Postal Regulation
Post Office Act, 1908
POST OFFICE ACT 1908
CHAPTER XLVIII.
An Act to consolidate Enactments relating to the Post Office. [21st December 1908.]
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Duties of Postage.
Postal packets subject to charge.
1. Subject to the provisions of this Act, there shall be charged by the Postmaster-General for the use of His Majesty the King on all postal packets which are conveyed or delivered for conveyance by post under the authority of the Postmaster-General such postage and other sums as may be fixed in manner provided by this Act.
Power of Treasury to fix rates of postage.
2.—(1) The Treasury may, by warrant, fix the rates of postage and other sums to be charged in respect of postal packets under this Act, and regulate the scale of weights and the circumstances according to which those rates and sums are to be charged, and the power of the Postmaster-General, with or without the consent of the Treasury, to remit any such rates or sums: Provided that—
(a) The lowest rate of postage in the British Islands for an inland letter shall not be less than one penny; and
(b) The highest rate of postage in the British Islands when prepaid—
(i) for an inland post card shall not exceed one halfpenny; or, if it is a reply post card (that is to say, a post card of such a description that the person receiving it through the post can, without further payment, again transmit the same or part thereof through the post), double that sum; and
(ii) for an inland book packet shall not exceed one halfpenny for every two ounces in weight, or for any fractional part of two ounces over and above the first or any additional two ounces; and
(iii) for each inland registered newspaper, whether with or without a supplement or supplements, and whether single or in a packet of two or more, shall not exceed one halfpenny; but
(iv) for an inland packet of two or more registered newspapers, with or without a supplement or supplements, shall not exceed the prepaid postage for an inland book packet of the same weight; and
(c) The highest rate of prepaid postage on a single newspaper sent by post between the British Islands and places out of the British Islands or between places out of the British Islands whether through the British Islands or not, shall not exceed threepence, exclusive of any additional charge made by any British possession or any foreign country:
(d) A warrant under this section may fix special rates for postal packets consisting of books and papers impressed for the use of the blind, and may specify any special conditions and regulations in respect of the transmission by post of such packets.
(2) Where an inland letter or packet (other than votes or parliamentary proceedings) in the British Islands is not prepaid, or is insufficiently prepaid, the postage charged on the letter or packet shall, subject to any warrant of the Treasury under this Act, be double the amount, if the letter or packet is not prepaid, of the postage otherwise chargeable thereon, and, if it is insufficiently prepaid, of the deficiency.
(3) Post Office regulations may determine—
(a) what circulars or what commercial, legal, and other similar documents; and
(b) what marks or indications referring to the contents of a registered newspaper, when written or printed on the newspaper or on the cover thereof,
shall not be charged with postage as letters.
(4) Post Office regulations may make provisions respecting the re-direction of postal packets, and the transmission of postal packets so re-directed, either free of charge or subject to such postage as may be specified in the regulations.
Payment of postage by addressee or sender.
3.—(1) Where the postage or any other sum chargeable on any postal packet is not prepaid by the sender or is insufficiently prepaid, the postage or sum, or the deficiency, as the case may be, shall be paid by the person to whom the postal packet is addressed (in this Act styled the addressee) on the delivery thereof to him; or, if the postal packet is refused, or the addressee is dead or cannot be found, by the sender.
(2) Where the postage or any other sum chargeable on a postal packet has not been prepaid or has been insufficiently prepaid by the sender, and the addressee on receiving the packet and paying the postage or other sum, or the deficiency, as the case may be, desires to reject it, and to compel the sender thereof to pay the postage or other sum, or the deficiency, as the case may be, the Postmaster-General, on the application of the addressee, and subject to Post Office regulations, may charge the postage or other sum, or the deficiency, as the case may be, to the sender, with the additional postage of returning the packet to him, and in every such case the sender of the postal packet shall pay the postage or other sum chargeable on sending the packet, or the deficiency, as the case may be, and also the postage of returning the packet, and on the payment thereof by the sender the amount paid in respect of postage by the addressee shall be repaid to him by the Postmaster-General.
(3) Provided that nothing in this section shall release the addressee from his liability to pay the postage or other sum chargeable on a packet or any deficiency thereon on the delivery thereof to him.
Power of Treasury to carry into effect postal arrangements with foreign states.
4. Where an arrangement has, either before or after the passing of this Act, been made by His Majesty with any foreign state with respect to the conveyance by post of any postal packets between the British Islands and places out of the British Islands, or between places out of the British Islands whether through the British Islands or not, the Treasury may, by warrant, make such regulations as may seem to them necessary for carrying the arrangement into effect, and may make provisions as to the charges for the transit of postal packets, single or in bulk, and the scale of weights to be adopted, and the accounting for and paying over to any foreign state of any money received by the Postmaster-General.
Postage on petitions and addresses to His Majesty or to Parliament, and on votes and parliamentary proceedings.
5.—(1) Petitions and addresses forwarded to His Majesty by post shall be exempt from postage.
(2) Members of each House of Parliament may receive by post petitions and addresses to His Majesty, and petitions addressed to either House of Parliament, not exceeding thirty-two ounces in weight, exempt from postage, provided those petitions and addresses are sent without covers, or in covers open at the sides.
(3) Where in the British Islands any votes or parliamentary proceedings are sent by post addressed to places in the British Islands and are not prepaid, or are insufficiently prepaid, the postage charged on them shall, subject to any warrant of the Treasury under this Act, be, if they have not been prepaid, the postage which would otherwise be chargeable on them, and, if they have been insufficiently prepaid, the deficiency in the postage.
Exemption of letters of seamen and soldiers.
1 Edw. 7. c. 9.
6.—(1) Any of the privileged persons herein-after mentioned may send and receive letters, not exceeding half an ounce in weight, by post, or by private ships between the British Islands and places beyond the seas, on their own private concerns, at a postage of one penny for each letter when prepaid, subject in the case of letters sent by private ship to the payment of the gratuities payable to the master of the ship.
(2) The enjoyment of the privilege shall be subject to the following provisions:—
(a) The postage of any such letters sent by a privileged person (unless sent from parts beyond the sea) must be duly prepaid on the letter being posted:
(b) In the case of letters sent by a privileged person the name of the writer and his class or description in the vessel, regiment, corps, or detachment, to which he belongs must appear with the direction on the letter, and the name of the vessel, regiment, corps, or detachment, to which the privileged person belongs, and the signature of the officer commanding it, must be written on the letter by the said officer in his own handwriting:
(c) The postage on any such letter to be received by a privileged person (unless sent from parts beyond the sea) must have been duly prepaid on the letter being posted:
(d) Any such letter to be received by a privileged person must be directed to that person, and the vessel, regiment, corps, or detachment to which he belongs must be specified in the direction:
(e) Any such letter to be received by a privileged person must not be delivered to any person except the privileged person to whom it is addressed, or to some person authorised in writing to receive the letter by the officer in command:
(f) Where any such letters are sent or received by privileged persons from parts beyond the seas and the postage of one penny is not prepaid, every such letter shall be charged to the party receiving the letter with the postage of twopence.
(3) A Treasury warrant under this Act with respect to rates of postage shall, if necessary provide for the delivery of letters of privileged persons on their own private affairs (not exceeding, in the case of privileged persons, other than such commissioned and warrant officers and midshipmen and master’s mates as are herein-after mentioned, half an ounce in weight) free from any postage in respect of re-direction.
(4) The privileged persons for the purpose of this section shall be the following persons, whilst actually employed in His Majesty’s service whether at home or abroad; namely,—
For all purposes every non-commissioned officer (not being a warrant officer) every band-master, school-master, and soldier in any of His Majesty’s regular forces within the meaning of the Army Act, any special reservists within the meaning of Part III. of the Territorial and Reserve Forces Act, 1907, every seaman in His Majesty’s navy or Indian marine service, and as regards re-direction every officer commissioned or not in the said regular forces, every commissioned officer in the special reserve of officers, and every non-commissioned officer in any body of special reservists, and every officer, commissioned or not, in the said navy or marine service, and every midshipman and master’s mate in His Majesty’s navy.
(5) If any commanding officer authorised to write his name and the name of the vessel, regiment, corps, or detachment commanded by him on the letter of a privileged person under this section wilfully writes his name upon a letter that is not from and on the private concerns only of a privileged person, he shall for each offence be liable on summary conviction to a fine not exceeding five pounds.
(6) If any person—
(a) not having at the time the command of any vessel, regiment, corps, or detachment, to which a privileged person belongs, writes his name upon a letter in order that it may be sent at a lower rate of postage than by law established; or
(b) procures a privileged person to obtain the signature of his commanding officer upon a letter which is not from that privileged person and upon his private concerns only, in order to avoid the payment of the postage by law established; or
(c) wilfully addresses a letter to a privileged person which is intended for another person or concerns the affairs of another person with intent to evade the payment of the postage by law established;
he shall for each offence be liable on summary conviction to a fine not exceeding five pounds.
