The details sought are set out in the reply below. This was set out in the reply to the question referred to by the Deputy. However, the reply issued late as it took some time to compile the information. While information in relation to non-commenced provisions is readily available, this is not the case in relation to provisions which provide for regulations, where the introduction of regulations may be optional to the effective operation of the provision itself.
Details of the sections of enacted legislation that have not been commenced where the responsibility lies in me as Minister to commence that section are outlined in the table below.
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Title of Legislation
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Sections Not Commenced
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Communications Regulation (Postal Services) Act, 2011
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Section 48
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Telecommunications Services (Ducting and Cables) Act 2018
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All Sections
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National Cultural Institutions Act 1997
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Sections 49 (14), 52, 53, 54, 55, 56, 57, 58, 59, 65, and 66.
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Online Safety and Media Regulation Act 2022
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• Sections 36, 40, 49, 51, 52(b), 53, and 74.
• Section 47 of the Online Safety and Media Regulation Act 2022 but only in so far as Part 8B of the Broadcasting Act 2009 as inserted by section 47 relates to a failure to comply with section 128B(1) or (2), or any rules made under section 128C.
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Details of the sections of enacted legislation which provide for the making of regulations by me as Minister that have not been made are outlined in the table below.
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Title of Legislation
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Sections providing for the making of Regulations where Regulations have not been made
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Postal and Telecommunications Services Act, 1983
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Section 95
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Communications Regulations and Digital Hub Development Agency (Amendment) Act 2023 (No. 4 of 2023)
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Sections 6, 37, 41, 49, 74, 81, 82, 86, 87, 89, 94, 99
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Telecommunications Services (Ducting and Cables) Act 2018
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Sections 3 and 5
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National Cultural Institutions Act 1997
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Section 7 [which comprised subsections 7(1)(a) 7(1)(b) and 7(2)], and Section 68 (2)(a), which amends Section 3 of the 1994 Act.
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Broadcasting Act 2009
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Section 33:
• Subsection (1)(e) provides that the Minister may prescribe an additional body to which Coimisiún na Meán may disclose personal data in specified circumstances
• Subsection (2)(e) provides that the Minister may prescribe circumstances under which Coimisiún na Meán may disclose personal date to specified bodies
• Subsection (3B) provides that the Minister may make regulations prescribing suitable and specific measures for the processing of special categories of personal data under the section.
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Details of the sections of enacted legislation or secondary legislation which provide for the publication of guidelines by me as Minister that have not been published are outlined in the table below.
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Title of Primary or Secondary Legislation
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Sections of Primary or Secondary legislation providing for the publication of guidelines where guidelines have not been published
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Communications Regulations and Digital Hub Development Agency (Amendment) Act 2023 No. 4 of 2023
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Section 99
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