Telecom Eireann

Table of Contents

POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983

AN ACT TO PROVIDE FOR THE REORGANISATION OF THE POSTAL AND TELECOMMUNICATIONS SERVICES, TO CONSTITUTE AUTHORITIES FOR THAT PURPOSE AND TO MAKE PROVISION FOR THE ASSIGNMENT TO THOSE AUTHORITIES OF FUNCTIONS HERETOFORE EXERCISED BY THE MINISTER FOR POSTS AND TELEGRAPHS; TO REPEAL, AMEND OR ADAPT ENACTMENTS RELATING TO THE POSTAL AND TELECOMMUNICATIONS SERVICES AND THE SAVINGS BANKS AND TO MAKE OTHER PROVISIONS IN RELATION TO THE MATTERS AFORESAID. [13th July, 1983]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General

Short title.

1.—This Act may be cited as the Postal and Telecommunications Services Act, 1983.

Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“company” means the postal company or the telecommunications company, as the case may require;

“the Companies Acts” means the Companies Act, 1963 , and the Acts which by virtue of any enactment are to be construed with it as one Act;

“functions” includes powers and duties;

“Minister” means the Minister for Posts and Telegraphs;

“postal company” means the company referred to in section 10 (1) (a);

“recognised trade unions and staff associations” means trade unions and staff associations recognised by the company for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions, of employees;

“recognised unions and associations” means unions and associations recognised by the postal company for the purpose of negotiations which are concerned with the contracts entered into by the company with postmasters;

“State authority” means an authority being—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

“telecommunications company” means the company referred to in section 10 (1) (b);

“vesting day” means the day appointed under section 9 (2) to be the vesting day.

(2) Any word or expression to which a particular meaning is assigned by the Post Office Acts, 1908 to 1951, the Post Office Savings Bank Acts, 1861 to 1958, or the Telegraph Acts, 1863 to 1916, has in this Act, except where the context otherwise requires, the meaning so assigned.

(3) A reference in this Act to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended.

(4) A reference in this Act to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(5) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.

(6) Where any function of either company is, under the memorandum of association of a subsidiary (within the meaning of section 155 of the Companies Act, 1963 ) of that company, a function of the subsidiary every provision of this Act or any other enactment relating to the company shall, in respect of that function, apply to the subsidiary as it applies to the company.

Laying of orders and regulations before Houses of Oireachtas.

3.—Every order (other than an order under paragraph 2 of the Second Schedule ) and every regulation made by the Minister, the Minister for Finance or the Minister for Trade, Commerce and Tourism under this Act or made by the postal company under section 84 or by the telecommunications company under section 98 shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Penalties.

4.—(1) A person guilty of an offence under—

(a) section 45 of the Telegraph Act, 1863,

(b) section 6 of the Telegraph Act, 1869,

(d) section 53A (inserted by the Fourth Schedule ) or 62 of the Post Office Act, 1908 ,

(e) section 13 of the Post Office (Amendment) Act, 1951 , or

(f) section 37 , 63 , 84 , 87 , 98 or 99 of this Act,

shall be liable—

(i) on summary conviction, to a fine not exceeding £800 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both the fine and the imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £50,000 or, at the discretion of the court, to imprisonment for a term not exceeding 5 years or to both the fine and the imprisonment.

(2) On conviction of a person on indictment for an offence to which subsection (1) relates the court may, in addition to any other penalty, order any apparatus, equipment or other thing used to commit the offence to be forfeited.

(3) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence to which subsection (1) relates as if, in lieu of the penalties provided for in subsection (3) of the said section, there were specified therein the penalties provided for in subsection (1) (i) of this section, and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.

(4) Where an offence to which subsection (1) relates 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 (or any person acting on his behalf) being a director, manager, or secretary of such body, that person or the person so acting, as the case may be, shall also be guilty of that offence.

Proceedings.

5.—(1) Summary proceedings for an offence under section 37 may be brought and prosecuted by the postal company or the telecommunications company, as the case may require.

(2) Summary proceedings for an offence under section 63 or 84 may be brought and prosecuted by the postal company.

(3) Summary proceedings for an offence under section 87 , 98 (1), 98 (3) or 99 may be brought and prosecuted by the telecommunications company.

(4) Summary proceedings for an offence under—

(a) the Railways (Conveyance of Mails) Act, 1838 ,

(b) the Stamp Act, 1891,

(d) the Post Office Savings Bank Acts, 1861 to 1958,

(e) the Forgery Act, 1913,

(f) the Misuse of Drugs Act, 1977 ,

(g) the Post Office Acts, 1908 to 1951,

in relation to any function of the postal company may be brought and prosecuted by the postal company.

(5) Summary proceedings for an offence under—

(a) the Telegraph Acts, 1863 to 1916,

(b) the Post Office (Protection) Act, 1884 ,

in relation to any function of the telecommunications company may be brought and prosecuted by the telecommunications company.

(6) Summary proceedings may be brought and prosecuted by the Minister for an offence under section 6 of the Telegraph Act, 1869, or under section 37 , 63 , 84 , 87 or 98 of this Act.

(7) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence to which any provision of this Act relates may be instituted within 12 months from the date of the offence.

Expenses.

6.—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.

Repeals and revocations.

7.—The enactments specified in the Third Schedule are hereby repealed or revoked with effect from the vesting day to the extent specified in the third column.

Consequential amendment of enactments.

8.—(1) Every enactment mentioned in the Fourth Schedule shall, on and after the vesting day, have effect as amended in the third column and shall be construed accordingly.

(2) The Minister may, for the purpose of giving full effect to the assignment of functions under this Act to either company, by order adapt any enactment with the consent of any other Minister responsible for the administration of that enactment.

PART II

Establishment of an Post and Bord Telecom Éireann

Formation of companies.

9.—(1) The Minister, after consultation with the Minister for Finance, shall cause two limited companies conforming to the conditions laid down in this Act to be formed and registered under the Companies Acts.

(2) The Minister shall by order appoint a day to be the vesting day for each of the two companies as soon as practicable after the companies have been registered.

Names and capital formation of companies.

10.—(1) The names of the companies shall be, respectively—

(a) An Post or, in the English language, The Post Office, and

(b) Bord Telecom Éireann or, in the English language, The Irish Telecommunications Board.

(2) Each company shall be exempt from the requirement of section 6 (1) (a) of the Companies Act, 1963 , to include the word “limited” or “teoranta” in its title.

(3) (a) Subject to paragraph (c), the authorised share capital of An Post shall be an amount not exceeding the total of the following—

(i) the value of the property to be transferred to the company on the vesting day under sections 40 and 41 ,

(ii) the amount of money which may be made available to the company under section 29 (1) to finance capital works, and

(iii) the amount of working capital to be made available to the company under section 31 ,

divided into shares of one pound each.

(b) Subject to paragraph (c), the authorised share capital of Bord Telecom Éireann shall be an amount not exceeding the total of the following—

(i) the value of the property to be transferred to the company on the vesting day under sections 40 and 41 , less the amount by which sums issued by the Minister for Finance under the Telecommunications Capital Acts, 1924 to 1981, which have not been repaid before that day exceed the sum of £355,000,000 plus the amount of the outstanding liability of the Minister to Irish Telecommunications Investments Limited immediately before the vesting day, and

(ii) the amount of working capital to be made available to the company under section 31 ,

divided into shares of one pound each.

(c) The totals obtained under paragraphs (a) and (b) shall, if required, be rounded upwards to the nearest £500,000 or £1,000,000, as the case may be.

(d) Each company may, with the consent of the Minister and the Minister for Finance, divide the shares in its share capital into several classes and attach thereto respectively any preferential, deferred, qualified or special rights, privileges or conditions.

Form of memorandum of association.

11.—The memorandum of association of each company shall be in such form consistent with this Act as may be approved of by the Minister with the consent of the Minister for Finance.

Principal objects of postal company.

12.—(1) The principal objects of the postal company shall be stated in its memorandum of association to be—

(a) to provide a national postal service within the State and between the State and places outside the State,

(b) to meet the industrial, commercial, social and household needs of the State for comprehensive and efficient postal services and, so far as the company considers reasonably practicable, to satisfy all reasonable demands for such services throughout the State,

(c) to provide services by which money may be remitted (whether by means of money orders, postal orders or otherwise) as the company thinks fit,

(d) to provide counter services for the company’s own and Government business and, provided that they are compatible with those services and with the other principal objects set out in this subsection, for others as the company thinks fit, and

(e) to provide such consultancy, advisory, training and contract services inside and outside the State as the company thinks fit.

(2) Nothing in this section shall prevent or restrict the inclusion among the objects of the company as stated in its memorandum of association of all such objects and powers as are reasonably necessary or proper for or incidental or ancillary to the due attainment of the principal objects aforesaid and are not inconsistent with this Act.

(3) The company shall have power to do anything which appears to it to be requisite, advantageous or incidental to, or which appears to it to facilitate, either directly or indirectly, the performance by it of its functions as specified in this Act or in its memorandum of association and is not inconsistent with any enactment for the time being in force.

General duty of postal company.

13.—(1) It shall be the general duty of the postal company to conduct the company’s affairs so as to ensure that—

(a) charges for services are kept at the minimum rates consistent with meeting approved financial targets, and

(b) revenues of the company are not less than sufficient to—

(i) meet all charges properly chargeable to revenue account (including depreciation of assets and proper allocation to general reserve) taking one year with another,

(ii) generate a reasonable proportion of capital needs, and

(iii) remunerate capital and repay borrowings.

(2) Nothing in section 12 or this section shall be construed as imposing on the company, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.

Principal objects of telecommunications company.

14.—(1) The principal objects of the telecommunications company shall be stated in its memorandum of association to be—

(a) to provide a national telecommunications service within the State and between the State and places outside the State,

(b) to meet the industrial, commercial, social and household needs of the State for comprehensive and efficient telecommunications services and, so far as the company considers reasonably practicable, to satisfy all reasonable demands for such services throughout the State, and

(c) to provide such consultancy, advisory, training and contract services inside and outside the State as the company thinks fit.

General duty of telecommunications company.

15.—(1) It shall be the general duty of the telecommunications company to conduct the company’s affairs so as to ensure that—

(a) charges for services are kept at the minimum rates consistent with meeting approved financial targets, and

(b) revenues of the company are not less than sufficient to—

(i) meet all charges properly chargeable to revenue account (including depreciation of assets and proper allocation to general reserve) taking one year with another,

(ii) generate a reasonable proportion of capital needs, and

(iii) remunerate capital and repay borrowings.

(2) Nothing in section 14 or this section shall be construed as imposing on the company, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.

Articles of association.

16.—(1) The articles of association of each company shall be in such form consistent with this Act as may be approved of by the Minister with the consent of the Minister for Finance and, where appropriate, the consent of the Minister for the Public Service.

(2) The articles of association of each company shall provide that—

(a) the number of directors (including the chairman) shall be at least 12 or such greater number as the Minister with the consent of the Minister for Finance may determine from time to time;

(b) the chairman and other directors shall be appointed and may be removed from office by the Minister with the consent of the Minister for Finance;

(c) the remuneration of the chairman and other directors shall be determined by the Minister with the consent of the Minister for the Public Service;

(d) no person shall be appointed as auditor of the company without the approval of the Minister given with the consent of the Minister for Finance;

(e) the company shall, in consultation and agreement with recognised trade unions and staff associations, set up machinery for the purposes of negotiations concerned with the pay and conditions of service of its staff;

(f) the company shall not invest in any other undertaking without the approval of the Minister given with the consent of the Minister for Finance.

(3) The articles of association of the postal company shall provide that the company shall, in consultation and agreement with recognised unions and associations, set up machinery for the purposes of negotiations concerning the remuneration and other contractual conditions of postmasters.

Restriction on alteration of memorandum or articles of association.

17.—Notwithstanding anything contained in the Companies Acts, no alteration in the memorandum of association or articles of association of either company shall be valid or effectual unless made with the prior approval of the Minister given with the consent of the Minister for Finance and, where appropriate, the consent of the Minister for the Public Service. Any proposed alteration shall be notified by the company to recognised trade unions and staff associations and recognised unions and associations.

Issue of shares to the Minister in consideration of transfer of property.

18.—(1) The postal company shall issue shares to the Minister to the value of the property transferred to it on the vesting day in accordance with sections 40 and 41 .

(2) The telecommunications company shall issue shares to the Minister to the value of the property transferred to it on the vesting day in accordance with sections 40 and 41 , less the amount by which sums issued by the Minister for Finance under the Telecommunications Capital Acts, 1924 to 1981, which have not been repaid before that day exceed the sum of £355,000,000 plus the amount of the outstanding liability of the Minister to Irish Telecommunications Investments Limited immediately before the vesting day.

(3) The Minister, with the consent of the Minister for Finance and following consultation with the company concerned, shall issue as soon as possible after the vesting day a certificate certifying the sum which in his opinion represents the value of the property transferred to the company.

(4) Each company, after receipt of the certificate, shall issue to the Minister without payment by him fully paid-up shares of the company equal in nominal value to the sum so certified in respect of that company subject, in the case of the telecommunications company, to the adjustment of that sum as provided in subsection (2).

Issue of shares to Minister for Finance.

19.—(1) The postal company shall issue to the Minister for Finance one share of one pound in the share capital of the company.

(2) The telecommunications company shall issue to the Minister for Finance one share of one pound in the share capital of the company.

(3) Subject to subsection (4), the Minister for Finance may exercise in respect of his share in the share capital of each company all the rights and powers of a holder of such shares and, where a right or power is exercisable by attorney, exercise it by his attorney.

(4) The Minister for Finance shall not transfer or alienate his share in the share capital of either company.

Issue of shares to subscribers to memorandum of association of each company.

20.—(1) One share in the share capital of the postal company shall be allotted to each of the subscribers to the memorandum of association of that company.

(2) One share in the share capital of the telecommunications company shall be allotted to each of the subscribers to the memorandum of association of that company.

(3) The cost of such shares shall be advanced to the subscribers out of the Central Fund or the growing produce thereof.

Restriction on issue of share capital.

21.—No issue of share capital shall be made other than those referred to in sections 18 , 19 , 20 , 29 and 31 .

Acquisition of shares and exercise of powers by the Minister.

22.—(1) The Minister may take up by subscription shares in each company.

(2) The Minister may, subject to this Act, exercise in respect of the shares of each company held by him all the rights and powers of a holder of such shares and, where a right or power is exercisable by attorney, exercise it by his attorney.

Transfer by Minister of shares.

23.—(1) The Minister may, from time to time as occasion requires for the purpose of compliance with so much of the Companies Acts as requires that there shall always be at least two members of each company, transfer to any person one of his shares in such company.

(2) Save as authorised by subsection (1), the Minister shall not transfer or alienate any of his shares in either company.

Provision of money for share subscriptions.

24.—(1) All money required by the Minister to meet payments required to be made by him in respect of shares taken up by him shall be advanced to him by the Minister for Finance out of the Central Fund or the growing produce thereof.

(2) The Minister for Finance shall have power to borrow money or to create and issue securities for the purpose of subsection (1) and shall pay all money so borrowed into the Exchequer.

(3) The principal of and interest on any securities issued under this section shall be a charge on the Central Fund or the growing produce thereof.

Obligation of shareholder (other than the Minister) to hold share in trust.

25.—(1) A member of either company (other than the Minister) shall hold his share in the company issued under section 20 in trust for the Minister and shall accordingly be bound to pay all dividends and other money which he receives in respect of the share to the Minister for the benefit of the Exchequer and to transfer, as and when required by the Minister, the share to the Minister or a person nominated in that behalf by the Minister.

(2) Save when required pursuant to subsection (1), such member shall not transfer or alienate his share.

Payment of dividends, etc., into Exchequer.

26.—(1) All amounts representing dividends or other money received by the Minister in respect of shares of either company shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(2) All amounts representing dividends or other money received by the Minister for Finance in respect of his share in the share capital of either company and all amounts representing repayment of or interest on loans received or recovered by him from either company shall be paid into or disposed of for the benefit of the Exchequer in such manner as he may direct.

Power to borrow.

27.—(1) (a) Each company may, by means of the issue of debentures or otherwise, borrow money (including money in a currency other than the currency of the State) for capital purposes including working capital but, where a borrowing is not from the Minister for Finance, it shall require the consent of the Minister and the Minister for Finance.

(b) The aggregate at any one time of borrowings by the postal company under paragraph (a) shall not exceed £58,500,000.

(c) The aggregate at any one time of borrowings by the telecommunications company under paragraph (a) shall not exceed £1,400,000,000.