(7) If any privileged person obtains the signature of his commanding officer upon a letter which is not from that person and upon his private concerns only in order to avoid the payment of the postage by law established, he shall for each offence be liable on summary conviction to a fine not exceeding five pounds.
Recovery of postage.
7.—(1) All postage and other sums payable under this Act in respect of postal packets may be recovered in like manner as any duties granted to His Majesty by any Act relating to His Majesty’s revenue are recoverable by law, and in the Channel Islands and Isle of Man as a debt due to the Crown.
(2) Where any sum not exceeding twenty pounds is due from any person for postage or in respect of postal packets, that sum may be recovered in the United Kingdom summarily as a civil debt.
(3) Where any sum not exceeding fifty pounds is due from any person for postage or in respect of postal packets, it may be recovered in Ireland, without prejudice to any other mode of recovery, in the civil bill court.
Post Office mark evidence of refusal, &c.
8. In any proceeding for the recovery of postage or other sums in respect of postal packets—
(1) the production of any postal packet in respect of which any such postage or sum is sought to be recovered, having thereupon a Post Office stamp denoting that the packet has been refused or rejected, or that the addressee was dead or could not be found, shall be primâ facie evidence of the fact denoted; and
(2) the person from whom any postal packet in respect of which any such postage or sum is sought to be recovered purports to have come shall, until the contrary is proved, be deemed to be the sender of the packet.
Official mark to be evidence of amount of postage.
9. The official mark of any sum on any postal packet as due to the Post Office, British, colonial, or foreign, in respect of that packet, shall in every British court, whether within or without the United Kingdom, be received as evidence of the liability of the packet to the sum so marked, and the sum shall be recoverable in any such court as postage due to His Majesty.
Provision for stamps.
10. All duties of postage and other sums in respect of postal packets payable in pursuance of this Act, or any warrant or regulations made under this Act, shall be chargeable as stamp duties, and all enactments relating to stamp duties shall apply accordingly.
Stamping paper for envelopes, &c. provided by private persons.
11. The Commissioners of Inland Revenue may, under regulations made or sanctioned by the Treasury, stamp any paper sent to them for the purpose of being stamped as covers or envelopes of letters or packets with stamps denoting the several rates of postage on payment of the amount of the stamps required to be impressed on the paper, and (unless the amount exceeds ten pounds) upon payment of such fee in addition as the Treasury may direct.
Conditions of Transit of Postal Packets.
Regulations as to postal packets.
12. All postal packets shall be posted, forwarded, conveyed, and delivered subject to such provisions, conditions, prohibitions, and restrictions respecting the time and mode of posting and delivery, and of the payment of postage and other sums in respect thereof chargeable under this Act or any warrant or regulations made under this Act, and respecting the registration of, and giving receipts for, and giving and obtaining certificates of posting and delivery of, any postal packet, and the sums to be paid in addition to any other postage for that registration, receipt, or certificate, and respecting stamps, covers, form, dimensions, maximum weight, inclosures, the use of packets (other than letters) for making communications, and otherwise, as may be directed by Post Office regulations.
Liability for loss of postal packets.
13. The registration of or giving a receipt for a postal packet, or the giving or obtaining of a certificate of posting or delivery of a postal packet, shall not render the Postmaster-General or the Post Office revenue in any manner liable for the loss of the packet or the contents thereof.
Power to authorise collection and delivery of letters otherwise than by post.
14. The Postmaster-General, with the consent of the Treasury, may, either generally or in the case of any particular person, authorise—
(a) letters or other postal packets to be sent, conveyed, and delivered otherwise than by post; and
(b) the collection otherwise than by an officer of the Post Office of any letters or other postal packets, whether to be so sent or to be sent by post,
but the authority shall be subject in every case to such provisions, conditions, prohibitions, and restrictions as are specified in Post Office regulations.
Despatch and delivery of book packets, &c.
15. Where the despatch or delivery from a post office of letters would be delayed by the despatch or delivery therefrom at the same time of book packets, pattern or sample packets, and post cards, or any of them, those packets, or cards, or any of them, may, subject and according to Post Office regulations, be detained in the post office until the despatch or delivery next following that by which they would ordinarily be despatched or delivered.
Regulations for preventing sending by post indecent articles, &c.
16. Post Office regulations may be made for preventing the sending or delivery by post of indecent or obscene prints, paintings, photographs, lithographs, engravings, books, or cards, or of other indecent or obscene articles, or of letters, newspapers, supplements, publications, packets, or post cards having thereon, or on the covers thereof, any words, marks, or designs of an indecent, obscene, libellous, or grossly offensive character.
Dealing with postal packets not sent in conformity with Act.
17. If any postal packet is posted or sent by post in contravention of this Act, or of any warrant or regulations made thereunder, the transmission thereof may be refused, and the packet may, if necessary, be detained and opened in the Post Office, and shall be either returned to the sender thereof, or forwarded to its destination, in either case charged with such additional postage at a rate not exceeding the letter rate of postage, or without any additional charge, as Post Office regulations may direct.
Postal packets with contraband goods.
18. The Postmaster-General may detain any postal packet suspected to contain any contraband goods, and forward the packet to the Commissioners of His Majesty’s Customs, and those Commissioners, in the presence of the person to whom the packet is addressed, or if, after notice in writing from them requiring his attendance, left at or forwarded by post to the address on the packet, he fails to attend, then in his absence, may open and examine the packet, and, if they find any contraband goods, may detain the packet and its contents for the purpose of prosecution; and, if they find no contraband goods, shall either deliver the packet to the person to whom it is addressed, upon his paying the postage, if any, chargeable thereon, or, if he is absent, shall forward the packet to him by post.
Decision as to postal packets.
19. If any question arises whether any postal packet is a letter or any other description of postal packet within the meaning of this Act, or any warrant or regulations made under this Act, the decision thereon of the Postmaster-General shall be final, save that the Treasury may, if they think fit, on the application of any person interested, reverse or modify the decision, and order accordingly.
Newspapers.
Publications which may be registered as newspapers.
20.—(1) For the purpose of the registration of newspapers under this Act, any publication consisting wholly or in great part of political or other news, or of articles relating thereto, or to other current topics, with or without advertisements, shall be deemed a newspaper; subject to these conditions—
(a) that it be printed and published in the British Islands;
(b) that it be published in numbers at intervals of not more than seven days;
(c) that it have the full title and date of publication printed at the top of the first page, and the whole or part of the title and the date of publication printed at the top of every subsequent page.
(2) For the same purpose, the following shall be deemed a supplement to a newspaper, (that is to say) a publication consisting wholly or in great part of matter like that of a newspaper, or of advertisements, printed on a sheet or sheets or a piece or pieces of paper, or consisting wholly or in part of engravings, prints, or lithographs illustrative of articles in the newspaper; the publication in every case being published with the newspaper, and having the whole or part of the title of the newspaper printed at the top of every page, or at the top of every sheet or side on which any such engraving, print, or lithograph appears.
Provided that—
(a) Post Office regulations may modify the foregoing provisions so far as they apply to a supplement which consists wholly of engravings, prints, or lithographs illustrative of articles in the newspaper; and
(b) All sheets of a supplement shall be put together in some one part of the newspaper, whether gummed or stitched up with the newspaper or not.
(3) Although newspapers may be sent by post, it shall not be compulsory to send them by post.
Registration of newspapers at Post Office.
21.—(1) The proprietor or printer of any newspaper within the description aforesaid, and the proprietor or printer of any publication which, regard being had to the proportion of advertisements to other matter therein, is not within the description aforesaid, but which was stamped as a newspaper before the fifteenth day of June one thousand eight hundred and fifty-five, may register it at the General Post Office in London, at such time in each year and in such form and with such particulars as the Postmaster-General directs, paying on each registration such fee not exceeding five shillings as Post Office regulations direct.
(2) The Postmaster-General may from time to time revise the register and remove therefrom any publication not being a newspaper.
(3) The decision of the Postmaster-General on the admission to or removal from the register of a publication shall be final, save that the Treasury may, if they think fit, on the application of any person interested, reverse or modify the decision, and order accordingly.
(4) Any publication for the time being on the register shall for the purposes of this Act be deemed a registered newspaper.
Newspapers under arrangement or convention.
22. A registered newspaper shall be deemed a newspaper for the purposes of any arrangement or convention between His Majesty’s Government and the government of any British possession or foreign state for securing advantages for newspapers sent by post.
Money Orders.
Money orders.
23.—(1) So long as the Treasury think fit, the Postmaster-General may provide for the remission of small sums of money through the Post Office by means of money orders, and may demand and receive for the use of His Majesty in respect of those money orders such rates of poundage as may be fixed by Post Office regulations, and all poundage so received shall be deemed to be part of the Post Office revenue.
(2) Post Office regulations may make provisions with respect to money orders, and to the payment thereof, and to the persons by or to whom they are to be paid, and the times at which and the mode in which they are to be paid.
