Criminal Justice Act 2013

• Permanent Page URL

PART 3

Cessation of Mobile Communications Service in Response to Serious Threat

Definitions (Part 3)

19. In this Part—

“activate”, in relation to an explosive or other lethal device, includes discharge and detonate;

“authorisation” means an authorisation given under section 22 ;

“cessation” means the cessation by an undertaking, in compliance with a direction, of the provision of a mobile communications service within a particular geographical area;

“cessation period” means the period, referred to in section 24 (3)(c), during which an undertaking is directed, under a direction, to cease providing a mobile communications service;

“direction” means a direction issued under section 24 ;

“electronic communications service” has the same meaning as it has in section 2 of the Communications Regulation Act 2002 ;

“explosive or other lethal device” has the same meaning as it has in section 10 (9) of the Criminal Justice (Terrorist Offences) Act 2005 ;

“geographical area” means a geographical area that covers all or a part of the State;

“Minister” means the Minister for Justice and Equality;

“mobile communications service” means a publicly available electronic communications service that is provided by an undertaking wholly or mainly by means of a mobile terrestrial network;

“serious threat” means an imminent threat that—

(a) an explosive or other lethal device will be activated by use of a mobile communications service provided in the State by an undertaking, and

(b) the activation of that explosive or other lethal device is likely to cause—

(i) death of a person,

(ii)serious bodily injury to a person, or

(iii) substantial damage to property;

“undertaking” means a person who is for the time being authorised or licensed in the State to provide a mobile communications service;

“user” means a person using a mobile communications service, for private or business purposes, whether or not he or she has subscribed to that service.