(d) For the purposes of this subsection moneys borrowed in a currency other than the currency of the State shall be deemed to be the equivalent in the currency of the State of the actual moneys borrowed, such equivalent being calculated according to the rate of exchange at the time of the borrowing for that currency and the currency of the State.

(2) Each company may borrow money (including money in a currency other than the currency of the State) temporarily but the aggregate at any one time of such borrowing shall not exceed such amount as has been approved by the Minister with the consent of the Minister for Finance.

(3) (a) Without prejudice to section 2 (6), references in subsections (1) and (2) to either company include references to a subsidiary (within the meaning of section 155 of the Companies Act, 1963 ) of that company.

(b) Where either company and a subsidiary thereof have at any one time borrowings under this section, the limits on borrowings provided for apply to the aggregate at any one time of borrowings by the company concerned and the subsidiary and, in the case of subsections (1) (c) and (2), borrowings before the vesting day by Irish Telecommunications Investments Limited.

Guaranteeing by Minister for Finance of borrowings.

28.—(1) The Minister for Finance, after consultation with the Minister, may guarantee, in such form and manner and in such money (including money in a currency other than the currency of the State) and on such terms and conditions as he thinks fit, the due repayment by either company of the principal of any money borrowed by that company or the due payment of instalments or other amounts of money owed by the company under a contract entered into by the company or the payment of interest on any money, instalment or amount or both the repayment of principal or payment of such instalments or amounts, as the case may be, and payment of the interest, and any such guarantee may include a guarantee of payment of commission and incidental expenses arising in connection with such borrowings or such contract.

(2) The Minister for Finance shall not so exercise the powers conferred on him by this section that the amount, or the aggregate amount, of money which he may at any one time be liable to pay on foot of any guarantee or guarantees under this section for the time being in force, together with the amount of money (if any) which he has previously paid on foot of any guarantee under this section and which has not been repaid by the company, exceeds—

(a) £8,500,000 in the case of the postal company, or

(b) £1,400,000,000 in the case of the telecommunications company.

(3) For the purpose of calculating the amount of borrowings or instalments or other money guaranteed by the Minister for Finance under this section by reference to the limit on money in subsection (2), the equivalent in the currency of the State of borrowings or instalments or other money in a foreign currency shall be calculated at the exchange rate prevailing at the time of the giving of the guarantee.

(4) Where a guarantee under this section is or has been given, the company shall, if the Minister for Finance so requires, give to him such security (including, in particular, debentures) as may be specified in the requirement for the purposes of securing to the said Minister the repayment of any money which he may be liable to pay or has paid under the guarantee.

(5) The Minister for Finance shall, as soon as may be after the expiration of every financial year, lay before each House of the Oireachtas a statement setting out with respect to each guarantee under this section given during that year or given at any time before, and in force at, the commencement of that year—

(a) particulars of the guarantee,

(b) in case any payment has been made by him under the guarantee before the end of that year, the amount of the payment and the amount (if any) repaid to him on foot of the payment,

(6) Money paid by the Minister for Finance under a guarantee under this section shall be repaid to him (with interest thereon at such rate or rates as he appoints) by the company within two years from the date of payment by the said Minister.

(7) Where the whole or any part of the money required by subsection (6) to be repaid to the Minister for Finance has not been repaid in accordance with that subsection, the amount so remaining outstanding shall be repaid to the Central Fund out of moneys provided by the Oireachtas.

(8) Notwithstanding the provision of money under subsection (7) to repay the amount to the Central Fund, the company shall remain liable to the Minister for Finance in respect of that amount and that amount (with interest thereon at such rate or rates as the said Minister appoints) shall be repaid to the said Minister by the company at such times and in such instalments as he appoints and, in default of repayment as aforesaid and without prejudice to any other method of recovery, shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(9) In relation to a guarantee under this section in money in a currency other than the currency of the State—

(a) each of the references to principal, each of the references to instalments or other amounts of money, each of the references to interest and the reference to commission and incidental expenses in subsection (1) shall be taken as referring to the equivalent in the currency of the State of the actual principal, the actual instalments or other amounts of money, the actual interest or the actual commission and incidental expenses, as may be appropriate;

(b) the reference to the amount of money in subsection (5) (c) shall be taken as referring to the equivalent in the currency of the State of the actual amount of money, such equivalent being calculated according to the rate of exchange for the time being for that currency and the currency of the State;

(c) each of the references to money in subsections (6) to (8) shall be taken as referring to the cost in the currency of the State of the actual money.

(10) (a) Without prejudice to section 2 (6), references in this section to either company include references to a subsidiary (within the meaning of section 155 of the Companies Act, 1963 ) of that company.

(b) Where there are in force at any one time guarantees under or by virtue of this section in respect of either company and of a subsidiary thereof, the relevant limit specified in subsection (2) shall apply to the aggregate of the amounts which the Minister for Finance is at any one time liable to pay under such guarantees.

(11) (a) Notwithstanding the repeal of the Irish Telecommunications Investments Limited Act, 1981 , all guarantees given under that Act before the vesting day by the Minister for Finance of borrowings or of payment of instalments or other amounts of money by Irish Telecommunications Investments Limited shall continue in force as if they were given by him under this section.

(b) This subsection is without prejudice to section 21 of the Interpretation Act, 1937 .

Financing of capital works and grants for current expenditure.

29.—(1) (a) The Minister for Finance, after consultation with the Minister, may make available to the postal company a sum not exceeding £50,000,000 to finance capital works.

(b) Such sum may be made available either—

(i) by way of loans on such terms as to repayment, interest and other matters as may be determined by the Minister for Finance, or

(ii) by way of purchase of shares in the company (such shares to be issued to the Minister), or

(iii) by way of both such loans and purchase.

(2) During the period of three years from the vesting day, the Minister for Finance, after consultation with the Minister, may make available to the postal company grants of an amount not exceeding £20,000,000 for current expenditure.

Provision of money for payments out of Central Fund.

30.—(1) All money from time to time required by the Minister for Finance to meet sums which may become payable by him under section 28 or 29 shall be advanced out of the Central Fund or the growing produce thereof.

(2) The Minister for Finance may, for the purpose of providing for advances out of the Central Fund under this section, borrow on the security of the Central Fund or the growing produce thereof any sums required for the purpose and, for the purpose of such borrowing, he may create and issue securities bearing interest at such rate and subject to such conditions as to repayment, redemption or any other matter as he thinks fit, and shall pay all sums so borrowed into the Exchequer.

(3) The principal of and interest on all securities issued under this section and the expenses incurred in connection with the issue of the securities shall be charged on and payable out of the Central Fund or the growing produce thereof.

Provision of working capital for each company.

31.—(1) The Minister for Finance shall make available as working capital—

(a) to the postal company, an amount not exceeding £10,000,000, and

(b) to the telecommunications company, an amount not exceeding £150,000,000.

(2) Liabilities of the Minister and the companies under sections 85 , 93 and 101 may, subject to the approval of the Minister and the Minister for Finance, be discharged by due account being taken of them, along with other properly reckonable amounts, in the calculation of the working capital to be made available to the companies under subsection (1).

(3) Each company shall issue to the Minister shares to the value of the working capital made available to it under subsection (1).

(4) Money required to be paid by the Minister for Finance under this section shall be advanced out of the Central Fund or the growing produce thereof.

Accounts and audits.

32.—(1) Each company shall keep, in such form as may be approved of by the Minister with the consent of the Minister for Finance, all proper and usual accounts of all money received by or expended by it, including a profit and loss account and a balance sheet, and, in particular, shall keep in such from as aforesaid all such special accounts as the Minister may from time to time direct.

(2) Accounts kept in pursuance of this section shall be submitted annually by the company to an auditor for audit and, immediately after the audit, a copy of the profit and loss account and of the balance sheet and of such other (if any) of the accounts as the Minister may direct and a copy of the auditor’s report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.

Annual report and furnishing of information to Minister.

33.—(1) As soon as may be after the end of each accounting year, each company shall make a report to the Minister of its activities during that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) After such period as the Minister may determine, every annual report shall include information, in such form as the Minister may direct after consultation with the company and with the consent of the Minister for Finance, regarding the cost-effectiveness of the operations of the company.

(3) Each company shall, if so required by the Minister, furnish to him such information as he may require in respect of any balance sheet, account or report of the company or in relation to the policy and operations of the company other than day-to-operations.

Employee directors.

34.—(1) The Minister shall, as respects each company, appoint to be a director of the company each employee of the company who is elected in accordance with this section. The number to be elected at any such election shall be one-third of the number of directors provided for by the articles of association of the company for the time being.

(2) An appointment under this section shall be in writing and shall specify the day on and from which and the period during which it is to have effect, which period shall be determined by the Minister.

(3) The term of office of a director of a company who is appointed under this section shall, unless he sooner dies, resigns, leaves the employment of the company, becomes disqualified or is removed from office, terminate on the expiration of the period for which he was appointed.

(4) The Minister may appoint an employee of the company eligible to be nominated as a candidate at an election under this section to fill a casual vacancy arising by reason of an event mentioned in subsection (3) for the remainder of the term of office of the director whose vacancy is to be filled.

(5) A director of a company appointed under this section shall, subject to this section, be eligible for nomination as a candidate and for election at an election for the purposes of this section.

(6) An election for the purposes of this section shall be held within 12 months after the vesting day or such longer period as may be agreed between the company and recognised trade unions and staff associations and in each third year thereafter.

(7) Part I of the First Schedule shall apply for the purposes of an election under this section.

(8) (a) The Minister shall appoint to be a director of the postal company the person who was appointed by him on the nomination of staff organisations as a member of the Interim Board for Posts (An Bord Poist), which was established by the Minister before the passing of this Act, if such person is—

(i) appointed to be a member of the Interim Postal Board under section 50 , and

(ii) is a member of that Board immediately before the vesting day.

(b) The Minister shall appoint to be a director of the telecommunications company each person who was appointed by him on the nomination of staff organisations as a member of the Interim Board for Telecommunications (An Bord Telecom), which was established by the Minister before the passing of this Act, if such person is—

(i) appointed to be a member of the Interim Telecommunications Board under section 50 , and

(ii) is a member of that Board immediately before the vesting day.

(c) The term of office of any director appointed under paragraph (a) or (b) shall begin on the vesting day, may be terminated by the Minister and shall, at the latest, cease on the day on which directors are appointed after elections under this section.

Remuneration, etc., of directors appointed under section 34 .

35.—(1) Where any allowance payable to a director of either company is being determined by the company, the company shall not have regard to the fact that the director was, or was not, as the case may be, appointed under section 34 .

(2) A person who is appointed under section 34 to be a director of a company and whose duties as such director are not whole time shall not suffer any reduction in the remuneration or allowance which, as an employee of the company, he would, if he were not such a director, normally expect to receive.

Disclosure by directors of certain interests.

36.—(1) Where at a meeting of the directors of either company any of the following matters arises, namely—

(a) an arrangement to which the company is a party or a proposed such arrangement, or

(b) a contract or other agreement with the company or a proposed such contract or other agreement,

then any director of the company present at the meeting who otherwise than in his capacity as such a director is in any way, whether directly or indirectly, interested in the matter shall at the meeting disclose to the company the fact of such interest and the nature thereof and shall not vote on a decision relating to the matter and, where an interest is disclosed pursuant to this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the director by whom the disclosure is made shall not be counted in the quorum for the meeting.

(2) Where at a meeting of the directors of either company a question arises as to whether or not a course of conduct, if pursued by a director of the company, would be a failure by him to comply with the requirements of subsection (1), the question may be determined by the chairman of the meeting whose decision shall be final and where such a question is so determined particulars of the determination shall be recorded in the minutes of the meeting.

(3) Section 194 of the Companies Act, 1963 , shall not apply to a director of either company.

Prohibition on unauthorised disclosure of information.

37.—(1) A person shall not disclose confidential information obtained by him while performing duties as a director or member of staff of, or an adviser or consultant to, the postal company or the telecommunications company or as a postmaster unless he is duly authorised to do so.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

(3) In this section—

“confidential” means that which is expressed to be confidential either as regards particular information or as regards information of a particular class or description;

“duly authorised” means authorised by the company or by some person authorised in that behalf by the company.

Membership of House of Oireachtas or European Assembly.

38.—(1) Where a director of either company is nominated as a member of Seanad Éireann or as a candidate for election to either House of the Oireachtas or to the Assembly of the European Communities or is appointed to such Assembly, he shall thereupon cease to be a director of the company.

(2) Where a person who is an officer or servant of either company is nominated as a member of Seanad Éireann or as a candidate for election to either House of the Oireachtas or to the Assembly of the European Communities or is appointed to such Assembly, he shall stand seconded from employment by the company and shall not be paid by, or be entitled to receive from, the company any remuneration or allowances—

(a) in case he is nominated as a member of Seanad Éireann or is appointed to such Assembly, in respect of the period commencing on such nomination or appointment, as the case may be, and ending when he ceases to be a member of Seanad Éireann or such Assembly,

(b) in case he is nominated as a candidate for election to either such House or to such Assembly, in respect of the period commencing on his nomination and ending when he ceases to be a member of that House or that Assembly, as the case may be, or fails to be elected or withdraws his candidature, as may be appropriate.

(3) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the Assembly of the European Communities shall, while he is so entitled or is such a member, be disqualified from becoming a director of either company or an officer or servant of either company.

(4) subsection (2) shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in paragraph (a) or (b) of that subsection as service with either company for the purposes of any superannuation benefit.

Appointment of Chief Executives of the companies.

39.—(1) The person who on the passing of this Act is employed as Chief Executive of the Interim Board for Posts (An Bord Poist) established by the Minister before the passing of this Act shall, if so employed immediately before the establishment of the Interim Postal Board under section 50 , be the Chief Executive of that Board and shall, if so employed by that Board immediately before the vesting day, be deemed to have been appointed by the board of the postal company to be the Chief Executive of that company on the conditions on which he was so employed.

(2) The person who on the passing of this Act is employed as Chief Executive of the Interim Board for Telecommunications (An Bord Telecom) established by the Minister before the passing of this Act shall, if so employed immediately before the establishment of the Interim Telecommunications Board under section 50 , be the Chief Executive of that Board and shall, if so employed by that Board immediately before the vesting day, be deemed to have been appointed by the board of the telecommunications company to be the Chief Executive of that company on the conditions on which he was so employed.

(3) Every Chief Executive other than a Chief Executive to whom subsection (1) or (2) applies shall be appointed by the board of the company concerned.

PART III

Provisions Applicable to Both Companies

Transfer of land.

40.—(1) On the vesting day all land which, immediately before that day, was vested in the Minister and was used for the purposes of functions assigned by this Act to one company and was not used in connection with the functions assigned to the other company and all rights, powers and privileges relating to or connected with such land shall, without any conveyance or assignment, stand vested in the first-mentioned company for all the estate or interest for which immediately before the vesting day it was vested in the Minister but subject to all trusts and equities affecting the land subsisting and capable of being performed.

(2) All land vested in the Minister immediately before the vesting day and used partly in connection with functions assigned to one company and partly in connection with functions assigned to the other company and all rights, powers and privileges relating to or connected with such land shall, subject to such exceptions as may be specified by the Minister, without any conveyance or assignment, stand vested on the vesting day in the postal company for all the estate or interest for which immediately before the vesting day it was vested in the Minister but subject to all trusts and equities affecting the land subsisting and capable of being performed.

(3) The Minister may on his own initiative and shall on the application of either company issue a certificate in respect of specified land certifying, as he thinks proper, that the land vested in one or other company under this section or did not so vest in either company and the certificate shall be conclusive evidence of the facts so certified.

(4) (a) The postal company shall make appropriate arrangements with the telecommunications company for the provision of facilities to the latter company for the use of land referred to in subsection (2) which on the day immediately before the vesting day was being used in connection with the functions assigned to the telecommunications company under this Act.

(b) If the companies fail to agree on any arrangement the disagreement shall be referred to the Minister and the companies shall comply with such directions as the Minister may give them in the matter.

(5) Arrangements under subsection (4) may be made by way of lease, licence or other form of agreement at such rents or consideration and on such other terms as may be agreed between the two companies and in fixing the terms of any such agreement regard shall be had to that portion of the cost of the land which had been borne by advances under the Telecommunications Capital Acts, 1924 to 1981.

Transfer of other property.

41.—(1) On the vesting day all property other than land, including choses-in-action, which immediately before that day was the property of the Minister and was used in connection with the functions assigned by this Act to either company shall stand vested in that company without any assignment.

(2) The Minister may on his own initiative and shall on the application of either company issue a certificate in respect of specified property, certifying, as he thinks proper, that the property vested in one or other company under this section or did not so vest in either company and the certificate shall be conclusive evidence of the facts so certified.