(3) Subject to the said regulations the Postmaster-General may repay the amount of any money order to the person to whom the order is issued, or his executors or administrators, whether the order remains in the possession of that person or not, and upon that repayment all liability on the part of the Postmaster-General, or any officer of the Post Office, or the Post Office revenue, or the Consolidated Fund, in respect of the money order shall, as against the payee of the money order, and the holder thereof, and every other person whomsoever, absolutely cease.
(4) No action or other legal proceeding shall be instituted against the Postmaster-General or any officer of the Post Office, or any person whomsoever, in respect of any compliance with the said regulations, or otherwise in relation thereto, or in respect of the payment of any such money orders being refused or delayed by or on account of any accidental neglect, omission, or mistake, by or on the part of any officer of the Post Office, or for any other cause whatsoever, without fraud or wilful misbehaviour on the part of any such officer of the Post Office.
Special provisions as to postal orders.
24.—(1) The Postmaster-General, with the consent of the Treasury, may authorise his officers or any of them to issue money orders in a special form to be prescribed from time to time by the regulations made under the preceding section, and those money orders (in this Act referred to as postal orders) shall be paid in the manner and subject to the conditions prescribed by the said regulations.
Provided that—
(a) A postal order shall be for one of the amounts prescribed by the regulations not exceeding twenty-one shillings, and the poundage shall not exceed twopence:
(b) A postal order shall not be issued until the amount of the order and the poundage have been paid to the officer issuing the order:
(c) After the expiration of three months from the last day of the month in which a postal order is issued by the Post Office, the order shall be payable only on payment in manner prescribed by the regulations of a commission equal to the amount of the original poundage.
(2) No interest shall be payable in respect of any postal order.
(3) If the regulations so provide, the Postmaster-General may authorise any person holding office under the Crown to issue postal orders, and a person so authorised shall, for the purpose of the issue and payment of postal orders, be deemed to be an officer of the Postmaster-General and of the Post Office within the meaning of this Act.
Liability of bankers in respect of postal orders.
25. Any banker or corporation or company acting as bankers in the British Islands who, in collecting in that capacity for any principal, shall have received payment or been allowed by the Postmaster-General in account in respect of any postal order, or of any document purporting to be a postal order, shall not incur liability to anyone except that principal by reason of having received the payment or allowance, or having held or presented the order or document for payment; but this section shall not relieve any principal for whom any such order or document has been so held or presented of any liability in respect of his possession of the order or document or of the proceeds thereof.
Ship Letters.
Duties of masters of out ward-bound vessels as respects mail bags.
26.—(1) Every master of a vessel outward bound shall receive on board his vessel every mail bag tendered to him by an officer of the Post Office for conveyance, and having received it shall deliver it, on arriving at the port or place of his destination, without delay.
(2) If he fails to comply with this section he shall forfeit two hundred pounds.
Duties of masters of inward-bound vessels as respects postal packets.
27.—(1) Every master of a vessel inward bound shall collect all postal packets on board his vessel being within the exclusive privilege of the Postmaster-General, and not being letters by his Act defined as shipowners’ letters, and inclose them in some bag or other covering, sealed with his seal, and addressed to the Postmaster-General, and without delay deliver those packets to the proper officer of the Post Office demanding them, or, if no demand is made by that officer, then at the Post Office with which he can first communicate.
(2) The master of every such vessel shall, at the port where the vessel reports, sign, in the presence of the proper officer of the Post Office or other person authorised by the Postmaster-General, a declaration of compliance with this Act (which may be in the form contained in the First Schedule to this Act), and shall not break bulk or make entry of any part of her cargo in any port until he has complied with this section. The declaration shall also be signed by the person in whose presence it is made.
(3) If the master of a vessel does not duly deliver any postal packets in accordance with this section, he shall forfeit two hundred pounds.
(4) If the master of a vessel refuses or wilfully neglects to make the declaration required by this section, he shall forfeit fifty pounds.
(5) If the master of a vessel breaks bulk or makes entry before the postal packets on board his vessel have been delivered in accordance with this section, he shall be liable on summary conviction to a fine not exceeding twenty pounds.
Penalty for master of vessel opening mail bag.
28.—(1) If a master of a vessel—
(a) opens a sealed mail bag with which he is entrusted for conveyance; or
(b) takes out of a mail bag with which he is entrusted for conveyance any postal packet or other thing,
he shall forfeit two hundred pounds.
(2) If any person to whom postal packets have been entrusted by the master of a vessel to bring on shore breaks the seal, or in any manner wilfully opens them, he shall on summary conviction be liable to a fine not exceeding twenty pounds.
Duties of officers of custom as to delivery of letters by masters of vessels
29.—(1) An officer of customs shall not allow any inward-bound vessel to report until the declaration required by this Act with respect to postal packets has been made and produced to him, and may refuse to permit bulk to be broken on board such a vessel or entry to be made of any part of her cargo until the postal packets on board the vessel have been delivered as required by this Act, and may search every such vessel for postal packets which may be on board contrary to this Act, and may seize the same and forward them to the nearest post office.
(2) If any officer of customs permits any vessel to report before the requisites of this Act have been complied with, he shall forfeit fifty pounds.
Shipowners letters.
30.—(1) The following letters (in this Act referred to as shipowners’ letters), that is to say, letters of the owners, charterers, or consignees of vessels inward bound, and of the owners, consignees, or shippers of goods on board those vessels, when not exceeding the weights and when complying with the conditions herein-after mentioned, shall—
(a) if required to be delivered at the port of the vessel’s arrival, be delivered to the owners, charterers, consignees, or shippers by the master free of inland postage, and the persons to whom they are to be delivered shall be entitled to the delivery thereof before the delivery of the other letters to the Post Office; and
(b) if delivered elsewhere in the British Islands, be delivered by post on payment of inland postage only,
but subject in either case to the previous payment to the Post Office of the gratuities payable under this Act to masters of vessels bringing the letters.
(2) Provided that—
(a) The letters brought by any one vessel to any one such person shall not collectively exceed six ounces in weight (except in the case of letters brought by vessels coming from Ceylon, the Mauritius, India, or the Cape of Good Hope, into any port of the British Islands for an owner, charterer, or consignee of such a vessel, in which case they may be collectively twenty ounces in weight); and
(b) The owner, charterer, or consignee shall be described as such on the address and superscription; and
(c) In the case of owners, shippers, or consignees of goods, it shall also appear by the ship’s manifest that they have goods on board the vessel.
(3) If any shipowners’ letters are found by an officer of customs to be in excess of the weights herein-before limited by this section, that officer shall seize so many of the letters as will reduce the remainder within the said weights, and shall take them to the nearest post office.
(4) If any person with intent to evade any postage falsely superscribes a letter as being the owner or charterer or consignee of the vessel conveying the letter, or as the owner or the shipper or the consignee of goods shipped on the vessel, he shall for each offence be liable on summary conviction to a fine not exceeding ten pounds.
Gratuities to masters of vessels.
31. Post Office regulations may provide for the allowance to masters of vessels in respect of postal packets, or any description thereof, conveyed by them on behalf of the Post Office, and also to pilots, seamen, and others in respect of postal packets, or any description thereof, brought by them to any post office from any vessels, of such gratuities under such conditions and restrictions as the Postmaster-General may, from time to time, think fit.
Retention of ship letters after delivery of letters to Post Office.
32. If any person, being either the master or one of the officers or crew of a vessel inward bound, or a passenger thereof, knowingly has in his baggage or in his possession or custody any postal packet, except a postal packet not within the privilege of the Postmaster-General, after the master has sent any part of the postal packets on board his vessel to the Post Office, he shall for every such packet be liable on summary conviction to a fine not exceeding five pounds; and, if he detains any such packet after demand made, either by an officer of customs or by any person authorised by the Postmaster-General to demand the postal packets on board the vessel, he shall for every postal packet be liable on summary conviction to a fine not exceeding ten pounds.
Postmaster-General and Officers.
Appointment of Postmaster-General.
33.—(1) Any person from time to time appointed by His Majesty by letters patent shall be the master of the Post Office by the style of His Majesty’s Postmaster-General.
(2) Upon and by virtue of the appointment of any person to be His Majesty’s Postmaster-General the benefit of all contracts, bonds, securities, and things in action, vested in his predecessor at the time of the predecessor ceasing to hold office, shall be transferred to and vested in, and enure for the benefit of, the person so appointed, in the same manner as if he had been contracted with instead of his predecessor, and as if his name had been inserted in all such contracts, bonds, and securities instead of the name of his predecessor.
General powers and rights of Postmaster-General.
34.—(1) The Postmaster-General may establish posts and post offices as he thinks expedient, and may collect, receive, forward, convey, and deliver in such manner as he thinks expedient, all postal packets transmitted within or to or from the British Islands or any British possession, subject nevertheless to the provisions contained in this Act.
