Broadcasting and Wireless Telegraphy Act, 1988

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Prohibition notice.

7.—(1) (a) Where the Minister is of opinion that a broadcast has been made from any premises or vehicle in contravention of section 3 (1) of this Act, he may by a notice in writing (in this section referred to as a “prohibition notice”) addressed to and served on either or both of the following, namely, Bord Telecom Éireann and the Electricity Supply Board require the person to whom it is addressed to comply with the requirements of the notice.

(b) A person to whom a prohibition notice is addressed and on whom it is served shall, for so long as the notice is in operation, comply with the requirements of the notice.

(2) A prohibition notice shall—

(a) specify—

(i) the person or persons to whom it is addressed,

(ii) the premises from which the Minister is of opinion the broadcast to which it relates was made, and

(iii) the date or dates on which the Minister is of opinion such broadcast was made, and

(b) require a person to whom it is addressed, for so long as the notice is in operation, not to offer to provide, or provide or maintain, to a connection point in the premises specified in the notice,

(i) in case such a person is Bord Telecom Éireann, a telecommunications service,

(ii) in case such a person is the Electricity Supply Board, a supply of electricity.

(3) A person on whom a prohibition notice is served pursuant to subsection (1) of this section shall be immune from liability in respect of anything done or omitted to be done by that person in pursuance of the notice.

(4) Where a prohibition notice is served pursuant to subsection (1) of this section and a premises is specified in the notice, the Minister shall, as soon as may be, serve a copy of the notice on the occupier of the premises together with a statement that such occupier may, within the period of fourteen days beginning on the date of the notice, make representations to the Minister showing why the prohibition notice should not come into operation (which representations are hereby authorised to be made).

(5) Unless it is previously withdrawn, a prohibition notice shall come into operation on such day as the Minister shall determine (being a day not earlier than the day immediately following the expiration of the period of fourteen days referred to in subsection (4) of this section).

(6) When a prohibition notice comes into operation—

(a) it shall remain in operation until it is withdrawn, and

(b) for so long as it remains in operation, a person to whom the notice is addressed shall not offer to provide, or provide or maintain to a connection point in the premises specified in the notice a telecommunications service or a supply of electricity, as may be appropriate having regard to the terms of the notice.

(7) A notice or copy of a notice required to be served on a person by this section shall be served on him in some one of the following ways:

(a) where it is addressed to him by name, by leaving it at his registered or principal office or at his principal place of business,

(b) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or at his registered or principal office, or at his principal place of business or, in a case in which an address for service has been furnished, at that address.

(8) Where a copy of a prohibition notice is required by this section to be served on an occupier of any premises and the name of the occupier cannot be ascertained by reasonable inquiry, it may be addressed to “the occupier” without naming him.

(9) For the purposes of this section, a company within the meaning of the Companies Act, 1963 , shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.