(3) Every chose-in-action transferred by subsection (1) to a company may, after the vesting day, be sued on, recovered or enforced by the company in its own name and it shall not be necessary for the company or the Minister to give notice to the person bound by the chose-in-action of the transfer effected by that subsection.

Transfer of rights and liabilities.

42.—(1) All rights and liabilities of the Minister arising by virtue of any contract or commitment (expressed or implied) entered into by him or by the Commissioners of Public Works in Ireland or by the Industrial Development Authority on his behalf before the vesting day in relation to functions assigned to either company under this Act shall on that day stand transferred to that company.

(2) The Minister may on his own initiative and shall on the application of either company issue a certificate in respect of a specified contract or commitment certifying, as he thinks proper, that the rights and liabilities of the Minister thereunder were transferred on the vesting day to one or other company under this section or were not so transferred to either company and the certificate shall be conclusive evidence of the facts so certified.

(3) Every right and liability transferred by subsection (1) to a company may, on and after the vesting day, be sued on, recovered or enforced by or against the company in its own name and it shall not be necessary for the company or the Minister to give notice to the person whose right or liability is transferred by this section of such transfer.

Exemption from stamp duty.

43.— Section 12 of the Finance Act, 1895 , shall not apply to the vesting in a company of any property or rights transferred by this Act or on any lease, licence or other form of agreement under section 40 (4).

Acquisition of land.

44.—(1) Each company may, in accordance with the Second Schedule , acquire compulsorily any land or any easement or other right over land for the purpose of providing a site for, or approaches to, any building or structure intended to be used for the purpose of its exclusive privilege under section 63 or 87 , as the case may be.

(2) No person shall be entitled to acquire compulsorily, except with the consent of the Minister, any land or any easement or other right in respect of land vested in either company.

(3) A company shall not be entitled to acquire under this section any land, easement or other right belonging to the State or a State authority except with the consent of the State authority concerned.

(4) The telecommunications company shall not be entitled to exercise any rights under the Telegraph Acts, 1863 to 1916, in relation to the execution of works affecting any land, easement or other right belonging to the State or a State authority except with the consent of the State authority concerned.

Provisions applicable to staff transferred to companies.

45.—(1) (a) The postal company shall accept into its employment on the vesting day in accordance with the terms of this Act every person who immediately before the vesting day is a member of the staff of the Department of Posts and Telegraphs and is designated by the Minister for employment by that company.

(b) The telecommunications company shall accept into its employment on the vesting day in accordance with the terms of this Act every person who immediately before the vesting day is a member of that staff and is designated by the Minister for employment by that company.

(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a member of the staff of the Department of Posts and Telegraphs who is transferred on the vesting day to either company shall not, while in the service of the company, receive a lesser scale of pay or be brought to less beneficial conditions of service than the scale of pay to which he was entitled and the conditions of service to which he was subject immediately before the vesting day.

(3) Until such time as the scales of pay and conditions of service of staff so transferred are varied by the company, following consultation with recognised trade unions and staff associations, the scales of pay to which they were entitled and the conditions of service, restrictions, requirements and obligations to which they were subject before their transfer shall continue to apply to them and may be exercised or imposed by the board or the Chief Executive, as the case may be, of the relevant company while they are in its service. As provided in subsection (2), no such variation shall operate to worsen the scales of pay and conditions of service applicable to such staff immediately before the vesting day, save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned.

(4) The conditions in regard to tenure of office which are granted by either company in relation to a member of the staff so transferred shall not, while he is in the service of the company, be less favourable to him than those prevailing for the time being in the civil service; any alteration in the conditions in regard to tenure of office of any such member shall not be less favourable to him than the prevailing conditions in the civil service at the time of such alteration, save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned. If a dispute arises between either company and any such member as to conditions prevailing in the civil service, the matter shall be determined by the Minister for the Public Service after consultation with the Minister.

(5) In relation to staff transferred to either company, previous service in the civil service shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Holidays (Employees) Act, 1973 , the Minimum Notice and Terms of Employment Act, 1973 , and the Unfair Dismissals Act, 1977 .

Superannuation.

46.—(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.

(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or allowances are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(3) Subject to subsection (4), every such scheme may be amended or revoked by a subsequent scheme submitted and approved of under this section.

(4) Every scheme under this section shall provide for not less favourable conditions in respect of persons who, immediately before the vesting day, were members of the staff of the Department of Posts and Telegraphs than those to which they were entitled immediately before the vesting day.

(5) Disbursement of pensions, gratuities and other allowances which may be granted to or in respect of persons who, immediately before the vesting day, were members of the staff of the Department of Posts and Telegraphs shall not be on less favourable conditions than would apply if the benefits referred to had continued to be paid out of moneys provided by the Oireachtas.

(6) A scheme submitted by a company under this section shall, if approved of by the Minister with the concurrence of the Minister for the Public Service, be carried out by the company in accordance with its terms.

(7) No pension, gratuity or allowance shall be granted by either company on the resignation, retirement or death of a member of the staff of the company otherwise than in accordance with a scheme under this section.

(8) Where a superannuation allowance falls due for payment to or in respect of a person to whom subsection (4) applies in the period beginning on the vesting day and ending immediately before the coming into operation of a scheme submitted by a company and approved of under this section, the allowance shall be calculated and paid by the company in accordance with such superannuation scheme, or such enactments in relation to superannuation, as applied to such person immediately before the vesting day and, for that purpose, his pensionable service with the company shall be aggregated with his previous pensionable service.

(9) 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, and such scheme or schemes shall, with the like consent, fix the manner and times of the payment of such contribution.

(10) (a) Notwithstanding anything in the Superannuation Acts, 1834 to 1963, and the Superannuation and Pensions Act, 1976 , the Minister for the Public Service may delegate to each company the payment of pensions, gratuities and other allowances to 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 he may specify.

(b) Any delegation under paragraph (a) shall provide for not less favourable conditions than would apply if the benefits referred to had continued to be paid out of moneys provided by the Oireachtas.

(c) Each company shall make payments in accordance with any such delegation to it and shall be reimbursed by the Minister for Finance in respect thereof in such manner and at such times as may be specified in the articles of association of the company.

(11) Moneys required to be paid by the Minister for Finance under this section shall be advanced out of the Central Fund or the growing produce thereof.

Provision for certain welfare funds.

47.—A fund or trust, the objects of which are the provision of benefits for the relief of persons who are or who have been officers or servants of the Minister or of the relatives or dependants of such persons, may be administered by the trustees or managers of the fund so as to include provision for members of the staff of either company and their relatives and dependants and any deed, rules or regulations of the fund or trust shall be construed and have effect accordingly.

Users’ Councils.

48.—(1) The Minister shall establish for each company a Council to be known as the Users’ Council.

(2) Each Council shall consist of not less than 10 and not more than 20 members to be appointed by the Minister.

(3) Each appointment shall be for a period of not more than 3 years.

(4) A Council may settle its own rules of procedure.

(5) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit therein as a member or who is a member of the Assembly of the European Communities shall, while he is so entitled or is such a member, be disqualified from becoming a member of a Council or a member of the staff of a Council.

(6) A member of a Council who is nominated as a member of Seanad Éireann or as a candidate for election to either House of the Oireachtas or to the Assembly of the European Communities or is appointed to such Assembly shall thereupon cease to be a member of the Council.

(7) A member of a Council may resign his office by letter addressed to the Minister and the resignation shall take effect on the date of receipt of the letter by the Minister.

(8) The Minister may remove a member of a Council from office.

Functions of Users’ Councils.

49.—(1) Subject to subsection (2), the functions of a Users’ Council shall be—

(a) to consider any complaint or representation made to it by or on behalf of a user or a prospective user of the services provided within the State by the company under the powers granted to the company by section 63 or 87 , as the case may be;

(b) to consider any matter, other than matters of internal management, related to such services which appear to the Council to warrant consideration;

(c) to advise the Minister or the appropriate company on any matter relating to such services on which the Minister or the company, as the case may be, seeks the Council’s advice;

(d) to publish an annual report and to present the report to the Minister who shall cause a copy of the report to be laid before each House of the Oireachtas.

(2) The functions of a Users’ Council shall not extend to the consideration of any matter concerning the services referred to in subsection (1) which relates to public order or security.

(3) (a) The Minister, after consultation with the Minister for Trade, Commerce and Tourism, the company concerned and any other Minister who appears to the Minister to be concerned, may confer on a Users’ Council such additional functions in relation to protecting the interests of users of the services referred to in subsection (1) as the Minister thinks proper and specifies in the order. Any such order may provide for the performance of the additional functions subject to conditions specified in the order and may contain such incidental and supplementary provisions as the Minister thinks necessary or expedient for giving full effect to the order.

(b) The Minister, after consultation as aforesaid and with the Users’ Council concerned, may by order amend or revoke an order under this subsection.

(c) When an order under this subsection is proposed to be made by the Minister, a draft of the order shall be laid before each House of the Oireachtas and, if a resolution disapproving of the draft is passed by either such House within the next subsequent twenty-one days on which it has sat after the draft is laid before it, the order shall not be made.

(4) The Minister shall, after consultation with the Council, provide each Council with staff and accommodation and, in respect of staff, after consultation with the appropriate company and with the consent of the Minister for the Public Service.

(5) A Council may, with the approval of the Minister, given with the consent of the Minister for the Public Service, employ advisers to assist the Council in its work.

(6) The expenses of a Council shall form part of the expenses of the Minister in the administration of this Act.

(7) The Minister may—

(a) reimburse members of a Council for reasonable expenses incurred by them by virtue of their membership;

(b) recover from the appropriate company the costs incurred by its Council.

(8) Each company shall—

(a) advise its Users’ Council of major plans and major projected developments in relation to any service referred to in subsection (1) (a), and

(b) furnish to its Users’ Council such information as may be necessary to enable it to fulfil its functions (including, in particular, information necessary to enable the Council to respond expeditiously to complaints or representations made to it in accordance with subsection (1) (a)).

(9) A company shall not be required to advise its Council of any plans or projected developments which relate to public order or security or to obligations arising under any international agreement or from membership of an international organisation or under a specific direction of the Minister.

(10) Any amount to be paid to a Council under this section shall be determined by the Minister after consultation with the appropriate company.

(11) Any difference between a company and its Users’ Council as to the information to be furnished to the Council under this section shall, at the request of either party, be determined by the Minister whose decision shall be final.

Appointment of interim postal and telecommunications boards.

50.—(1) As soon as may be after the passing of this Act the Minister shall appoint an interim board for each company which shall be entitled, respectively, An Bord Poist or, in the English language, the Interim Postal Board and An Bord Telecom or, in the English language, the Interim Telecommunications Board.

(2) The Interim Board for a company shall have the following functions—

(a) to prepare for the assumption of the powers, duties and responsibilities to be assigned on the vesting day to that company under this Act,

(b) to perform at the request of the Minister any of the functions to be assigned under this Act to that company.

(3) An Interim Board shall consist of such number of members not exceeding 12 as the Minister may decide.

(4) (a) The Minister shall appoint to be a member of the Interim Postal Board—

(i) the person who was appointed by him on the nomination of staff organisations as a member of the Interim Board for Posts (An Bord Poist) which was established by the Minister before the passing of this Act, and

(ii) the postmaster who was appointed by him as a member of that Interim Board for Posts.

(b) The Minister shall appoint to be a member of the Interim Telecommunications Board each person who was appointed by him on the nomination of staff organizations as a member of the Interim Board for Telecommunications (An Bord Telecom) which was established by the Minister before the passing of this Act.

(5) While the appointment of a member of an Interim Board may be made without limit as to time, a member shall, unless his membership earlier ceases by death, resignation or termination, cease to be a member on the vesting day.

(6) An Interim Board may settle its own rules of procedure.

(7) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit therein as a member or who is a member of the Assembly of the European Communities shall, while he is so entitled or is such a member, be disqualified from becoming a member of an Interim Board or a member of the staff of an Interim Board.

(8) A member of an Interim Board who is nominated as a member of Seanad Éireann or as a candidate for election to either House of the Oireachtas or to the Assembly of the European Communities or is appointed to such Assembly shall thereupon cease to be a member of the Interim Board.

(9) A member of an Interim Board may resign his office by letter addressed to the Minister and the resignation shall take effect on the date of receipt of the letter by the Minister.

(10) The Minister may remove a member of an Interim Board from office.

(11) The remuneration of members of an Interim Board shall be determined by the Minister with the consent of the Minister for the Public Service and shall not be less than that paid to them as members of the Interim Board for Posts (An Bord Poist) or the Interim Board for Telecommunications (An Bord Telecom) established by the Minister before the passing of this Act.

(12) Expenses incurred by an Interim Board shall form part of the expenses of the Minister in the administration of this Act.

(13) The accounts of an Interim Board shall be kept in such form as may be required by the Minister, with the consent of the Minister for Finance, and shall be audited by the Comptroller and Auditor General.

(14) Each Interim Board shall stand dissolved on the vesting day and its rights and liabilities shall stand transferred to the appropriate company on that day.

Loss-making services provided by direction of the Minister.

51.—(1) Where—

(a) the Minister considers, having regard to the statutory obligations of the postal or telecommunications company to provide postal or telecommunications services, that specified postal or telecommunications services should be provided or maintained in the public interest and, with the consent of the Minister for Finance, so directs the board of the company concerned, and

(b) that company considers that provision of such services is not necessary by reference to its statutory functions to provide postal or telecommunications services, and

(c) that company satisfies the Minister that, over a period of at least 12 months, it has sustained a loss in the provision or maintenance of such services,

the Minister shall certify that the services were provided or maintained in accordance with a direction by him and such certificate shall entitle the company to increase its charges to compensate for the losses incurred provided such losses were not allowed for in any previous increase in charges.

(2) The Minister may require an audit of the books and records of the company concerned to determine that such losses have been incurred and are likely to continue to be incurred and were not allowed for in any previous increase in charges.

(3) Before giving a direction to the company to provide or maintain services the Minister shall obtain details from the company of the cost of providing such services and the company shall supply such information to the Minister on request.

Non-application of certain enactments to companies.

52.—(1) The Restrictive Practices Act, 1972 , and the provisions of the Mergers, Take-overs and Monopolies (Control) Act, 1978 , relating to monopolies shall not apply in relation to the exercise by either company of its exclusive privilege under section 63 or 87 , as the case may be.

(2) The Prices Acts, 1958 to 1972, shall not apply to activities carried on by or on behalf of either company.

Power of Commissioners of Public Works to undertake work.

53.—(1) The Commissioners of Public Works in Ireland shall have power to undertake work at the request of either company.

(2) In the exercise of the power conferred by subsection (1), the said Commissioners shall, in respect of any new work undertaken by them at the request of either company on or after the vesting day, be deemed not to be a State authority for the purposes of the Local Government (Planning and Development) Acts, 1963 and 1976, and, accordingly, section 61 shall apply.

Charge of rates on property of companies.

54.—Property vested in either company on the vesting day shall, from the commencement of the next following financial year, cease to be exempt from the rate chargeable by a local authority notwithstanding that the property may appear as exempt on a valuation list.

Transitional provision regarding taxation of motor fleet.

55.—Where an application for a motor vehicle licence is made to a licensing authority before the vesting day by an interim board appointed by the Minister under section 50 , the application shall be granted if it is accompanied by a certificate from the Minister or from an authorised officer of the Minister certifying that the vehicles to be covered by the licence are the property of the Minister and will be assigned in accordance with section 41 to the company concerned on the vesting day.

Liability for loss occurring before vesting day.

56.—(1) Any claim in respect of any loss or injury alleged to have been suffered by any person arising out of the exercise by the Minister before the vesting day of functions assigned to either company by this Act shall, after that day, lie against the appropriate company, whether or not a claim was made against the Minister before that day, and not against the Minister.

(2) Any claim made or proper to be made by the Minister in respect of any loss or injury arising from the act or default of any person before the vesting day shall, where the claim relates to functions assigned to either company by this Act, be regarded as made by or proper to be made by that company and may be pursued and sued for by that company as if the loss or injury had been suffered by the company.

(3) Subsections (1) and (2) do not apply to a claim against or by a State authority.

Continuance of pending legal proceedings.

57.—All legal proceedings pending immediately before the vesting day to which the Minister is a party shall be continued with the substitution for the Minister of—

(a) the postal company, where the proceedings relate to functions assigned to that company by this Act, and

(b) the telecommunications company, where the proceedings relate to functions assigned to that company by this Act.

Continuance of certain notices, certificates, declarations and bonds.