(2) Subject to the provisions contained in this Act with respect to British possessions, the Postmaster-General shall, wheresoever within His Majesty’s dominions posts or post communications are for the time being established, have the exclusive privilege of conveying from one place to another all letters, except in the following cases, and shall also have the exclusive privilege of performing all the incidental services of receiving, collecting, sending, despatching, and delivering all letters, except in the following cases (that is to say):—
(a) Letters sent by a private friend in his way, journey, or travel, so as those letters be delivered by that friend to the person to whom they are directed:
(b) Letters sent by a messenger on purpose, concerning the private affairs of the sender or receiver thereof:
(c) Commissions or returns thereof, and affidavits and writs, process or proceedings, or returns thereof, issuing out of a court of justice:
(d) Letters sent out of the British Islands by a private vessel (not being a vessel carrying postal packets under contract):
(e) Letters of merchants, owners of vessels of merchandise, or the cargo or loading therein, sent by those vessels of merchandise or by any person employed by those owners for the carriage of those letters, according to their respective directions, and delivered to the respective persons to whom they are directed, without paying or receiving hire or reward, advantage, or profit for the same in anywise:
(f) Letters concerning goods or merchandise sent by common known carriers, to be delivered with the goods which those letters concern, without hire or reward or other profit or advantage for receiving or delivering those letters:
But nothing herein contained shall authorise any person to make a collection of those excepted letters for the purpose of sending them in the manner hereby authorised.
(3) Subject as aforesaid, the following persons are expressly forbidden to carry a letter, or to receive or collect or deliver a letter, although they do not receive hire or reward for it (that is to say):—
(i) Common known carriers, their servants or agents, except a letter concerning goods in their carts or waggons or on their pack horses, and owners, drivers, or guards of stage coaches:
(ii) Owners, masters, or commanders of ships, vessels, or steam boats, sailing or passing coastwise or otherwise between ports or places within the British Islands, or between, to, or from any ports within His Majesty’s dominions out of the British Islands, or their servants or agents, except in respect of letters of merchants, owners of ships, or goods on board:
(iii) Passengers or other persons on board any such ship, vessel, or steam boat:
(iv) The owners of, or sailors, watermen, or others on board, a ship, vessel, steam boat, or other boat or barge passing or repassing on a river or navigable canal within His Majesty’s dominions.
(4) If any person not authorised by or in pursuance of this Act does any of the following things, namely, sends or causes to be sent, or tenders or delivers in order to be sent, or conveys, or performs any service incidental to conveying, otherwise than by post, any letter not excepted from the exclusive privilege of the Postmaster-General, or makes a collection of those excepted letters for the purpose of conveying or sending them either by post or otherwise, he shall be liable on summary conviction to a fine not exceeding five pounds for every letter.
(5) If any person is in the practice of doing any of the said things, he shall forfeit for every week during which the practice is continued one hundred pounds.
(6) The expression “post” shall in this section include all post communications by land or by water (except by outward-bound vessels not being employed by or under the Post Office or the Admiralty to carry postal packets); and the above fines and forfeitures shall be incurred whether the letter is sent singly or with anything else, or the incidental service is performed in respect to a letter either sent or to be sent singly or together with some other letter or thing; and in any proceeding for the recovery of any such fine and forfeiture it shall lie upon the person proceeded against to prove that the act in respect of which the fine or forfeiture is alleged to have been incurred was done in conformity with this Act.
(7) For the purposes of this section the expression “letter” shall include packet.
Execution of instruments of Postmaster-General.
35.—(1) Any instrument requiring to be executed by the Postmaster-General, or to which he is a party, may be executed by any of the secretaries of the Post Office in the name of the Postmaster-General, and, if so executed, shall be deemed to have been executed by the Postmaster-General, and shall have effect accordingly.
(2) Any instrument purporting to be so executed shall, until the contrary is proved, be deemed to have been duly executed without proof of the official character of the person appearing to have executed it.
Proof of Post Office regulations.
36. The Documentary Evidence Act. 1868, as extended by the Documentary Evidence Act, 1882, shall have effect—
(a) as if the Postmaster-General were mentioned in the first column, and any secretary or assistant secretary of the Post Office were mentioned in the second column, of the schedule to the former Act; and
(b) as if a warrant of the Treasury under this Act were mentioned in the second section of the former Act as well as an order.
Power of deputy of Postmaster-General to give notice, or make claim, distress, &c.
37. Any person having authority in that behalf, either general or special, under the seal of the Postmaster-General, may, on behalf of the Postmaster-General, give any notice or make any claim, demand, entry, or distress, which the Postmaster-General in his corporate capacity or otherwise might give or make, and every such notice, claim, demand, entry, and distress, shall be deemed to have been given and made by the Postmaster-General on behalf of His Majesty.
Exemption of Postmaster-General from stamp duty.
38. Every deed, instrument, money order, bill, cheque, receipt, or other document, made or executed for the purpose of the Post Office by, to, or with, His Majesty or any officer of the Post Office, shall be exempt from any stamp duty imposed by any Act, past or future, except where that duty is declared by the document, or by some memorandum endorsed thereon, to be payable by some person other than the Postmaster-General, and except so far as any future Act specifically charges the duty.
Alienation of Post Office duties by Crown.
39. And to the intent that the inheritance of such part of the hereditary revenue of the Crown arising in and by the General Post Office which is vested in His Majesty may be preserved in the Crown for the future benefit thereof, be it enacted and declared that the same or any part thereof shall not hereafter be alienable, chargeable, or grantable, by His Majesty, his heirs or successors, for any estate, term, or time whatsoever to endure longer than the life of His Majesty, or of such king or queen as shall make the alienation, charge, or grant, and that all gifts, grants, alienations, and assurances whatsoever to be had or made of, and charges upon, the said duties or revenue, or any part thereof, contrary to the provisions of this Act, shall be null and void without any inquisition, scire facias, or other proceeding to determine or make void the same.
Post Office expenses.
45 & 46 Vict. c. 74.
40. Without prejudice to the provisions of the Post Office (Parcels) Act, 1882, all expenses incurred by the Postmaster-General in the execution of this Act or otherwise in the management of the Post Office shall continue to be paid out of moneys provided by Parliament.
Post Office accounts.
41. The Postmaster-General shall cause such accounts to be kept of the Post Office revenue and expenses by such officers and under such regulations as the Treasury direct.
Power to appoint officers.
42. The Postmaster-General may appoint such officers, deputies, agents, and servants as seem to him necessary, and any act authorised or required to be done by, to, or before the Postmaster-General may, subject to any special directions of the Postmaster-General, be done by, to, or before any officer, deputy, servant, and agent so appointed.
Exemption of officers of Post office from certain offices.
43. Notwithstanding anything in any other Act, neither the Postmaster-General nor any officer of the Post Office shall be compelled to serve as a mayor or sheriff, or in any ecclesiastical or corporate or parochial or other public office or employment, or on any jury or inquest, or in the militia.
Surrender of clothing by officer of Post Office on ceasing to be officer.
44.—(1) Where an officer of the Post Office vacates his office (whether by reason of dismissal, resignation, death, or otherwise) he, or if he is dead his personal representative, or the person acting as his personal representative, shall deliver to the Postmaster-General all articles (whether uniform, accoutrements, appointments, or other necessaries) which have been issued to the officer vacating his office for the execution of his duty, and are not the property of that officer, and shall deliver the articles in good order and condition, fair wear and tear only excepted.
(2) If any person fails to comply with the provisions of this section, he shall on summary conviction be liable to a fine not exceeding forty shillings, and also to pay such further sum not exceeding forty shillings as the court may determine to be the value of the articles not delivered, or, if the articles have been delivered but not in good order and condition, of the damage done to the articles.
(3) Any justice of the peace may issue a warrant by virtue of which a constable may search for and seize any articles not delivered as required by this section, in like manner as if they were stolen goods and the warrant were a warrant to search for stolen goods.
Land.
Holding of lands by Postmaster-General.
45.—(1) For the purpose of acquiring and holding land the Postmaster-General for the time being shall continue to be a corporation sole by the name of His Majesty’s Postmaster-General, and by that name shall have perpetual succession and an official seal.
(2) All land vested in the Postmaster-General shall be held in trust for His Majesty for the purpose of the Post Office.
Power of Postmaster-General for purchase of land.
8 & 9 Vict. c. 18.
8 & 9 Vict. c. 19.
18 & 19 Vict. c. 58.
46.—(1) The Postmaster-General, with the consent of the Treasury, may purchase land for the purpose of the Post Office.
