” and the subsection as so amended is set out in the Table to this paragraph;
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(9) Notwithstanding the provisions of any other enactment or obligation of law the Minister for Finance shall make such contribution as may, with his consent, be specified in a scheme or schemes under this section towards the pensions, gratuities and other allowances related to reckonable service given before the vesting day which may be granted to or in respect of persons who, immediately before that day, were members of the staff of the Department of Posts and Telegraphs, or who were members of the staff of the Department of Posts and Telegraphs and who retired or died before the vesting day and such scheme or schemes shall, with the like consent, fix the manner and times of the payment of such contribution.
(c) the insertion in section 90 (1) of “and the Telecommunications (Miscellaneous Provisions) Act, 1996,” after “this Act”, and the subsection as so amended, other than paragraphs (a) and (b) is set out in the Table to this paragraph.
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(1) Subject to this Act and the Telecommunications (Miscellaneous Provisions) Act, 1996, the company may make, as respects any of the telecommunications services provided by it, a scheme providing for—
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paragraphs: —(1) The Director may appoint persons to be authorised officers for the purposes of this section.
(2) A person appointed under subsection (1) shall, on his or her appointment, be furnished by the Director with a certificate of his or her appointment and when exercising a power conferred by subsection (3) shall, if requested by any person thereby affected, produce such certificate to that person for inspection.
(3) For the purposes of obtaining any information necessary for the exercise by the Director of his or her functions under this Act, an authorised officer may—
(a) enter at any time the premises of a provider of telecommunications services for the purpose of exercising any powers conferred on him or her by this section,
(b) require any provider of telecommunications services to produce to him or her any books, documents or records relating to the provision of telecommunications services which are in such provider's power or control and to give to him or her such information as he or she may reasonably require in relation to any entries in such books, documents or records,
(c) inspect or take extracts from any such books, documents and records,
(d) require a provider of telecommunications services mentioned in paragraph (a) to give to the authorised officer any information which the authorised officer may reasonably require with regard to the provision of telecommunications services,
(e) make such inspections, tests and measurements of machinery, apparatus and other equipment on the premises as he or she considers appropriate.
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paragraphs: —(1) A person who—
(a) fails to pay a levy imposed under section 6 ,
(b) fails to comply with an order made by the Minister under section 7 (2),
(c) fails to comply with a request made by the Minister under section 7 (4),
(d) obstructs or impedes an authorised officer in the exercise of a power conferred by section 12 (3), or
(e) fails to comply with a requirement under section 12 (3),
shall be guilty of an offence under this section.
(2) A person who has been found guilty of an offence under this section shall—
(a) be liable on summary conviction, to a fine not exceeding £1,500 (together with, in the case of a continuing offence, a fine not exceeding £100 for every day on which the offence is continued and not exceeding in total an amount which, when added to any other fine under this subsection in relation to the offence concerned, equals £1,500), or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment, or
(b) be liable on conviction on indictment, to a fine not exceeding £50,000 (together with, in the case of a continuing offence, a fine not exceeding £5,000 for every day on
which the offence is continued), or to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.
(3) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person, being a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(4) Summary proceedings for an offence under this Act may be brought and prosecuted by the Director.
(5) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this Act may be brought within 12 months from the date of the offence.
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paragraphs: —(1) The enactments mentioned in column (2) of Part I of the Third Schedule are hereby repealed to the extent mentioned in column (3) of that Schedule.
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paragraphs: —Every order made under this Act (other than an order made under section 7 or under section 17 (2)) shall, as soon as may be after it is made, be laid before each of the Houses of the Oireachtas and if a resolution annulling the order is passed by either such House within the next subsequent 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything done thereunder.
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paragraphs: —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
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paragraphs: —(1) This Act may be cited as the Telecommunications (Miscellaneous Provisions) Act, 1996.
(2) Subject to subsection (3), this Act shall come into operation on such day or days as, by order or orders of the Minister under this section, may be appointed therefor either generally or with reference to any particular purpose or provision, and different days may also be appointed for different purposes and different provisions of this Act.
(3) This Act shall come into operation 90 days following its passing unless an order or orders has or have been made under subsection (2).