58.—From the vesting day—

(a) every notice, certificate and declaration given by or to the Minister,

(b) every court order directed to any person, and

which relates to functions assigned under this Act to the telecommunications company or the postal company, as the case may be, shall, where its operation, effect or term has not ceased or expired before the vesting day, continue in force and have effect as if the functions of the Minister were on that day performable by such company.

Continuance of licences and permissions granted by the Minister.

59.—(1) Every licence or permission granted by the Minister under the Post Office Acts, 1908 to 1969, or the Stamp Duties Management Act, 1891, and in force immediately before the vesting day, shall continue in force as if granted by the postal company or by the telecommunications company, as the case may require.

(2) Every licence or permission granted by the Minister under the Telegraph Acts, 1863 to 1953, which relates to the exclusive privilege assigned to the telecommunications company under section 87 and is in force immediately before the vesting day, shall continue in force as if granted by the telecommunications company.

Continuance of planning consultations.

60.—For the purposes of section 84 of the Local Government (Planning and Development) Act, 1963 —

(a) any consultation which is completed before the vesting day between the Minister and a planning authority in relation to the construction or extension of a building which from that day is to be used in connection with the functions assigned by this Act to either company shall have effect as if the company were a party to that consultation,

(b) any such consultation which is commenced by the Minister but which is not completed before the vesting day in relation to the construction or extension of any building which from that day is to be used as aforesaid shall be completed by the company concerned and not by the Minister.

Restriction of liability of companies under Planning Acts.

61.—(1) In the case of any development (not being exempted development for the purposes of the Local Government (Planning and Development) Acts, 1963 to 1982, or any development to which section 60 relates) commenced by either company during the period of two years from the vesting day, permission under Part IV of the Local Government (Planning and Development) Act, 1963 , shall not be required if the following conditions are complied with, namely—

(a) that the company consults with the planning authority concerned to such extent as the Minister for the Environment may determine, and

(b) that, if any objection which may be raised by the planning authority is not resolved, or if any condition specified by the planning authority is not acceptable to the company, the company consults with that Minister on the objection or condition, as the case may be, and

(c) that, in carrying out the development, the company complies with such conditions (if any) as the planning authority or that Minister, as the case may be, may specify.

(2) (a) When consulted under subsection (1), the planning authority or the said Minister, as the case may be, shall have the same power to specify conditions as is conferred by section 26 of the Local Government (Planning and Development) Act, 1963 , in relation to an application under Part IV of that Act.

(b) Section 27 of the Local Government (Planning and Development) Act, 1976 , shall apply with any necessary modification where development, not being exempted development as aforesaid or any development to which section 60 relates, has been commenced by either company but has not been, or is not being, carried out in accordance with the provisions of

PART V

The Telecommunications Company

Telecommunications company.

86.—In this Part “company” means the telecommunications company.

Exclusive privilege of the telecommunications company.

87.—(1) The company shall, subject to the provisions of this section, have the exclusive privilege of offering, providing and maintaining telecommunications services for transmitting, receiving, collecting and delivering telecommunications messages within the State up to (and including) a connection point in the premises of a subscriber for any such service.

(2) The said privilege is granted to the company—

(a) in view of its primary purpose of providing a national telecommunications service and of the general duty imposed on it by section 15 , and

(b) in recognition of the fact that a privilege of this kind is appropriate having regard to the area and population of the State and the present state of development of telecommunications technology, and

(c) because a viable national telecommunications system involves subsidisation of some loss-making services by profit-making services.

(3) Each of the following shall not be regarded as a breach of the exclusive privilege granted by this section—

(a) services provided and maintained by a person solely for his domestic use,

(b) services provided and maintained by a business for use between employees for the purposes of the business and not rendering a service to any other person,

(c) services provided and maintained by a person by means of apparatus situated wholly in a single set of premises occupied by him,

(d) the operation of a broadcasting station under licence granted by the Minister,

(e) radio communications systems provided under licences granted under the Wireless Telegraphy Acts, 1926 to 1972,

(f) cable television systems licensed under the Wireless Telegraphy Acts, 1926 to 1972,

(g) services provided in accordance with the terms and conditions of a licence granted by the company under section 89 or by the Minister under section 111 .

(4) A person who breaches the exclusive privilege granted by this section, or who attempts to breach that privilege or who aids, abets, counsels or procures such a breach, or who conspires with, solicits or incites any other person to breach that privilege, shall be guilty of an offence. In any proceeding in relation to that offence it shall lie upon the person proceeded against to prove that the act or omission in respect of which the offence is alleged to have been committed was done in conformity with this section.

Limitation of liability of the telecommunications company.

88.—(1) Subject to subsection (3), the company shall be immune from all liability in respect of any loss or damage suffered by a person in the use of a service referred to in paragraph (a), (b) or (c) by reason of—

(a) failure or delay in providing, operating or maintaining a telecommunications service,

(b) failure, interruption, suspension or restriction of a telecommunications service,

(c) any error or omission in a directory published by the company or any telegrams or telex messages transmitted by the company.

(2) The members of the staff of the company shall be immune from civil liability except at the suit of the company in respect of any loss or damage referred to in subsection (1).

(3) (a) Section 39 of the Sale of Goods and Supply of Services Act, 1980 , shall not apply to the provision of international services by the company.

(b) The said section 39 shall not apply to the provision of telecommunications services within the State until such date as the Minister for Trade, Commerce and Tourism, after consultation with the Minister, by order provides, whether in relation to such services generally or in relation to services of a class defined in the order in such manner and by reference to such matters as the Minister for Trade, Commerce and Tourism, after such consultation, thinks proper.

Grant of licences for the provision of telecommunications services.

89.—(1) The company may, with the consent of the Minister and subject to such terms and conditions as the Minister may approve, grant, on the application of any person, a licence to the person to provide a telecommunications service within the exclusive privilege granted to the company by section 87 .

(2) Where the company refuses to grant a licence under subsection (1) the applicant may appeal to the Minister against the refusal.

(3) The Minister may, as he sees fit, appoint an advisory committee or advisers to advise him in relation to appeals under this section.

(4) (a) The Minister may by order grant a licence on an appeal under this section if in his opinion the grant of the licence is in the public interest and is consistent with the reasons given in section 87 (2) for the grant of the exclusive privilege to the company.

(b) The Minister may by order revoke an order under paragraph (a) and if such an order is revoked or is annulled under section 3 , the licence granted by the order shall stand revoked.

Charges and other terms applicable to services.

90.—(1) Subject to this Act the company may make, as respects any of the telecommunications services provided by it, a scheme providing for—

(a) either or both of the following—

(i) all charges which (save in so far as may otherwise be agreed between the company and a person availing himself of any such service) are to be made by it,

(ii) the other terms and conditions which (save as aforesaid) are to be applicable to those services,

(b) the prohibition of transmission of objectionable matter.

(2) The company shall not increase any charge under a scheme under this section without the concurrence of the Minister.

(3) A scheme made under this section may revoke or amend any previous scheme made under this section and any regulations to which section 92 relates.

(4) A scheme under this section shall come into operation on such day as is specified therein.

(5) Every scheme under this section shall be published as soon as may be.

Evidence as to sum due for telecommunications services.

91.—(1) A certificate purporting to be signed by an officer of the company that a specified sum is due to the company from a specified person for any subscription, fee, charge, expense, damage or loss in respect of any service provided by the company in the exercise of a function assigned to it under this Act shall, without proof, be prima facie evidence in any proceedings by or against the specified person, his personal representatives or successors in title.

(2) For the purposes of subsection (1) the reference to a sum due to the company shall include a sum originally due to the Minister under the regulations referred to in section 92 (1) which is due to the company on the vesting day.

Transitional provisions as to regulations under Telegraph Acts, 1863 to 1953.

92.—(1) Regulations in force immediately before the vesting day under the Telegraph Acts, 1863 to 1953, and not revoked by a scheme under section 90 or by any provision of this Act shall, with the substitution for references to the Minister for Posts and Telegraphs and the Department of Posts and Telegraphs of references to the company, unless otherwise provided in the Third or Fourth Schedule , have effect on and after the vesting day as if they were provisions of schemes made under section 90 .

(2) A certificate purporting to be signed by an officer of the company that charges fixed by the Minister under regulations to which subsection (1) relates applied on a specified date shall be prima facie evidence of the matters so certified.

(3) (a) If an agreement or licence in force immediately before the vesting day contains a reference to a provision in any regulations to which subsection (1) relates and that provision is revoked under section 90 during the currency of the agreement or licence, the reference shall be taken as referring to the corresponding provision (if any) of a scheme under that section.

(b) Any reference in any such agreement or licence to a provision in a regulation relating to limitation of liability shall continue to be read as if that provision were still in force.

Transfer to the company of deposits paid to the Minister for telephone and telex charges.

93.—Any sum of money paid to the Minister before the vesting day as security for payment of any charge due in respect of telecommunications services which is not repaid before the vesting day shall be transferred by the Minister to the company as soon as may be after the vesting day.

Continuance of proceedings for settlement of disputes.

94.—All proceedings in the nature of arbitration for the settlement of disputes and differences or the recovery of expenses under the Telegraph Acts, 1863 to 1953, which are pending on the vesting day and to which the Minister is a party shall be continued with the substitution for the Minister of the company.

Precabling of housing and industrial estates.

95.—(1) The Minister, after consultation with the Minister for the Environment, may make regulations requiring persons engaged in the provision of housing and industrial estates and other building developments (including developments by local authorities) to provide such facilities as would enable telecommunications services to be provided in those buildings in the most expeditious and efficient manner.

(2) The regulations may specify the categories of development to which the regulations are to apply by reference to size, location and other relevant matters.

(3) The regulations may specify the types of facilities to be supplied or works to be carried out and may set out the conditions to be observed in the provision or construction of those facilities.

(4) The regulations may specify the rules and procedures for the inspection and certification by the company of such facilities and works.

(5) The regulations may specify any other relevant matters which the Minister considers to be desirable or necessary.

Control of telecommunications services.

96.—The company may—

(a) determine the duration of any telephone or telex call,

(b) suspend or interrupt a telecommunications service or refuse to implement or terminate an agreement with a subscriber to such a service or with an applicant for such a service where the subscriber or applicant fails to comply with or contravenes a scheme under section 90 or any provision of this Act,

(c) require security for and advance payment in respect of charges for telephone, telex, telegram or other services provided or to be provided by the company,

(d) prohibit transmission of objectionable messages,

(e) disconnect telephone or telex calls or exchange lines or telex installations or alter exchange lines for technical reasons or recover exchange lines.

Irish Telecommunications Investments Limited.

97.—(1) The shares in Irish Telecommunications Investments Limited held immediately before the vesting day by nominees of the Minister and the Minister for Finance, respectively, shall on that day stand transferred to such persons (one of whom may be the telecommunications company) as are nominated in that behalf by the telecommunications company with the concurrence of the said Ministers and shall be held by such persons in trust for the company.

(2) The memorandum of association and articles of association of Irish Telecommunications Investments Limited shall be appropriately amended with effect on the vesting day, with the concurrence of the said Ministers, to take account of the transfer effected by subsection (1).

Prohibition on interception of telecommunications messages.

98.—(1) A person who—

(a) intercepts or attempts to intercept, or

(b) authorises, suffers or permits another person to intercept, or

telecommunications messages being transmitted by the company or who discloses the existence, substance or purport of any such message which has been intercepted or uses for any purpose any information obtained from any such message shall be guilty of an offence.

(2) Subsection (1) shall not apply to any person who is acting—

(a) (i) for the purpose of an investigation by a member of the Garda Síochána of a suspected offence under section 13 of the Post Office (Amendment) Act, 1951 (which refers to telecommunications messages of an obscene, menacing or similar character) on the complaint of a person claiming to have received such a message, or

(ii) in pursuance of a direction issued by the Minister under section 110 , or

(iii) under other lawful authority, or

(b) in the course of and to the extent required by his operating duties or duties for or in connection with the installation or maintenance of a line, apparatus or equipment for the transmission of telecommunications messages by the company.

(3) (a) The company may, with the consent of the Minister, make regulations to carry out the intentions of this section in so far as concerns members of its staff.

(b) The Minister, after consultation with the company, may direct the company to make regulations under paragraph (a) or to amend or revoke regulations made under that paragraph and the company shall comply with that direction.

(4) (a) The Minister may make regulations prohibiting the provision or operation of overhearing facilities in relation to any apparatus (including private branch telephone exchanges) connected to the network of the company otherwise than in accordance with such conditions as he considers to be reasonable and prescribes in the regulations.

(b) A person who contravenes any regulation under this subsection shall be guilty of an offence.

(5) In this section, “interception” means listening to, or recording by any means, or acquiring the substance or purport of, any telecommunications message without the agreement of the person on whose behalf that message is transmitted by the company and of the person intended by him to receive that message.

Fraudulent use of telecommunications system.

99.—(1) A person who wilfully causes the company to suffer loss in respect of any rental, fee or charge properly payable for the use of the telecommunications system or any part of the system or who by any false statement or misrepresentation or otherwise with intent to defraud avoids or attempts to avoid payment of any such rental, fee or charge shall be guilty of an offence.

(2) A person who connects or causes to be connected any apparatus or device to, or places or causes to be placed any apparatus or device in association or conjunction with, the telecommunications system operated by the company or any part of the system the effect of which might result in the provision by the company of a service to any person without payment of the appropriate rental, fee or charge shall be guilty of an offence.

Repayment of certain advances under Telecommunications Capital Acts, 1924 to 1981.

100.—(1) Notwithstanding anything in the Telecommunications Capital Acts, 1924 to 1981, the company shall become liable on the vesting day to pay to the Minister for Finance the amount by which sums issued by him under those Acts which have not been repaid before that day exceed the sum of £355,000,000 plus the amount of the outstanding liability of the Minister to Irish Telecommunications Investments Limited immediately before the vesting day, together with the interest on that amount at such rate or rates as he, after consultation with the Minister and the company, may appoint.

(2) The company shall pay to the Minister for Finance the moneys due under subsection (1) at such times and in such instalments as he, after consultation with the Minister and the company, may appoint.

(3) (a) If the company fails to make a payment as required under subsection (2), the company shall remain liable to the Minister for Finance in respect of the unpaid amount and interest on the unpaid amount at such rate or rates as he may appoint shall become payable immediately by the company.

(b) Interest due under paragraph (a) together with the unpaid amount shall be a debt due to the Minister for Finance and, without prejudice to any other method of recovery, shall be recoverable by him as a simple contract debt in any court of competent jurisdiction.

(4) All moneys paid by the company to the Minister for Finance under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as he may direct.

Transitional financial provisions.

101.—(1) The company shall pay to or in respect of every member of the staff of the Department of Posts and Telegraphs transferred to the service of the company any amount due to or in respect of that member in respect of service with the Department and unpaid on the vesting day and the company shall, with the concurrence of the Minister for Finance, be reimbursed by the Minister.

(2) The Minister shall, with the concurrence of the Minister for Finance, pay to the company an amount equal to advance payments received by him in respect of telecommunications services to be provided by the company.

(3) The company shall pay to the Minister an amount equal to sums collected by it on or after the vesting day in respect of services provided by the Minister before the vesting day in respect of functions assigned by this Act to the company.

(4) All sums required to be paid under this section shall become due and payable on such date as the Minister, in consultation with the company and with the concurrence of the Minister for Finance, may determine.

(5) The company shall supply the Minister with such information, records and documents as the Minister may require for the purposes of this section and the Minister and his officers shall have the right to inspect and take copies of all relevant records and documents of the company.

(6) In the event of a disagreement as to any amount to be paid by the company to the Minister or by the Minister to the company under this section the decision of the Minister, given with the concurrence of the Minister for Finance, shall be final.