(2) With respect to any such purchase of land in the United Kingdom the following provisions shall have effect (that is to say):—
(a) The Lands Clauses Acts shall be incorporated with this Act, except the provisions relating to access to the special Act, and in construing those Acts for the purposes of this section “the special Act” shall be construed to mean this Act, and “the promoters of the undertaking” shall be construed to mean the Postmaster-General, and “land” shall be construed to have the meaning given to it by this Act:
(b) The bond required by section eighty-five of the Lands Clauses Consolidation Act, 1845, and by section eighty-four of the Lands Clauses Consolidation (Scotland) Act, 1845, shall be under the seal of the Postmaster-General, and shall be sufficient without sureties:
(c) The provisions of the incorporated Acts with respect to the purchase of land compulsorily shall not be put in force until the sanction of Parliament has been obtained in manner in this Act mentioned:
(d) Three months at the least before an application is made to Parliament for sanction to the compulsory purchase of land under this Act, the Postmaster-General, with the consent of the Treasury, shall serve a notice on every owner or reputed owner, lessee or reputed lessee, and occupier of any land intended to be so purchased, describing the land intended to be taken, and in general terms the purposes to which it is to be applied, and stating the intention of the Treasury to obtain the sanction of Parliament to the purchase thereof, and inquiring whether the person so served assents or dissents to the taking of his land, and requesting him to forward to the Treasury any objections he may have to his land being taken:
(e) The Treasury shall, at some time after the service of the notice, make a local inquiry by a competent officer into the objections made by any persons whose land is required to be taken, and by other persons, if any, interested in the subject matter of the inquiry:
(f) The Treasury, if satisfied after the inquiry has been made that the land ought to be taken, may submit a Bill to Parliament containing provisions authorising the Postmaster-General to take the land, and any such Bill shall be deemed to be a Public Bill, and, if passed into an Act, to have conveyed the sanction of Parliament to the purchase compulsorily of the land therein mentioned or referred to, and the period for the compulsory purchase shall be three years after the passing of the Act: Provided that, if while the Bill is pending in either House of Parliament a petition is presented against anything comprised therein, the Bill may be referred to a Select Committee and the petitioner shall be allowed to appear and oppose as in the case of Private Bills.
(3) The Chancellor and Council of the Duchy of Lancaster may, if they think fit, agree with the Postmaster-General for the sale of, and absolutely make sale of, for such sum of money as to the said Chancellor and Council appear sufficient consideration for the same, any land belonging to His Majesty in right of the said duchy, which, for the purpose of the Post Office, the Postmaster-General may deem it expedient, with the consent of the Treasury, to purchase, and the land may be assured to the Postmaster-General, and the money shall be paid and dealt with as if the land had been sold under the authority of the Duchy of Lancaster Lands Act, 1855.
(4) For the purposes of this section and the section of this Act the marginal note whereof is “Holding of lands by Postmaster-General” the expression “land” shall include any right or easement in, over, or in respect of land.
Power of Postmaster-General to sell or exchange lands.
47.—(1) The Postmaster-General may, with the consent of the Treasury, sell, exchange, lease, or surrender on any terms, any land for the time being vested in him, and on any such exchange may give or receive any money for equality of exchange; and may sell either by public auction or by private contract, and may make any stipulations, as to title or otherwise, in any conditions of sale or contract for sale or exchange, and may buy in at any auction, and may rescind or vary any contract for sale or exchange, and may re-sell or re-exchange any such land.
(2) On any sale, exchange, lease, or surrender, the Postmaster-General may stipulate for, create, or reserve all such rights or easements as may be deemed proper.
(3) A person dealing with the Postmaster-General in respect of land or rights in or over land, whether as vendor, lessor, purchaser, lessee, or otherwise, shall not be bound or entitled to inquire whether the consent of the Treasury has been given to that dealing, or whether the dealing is in fact authorised by any Act relating to the Post Office.
Extension of Postal Facilities and Accommodation.
Indemnity on account of extending post office accommodations.
48. The Postmaster-General may contract with, or take security from, any person applying to him to establish any post or telegraph office or to extend the accommodations of the postal or telegraphic service to any place, for indemnifying the Postmaster-General against any loss he may sustain thereby, and the indemnity may be either for the whole or any part of the loss sustained, and for such time as the Postmaster-General may think necessary.
Power for local authority to contribute towards new post office or undertake to pay loss on extra postal facilities.
38 & 39 Vict. c. 55.
38 & 39 Vict. c. 55.
56 & 57 Vict. c. 23.
45 & 46 Vict. c. 50.
38 & 39 Vict. c. 55.
60 & 61 Vict. c. 38.
52 & 53 Vict. c. 50.
57 & 53 Vict. c. 58.
41 & 42 Vict. c. 52.
49.—(1) Where the council of any borough or any urban district consider that it would be beneficial to the inhabitants of the borough or district that any new post office should be on a more expensive site, or of a larger size, or of a more ornate building, or otherwise of a more expensive character than the Postmaster-General would otherwise provide, the council may contribute towards the new post office, either by a grant of money, or, with the consent of the Local Government Board, by the appropriation of land belonging to the council, or by the purchase of land for the purpose.
(2) Where the council of any borough or any urban district consider that it would be beneficial to the inhabitants of the borough or district that any post or telegraph office should be established or any additional facilities (postal or other) provided by the Postmaster-General in or for the purposes of the borough or district, the council may undertake to pay to the Postmaster-General any loss he may sustain by reason of the establishment or maintenance of the office or the provision of the facilities.
(3) Where the council of any rural district, or the parish council of a parish, or in the case of a parish not having a parish council the parish meeting, consider that it would be for the benefit, in the case of a rural district council, of any contributory place or places within their district, and in the case of a parish council or parish meeting of their parish, that any post or telegraph office should be established or any additional postal or other facilities provided by the Postmaster-General whether within or without the area to be benefited, that council or meeting may undertake to pay to the Postmaster-General any loss he may sustain by reason of the establishment or maintenance of the office, or the provision of the facilities:
Provided that a rural district council shall not exercise their powers under this provision as respects any office established or facilities provided outside the contributory place proposed to be charged unless the parish council, or if there is no parish council the parish meeting, of any parish wholly or partly situated in the contributory place consent to the exercise of the powers.
(4) Any expenses incurred by the council of a borough under this section may be paid out of the borough fund or borough rate, and any expenses incurred by the council of an urban district (not a borough) may be paid out of the rate out of which the general expenses of the council under the Public Health Act, 1875, are defrayed.
(5) Any expenses incurred by a rural district council in pursuance of an undertaking under this section may be defrayed as special expenses legally incurred in respect of the contributory place or places, and shall be apportioned between those places if more than one, and sections two hundred and twenty-nine, two hundred and thirty, and two hundred and thirty-one of the Public Health Act, 1875, shall apply accordingly.
(6) Any expenses incurred by a parish council or meeting in pursuance of an undertaking under this section shall be defrayed as expenses of that council or meeting, as the case may be, within the provisions of the Local Government Act, 1894.
(7) The council of a borough may borrow for the purposes of subsection (1) of this section under section one hundred and six of the Municipal Corporations Act, 1882, and any enactment amending the same, and the council of an urban district (not a borough) may borrow for the purposes of the same subsection in like manner as if those purposes were purposes of the Public Health Act, 1875, and the provisions of that Act with respect to borrowing shall apply accordingly.
(8) In the application of this section to Scotland the following exceptions and modifications shall have effect:—
(a) Subsection (2) shall not apply to Scotland, and the powers under subsection (3) shall be limited to the establishment of offices and the provision of facilities within the place to be benefited:
(b) The Local Government Board for Scotland shall be substituted for the Local Government Board:
(c) The local Authority under the Public Health (Scotland) Act, 1897, being a town council or burgh commissioners, or board of police, shall be substituted for the council of a borough or other urban authority, and the district of that authority for a borough or urban district:
(d) Any expenses incurred under subsection (1) of this section may be paid as expenses under the Public Health (Scotland) Act, 1897, are paid, and money may be borrowed for the purposes of the said subsection in the same manner and subject to the same conditions as money may be borrowed for the erection of hospitals under that Act and any Acts amending the same:
(e) The district committee, or where a county has not been divided into districts under the Local Government (Scotland) Act, 1889, the county council, as constituted under subsection (3) of section seventy-eight of the last-mentioned Act as amended by section nineteen (7) of the Local Government (Scotland) Act, 1894, shall be substituted for the council of a rural district, and the district of that committee or the county shall be substituted for the rural district, and a parish for a contributory place:
(f) Any expenses incurred by a district committee or county council by reason of an undertaking under subsection (3) of this section shall be defrayed as part of the general expenses of such district committee or county council, as the case may be, under the Public Health (Scotland) Act, 1897, but the assessment for those expenses shall be levied only within the parish or parishes in respect of which the expenses are incurred:
(g) Any expenses incurred by a parish council in pursuance of an undertaking under subsection (3) of this section shall be defrayed as expenses incurred for the purposes of Part IV. of the Local Government (Scotland) Act, 1894:
(9) In the application of this section to Ireland the following exceptions and modifications shall have effect:—
(a) The provisions of subsection (3) as to the powers of parish councils and parish meetings shall not apply to Ireland, and the powers under that subsection of a rural district council shall be limited to the establishment of offices and the provision of facilities within the place to be benefited:
(b) The Local Government Board for Ireland shall be substituted for the Local Government Board:
(c) The Public Health (Ireland) Act, 1878, shall be substituted for the Public Health Act, 1875, and sections two hundred and thirty-two and two hundred and thirty-three of the Public Health (Ireland) Act, 1878, shall be substituted for sections two hundred and twenty-nine, two hundred and thirty, and two hundred and thirty-one of the Public Health Act, 1875:
(10) This section shall not apply to the Channel Islands.
