S.I. No. 210/2006 - European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2003 (Amendment) Regulations 2006
STATUTORY INSTRUMENTS |
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European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2003 (Amendment) Regulations 2006 |
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I, Noel Dempsey, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive No. 2002/21/EC of the European Parliament and of the Council of 7 March 2002,1 hereby make the following Regulations: |
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Citation and commencement |
1. (1) These Regulations may be cited as the European Communities (Electronic Communications Networks and Services) (Framework) (Amendment) Regulations 2006. |
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(2) These Regulations come into operation on 2 May 2006. |
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Principal Regulations |
2. In these Regulations, -Principal Regulations- means the European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2003 ( S.I. No. 307 of 2003 ). |
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Amendment of Regulation 2 of Principal Regulations (Interpretation) |
3. Regulation 2 of the Principal Regulations is amended by inserting in paragraph (1) the following definition after the definition of -Data Protection Directive-: |
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--decision- includes designation, determination, specification, requirement, direction, notification, and notice, and any other act of an equivalent nature;-. |
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Amendment of Regulation 3 of Principal Regulations (Application for appeal against decision of Regulator) |
4. Regulation 3 of the Principal Regulations is amended- |
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(a) by substituting the following paragraphs for paragraph (1): |
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-(1) Except as provided by paragraph (1A), this Regulation applies to a decision made or given by the Regulator under- |
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(a) these Regulations, or |
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(b) the Authorisation Regulations, or |
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(c) the Access Regulations, or |
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(d) the Universal Service Regulations, or |
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(e) the European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 ( S.I. No. 535 of 2003 ), or |
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(f) Regulation (EC) No. 2887/2000 of the European Parliament and of the Council of 18 December 2000 on unbundled access to the local loop.6 |
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(1A) This Regulation does not apply to a notification or notice given under any of the following provisions: |
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(a) Regulation 35(1) of these Regulations; |
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(b) Regulation 18(1) of the Access Regulations; |
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(c) Regulation 16(2) of the Authorisation Regulations; |
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(d) Regulation 32(2) of the Universal Service Regulations; |
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(e) Regulation 20(1) of the European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 ( S.I. No. 535 of 2003 ); |
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(f) section 44 of the Act of 2002.-; |
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(b) by substituting the following paragraph for paragraph (3): |
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-(3) A user or undertaking aggrieved by a decision to which this Regulation applies may appeal against the decision by lodging an appeal notification with the Minister and the Regulator.-; |
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(c) in paragraph (4), by substituting the following subparagraph for subparagraph (b): |
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-(b) state the name and address of the appellant and of the person (if any) acting on behalf of the user or undertaking,-; |
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(d) in paragraph (4), by substituting the following subparagraph for subparagraph (e): |
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-(e) be made within 28 days after the decision was notified to the user or undertaking.-. |
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EXPLANATORY NOTE |
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(This note is not part of the Instrument and does not purport to be a legal interpretation) |
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The amending regulations widen the scope of the decisions made by the Commission for Communications Regulation (ComReg) that can be appealed to the Electronic Communications Appeals Panel (ECAP) by a user or undertaking. |
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