INTERCEPTION OF POSTAL PACKETS AND TELECOMMUNICATIONS MESSAGES (REGULATION) ACT, 1993

AN ACT TO REGULATE THE INTERCEPTION OF CERTAIN POSTAL PACKETS AND TELECOMMUNICATIONS MESSAGES AND TO MAKE PROVISION FOR RELATED MATTERS. [6th June, 1993]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act—

“the Act of 1983” means the Postal and Telecommunications Services Act, 1983 ;

“authorisation” means an authorisation by the Minister of an interception;

“the Commissioner” means the Commissioner of the Garda Síochána;

“communication” means a postal packet or a telecommunications message;

“copy”, in relation to a communication intercepted pursuant to an authorisation, means any of the following, whether or not in the form of a document—

(a) any copy or transcript of the communication or any extract from, or summary of, the communication or transcript, and

(b) any record of the identities of the persons to or by whom the communication was sent;

“the designated judge” means the person standing designated for the time being for the purposes of this Act under section 8 of this Act;

“interception” means—

(a) an act—

(i) that consists of the opening or attempted opening of a postal packet addressed to any person or the delaying or detaining of any such postal packet or the doing of anything to prevent its due delivery or the authorising, suffering or permitting of another person (who is not the person to whom the postal packet is addressed) to do so, and

(ii) that, if done otherwise than in pursuance of a direction under section 110 of the Act of 1983, constitutes an offence under section 84 of that Act,

(b) an act—

(i) that consists of the listening or attempted listening to, or the recording or attempted recording, by any means, in the course of its transmission, of a telecommunications message, other than such listening or recording, or such an attempt, where either the person on whose behalf the message is transmitted or the person intended to receive the message has consented to the listening or recording,

and

(ii) that, if done otherwise than in pursuance of a direction under section 110 of the Act of 1983, constitutes an offence under section 98 of that Act,

and cognate words shall be construed accordingly;

“the Minister” means the Minister for Justice;

“the nominated officer” means the officer of the Minister nominated by the Minister under section 6 of this Act for the purposes of this Act;

“postal packet” and “telecommunications message” have the meanings that they have respectively in the Act of 1983, but, for the avoidance of doubt, it is hereby declared that the latter expression includes a telegram;

“serious offence” means an offence which satisfies both of the following conditions:

(a) it is an offence for which a person aged 21 years or over, of full capacity and not previously convicted may be punished by imprisonment for a term of 5 years or more, and

(b) it is an offence—

(i) that involves loss of human life, serious personal injury or serious loss of or damage to property or a serious risk of any such loss, injury or damage,

(ii) that results or is likely to result in substantial gain, or

(iii) the facts and circumstances of which are such as to render it a specially serious case of its kind;

and includes an act or omission done or made outside the State that would be a serious offence if done or made in the State:

Provided, however, that an offence consisting of an attempt, conspiracy or incitement to commit an offence shall not be a serious offence unless the offence which is the subject of the attempt, conspiracy or incitement is itself a serious offence.

Authorisation of interceptions.

2.—(1) The Minister may give an authorisation, but only for the purpose of criminal investigation or in the interests of the security of the State.

(2) (a) Subject to paragraph (b) of this subsection, an authorisation shall be given by warrant under the hand of the Minister.

(b) If the Minister considers that the case is one of exceptional urgency, an authorisation may be given orally (whether by telephone or otherwise) by the Minister and, if it is so given, it shall be confirmed, as soon as may be, by warrant under the hand of the Minister.

(3) The Minister shall not give an authorisation unless he considers that the conditions specified in section 4 or 5 of this Act, as may be appropriate, stand fulfilled, and that there has not been a contravention of section 6 of this Act, in relation to the proposed interception.

(4) A warrant under this section—

(a) shall bear the date on which the authorisation to which it relates is given,

(b) shall state—

(i) whether the proposed interception is in relation to postal packets or telecommunications messages or both, and

(ii) that the requirements of this Act in relation to the giving of the authorisation to which the warrant relates have been complied with,

(i) the postal address to which and (unless the Minister considers that to restrict the authorisation to which the warrant relates to a specified person or persons would be prejudicial to the purposes of the proposed interception) the person or persons to whom the proposed interception relates, or

(ii) the telecommunications address to which the proposed interception relates,

or, where appropriate, the matters specified in both subparagraphs (i) and (ii) of this paragraph, and

(d) may require the person to whom it is addressed to disclose the intercepted material to such persons as are specified in the warrant.

(5) Subject to sections 7 and 8 (6) of this Act, an authorisation shall remain in force for such period not exceeding 3 months from the date on which it is given as may be specified in the warrant and shall then cease to have effect unless that period is extended under subsection (6) of this section.

(6) (a) Subject to paragraph (b) of this subsection, the Minister may, from time to time as occasion requires while an authorisation is in force, by warrant under his hand extend the period for which the authorisation is in force for such further period not exceeding 3 months at a time as may be specified in the warrant.

(b) Subsections (2) (b), (3), (4) and (5) of this section shall apply in relation to an extension under this subsection as if it were an authorisation under subsection (1) of this section.

(7) The Minister may consult the designated judge before deciding whether to give an authorisation, or extend the period for which an authorisation is in force, in any particular case or in a case of any particular class.

Restriction of power under Act of 1983 to require interceptions.

3.—A direction under section 110 of the Act of 1983 requiring an interception shall not be issued or remain in force unless there is in force an authorisation relating to the interception or the direction is a general one requiring an interception if and for so long as an authorisation is in force.

Conditions justifying interception for purpose of criminal investigation.

4.—The conditions referred to in section 2 of this Act in relation to an interception for the purpose of criminal investigation are—

(a) (i) that—

(I) investigations are being carried out by the Garda Síochána, or another public authority charged with the investigation of offences of the kind in question, concerning a serious offence or a suspected serious offence,

(II) investigations not involving interception have failed, or are likely to fail, to produce, or to produce sufficiently quickly, either or, as the case may be, both of the following, that is to say:

(A) information such as to show whether the offence has been committed or as to the facts relating to it,

(B) evidence for the purpose of criminal proceedings in relation to the offence,

and

(III) there is a reasonable prospect that the interception of postal packets sent to a particular postal address or of telecommunications messages sent to or from a particular telecommunications address would be of material assistance (by itself or in conjunction with other information or evidence) in providing information, or evidence, such as aforesaid,

(ii) that—

(I) in the case of a serious offence that is apprehended but has not been committed, investigations are being carried out, for the purpose of preventing the commission of the offence or of enabling it to be detected, if it is committed, by the Garda Síochána or another public authority charged with the prevention or investigation of offences of the kind in question,

(II) investigations not involving interception have failed, or are likely to fail, to produce, or to produce sufficiently quickly, information as to the perpetrators, the time, the place, and the other circumstances, of the offence that would enable the offence to be prevented or detected, as the case may be, and

(III) there is a reasonable prospect that the interception of postal packets sent to a particular postal address or of telecommunications messages sent to or from a particular telecommunications address would be of material assistance (by itself or in conjunction with other information) in preventing or detecting the offence, as the case may be,

and

(b) that the importance of obtaining the information or evidence concerned is, having regard to all the circumstances and notwithstanding the importance of preserving the privacy of postal packets and telecommunications messages, sufficient to justify the interception.

Conditions justifying interception in interests of security of State.

5.—The conditions referred to in section 2 of this Act in relation to an interception in the interests of the security of the State are—

(a) that there are reasonable grounds for believing that particular activities that are endangering or likely to endanger the security of the State are being carried on or are proposed to be carried on,

(b) that investigations are being carried out by or on behalf of the person applying for the authorisation concerned to ascertain whether activities of the kind aforesaid are in fact being carried on or proposed to be carried on and, if so, by whom and their nature and extent,

(c) that investigations not involving interception have failed, or are likely to fail, to produce, or to produce sufficiently quickly, information that would show whether the activities are being carried on or proposed to be carried on and, if so, by whom and their nature and extent,

(d) that there is a reasonable prospect that the interception of postal packets sent to a particular postal address or of telecommunications messages sent to or from a particular telecommunications address would be of material assistance (by itself or in conjunction with other information) in providing information such as aforesaid, and

(e) that the importance of obtaining the information concerned is, having regard to all the circumstances and notwithstanding the importance of preserving the privacy of postal packets and telecommunications messages, sufficient to justify the interception.

Applications for authorisations.

6.—(1) An application for an authorisation—

(a) shall be made in writing—

(i) in case the authorisation is for the purpose of criminal investigation, by the Commissioner, and

(ii) in case the authorisation is in the interests of the security of the State, either by—

(I) the Commissioner, or

(II) the Chief of Staff of the Defence Forces,

and shall be sent or given to such officer (in this Act referred to as “the nominated officer”) of the Minister as may be nominated by the Minister for the purposes of this Act,

(b) shall include sufficient information to enable the Minister to determine whether the conditions specified in section 4 or 5 , as the case may be, of this Act stand fulfilled in relation to the proposed interception, and

(c) shall, in the case of an application pursuant to paragraph (a) (ii) (II) of this subsection, be accompanied by a recommendation in writing of the Minister for Defence supporting the application.

(2) The nominated officer shall consider any application under this section and, having made any inquiries he thinks necessary, shall make a submission to the Minister signed by him and stating his opinion as to whether or not the conditions specified in section 4 or 5 , as the case may be, of this Act stand fulfilled in relation to the proposed interception and stating, if in his opinion those conditions do not stand so fulfilled, in what respects they do not so stand.

(3) For the purpose of subsection (2) of this section, information which is in the possession of the nominated officer when he receives an application under this section (whether as the result of a previous application for an authorisation or otherwise) or which he receives after that time may be treated as if it had been included in the application.

(4) The duties of the nominated officer under this Act may in his absence be discharged by such officer of the Minister as may be designated by the Minister for the purpose.

Cesser of interceptions no longer required.

7.—If the Commissioner or the Chief of Staff of the Defence Forces, as may be appropriate, considers that interceptions to which an authorisation relates are no longer required, then, without delay—

(a) he shall so inform the nominated officer, and

(b) the latter shall inform the person to whom the warrant concerned is addressed,

and thereupon the authorisation shall cease to be in force.

Review of operation of Act by judge of High Court.

8.—(1) The President of the High Court shall from time to time after consultation with the Minister invite a person who is a judge of the High Court to undertake (while serving as such a judge) the duties specified in this section and, if he accepts the invitation, the Government shall designate him for the purposes of this Act.

(2) A person designated under this section (referred to in this Act as “the designated judge”) shall hold office in accordance with the terms of his designation and shall have the duty of keeping the operation of this Act under review, of ascertaining whether its provisions are being complied with and of reporting to the Taoiseach—

(a) at such intervals (being intervals of not more than twelve months) as the designated judge thinks desirable in relation to the general operation of the Act, and

(b) from time to time in relation to any matters relating to the Act which he considers should be so reported.

(3) For the purpose of his functions under this Act, the designated judge—

(a) shall have power to investigate any case in which an authorisation has been given, and

(b) shall have access to and may inspect any official documents relating to an authorisation or the application therefor.

(4) The designated judge may, if he thinks it desirable to do so, communicate with the Taoiseach or the Minister on any matter concerning interceptions.

(5) Every person who was concerned in, or has information relevant to, the making of the application for, or the giving of, an authorisation, or was otherwise concerned with the operation of any provision of this Act relating to the application or authorisation, shall give the designated judge, on request by him, such information as is in his possession relating to the application or authorisation.

(6) If the designated judge informs the Minister that he considers that a particular authorisation that is in force should not have been given or (because of circumstances arising after it had been given) should be cancelled or that the period for which it was in force should not have been extended or further extended, the Minister shall, as soon as may be, inform the Minister for Transport, Energy and Communications and shall then cancel the authorisation.

(7) The Taoiseach shall cause a copy of a report under subsection (2) of this section together with a statement as to whether any matter has been excluded therefrom in pursuance of subsection (8) of this section to be laid before each House of the Oireachtas.

(8) If the Taoiseach considers, after consultation with the designated judge, that the publication of any matter in a report under subsection (2) of this section would be prejudicial to the prevention or detection of crime or to the security of the State, the Taoiseach may exclude that matter from the copies of the report laid before the Houses of the Oireachtas.

Complaints procedure.

9.—(1) A contravention of a provision of section 2 , 6 , 7 or 8 (6) of this Act, or a failure to fulfil a condition specified in section 4 or 5 of this Act, in relation to an authorisation shall not of itself render the authorisation invalid or constitute a cause of action at the suit of a person affected by the authorisation, but any such contravention shall be subject to investigation in accordance with the subsequent provisions of this section and nothing in this subsection shall affect a cause of action for the infringement of a constitutional right.

(2) (a) There shall stand established the office of Complaints Referee and the holder of the office shall be known as the Complaints Referee and is referred to in this section as “the Referee”.

(b) A person appointed to be the Referee shall be a judge of the Circuit Court, a judge of the District Court or a person who is for the time being a practising barrister, or a practising solicitor, of not less than 10 years’ standing.

(c) The Referee shall be appointed by the Taoiseach, shall hold office for a term of 5 years and, subject to the provisions of this subsection, shall be eligible for reappointment as the Referee.

(d) Subject to the provisions of this subsection, the terms and conditions, including terms and conditions relating—

(i) except in a case where the Referee is a judge of the Circuit Court or a judge of the District Court, to remuneration, and

(ii) to allowances for expenses,

upon which the Referee shall hold office shall be such as may be determined by the Minister, with the consent of the Minister for Finance, at the time of his appointment or reappointment.

(e) The Referee may at any time resign his office as the Referee by letter sent to the Taoiseach and the resignation shall take effect on and from the date of receipt of the letter.

(f) The Referee may be removed from office by the Taoiseach but only for stated misbehaviour or incapacity and upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal.

(3) A person who believes that a communication sent to or by him has been intercepted after the commencement of this Act in the course of its transmission by An Post or Bord Telecom Éireann may apply to the Referee for an investigation under this section into the matter.

(4) Where an application is made under this section (other than one appearing to the Referee to be frivolous or vexatious), the Referee shall investigate—

(a) whether a relevant authorisation was in force at the material time, and

(b) if so, whether there has been any contravention of a provision of section 2 , 6 , 7 or 8 (6) of this Act in relation to the authorisation.

(5) If, on an investigation under this section, the Referee concludes that there has been a contravention of a provision of section 2 , 6 , 7 or 8 (6) of this Act in relation to a relevant authorisation, he shall—

(a) notify the applicant concerned in writing of that conclusion,

(b) make a report of his findings to the Taoiseach, and

(i) quash the relevant authorisation,

(ii) direct the destruction of any copy of the communications intercepted pursuant to the authorisation,

(iii) make a recommendation for the payment to the applicant of such sum by way of compensation as may be specified in the order.

(6) If, during an investigation under this section in relation to an authorisation for the purpose of criminal investigation, the Referee concludes that there has not been a contravention of a provision of section 2 , 6 , 7 or 8 (6) of this Act in relation to the authorisation but that the offence concerned was not a serious offence, he shall, having given notice to the Minister of his intention to do so, refer the question whether the offence was a serious offence to the designated judge for his determination, and—

(a) if the designated judge agrees that the offence was not a serious offence, the Referee shall—

(i) notify the applicant concerned in writing of the conclusion of the Referee,

(ii) make a report of the findings of the Referee to the Taoiseach, and

(iii) if he thinks fit, by order do one or more of the following, that is to say:

(I) quash the relevant authorisation,

(II) direct the destruction of any copy of the communications intercepted pursuant to the authorisation,

(III) make a recommendation for the payment to the applicant of such sum by way of compensation as may be specified in the order,

and

(b) if the designated judge disagrees with the conclusion of the Referee on the question aforesaid, the Referee shall give notice in writing to the applicant stating only that there has been no contravention of a provision of section 2 , 6 , 7 or 8 (6) of this Act in relation to a relevant authorisation.

(7) A notification given or report made under subsection (5) or (6) of this section shall state the effect of any order under it in the case in question.

(8) If, on an investigation under this section, the Referee comes to any conclusion other than those mentioned in subsections (5) and (6) of this section, he shall give notice in writing to the applicant concerned stating only that there has been no contravention of a provision of section 2 , 6 , 7 or 8 (6) of this Act in relation to a relevant authorisation.

(9) Subject to subsection (6) of this section, a decision of the Referee under this section shall be final.

(10) For the purpose of an investigation under this section, the Referee shall have access to and may inspect any official documents relating to a relevant authorisation or the application therefor.

(11) Every person who was concerned in, or has information relevant to, the making of the application for, or the giving of, a relevant authorisation, or was otherwise concerned with the operation of any provision of this Act relating to the application or authorisation, shall give the Referee, on request by him, such information as is in his possession relating to the application or authorisation.

(12) The Minister shall implement any recommendation under subsection (5) (c) (iii) or (6) (a) (iii) (III) of this section.

Provisions in relation to certain proceedings and evidence.

10.—(1) (a) Subject to paragraph (b) of this subsection, where a person is charged with an offence under section 45 of the Telegraph Act, 1863, the second paragraph of section 11 of the Post Office (Protection) Act, 1884 , or section 84 or 98 of the Act of 1983, or an ancillary offence, no further proceedings in the matter (other than any remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions.

(b) Paragraph (a) of this subsection does not apply to proceedings brought by the Minister for Transport, Energy and Communications, An Post or Bord Telecom Éireann.

(2) (a) This subsection applies to any action brought in respect of an alleged act or omission that constitutes, or would, but for section 84 (2) or 98 (2) of the Act of 1983, constitute, an offence referred to in subsection (1) of this section.