(11) In the application of this section to the Isle of Man the following exceptions and modifications shall have effect:—
(a) None of the foregoing provisions of this section, with the exception of subsection (1), shall apply to the Isle of Man:
(b) The Local Government Board of that Isle shall be substituted for the Local Government Board:
(c) A local government district shall be substituted for a borough or urban district, and the commissioners or council of a local government district for the council of a borough or urban district:
(d) Any expenses incurred under subsection (1) of this section may be paid as expenses of the commissioners out of the district fund, and any money may be borrowed for the purposes of this section in the same manner and subject to the same conditions as if those purposes were purposes of the Local Government Act, 1886, being an Act of the legislature of the said Isle.
Post Office Offences.
Stealing mail bag or postal packet.
50. If any person—
(a) steals a mail bag; or
(b) steals from a mail bag, or from a post office, or from an officer of the Post Office, or from a mail, any postal packet in course of transmission by post; or
(c) steals any chattel or money or valuable security out of a postal packet in course of transmission by post; or
(d) stops a mail with intent to rob or search the mail;
he shall be guilty of felony, and on conviction shall be liable, at the discretion of the court, to penal servitude for life or any term not less than three years, or to imprisonment, with or without hard labour, for any term not exceeding two years.
Unlawfully taking away or opening mail bag sent by vessel employed under Post Office.
51. If any person unlawfully takes away or opens a mail bag sent by any vessel employed by or under the Post Office for the transmission of postal packets under contract, or unlawfully takes a postal packet in course of transmission by post out of a mail bag so sent, he shall be guilty of felony, and on conviction shall be liable, at the discretion of the court, to penal servitude for any term not exceeding fourteen years or not less than three years, or to imprisonment, with or without hard labour, for any term not exceeding two years.
Receiver of stolen mail bag or postal packet.
52. If any person receives any mail bag, or any postal packet or any chattel or money or valuable security, the stealing or taking, or embezzling, or secreting whereof amounts to a felony under this Act, knowing the same to have been so feloniously stolen, taken, embezzled, or secreted, and to have been sent, or to have been intended to be sent by post, he shall be guilty of felony, and shall on conviction be liable to the same punishment as if he had stolen, taken, embezzled, or secreted the same, and may be indicted and convicted, whether the principal offender has or has not been previously convicted, or is or is not amenable to justice.
Fraudulent retention of mail bag or postal packet.
53. If any person fraudulently retains, or wilfully secretes or keeps, or detains, or, when required by an officer of the Post Office, neglects or refuses to deliver up—
(a) any postal packet which is in course of transmission by post and which ought to have been delivered to any other person; or
(b) any postal packet in course of transmission by post or any mail bag which shall have been found by him or by any other person,
he shall be guilty of a misdemeanour, and be liable on conviction on indictment to a fine and to imprisonment with or without hard labour.
Criminal diversion of letters from addressee.
54.—(1) If any person not in the employment of the Postmaster-General wilfully and maliciously, with intent to injure any other person, either opens or causes to be opened any letter which ought to have been delivered to that other person, or does any act or thing whereby the due delivery of the letter to that other person is prevented or impeded, he shall be guilty of a misdemeanour, and be liable to a fine not exceeding fifty pounds, or to imprisonment, with or without hard labour, for any term not exceeding six months.
(2) Nothing in this section shall apply to a person who does any act to which this section applies where he is parent, or in the position of parent or guardian, of the person to whom the letter is addressed.
(3) A prosecution shall not be instituted in pursuance of this section except by the direction or with the consent of the Postmaster-General.
(4) A letter in this section means a postal packet in course of transmission, by post and any other letter which has been delivered by post.
Stealing, embezzlement, destruction, &c. by officer of Post Office of postal packet.
55. If any officer of the Post Office steals, or for any purposes whatever embezzles, secretes, or destroys a postal packet in course of transmission by post, he shall be guilty of felony, and shall on conviction be liable, at the discretion of the court, to imprisonment for any term not exceeding two years, with or without hard labour, or to penal servitude for a term not less than three years and not exceeding seven years, or, if the postal packet contains any chattel or money, or valuable security, to imprisonment for any term not exceeding two years with or without hard labour, or to penal servitude for life or any term not less than three years.
Opening or de laying postal packets.
56.—(1) If any officer of the Post Office, contrary to his duty, opens or procures or suffers to be opened any postal packet in course of transmission by post, or wilfully detains or delays, or procures or suffers to be detained or delayed, any such postal packet, he shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to imprisonment with or without hard labour, or to a fine, or to both such imprisonment and fine.
(2) Provided that nothing in this section shall extend to the opening, detaining, or delaying of a postal packet returned for want of a true direction, or returned by reason that the person to whom the same is directed is dead or cannot be found, or shall have refused the same, or shall have refused or neglected to pay the postage thereof, or to the opening or detaining or delaying of a postal packet under the authority of this Act or in obedience to an express warrant in writing under the hand of a Secretary of State: Provided that the warrant in Scotland may be either under the hand of a Secretary of State or of the Secretary for Scotland, in Ireland shall be under the hand and seal of the Lord Lieutenant, and in the Isle of Man shall be under the hand of the Governor issued with the sanction of a Secretary of State.
Carelessness, negligence, or misconduct of persons employed in carrying or delivering mail bags, postal packets, &c.
57. If any person employed to convey or deliver a mail bag, or a postal packet in course of transmission by post—
(a) whilst so employed, or, whilst the mail bag or postal packet is in his custody or possession, leaves it, or suffers any person, not being the guard or person employed for that purpose, to ride in the place appointed for the guard in or upon any carriage used for the conveyance of it, or to ride in or upon a carriage so used and not licensed to carry passengers, or upon a horse used for the conveyance on horse-back of it; or
(b) is guilty of any act of drunkenness whilst so employed; or
(c) is guilty of carelessness, negligence, or other misconduct, whereby the safety of the mail bag or postal packet is endangered; or
(d) without authority collects or receives or conveys or delivers a postal packet otherwise than in the ordinary course of post; or
(e) gives any false information of an assault or attempt at robbery upon him; or
(f) loiters on the road or passage, or wilfully mis-spends his time so as to retard the progress or delay the arrival of a mail bag or postal packet in the course of transmission by post, or does not use due care and diligence safely to convey a mail bag or postal packet at the due rate of speed,
he shall, on summary conviction, be liable to a fine not exceeding twenty pounds.
Issuing money orders with fraudulent intent.
58.—(1) If any officer of the Post Office grants or issues any money order with a fraudulent intent, he shall be guilty of felony, and be liable, at the discretion of the court, to penal servitude for a term not exceeding seven and not less than three years, or to imprisonment, with or without hard labour, for any term not exceeding two years.
(2) If any officer of the Post Office re-issues a money order previously paid, he shall be deemed to have issued the order with a fraudulent intent under this section.
Forgery and stealing of money order.
24 & 25 Vict. c. 98.
24 & 25 Vict. c. 96.
59.—(1) A money order shall be deemed to be an order for the payment of money and a valuable security within the meaning of this Act and of the Forgery Act, 1861, and of the Larceny Act, 1861, and of any other law relating to forgery or stealing which is for the time being in force in any part of the British Islands.
(2) If any person, with intent to defraud, obliterates, adds to, or alters any such lines or words on a money order as would, in the case of a cheque, be a crossing of that cheque, or knowingly offers, utters, or disposes of any money order with such fraudulent obliteration, addition, or alteration, he shall be guilty of felony, and be liable to the like punishment as if the order were a cheque.
Punishment of offences in relation to postal orders, and the poundage thereon.
60. The provisions of law respecting the punishment of offences connected with stamp duties (including the provisions relating to paper and implements used in the manufacture of that paper, and to the punishing of fraud) shall apply in like manner as if any poundage or commission chargeable for a postal order were stamp duty, and as if the paper used for postal orders were paper provided by the Commissioners of Inland Revenue for receiving the impression of a die, and in the Isle of Man and Channel Islands as if those provisions extended to those islands.
Prohibition of placing injurious substances in or against post office letter boxes.
61.—(1) A person shall not place or attempt to place in or against any post office letter box any fire, any match, any light, any explosive substance, any dangerous substance, any filth, any noxious or deleterious substance, or any fluid, and shall not commit a nuisance in or against any post office letter box, and shall not do or attempt to do anything likely to injure the box, appurtenances, or contents.
(2) If any person acts in contravention of this section, he shall be guilty of a misdemeanour, and be liable on summary conviction to a fine not exceeding ten pounds, and on conviction on indictment to imprisonment, with or without hard labour, for a period not exceeding twelve months.
Prohibition of affixing placards, notices, &c. on post office letter box, &c.
62.—(1) A person shall not, without due authority, affix or attempt to affix any placard, advertisement, notice, list, document, board, or thing, in or on, or paint or tar, any post office, post office letter box, telegraph post, or other property belonging to or used by or on behalf of the Postmaster-General, and shall not in any way disfigure any such office, box, post, or property.
(2) If any person acts in contravention of this section, he shall be liable on summary conviction to a fine not exceeding forty shillings.
Prohibition of sending by post explosive, inflammable, or deleterious substances, or indecent prints, words, &c.
63.—(1) A person shall not send or attempt to send a postal packet which either—
(a) encloses any explosive substance, any dangerous substance, any filth, any noxious or deleterious substance, any sharp instrument not properly protected, any living creature which is either noxious or likely to injure other postal packets in course of conveyance or an officer of the Post Office, or any article or thing whatsoever which is likely to injure either other postal packets in course of conveyance or an officer of the Post Office; or
(b) encloses any indecent or obscene print, painting, photograph, lithograph, engraving, book, or card, or any indecent or obscene article, whether similar to the above or not; or
(c) has on the packet, or on the cover thereof, any words, marks, or designs of an indecent, obscene, or grossly offensive character.
(2) If any person acts in contravention of this section, he shall be guilty of a misdemeanour, and shall be liable on summary conviction to a fine not exceeding ten pounds, and on conviction on indictment to imprisonment, with or without hard labour, for a term not exceeding twelve months.
(3) The detention in the Post Office of any postal packet on the ground of its being in contravention of this section shall not exempt the sender thereof from any proceedings which might have been taken if the packet had been delivered in due course of post.
Prohibition of imitation of post office stamps, envelopes, forms, and marks.
64.—(1) A person shall not without due authority—
(a) make, issue, or send by post or otherwise any envelope, wrapper, card, form, or paper in imitation of one issued by or under the authority of the Postmaster-General, or of any foreign or colonial postal authority, or having thereon any words, letters, or marks which signify or imply or may reasonably lead the recipient to believe that a postal packet bearing them is sent on His Majesty’s service; or
(b) make on any envelope, wrapper, card, form, or paper for the purpose of being issued or sent by post or otherwise, or otherwise used, any mark in imitation of or similar to or purporting to be any stamp or mark of any post office under the Postmaster-General, or under any foreign or colonial postal authority, or any words, letters, or marks which signify or imply, or may reasonably lead the recipient thereof to believe, that a postal packet bearing them is sent on His Majesty’s service; or
(c) issue or send by post or otherwise any envelope, wrapper, card, form, or paper so marked.
(2) If any person acts in contravention of this section he shall be liable on summary conviction to a fine not exceeding forty shillings.
Prohibition of fictitious stamps.
65.—(1) A person shall not—
(a) make, knowingly utter, deal in, or sell any fictitious stamp, or knowingly use for any postal purpose any fictitious stamp; or
(b) have in his possession, unless he shows a lawful excuse, any fictitious stamp; or
(c) make, or, unless he shows a lawful excuse, have in his possession, any die, plate, instrument, or materials for making any fictitious stamp.
(2) If any person acts in contravention of this section, he shall be liable on summary conviction on a prosecution by order of the Commissioners of Inland Revenue to a fine not exceeding twenty pounds, subject to the like right of appeal as in the case of a penalty under the Acts relating to the Excise.
(3) Any stamp, die, plate, instrument, or materials found in the possession of any person in contravention of this section may be seized and shall be forfeited.
(4) For the purposes of this section “fictitious stamp” means any facsimile or imitation or representation, whether on paper or otherwise, of any stamp for denoting any rate of postage, including any stamp for denoting a rate of postage of any British possession, or of any foreign country.
Prohibition of false notice as to reception of letters.
66.—(1) A person shall not, without authority from the Postmaster-General, place or maintain in or on any house, wall, door, window, box, post, pillar, or other place, belonging to him or under his control, any of the words, letters, or marks following (that is to say)—
(a) the words “post office” or “postal telegraph office”; or
(b) the words “letter box,” accompanied with words, letters, or marks, which signify or imply or may reasonably lead the public to believe that it is a post office letter box; or
(c) any words, letters, or marks which signify or imply or may reasonably lead the public to believe that any house or place is a post office, or that any box is a post office letter box;
and every person, when required by a notice given by the Postmaster-General to remove or efface any such words, letters, or marks as aforesaid, or to remove or effectually close up any letter box belonging to him or under his control which has been a post office letter box, shall comply with the request.
(2) If any person acts in contravention of this section, he shall be liable on summary conviction to a fine not exceeding forty shillings, and, if the offence is continued after a previous conviction, to a fine not exceeding five shillings for every day during which the offence so continues.
Obstruction of officers of Post Office.
67.—(1) If any person wilfully obstructs, or incites anyone to obstruct, an officer of the Post Office in the execution of his duty, or whilst in any post office, or within any premises belonging to any post office or used therewith, obstructs the course of business of the Post Office, he shall be liable on summary conviction to a fine not exceeding forty shillings.
(2) Any officer of the Post Office may require any person guilty of any offence under this section, to leave a post office or any such premises as aforesaid, and, if the person so required refuses or fails to comply with the requirement, he shall be liable on summary conviction to a further fine not exceeding five pounds, and may be removed by any officer of the Post Office, and all constables are required on demand to remove or assist in removing every such person.
Provision against obstruction in neighbourhood of General Post Offices in London and Dublin.
68.—(1) A hackney carriage shall not stand or ply for hire opposite the General Post Office in London or the General Post Office in Sackville Street, Dublin, or any part thereof respectively, and, if any driver or person having the management of any hackney carriage, permits the same to stand or ply for hire opposite either of the said Post Offices, he shall be liable on summary conviction to a fine not exceeding five pounds.
(2) For the purposes of this provision, every carriage with two or more wheels, whatever may be its form or construction, or the number of persons which it is calculated to convey, or the number of horses by which it is drawn, shall be a hackney carriage within the meaning of this Act, and in all proceedings at law or otherwise, and upon all occasions whatsoever, it shall be sufficient to describe it by the term hackney carriage.
(3) If any hawker, newsvendor, or idle or disorderly person stops or loiters on the flagway or pavement opposite the General Post Office in London or in Sackville Street, Dublin, or any part thereof respectively, he shall be liable on summary conviction to a fine not exceeding five pounds.
Endeavouring to procure the commission of any felony or misdemeanour.
69. If any person solicits or endeavours to procure any other person to commit an offence punishable on indictment under this Act, he shall be guilty of a misdemeanour, and shall on conviction be liable at the discretion of the court to imprisonment, with or without hard labour, for any term not exceeding two years.
Legal Proceedings.
Recovery of fines and forfeitures.
70.—(1) A fine or forfeiture imposed by this Act, whether declared to be recoverable on summary conviction or not, may be recovered with costs by any person who sues for the same in the High Court or the Court of Session, and that person may sue for the maximum amount of the fine or forfeiture, but shall be entitled to recover only such sum as may be awarded by the court.
(2) A proceeding in the High Court or Court of Session for the recovery of any fine or forfeiture incurred by any person under this Act shall be commenced within one year next after the fine or forfeiture was incurred.
(3) Any fine or forfeiture incurred under this Act may be recovered in any place outside the United Kingdom before any court or magistrate before whom like fines or forfeitures are ordinarily recovered, or in such other manner as may be determined by any Act or ordinance having the force of law in that place.
Summary proceedings.
14 & 15 Vict. c. 93.
71.—(1) All offences under this Act which are punishable on summary conviction may be prosecuted, and all fines or forfeitures under this Act which are recoverable on summary conviction may be recovered, as follows (that is to say):—
(a) In the United Kingdom in manner provided by the Summary Jurisdiction Acts; and
(b) In the Isle of Man before a high bailiff or two justices of the peace at the instance of an officer of the Post Office or of a constable in accordance with the law for the time being in force for regulating the exercise of summary jurisdiction by such bailiffs or justices; and
(c) Elsewhere before the court and in the manner provided by law, and, if no provision is otherwise made by law, then at the instance of any officer of the Post Office before the court, and in the manner, before and in which the like offences and fines can be prosecuted and recovered.
(2) If any person convicted on summary conviction is aggrieved by the conviction, he may appeal against the conviction, in England to a court of quarter sessions in accordance with the provisions of the Summary Jurisdiction Acts, and in Scotland and Ireland in manner provided by those Acts.
(3) If any person aids, abets, counsels, or procures the commission of any offence which is by this Act punishable on summary conviction, he shall, on summary conviction within the Dublin metropolitan police district, be liable to the same forfeiture and punishment as the principal offender.
(4) Where any sum is, under this Act, recoverable summarily as a civil debt, that sum shall be recovered in manner provided by the Summary Jurisdiction Acts, and any order for the recovery of such a sum may be enforced in Ireland in like manner as an order in a case of a civil nature under the Petty Sessions (Ireland) Act, 1851.
Venue.
72.—(1) An offence against this Act may be tried either in the county or place in which it was actually committed, or in any county or place in which the alleged offender is apprehended or is in custody, or (where the offence is in respect of a mail, mail bag, postal packet, or money order, or any chattel, money, or valuable security sent by post) in any county or place through which or any part thereof the mail, mail bag, postal packet, money order, chattel, money, or security passed in due course of conveyance by post, and an offence, if committed in Scotland, may also be tried at any sitting of the High Court of Justiciary.