(b) In an action to which this subsection applies any question whether an act or omission referred to in paragraph (a) of this subsection was done or made shall be determined before the determination of any question whether an authorisation was given; and, accordingly, in any such action, unless and until it is determined that the said act or omission was done or made, no person to whom this paragraph applies shall give any evidence, or be asked any question, and nothing shall be made the subject of discovery, or be disclosed, produced or alleged by or on behalf of the defendant, that would show or tend to show—

(i) that an authorisation was or was not given, or

(ii) that an application for an authorisation was or was not made or that proposals for or steps towards the making of such an application were or were not made or taken.

(c) If it is determined, in accordance with paragraph (b) of this subsection, that the act or omission in question was done or made, the court shall, on the application of any party to the proceedings, and on such terms as the court may determine, allow any amendment to any pleading that may be necessary for the determination of the question whether an authorisation was given.

(d) Paragraph (b) of this subsection applies to—

(i) any member of the Civil Service (within the meaning of the Civil Service Commissioners Act, 1956 ), the Defence Forces or the Garda Síochána,

(ii) any person in the employment of An Post or Bord Telecom Éireann, or

(iii) any other person on whom a function is conferred by this Act.

(e) This subsection shall not apply if a person has been convicted of an offence referred to in subsection (1) of this section in respect of the act or omission in question.

(3) Subject to subsection (4) of this section, a person shall not be compellable in any proceedings, other than proceedings for an offence referred to in subsection (1) of this section, or a related or ancillary offence, to make discovery of any document, to produce or disclose any document or thing, or to give evidence or information, to a court or tribunal or to any person (other than the designated judge or the Complaints Referee) that shows or tends to show any of the matters specified in subparagraphs (i) and (ii) of subsection (2) (b) of this section.

(4) Where a person is convicted of an offence referred to in subsection (1) of this section or a related or ancillary offence—

(a) evidence of the conviction shall be admissible in any proceedings for the purpose of proving, where to do so is relevant to any issue in those proceedings, that he committed that offence, and

(b) subsection (3) of this section shall not apply in relation to evidence of the conviction.

(5) (a) A certificate signed by a person authorised for the purpose by the Minister and stating any of the matters specified in subparagraphs (i) and (ii) of subsection (2) (b) of this section shall be admissible, as evidence of the facts stated in the certificate, in any legal proceedings in which evidence of those facts is admissible.

(b) A document purporting to be a certificate under this subsection of a person authorised as aforesaid and to be signed by him shall be deemed, for the purpose of this subsection, to be such a certificate and to be so signed, unless the contrary is shown.

Retention of official documents.

11.—(1) All the official documents relating to an authorisation and the application therefor shall be retained for a period of at least 3 years from the date on which the authorisation ceases to be in force.

(2) Subsection (1) of this section does not apply to a copy of a communication intercepted pursuant to an authorisation.

Restriction of disclosure of existence of authorisations and of matter intercepted.

12.—(1) The Minister shall ensure that such arrangements as he considers necessary exist—

(a) to limit to the minimum necessary the disclosure of—

(i) the fact that an authorisation has been given, and

(ii) the contents of any communication which has been intercepted pursuant to an authorisation,

and

(b) to secure that copies of any such communication—

(i) are not made to any extent greater than is necessary, and

(ii) are destroyed as soon as their retention is no longer necessary.

(2) In paragraphs (a) and (b) of subsection (1) of this section “necessary” means necessary for the purpose of the prevention or detection of serious offences or in the interests of the security of the State.

Amendment of Act of 1983.

13.—(1) The reference in subsection (2) of section 98 of the Act of 1983 to subsection (1) of that section shall be deemed to include a reference to section 45 of the Telegraph Act, 1863, the second paragraph of section 11 of the Post Office (Protection) Act, 1884 , and subsection (5) (inserted by subsection (3) of this section) of the said section 98.

(2) The following subsections are hereby inserted after subsection (2) of section 98 of the Act of 1983:

“(2A) A person employed by the company who discloses to any person any information concerning the use made of telecommunications services provided for any other person by the company shall be guilty of an offence unless the disclosure is made—

(a) at the request or with the consent of that other person,

(b) for the prevention or detection of crime or for the purpose of any criminal proceedings,

(d) in pursuance of an order of a court,

(e) for the purpose of civil proceedings in any court, or

(f) to another person to whom he is required, in the course of his duty as such employee, to make such disclosure.

(2B) A request by a member of the Garda Síochána to a person employed by the company to make a disclosure in accordance with the provisions of subsection (2A) shall be in writing and be signed by a member of the Garda Síochána not below the rank of chief superintendent.

(2C) A request by an officer of the Defence Forces to a person employed by the company to make a disclosure in accordance with the provisions of subsection (2A) shall be in writing and be signed by an officer of the Permanent Defence Force who holds an army rank not below that of colonel.”.

(3) The following subsections are hereby substituted for subsection (5) of the said section 98:

“(5) A person who discloses the existence, substance or purport of a telecommunications message that was transmitted by the Minister before the vesting day and intercepted or who uses for any purpose any information obtained from any such message shall be guilty of an offence.

(6) In this section ‘intercept’ means listen to, or record by any means, in the course of its transmission, a telecommunications message but does not include such listening or recording where either the person on whose behalf the message is transmitted or the person intended to receive the message has consented to the listening or recording, and cognate words shall be construed accordingly.”.

Repeal of section 18 of Official Secrets Act, 1963.

14.— Section 18 (which enables the Minister to require the production to him of certain telegrams) of the Official Secrets Act, 1963 , is hereby repealed.

Expenses.

15.—Any expenses incurred by the Minister, the Minister for Defence and the Minister for Transport, Energy and Communications 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.

Short title and transitional provision.

16.—(1) This Act may be cited as the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993.

(2) Notwithstanding anything contained in this Act, a warrant issued by the Minister authorising an interception and in force upon the passing of this Act shall continue in force until it is cancelled or until the end of the period of one month immediately after the passing of this Act, whichever is the earlier, and, if it has not been cancelled, shall expire at the end of that period and the warrant shall be deemed, for the purposes of section 3 of this Act, to be, during the period after such passing while it is in force, an authorisation.

TELECOMMUNICATIONS (MISCELLANEOUS PROVISIONS) ACT 1996

REVISED

Updated to 28 May 2019

AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT OF THE OFFICE OF DIRECTOR OF TELECOMMUNICATIONS REGULATION, FOR THE TRANSFER OF FUNCTIONS FROM THE MINISTER TO THE DIRECTOR, FOR THE IMPOSITION OF A LEVY ON PROVIDERS OF TELECOMMUNICATIONS SERVICES, AND FOR THE REGULATION OF TARIFFS FOR CERTAIN TELECOMMUNICATIONS SERVICES, TO AMEND THE POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983, AND TO PROVIDE FOR RELATED MATTERS. [10th December, 1996]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1
Functions transferred and references to the “Minister for Public Enterprise” and “Department of Public Enterprise” construed (18.06.2002) by Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 300 of 2002), arts. 3, 4 and sch. 1 part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.

1. …

(2) This Order comes into operation on 18 June 2002.

(1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of the Marine and Natural Resources.

(2) References to the Department of Public Enterprise contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Marine and Natural Resources.

4. (1) The functions vested in the Minister for Public Enterprise –

(a) by or under any of the enactments or the provisions of the enactments mentioned in Part 1 of the Schedule to this Order,

(b) under the Regulations mentioned in Part 2 of that Schedule, and

are transferred to the Minister for the Marine and Natural Resources.

(2) References to the Minister for Public Enterprise contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for the Marine and Natural Resources.

…

SCHEDULE

PART 1.

Enactments and provisions of enactments, functions under which are transferred from the Minister for Public Enterprise to the Minister for the Marine and Natural Resources.

…

Telecommunications (Miscellaneous Provisions) Act 1996 (No. 34 of 1996)

…

Section 1

Interpretation.

1.—(1) In this Act, except where the context otherwise requires—

F1[ “Commission” means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002;]

“the company” means Bord Telecom Éireann;

F2[…]

“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.

(2) A reference in this Act to a section, subsection or a Schedule is a reference to a section of, or subsection of, or Schedule to this Act, unless it is indicated that reference to some other Act is intended.

(3) A reference in this Act to any enactment, unless the context otherwise requires, shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

(4) A reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of powers and the carrying out of duties.

Annotations

Amendments:

F1
Inserted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1, part 10, item 1(a), S.I. No. 224 of 2007.

F2
Repealed (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1, part 10, item 1(b), S.I. No. 224 of 2007.

Modifications (not altering text):

C2
Functions transferred from the Director to the Commission (15.05.2007) by Communications Regulation Act 2002 (20/2002), s. 9 and sch. 1 part 1 item 9, as substituted by Communications Regulation (Amendment) Act 2007 (22/2007), s. 18, S.I. No. 224 of 2007.

Transfer of functions.

9.—(1) On the establishment day there is transferred to the Commission the functions of the Director by or under—

(a) each of the provisions mentioned in column (3) of Part 1 of Schedule 1 of the enactments mentioned in column (2) of that Part opposite the mention of that provision, and

…

(4) Reference in a transferred function to the Director or the Minister (construed by virtue of section 4 of the Act of 1996 as a reference to the Director) shall, from the establishment day, be construed as a reference to the Commission.

[SCHEDULE 1

Related Enactments for the Purposes of this Act

PART 1

Acts

…

(9) the Telecommunications (Miscellaneous Provisions) Act 1996, sections 1 and 7 (subsection (5) excepted).

…]

Section 2
Director of Telecommunications Regulation.

2.—F3[…]

Annotations

Amendments:

F3
Repealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20/2002), s. 38, S.I. No. 510 of 2002, art. 2.

Section 3
Functions of Director.

3.—F4[…]

Annotations

Amendments:

F4
Repealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20/2002), s. 38, S.I. No. 510 of 2002, art. 2.

Section 4
Transfer of functions from Minister to Director.

4.—F5[…]

Annotations

Amendments:

F5
Repealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20/2002), s. 38, S.I. No. 510 of 2002, art. 2.

Editorial Notes:

E1
Previous affecting provision: power pursuant to section exercised (5.11.2003) by Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations 2003 (S.I. No. 529 of 2003); section repealed as per F-note above. This power appears to have been exercised after repeal of the section.

E2
Previous affecting provision: power pursuant to section exercised (30.09.2002) by Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) (Amendment) Regulations 2002 (S.I. No. 467 of 2002); section repealed as per F-note above.

E3
Previous affecting provision: power pursuant to section exercised (10.09.2002) by Wireless Telegraphy (Experimenter’s Licence) Regulations 2002 (S.I. No. 450 of 2002); section repealed as per F-note above.

E4
Previous affecting provision: power pursuant to section exercised (28.08.2002) by Wireless Telegraphy (Mobile Radio Systems) Regulations 2002 (S.I. No. 435 of 2002); section repealed as per F-note above.

E5
Previous affecting provision: power pursuant to section exercised (30.07.2002) by Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Short Range Devices) Order 2002 (S.I. No. 405 of 2002); section repealed as per F-note above.

E6
Previous affecting provision: power pursuant to section exercised (1.01.2002) by Wireless Telegraphy (Third Generation and Gsm Mobile Telephony Licence) Regulations 2002 (S.I. No. 345 of 2002); section repealed as per F-note above.

E7
Previous affecting provision: power pursuant to section exercised (13.08.2001) by Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001); revoked as per F-note above.

E8
Previous affecting provision: power pursuant to section exercised (20.05.2001) by Wireless Telegraphy (Carrigaline Uhf Television Programme Retransmission) (Amendment) Regulations 2001 (S.I. No. 189 of 2001); section repealed as per F-note above.

E9
Previous affecting provision: power pursuant to section exercised (2.05.2001) by Wireless Telegraphy (Uhf Television Programme Retransmission) (Amendment) Regulations 2001 (S.I. No. 190 of 2001); section repealed as per F-note above.

E10
Previous affecting provision: power pursuant to section exercised (1.02.2001) by Wireless Telegraphy (Teleport Facility) Regulations 2001 (S.I. No. 18 of 2001), in effect as per reg. 1(2); revoked (1.01.2008) by Wireless Telegraphy (Fixed Satellite Earth Stations and Teleport Facility) Regulations 2007 (S.I. No. 295 of 2007), reg. 9(1), in effect as per reg. 1(2), subject to transitional provision in reg. 9(2).

E11
Previous affecting provision: power pursuant to section exercised (5.09.2000) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Fixed Satellite Receiving Earth Stations) Order 2000 (S.I. No. 273 of 2000); section repealed as per F-note above.

E12
Previous affecting provision: power pursuant to section exercised (1.09.2000) by Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations 2000 (S.I. No. 261 of 2000), in effect as per reg. 1(2); revoked (1.01.2008) by Wireless Telegraphy (Fixed Satellite Earth Stations and Teleport Facility) Regulations 2007 (S.I. No. 295 of 2007), reg. 9(1), in effect as per reg. 1(2), subject to transitional provision in reg. 9(2).

E13
Previous affecting provision: power pursuant to section exercised (16.06.2000) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Mobile Satellite Earth Stations For Satellite Personal Communication Systems Operating in Bands Below 1 Ghz (S-Pcs1 Ghz)) Order 2000 (S.I. No. 173 of 2000); section repealed as per F-note above.

E14
Previous affecting provision: power pursuant to section exercised (23.12.1999) by Wireless Telegraphy (Gsm and Tacs Mobile Telephony Licence) Regulations 1999 (S.I. No. 442 of 1999); section repealed as per F-note above.

E15
Previous affecting provision: power pursuant to section exercised (8.11.1999) by Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations 1999 (S.I. No. 348 of 1999); section repealed as per F-note above.

E16
Previous affecting provision: power pursuant to section exercised (8.11.1999) by Wireless Telegraphy (Carrigaline Uhf Television Programme Retransmission) Regulations 1999 (S.I. No. 347 of 1999); section repealed as per F-note above.

E17
Previous affecting provision: power pursuant to section exercised (10.09.1999) by Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) Regulations 1999 (S.I. No. 287 of 1999); section repealed as per F-note above.

E18
Previous affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of (ii) Arcanet Suitcase Terminals) Order 1999 (S.I. No. 110 of 1999); revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.

E19
Previous affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat Mini-M Terminals For Land Mobile Applications) Order 1999 (S.I. No. 109 of 1999); revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.

E20
Previous affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Ermes Paging Receivers) Order 1999 (S.I. No. 108 of 1999); section repealed as per F-note above.

E21
Previous affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Dcs 1800 Mobile Terminals) Order 1999 (S.I. No. 107 of 1999); section repealed as per F-note above.

E22
Previous affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Ems-Mssat Terminals For Land Mobile Applications) Order 1999 (S.I. No. 106 of 1999); revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.

E23
Previous affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Ems-Prodat Terminals For Land Mobile Applications) Order 1999 (S.I. No. 105 of 1999); revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.

E24
Previous affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of (i) Arcanet Suitcase Terminals) Order 1999 (S.I. No. 104 of 1999); revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.

E25
Previous affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Omnitracs Terminals For The Euteltracs System) Order 1999 (S.I. No. 103 of 1999); revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.

E26
Previous affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat-M Terminals For Land Mobile Applications) Order 1999 (S.I. No. 102 of 1999); revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.

E27
Previous affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat-C Terminals For Land Mobile Applications) Order 1999 (S.I. No. 101 of 1999); revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.

E28
Previous affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat-D Terminals For Land Mobile Applications) Order 1999 (S.I. No. 100 of 1999); revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.

E29
Previous affecting provision: power pursuant to section exercised (25.03.1999) by Wireless Telegraphy (Programme Services Distribution) Regulations 1999 (S.I. No. 73 of 1999); revoked (5.11.2003) by Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations 2003 (S.I. No. 529 of 2003), reg. 21.

E30
Previous affecting provision: power pursuant to section exercised (11.11.1998) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Citizens’ Band (Cb) Radios) Order 1998 (S.I. No. 436 of 1998); section repealed as per F-note above.

E31
Previous affecting provision: power pursuant to section exercised (24.06.1998) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Satellite Earth Stations For Satellite Personal Communication Services (S-Pcs)) Order 1998 (S.I. No. 214 of 1998); section repealed as per F-note above.

E32
Previous affecting provision: reference in subsection (10) construed (8.04.1998) by European Communities (Telecommunications Licences) Regulations 1998 (S.I. No. 96 of 1998); section repealed as per F-note above.

E33
Previous affecting provision: power pursuant to section exercised (1.04.1998) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Short Range Business Radios) Order 1998 (S.I. No. 93 of 1998); section repealed as per F-note above.

E34
Previous affecting provision: power pursuant to section exercised (21.11.1997) by Wireless Telegraphy (Gsm and Tacs Mobile Telephony Licence) Regulations 1997 (S.I. No. 468 of 1997); section repealed as per F-note above.

E35
Previous affecting provision: power pursuant to section exercised (1.10.1997) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Cordless Telephones) Order 1997 (S.I. No. 410 of 1997); section repealed as per F-note above.

E36
Previous affecting provision: power pursuant to section exercised (1.10.1997) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Mobile Telephones) Order 1997 (S.I. No. 409 of 1997); section repealed as per F-note above.

Section 5
Staff and other resources.

5.—F6[…]

Annotations

Amendments:

F6
Repealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20/2002), s. 38, S.I. No. 510 of 2002, art. 2.

Editorial Notes:

E37
Previous affecting provision: functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9; section repealed as per F-note above. The transfer of functions appears to have been made after repeal of the section.

Section 6
Levies and fees.

6.—F7[…]

Annotations

Amendments:

F7
Repealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20/2002), s. 38, S.I. No. 510 of 2002, art. 2.

Editorial Notes:

E38
Previous affecting provision: power pursuant to section exercised (29.11.2002 for period 1.07.2002 to 30.06.2003) by Telecommunications (Miscellaneous Provisions) Act 1996 (Section 6) Postal Levy No. 3 Order 2002 (S.I. No. 549 of 2002); revoked (1.01.2004) by Communications Regulation Act 2002 (Section 30) Postal Levy Order 2003 (S.I. No. 733 of 2003), reg. 9.

E39
Previous affecting provision: power pursuant to section exercised (24.10.2001 for period 1.07.2001 to 31.12.2001) by Telecommunications (Miscellaneous Provisions) Act 1996 (Section 6) Postal Levy No. 2 Order 2001 (S.I. No. 474 of 2001); section revoked as per F-note above.

E40
Previous affecting provision: power pursuant to section exercised (22.06.2001 for year ending 30.06.2001) by Telecommunications (Miscellaneous Provisions) Act 1996 (Section 6) Postal Levy Order 2001 (S.I. No. 282 of 2001); section revoked as per F-note above.

E41
Previous affecting provision: section amended (27.09.2000) by European Communities (Postal Services) Regulations 2000 (S.I. No. 310 of 2000), re. 4(2)(a); section repealed as per F-note above.

E42
Previous affecting provision: subs. (7) inserted (27.09.2000) by European Communities (Postal Services) Regulations 2000 (S.I. No. 310 of 2000), re. 4(2)(b); section repealed as per F-note above.

E43
Previous affecting provision: power pursuant to section exercised (29.06.1998) by Telecommunications (Miscellaneous Provisions) Act 1996 (Section 6) Levy Amendment Order 1998 (S.I. No. 229 of 1998); section repealed as per F-note above.

E44
Previous affecting provision: power pursuant to section exercised (1.04.1998) by Telecommunications (Miscellaneous Provisions) Act 1996 (Section 6) Levy Order 1998 (S.I. No. 43 of 1998), in effect as per art. 1(2); revoked (25.07.2003) by Communications Regulation Act 2002 (Section 30) Levy Order 2003 (S.I. No. 346 of 2003), reg. 9, in effect as per art. 1(2).

Section 7

Tariff regulation.

7.—(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 F8[the Commission] 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” = (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 F8[the Commission];

“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), F8[the Commission] 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 F8[the Commission] 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, F8[the Commission] may request in writing a provider of telecommunications services to provide information to him or her about the services provided by that provider.

(5) F9[…]

(6) F9[…]

(7) F9[…]

(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.

Annotations

Amendments:

F8
Substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 10, item 2(a), S.I. No. 224 of 2007.

F9
Repealed (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 10, item 2(b), S.I. No. 224 of 2007.

Modifications (not altering text):

C3
Functions under section (other than subs. (5)) transferred from the Director to the Commission (15.05.2007) by Communications Regulation Act 2002 (20/2002), s. 9 and sch. 1 part 1 item 9, as substituted by Communications Regulation (Amendment) Act 2007 (22/2007), s. 18, S.I. No. 224 of 2007.

Transfer of functions.

9.—(1) On the establishment day there is transferred to the Commission the functions of the Director by or under—

(a) each of the provisions mentioned in column (3) of Part 1 of Schedule 1 of the enactments mentioned in column (2) of that Part opposite the mention of that provision, and

…

[SCHEDULE 1

Related Enactments for the Purposes of this Act

PART 1

Acts

…

(9) the Telecommunications (Miscellaneous Provisions) Act 1996, sections 1 and 7 (subsection (5) excepted).

…]

Editorial Notes:

E45
Power pursuant to subs. (2) exercised (1.10.2007) by Telecommunications Tariff Regulation (Revocation) Order 2007 (S.I. No. 665 of 2007), in effect as per art. 1(2), subject to transitional provision in art. 4.

E46
Previous affecting provision: power pursuant to subs. (2) exercised (4.02.2003) by Telecommunications Tariff Regulation Order 2003 (S.I. No. 31 of 2003), in effect as per art. 1(2); revoked (1.10.2007) by Telecommunications Tariff Regulation (Revocation) Order 2007 (S.I. No. 665 of 2007), art. 3, in effect as per art. 1(2), subject to transitional provision in art. 4.

E47
Previous affecting provision: power pursuant to subs. (5) exercised (1.01.2000) by Telecommunications Tariff Regulation (Modification) Order 1999 (S.I. No. 438 of 1999), in effect as per art. 1(2); revoked (4.02.2003) by Telecommunications Tariff Regulation Order 2003 (S.I. No. 31 of 2003), art. 1(3).

E48
Previous affecting provision: directions for carrying out functions under section provided (25.03.1999) by European Communities (Voice Telephony and Universal Service) Regulations 1999 (S.I. No. 71 of 1999), reg. 8(3); revoked (25.07.2003) by European Communities (Electronic Communications Networks and Services)(Framework) Regulations 2003 (S.I. No. 307 of 2003), reg. 38(3)(g), in effect as per reg. 1(2).

E49
Previous affecting provision: power pursuant to section exercised (1.01.1997) by Telecommunications Tariff Regulation Order 1996 (S.I. No. 393 of 1996), in effect as per art. 1(2); revoked (4.02.2003) by Telecommunications Tariff Regulation Order 2003 (S.I. No. 31 of 2003), art. 1(4).

Section 8

Issue of shares, etc.

8.—(1) Notwithstanding any provision of the Principal Act—

(a) F10[…]

F11[(aa) The Minister may not dispose of any shares in the company other than as provided for in subsection (3)(a) without the general principles of the sale being laid before and approved by Dáil Éireann.]

(b) subject to subsection (2), the Minister or the Minister for Finance may buy, sell or otherwise transfer shares in the company.

(2) (a) F10[…]

(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) F10[…]

Annotations

Amendments:

F10
Repealed (9.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5/1999), s. 3(1) and sch. 1, S.I. No. 87 of 1999.

F11
Inserted (9.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5/1999), s. 2, S.I. No. 87 of 1999.

Modifications (not altering text):

C4
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9, and subject to the repeal of subss. (1)(a), (2)(a) and (3) as per F-note above.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

…

Schedule 1

Enactments

…

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

…

No. 34 of 1996

Telecommunications (Miscellaneous Provisions) Act 1996

Sections 5, 8 (1)(b), 8(2)(a), (b) and (c), 8(3)(b), 9(1), (2)(b) and (3)

…

Section 9

Miscellaneous agreements.

9.—(1) F12[Subject to subsection (2), the Minister with the consent of the Minister for Finance may enter into one or more agreements in connection with the sale or issue of equity in the company or enter into one or more agreements in connection with both 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 F13[, including customary provisions contained in an underwriting agreement].

(3) F14[Section 60 of the Companies Act, 1963, shall not apply to any representation made or warranty or indemnity given by the company or any subsidiary thereof (within the meaning of section 155(1) of the Companies Act, 1963), or any financial obligations undertaken in relation thereto by the company, in connection with the issue by the company or the sale or transfer by any shareholder of shares in the company pursuant to an agreement under subsection (1) entered into by the Minister, with the consent of the Minister for Finance.]

F15[(4) Notwithstanding subsection (13)(b) of section 60 of the Companies Act, 1963, section 60 of that Act shall not apply to the provision, whether directly or indirectly, by the company or any subsidiary thereof (within the meaning of section 155(1) of the Companies Act, 1963) of money or a financial arrangement including a loan, guarantee, the provision of security or otherwise in connection with the purchase of, or subscription for, shares in the company by an employee share ownership trust established by the company, or the transfer thereto of such shares, irrespective of whether or not all or a portion of such shares are pledged as security or otherwise to any third party.]

Annotations

Amendments:

F12
Substituted (3.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5/1999), s. 9(a), S. I. No. 87 of 1999.

F13
Inserted (3.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5/1999), s. 9(b), S. I. No. 87 of 1999.

F14
Substituted (3.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5/1999), s. 9(c), S. I. No. 87 of 1999.

F15
Inserted (3.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5/1999), s. 9(c), S. I. No. 87 of 1999.

Modifications (not altering text):

C5
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

Schedule 1

Enactments

…

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

…

No. 34 of 1996

Telecommunications (Miscellaneous Provisions) Act 1996

Sections 5, 8 (1)(b), 8(2)(a), (b) and (c), 8(3)(b), 9(1), (2)(b) and (3)

…

Section 10
Employee directors.

10.—F16[…]

Annotations

Amendments:

F16
Repealed (9.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5/1999), s. 3(1) and sch. 1, S.I. No. 87 of 1999, subject to transitional provision in subs. (6).

Editorial Notes:

E50
Previous affecting provision: power pursuant to subs. (3) exercised (20.12.1996) by Telecommunications (Miscellaneous Provisions) Act 1996 (Expiration of Terms of Office) Order 1996 (S.I. No. 409 of 1996); section repealed as per F-note above.

Section 11
Amendment of Principal Act.

11.—F17[…]

Annotations

Amendments:

F17
Repealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20/2002), s. 38, S.I. No. 510 of 2002, art. 2.

Section 12

Authorised officers.

F18[12.—(1) The Commission may appoint persons to be authorised officers for the purposes of this section.

(2) The Commission shall provide each person appointed under subsection (1) with a certificate of appointment.

(3) When exercising a power conferred by this section, an authorised officer shall, if asked to do so by the person in relation to whom the power is being exercised, produce the certificate to the person for inspection.

(4) For the purposes of obtaining information necessary for the performance of the Commission’s functions under this Act, an authorised officer may do all or any of the following:

(a) enter at any time the premises of a provider of telecommunications services for the purpose of exercising powers conferred by this section;

(b) require any provider of telecommunications services to produce records relating to the provision of telecommunications services that are within the provider’s power or control and to provide the officer with such information as the officer may reasonably require in relation to any entries in the records;

(d) require a provider of telecommunications services mentioned in paragraph (a) to provide the officer with such information as the officer may reasonably require with respect to the provision of telecommunications services;

(e) make such inspections, tests and measurements of machinery, apparatus and other equipment on the premises as the officer considers appropriate. ]

Annotations

Amendments:

F18
Substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 10, item 3, S.I. No. 224 of 2007.

Editorial Notes:

E51
Previous affecting provisions: section repealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20/2002), s. 38, S.I. No. 510 of 2002; superseded as per F-note above.

E52
Previous affecting provision: section amended (27.09.2000) by European Communities (Postal Services) Regulations 2000 (S. I. No. 310 of 2000), reg. 4(2)(c); section repealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20/2002), s. 38, S.I. No. 510 of 2002.

E53
Previous affecting provision: application of section extended (31.07.1997) by European Communities (Telecommunications Infrastructure) Regulations 1997 (S. I. No. 338 of 1997), reg. 9(3); section repealed (1.12.2002) by Communications Regulation Act 2002 (20/2002), s. 38, S.I. No. 510 of 2002.

Section 13

Offences.

13.—F19[(1) A person who fails to comply with—

(a) an order under section 7(2), or

(b) a request under section 7(4),

is guilty of an offence.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding €3,000, or

(b) on conviction on indictment, to a fine not exceeding €1,000,000.]

(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.

Annotations

Amendments:

F19
Substituted (1.12.2002, establishment day) by Communications Regulation Act 2002 (20/2002), s. 46, S.I. No. 510 of 2002.

Section 14
Repeals.

14.—F20[…]

Annotations

Amendments:

F20
Repealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20/2002), s. 38, S.I. No. 510 of 2002.

Section 15
Laying of orders,

15.—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.

Section 16
Expenses.

16.—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.

Section 17
Short title and commencement.

17.—(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).

Annotations

Editorial Notes:

E54
Power pursuant to section exercised (30.06.1997) by Telecommunications (Miscellaneous Provisions) Act, 1996 (Commencement) (No. 3) Order 1997 (S.I. No. 110 of 1997), art. 3.

3. The 30th day of June, 1997, is hereby appointed as the day on which sections 3, 4, 5, 6, 12, 13 (1) (paragraphs (a), (d) and (e)) and (4), 14 (1) (in respect of the provisions of the Wireless Telegraphy Act, 1926, mentioned in column (3) of Part I of the Third Schedule to the Act) of the Act shall come into operation.

E55
Power pursuant to section exercised (10.03.1997) by Telecommunications (Miscellaneous Provisions) Act, 1996 (Commencement) (No. 2) Order 1997 (S.I. No. 109 of 1997), art. 3.

3. The 10th day of March, 1997, is hereby appointed as the day on which section 2 and the First Schedule of the Act shall come into operation.

E56
Power pursuant to section exercised (7.02.1997) by Telecommunications (Miscellaneous Provisions) Act, 1996 (Commencement) Order 1997 (S.I. No. 72 of 1997), art. 3.

3. The 7th day of February, 1997, is hereby appointed as the day on which section 14 (2) of the Act shall come into operation.

E57
Power pursuant to section exercised (19.12.1996) by Telecommunications (Miscellaneous Provisions) Act, 1996 (Commencement) (No. 2) Order 1996 (S.I. No. 402 of 1996), art. 3.

3. The 19th day of December, 1996, is hereby appointed as the day on which sections 8, 9, 10(4) to (11) and 14(1)(other than the provisions of the Wireless Telegraphy Act, 1926, and sections 46(10) and 90(2) of the Postal and Telecommunications Services Act, 1983, mentioned in column (3) of Part I of the Third Schedule to the Act) of the Act shall come into operation.

E58
Power pursuant to section exercised (16.12.1996 and 1.01.1997) by Telecommunications (Miscellaneous Provisions) Act, 1996 (Commencement) Order 1996 (S.I. No. 385 of 1996), arts. 3 and 4.

3. The 16th day of December, 1996, is hereby appointed as the day on which sections 1,7, 10(1), (2) and (3), 11, 13(1)(other than paragraphs (a), (d) and (e)), (2), (3) and (5), 14(1)(in respect of section 46(10) of the Postal and Telecommunications Services Act, 1983, mentioned in column (3) of Part I of the Third Schedule to the Act), 15, 16 and 17 of the Act shall come into operation.

4. The 1st day of January, 1997, is hereby appointed as the day on which section 14(1)(in respect of section 90(2) of the Postal and Telecommunications Services Act, 1983, mentioned in column (3) of Part I of the Third Schedule to the Act) of the Act shall come into operation.

Schedule 1
FIRST SCHEDULE

Office of Director of Telecommunications Regulation

Section 2.

F21[…]
Annotations

Amendments:

F21
Repealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20/2002), s. 38, S.I. No. 510 of 2002.

Modifications (not altering text):

C6
Schedule amended (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33/2004), s. 61 and sch. 2, part 1, commenced on enactment; schedule previously repealed as per F-note above.

Repeals, revocations and amendments.

61.—(1) The Acts referred to in the first and second columns of Part 1 of Schedule 2 are amended or repealed to the extent specified in the third column of that Part opposite the references to the Act concerned.

PART 1

Repeals and Amendments to Acts

Number and Year

Short Title

Amendment

No. 34 of 1996

Telecommunications (Miscellaneous Provisions) Act 1996

First Schedule:

In paragraph 11, to delete “the Civil Service Commissioners Act, 1956,” and substitute “Public Service Management (Recruitment and Appointments) Act 2004“.

Schedule 2
SECOND SCHEDULE

Transfer of Functions from Minister to Director

Section 4 (2).

Sch. 2, Part I
PART I

Acts under which Functions are Transferred

F22[…]
Annotations

Amendments:

F22
Repealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20/2002), s. 38, S.I. No. 510 of 2002.

Sch. 2, Part II
PART II

Statutory Instruments under which Functions are Transferred

F22[…]
Annotations

Amendments:

F23
Repealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20/2002), s. 38, S.I. No. 510 of 2002.

Schedule 3
THIRD SCHEDULE

Repeals

Section 14.

Sch. 3, Part I
PART I

F24[…]
Annotations

Amendments:

F24
Repealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20/2002), s. 38, S.I. No. 510 of 2002.

Sch. 3, Part II
PART II

F24[…]
Annotations

Amendments:

F25
Repealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20/2002), s. 38, S.I. No. 510 of 2002.

Acts Referred to

Broadcasting Act, 1990

1990, No. 24

Broadcasting and Wireless Telegraphy Act, 1988

1988, No. 19

Broadcasting Authority Act, 1960

1960, No. 10

Broadcasting Authority (Amendment) Act, 1976

1976, No. 37

Civil Service Commissioners Act, 1956

1956, No. 45

Civil Service Regulation Acts, 1956 and 1958

Companies Act, 1963

1963, No. 33

Companies Acts, 1963 to 1990

European Assembly Elections Act, 1977

1977, No. 30

European Parliament Elections Act, 1993

1993, No. 30

Finance Act, 1985

1985, No. 10

Irish Aviation Authority Act, 1993

1993, No. 29

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict., c. 93

Postal and Telecommunications Services Act, 1983

1983, No. 24

Public Offices Fees Act, 1879

1879, c. 58

Radio and Television Act, 1988

1988, No. 20

Wireless Telegraphy Act, 1926

1926, No. 45

Wireless Telegraphy Act, 1972

1972, No. 5

Worker Participation (State Enterprises) Act, 1977

1977, No. 6

Worker Participation (State Enterprises) Acts, 1977 and 1988

POSTAL AND TELECOMMUNICATIONS SERVICES (AMENDMENT) ACT, 1999

AN ACT TO AMEND AND EXTEND THE POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983, AND THE TELECOMMUNICATIONS (MISCELLANEOUS PROVISIONS) ACT, 1996, TO REPEAL CERTAIN PROVISIONS OF THOSE ACTS AND TO PROVIDE FOR RELATED MATTERS. [7th April, 1999]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act, except where the context otherwise requires—

“Act of 1983” means the Postal and Telecommunications Services Act, 1983 ;

“Act of 1996” means the Telecommunications (Miscellaneous Provisions) Act, 1996 ;

“company” means Bord Telecom éireann p.l.c.;

“Minister” means the Minister for Public Enterprise.

(2) In this Act—

(a) a reference to a section or Schedule is to a section of or Schedule to this Act, unless it is indicated that reference to some other provision is intended,

(b) a reference to a subsection is to a subsection of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended, and

(c) a reference to any other enactment is to that enactment as amended by or under any other enactment, including this Act.

Amendment of section 8 of Act of 1996.

2.—Section 8(2) of the Act of 1996 is hereby amended by the insertion after paragraph (a) of the following paragraph:

“(aa) The Minister may not dispose of any shares in the company other than as provided for in subsection (3)(a) without the general principles of the sale being laid before and approved by Dáil éireann.”.

Repeals.

3.—(1) The enactments mentioned in column (2) of the First Schedule are hereby repealed to the extent mentioned in column (3) of that Schedule.

(2) The enactments mentioned in column (2) of the Second Schedule are hereby repealed to the extent mentioned in column (3) of that Schedule in so far as they apply to the company.

Schemes under sections 46 and 90 of the Postal and Telecommunications Services Act, 1983 .

4.—(1) Notwithstanding the repeal by this Act of subsections (1), (2), (3), (6) and (7) of section 46 of the Act of 1983, in so far as those provisions apply to the company, a scheme prepared, submitted and carried out in accordance with that section, in respect of the company, shall continue in force and may be amended or revoked in accordance with the articles of association of the company.

(2) Notwithstanding the repeal by this Act of section 90 of the Act of 1983, in so far as that provision applies to the company, a scheme made under that section shall continue in force and, subject to any enactment or provision of law, may be amended or revoked by the company.

Amendment of section 46 of the Postal and Telecommunications Services Act, 1983 .

5.—Section 46 of the Act of 1983 is hereby amended—

(a) by the substitution for subsection (4) of the following subsections:

“(4) Every scheme under this section shall provide for not less favourable conditions in respect of persons who are or were members of the staff of the postal company and who, immediately before the vesting day, were members of the staff of the Department of Posts and Telegraphs than those to which they were entitled immediately before the vesting day.

(4A) Every scheme for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of—

(a) persons who are or were members of the staff of the telecommunications company and who, immediately before the vesting day, were members of the staff of the Department of Posts and Telegraphs, or

(b) those 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,

shall provide for not less favourable conditions in respect of those persons than those to which they were entitled immediately before the vesting day.”,

and

(b) in subsection (5), by the substitution for “who, immediately before the vesting day, were members of the staff of the Department of Posts and Telegraphs” of “referred to in subsections (4) and (4A)” and the subsection as so amended is set out in the Table to this paragraph.

TABLE

(5) Disbursement of pensions, gratuities and other allowances which may be granted to or in respect of persons referred to in subsections (4) and (4A) shall not be on less favourable conditions than would apply if the benefits referred to had continued to be paid out of moneys provided by the Oireachtas.

Employee directors.

6.—(1) The Worker Participation (State Enterprises) Acts, 1977 to 1993, shall not apply to Bord Telecom éireann p.l.c.

(2) Notwithstanding subsection (1) and the repeal by this Act of section 10 of the Act of 1996, the term of office of any employee director appointed in accordance with the Worker Participation (State Enterprises) Acts, 1977 to 1993, or of any director or alternate director appointed under the said section 10 and servicing upon the commencement of this section shall continue until such date as may be specified by the Minister.

Application to all licenced operators of certain provisions.

7.—(1) A reference to the company or to Bord Telecom éireann, as the case may be, in section 13 of the Post Office (Amendment) Act, 1951 , sections 52(2), 96(d), 98, 99 and 110 of the Act of 1983, section 7 of the Broadcasting and Wireless Telegraphy Act, 1988 , and in the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 shall be construed as a reference to “a licensed operator”.

(2) Section 110 of the Act of 1983 shall, in respect of the company and a licensed operator, apply only for the purposes of section 98 of the Act of 1983 and the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 .

(3) In this section “licensed operator” means the company or any person licensed under subsection (2) or (3) of section 111 of the Act of 1983.

Expenses.

8.—Money required by the Minister to meet sums payable by the Minister in respect of the sale of shares of the company shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of the moneys provided by the Oireachtas.

Amendment of section 9 of the Telecommunications (Miscellaneous Provisions) Act, 1996 .

9.—Section 9 of the Act of 1996 is hereby amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) Subject to subsection (2), the Minister with the consent of the Minister for Finance may enter into one or more agreements in connection with the sale or issue of equity in the company or enter into one or more agreements in connection with both the sale and issue of equity in the company.”,

(b) in subsection (2)(b), after “from time to time consent to” by the insertion of “, including customary provisions contained in an underwriting agreement”, and

“(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 subsidiary thereof (within the meaning of section 155(1) of the Companies Act, 1963 ), or any financial obligations undertaken in relation thereto by the company, in connection with the issue by the company or the sale or transfer by any shareholder of shares in the company pursuant to an agreement under subsection (1) entered into by the Minister, with the consent of the Minister for Finance.

(4) Notwithstanding subsection (13)(b) of section 60 of the Companies Act, 1963 , section 60 of that Act shall not apply to the provision, whether directly or indirectly, by the company or any subsidiary thereof (within the meaning of section 155(1) of the Companies Act, 1963 ) of money or a financial arrangement including a loan, guarantee, the provision of security or otherwise in connection with the purchase of, or subscription for, shares in the company by an employee share ownership trust established by the company, or the transfer thereto of such shares, irrespective of whether or not all or a portion of such shares are pledged as security or otherwise to any third party.”.

Non-application of certain Acts.

10.—The Ombudsman Act, 1980 , the Ethics in Public Office Act, 1995 , the Prompt Payment of Accounts Act, 1997 , and section 521 of the Taxes Consolidation Act, 1997 , shall not apply to the company.

Short title, commencement and collective citation.

11.—(1) This Act may be cited as the Postal and Telecommunications Services (Amendment) Act, 1999.

(2) This Act shall come into operation on such day or days as, by order 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) The Postal and Telecommunications Services Acts, 1983 and 1984, sections 4 , 5 and 7 and, in so far as they relate to that section, section 1 and this section may be cited together as the Postal and Telecommunications Services Acts, 1983 to 1999.

FIRST SCHEDULE

Section 3(1).

Number and Year

Short Title of Act

Extent of Repeal

(1)

(2)

(3)

No. 24 of 1983.

Postal and Telecommunications Services Act, 1983 .

In section 3, the words “or by the telecommunications company under section 98”.

In section 5(1), the words “or the telecommunications company, as the case may require”.

Section 5(3) and (5).

Section 10(1)(b).

Section 19(2).

Section 27(1)(c).

Section 40(4).

Section 88(3).

Section 90.

Section 91.

Section 92.

In section 95(4) the words “by the company”.

Section 98(3).

No. 34 of 1996.

Telecommunications (Miscellaneous Provisions) Act, 1996 .

Section 8(1)(a). Section 8(2)(a).

Section 8(3).

Section 10.

SECOND SCHEDULE

Section 3(2).

Number and Year

Short Title of Act

Extent of Repeal

(1)

(2)

(3)

No. 24 of 1983.

Postal and Telecommunications Services Act, 1983 .

Section 8(2).

Section 10(2).

Section 11.

Section 19(3).

Section 22.

Section 24.

Section 27.

Section 28.

Section 30.

Section 32.

Section 33.

Section 37.

Section 38.

Section 39(3).

Section 46(1), (2), (3), (6), (7), (9) and (11).

Section 51.

POSTAL AND TELECOMMUNICATIONS SERVICES (AMENDMENT) ACT, 1999

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act, except where the context otherwise requires—

“Act of 1983” means the Postal and Telecommunications Services Act, 1983 ;

“Act of 1996” means the Telecommunications (Miscellaneous Provisions) Act, 1996 ;

“company” means Bord Telecom éireann p.l.c.;

“Minister” means the Minister for Public Enterprise.

(2) In this Act—

(a) a reference to a section or Schedule is to a section of or Schedule to this Act, unless it is indicated that reference to some other provision is intended,

(b) a reference to a subsection is to a subsection of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended, and

(c) a reference to any other enactment is to that enactment as amended by or under any other enactment, including this Act.

Amendment of section 8 of Act of 1996.

2.—Section 8(2) of the Act of 1996 is hereby amended by the insertion after paragraph (a) of the following paragraph:

Repeals.

3.—(1) The enactments mentioned in column (2) of the First Schedule are hereby repealed to the extent mentioned in column (3) of that Schedule.

(2) The enactments mentioned in column (2) of the Second Schedule are hereby repealed to the extent mentioned in column (3) of that Schedule in so far as they apply to the company.

Schemes under sections 46 and 90 of the Postal and Telecommunications Services Act, 1983 .

Amendment of section 46 of the Postal and Telecommunications Services Act, 1983 .

5.—Section 46 of the Act of 1983 is hereby amended—

(a) by the substitution for subsection (4) of the following subsections:

(4A) Every scheme for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of—

(a) persons who are or were members of the staff of the telecommunications company and who, immediately before the vesting day, were members of the staff of the Department of Posts and Telegraphs, or

(b) those 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,

shall provide for not less favourable conditions in respect of those persons than those to which they were entitled immediately before the vesting day.”,

and

TABLE

Employee directors.

6.—(1) The Worker Participation (State Enterprises) Acts, 1977 to 1993, shall not apply to Bord Telecom éireann p.l.c.

Application to all licenced operators of certain provisions.

(3) In this section “licensed operator” means the company or any person licensed under subsection (2) or (3) of section 111 of the Act of 1983.

Expenses.

Amendment of section 9 of the Telecommunications (Miscellaneous Provisions) Act, 1996 .

9.—Section 9 of the Act of 1996 is hereby amended—

(a) by the substitution of the following subsection for subsection (1):

(b) in subsection (2)(b), after “from time to time consent to” by the insertion of “, including customary provisions contained in an underwriting agreement”, and

Non-application of certain Acts.

Short title, commencement and collective citation.

11.—(1) This Act may be cited as the Postal and Telecommunications Services (Amendment) Act, 1999.

FIRST SCHEDULE

Section 3(1).

Number and Year

Short Title of Act

Extent of Repeal

(1)

(2)

(3)

No. 24 of 1983.

Postal and Telecommunications Services Act, 1983 .

In section 3, the words “or by the telecommunications company under section 98”.

In section 5(1), the words “or the telecommunications company, as the case may require”.

Section 5(3) and (5).

Section 10(1)(b).

Section 19(2).

Section 27(1)(c).

Section 40(4).

Section 88(3).

Section 90.

Section 91.

Section 92.

In section 95(4) the words “by the company”.

Section 98(3).

No. 34 of 1996.

Telecommunications (Miscellaneous Provisions) Act, 1996 .

Section 8(1)(a). Section 8(2)(a).

Section 8(3).

Section 10.

SECOND SCHEDULE

Section 3(2).

Number and Year

Short Title of Act

Extent of Repeal

(1)

(2)

(3)

No. 24 of 1983.

Postal and Telecommunications Services Act, 1983 .

Section 8(2).

Section 10(2).

Section 11.

Section 19(3).

Section 22.

Section 24.

Section 27.

Section 28.

Section 30.

Section 32.

Section 33.

Section 37.

Section 38.

Section 39(3).

Section 46(1), (2), (3), (6), (7), (9) and (11).

Section 51.

Telecom Eireann

POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983

Interpretation.

Penalties.

Proceedings.

Establishment of an Post and Bord Telecom Éireann

Principal objects of postal company.

General duty of postal company.

Principal objects of telecommunications company.

General duty of telecommunications company.

Issue of shares to the Minister in consideration of transfer of property.

Transfer by Minister of shares.

Payment of dividends, etc., into Exchequer.

Power to borrow.

Guaranteeing by Minister for Finance of borrowings.

Provision of money for payments out of Central Fund.

Provision of working capital for each company.

Accounts and audits.

Annual report and furnishing of information to Minister.

Prohibition on unauthorised disclosure of information.

Provisions Applicable to Both Companies

Transfer of land.

Transfer of rights and liabilities.

Acquisition of land.

Provisions applicable to staff transferred to companies.

Superannuation.

Users’ Councils.

Restriction of liability of companies under Planning Acts.

The Telecommunications Company

Limitation of liability of the telecommunications company.

Grant of licences for the provision of telecommunications services.

Charges and other terms applicable to services.

Evidence as to sum due for telecommunications services.

Transitional provisions as to regulations under Telegraph Acts, 1863 to 1953.

Precabling of housing and industrial estates.

Control of telecommunications services.

Prohibition on interception of telecommunications messages.

Fraudulent use of telecommunications system.

Repayment of certain advances under Telecommunications Capital Acts, 1924 to 1981.

INTERCEPTION OF POSTAL PACKETS AND TELECOMMUNICATIONS MESSAGES (REGULATION) ACT, 1993

Definitions.

Authorisation of interceptions.

Restriction of power under Act of 1983 to require interceptions.

Conditions justifying interception for purpose of criminal investigation.

Conditions justifying interception in interests of security of State.

Applications for authorisations.

Cesser of interceptions no longer required.

Review of operation of Act by judge of High Court.

Complaints procedure.

Retention of official documents.

Restriction of disclosure of existence of authorisations and of matter intercepted.

Amendment of Act of 1983.

Repeal of section 18 of Official Secrets Act, 1963.

TELECOMMUNICATIONS (MISCELLANEOUS PROVISIONS) ACT 1996

Interpretation.

Tariff regulation.

Transfer of functions.

Issue of shares, etc.

Authorised officers.

Offences.

POSTAL AND TELECOMMUNICATIONS SERVICES (AMENDMENT) ACT, 1999

Interpretation.

Schemes under sections 46 and 90 of the Postal and Telecommunications Services Act, 1983 .

Amendment of section 46 of the Postal and Telecommunications Services Act, 1983 .

Application to all licenced operators of certain provisions.

Non-application of certain Acts.

POSTAL AND TELECOMMUNICATIONS SERVICES (AMENDMENT) ACT, 1999

Interpretation.

Amendment of section 8 of Act of 1996.

Schemes under sections 46 and 90 of the Postal and Telecommunications Services Act, 1983 .

5.—Section 46 of the Act of 1983 is hereby amended—

Employee directors.

Application to all licenced operators of certain provisions.

Amendment of section 9 of the Telecommunications (Miscellaneous Provisions) Act, 1996 .

Non-application of certain Acts.

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