(2) Where the offence is committed on any highway, harbour, canal, river, arm of the sea, or other water, constituting the boundary of two or more counties or places, it may be tried in any of the said counties or places.
(3) The offence of being accessory to or of aiding or abetting an offence against this Act may be tried in any county or place in which the last-mentioned offence may be tried.
Provisions as to form of proceedings.
73.—(1) In any indictment or legal proceeding for any offence committed or attempted to be committed, or any malicious, injurious, or fraudulent act or thing done in, upon, or with respect to, the Post Office or the Post Office revenue, or any mail bag, postal packet, money order, or any chattel, money, or valuable security, sent by post, or in anywise concerning any property under the management or control of the Postmaster-General, it shall be sufficient to allege the property to belong to His Majesty’s Postmaster-General, and to allege any such act or thing to have been done with intent to injure or defraud His Majesty’s Postmaster-General, without in either case naming the person who is Postmaster-General, and it shall not be necessary to allege or to prove upon the trial or otherwise that the mail bag, postal packet, money order, chattel, money, security, or property was of any value.
(2) In any indictment or legal proceeding against any officer of the Post Office for any offence committed against this Act, it shall be sufficient to allege that the alleged offender was an officer of the Post Office at the time of the committing of the offence, without stating further the nature or particulars of his employment.
Evidence of thing being postal packet.
74. On the prosecution of any offence under this Act, whether on summary conviction or on indictment, evidence that any article is in the course of transmission by post, or has been accepted on behalf of the Postmaster-General for transmission by post, shall be sufficient evidence that the article is a postal packet.
Application of fines.
54 & 55 Vict. c. 24
75. All fines, forfeitures, and other sums recovered in respect of an offence under this Act shall, notwithstanding anything in any other Act, be paid into the Exchequer unless applied as an appropriation in aid under section two of the Public Accounts and Charges Act, 1891.
Power to compound actions.
76. The Postmaster-General may compromise and compound any legal proceeding, which is commenced by his authority or under his control, against any person for recovering any fine or forfeiture incurred under this Act, on such terms and conditions as the Postmaster-General in his absolute discretion thinks proper, with full power for him, or any of his officers or agents authorised by him for the purpose, to accept any fine or forfeiture so incurred or alleged to be incurred, or any part thereof, without any legal proceeding for recovery thereof.
Saving clause as to liability.
77. When proceedings are taken before any court against a person in respect of an offence under this Act, which is also an offence punishable at common law, or under some Act other than this Act, the court may direct that instead of those proceedings being continued, proceedings shall be taken for punishing that person at common law, or under some Act other than this Act.
Recovery of sums from officers of Post Office.
78.—(1) When any sum not exceeding twenty pounds is due from any officer of the Post Office or from his sureties in respect of moneys received in the discharge of his duty, it may be recovered in the United Kingdom summarily as a civil debt, and any such sum of whatever amount may be recovered in the Channel Islands and the Isle of Man as a debt due to the Crown.
(2) When any such sum does not exceed fifty pounds it may be recovered in Ireland, without prejudice to any other mode of recovery, in the civil bill court.
Exemption from Tolls.
Exemption from toll.
79.—(1) No person shall demand any toll on the passing of any carriage or horse conveying mail bags at places where tolls are otherwise demandable.
(2) If any toll collector or receiver, or other person employed to receive the tolls or rates at a gate or bar erected upon a highway, bridge, or post road, demands toll for any mail or any person, horse, or carriage, going for or employed to go for any mail bag, or does not permit any such mail, person, horse, or carriage, to pass without delay, or wilfully delays or obstructs any such mail, person, horse, or carriage at or in passing a gate or bar, he shall for each offence be liable on summary conviction to a fine not exceeding five pounds.
(3) If any ferryman, or other person employed to receive the tolls at a ferry, demands any toll for any mail, or does not, within fifteen minutes after demand made, convey the mail (if it be possible or safe to do so) across the ferry to the usual landing-place, he shall for each offence be liable on summary conviction to a fine not exceeding five pounds.
(4) All tolls leviable in Scotland or Ireland in respect of mails shall be accounted for and paid by the Postmaster-General out of moneys provided by Parliament.
Post Offices and Letter Boxes.
Notices in post offices.
41 & 42 Vict. c. 26.
80. Notwithstanding anything in section nine of the Parliamentary and Municipal Registration Act, 1878, a notice or list to which that section applies, shall not be affixed in or on any post office or any place or property belonging to or used by or on behalf of the Postmaster-General, without authority from the Postmaster-General; and, where the Postmaster-General is of opinion that any such notice or list cannot be so affixed without obstruction or inconvenience to the business of the post office, he may refuse that authority.
Regulation as to Post Office letter boxes.
81.—(1) Where it appears to the Postmaster-General that any post office letter box, by reason of being on the premises of any private person or otherwise, is so situate as not to afford the same security against the improper removal of postal packets therefrom or other fraud as exists in the case of other post office letter boxes, he may declare that that post office letter box shall be a private posting box, and shall affix upon or near the box a notice of its being and of the effect of its being a private posting box, and a postal packet put into that box shall not for the purpose of any enactment, law, or contract, whereby the due posting of a postal packet is evidence of the receipt thereof by the addressee, be deemed to have been duly posted.
(2) A certificate purporting to be signed by the Postmaster-General or any secretary or assistant secretary of the Post Office, and to the effect that any box or receptacle is or was provided by the permission or under the authority of the Postmaster-General for the purpose of receiving postal packets or any of them, shall in any legal proceedings be evidence of the facts stated in the certificate.
Regulations and Warrants.
Regulations and warrants.
82.—(1) The Treasury may, by warrant, on the representation of the Postmaster-General, make regulations with respect to any matter which is authorised or required by this Act to be effected by Post Office regulations.
(2) All Post Office regulations shall be laid as soon as may be before both Houses of Parliament, and a notice of the regulations having been made, and of the place where copies of them can be purchased, shall be published in the London Gazette.
Signature of Treasury warrants, consents, &c.
12 & 13 Vict. c. 89.
83. Any warrant of the Treasury under this Act may be signified in manner provided by the Treasury Instruments (Signature) Act, 1849, and any order, consent, authority, or direction of the Treasury (not being a warrant) under this Act may be signified either in manner provided by that Act or under the hand of one of their secretaries or assistant secretaries
Extent of Act.
Application of Act to British possessions.
84. Where there is in any British possession a post established by the Postmaster-General this Act shall apply to that possession in like manner as it applies to the United Kingdom, subject to such modification, if any, as may be made by His Majesty by Order in Council, or as may be made by any enactment of the legislature of the possession.
Power of legislature of British possession to establish posts.
85.—(1) The legislature of any British possession may by any enactment make such provision as may seem fit for the establishment, maintenance, and regulation, of posts within the possession, and for charging rates of postage, and for appropriating the revenue derived therefrom.
(2) Provided that, where there is in the possession any post established by the Postmaster-General, the enactment shall not come into operation until His Majesty’s consent thereto given by Order in Council is declared in the possession, or until such later date as may be fixed by the Order in Council.
Cesser of powers of Postmaster-General in British possession.
86. Where the legislature of a British possession has passed any enactment for establishing, maintaining, and regulating posts in the possession, the powers and privileges of the Treasury and the Postmaster-General in relation to posts within the possession shall cease after the date at which the enactment comes into operation.
Arrangements with British possessions and foreign countries as to money orders.
87. Where an arrangement is made with the Government of any British possession, or with the Government, or with any person on behalf, of a foreign State or British protectorate for the transmission of small sums through the post offices of the British Islands and the British possession, foreign State, or British protectorate by means of money orders of a like character to postal orders, the provisions of this Act with respect to postal orders shall, so far as is consistent with the tenor thereof, and subject to any modifications prescribed by Post Office regulations, apply in like manner as if an order issued in pursuance of the arrangement, whether by an officer of the Post Office or by an officer of a British possession, foreign State, or British protectorate, were a postal order within the meaning of those provisions, and such portions of those provisions as enact punishments shall apply accordingly.
Provided that—
(a) Any Post Office regulations in relation to any money orders issued in pursuance of any such arrangement as aforesaid may differ from the regulations respecting any other money orders; and
(b) Any money orders issued in pursuance of any such arrangement as aforesaid may be of such amount not exceeding the maximum amount fixed by this Act for postal orders, and in such form and subject to such conditions respecting poundage, commission, the periods during which they are payable, and other matters, as may be prescribed by Post Office regulations.
Channel Islands and Isle of Man.
88. This Act shall extend to the Isle of Man and to the Channel Islands, and the Royal Courts of the Channel Islands shall register this Act accordingly.
Definitions, Construction, Commencement, Repeal, Short Title.
Definitions.
32 & 33 Vict. c. 73.
24 & 25 Vict. c. 96.
89. In this Act, unless the context otherwise requires,—
The expression “British possession” does not include the Channel Islands or the Isle of Man:
The expression “postage” means the duty chargeable for the transmission of postal packets:
The expression “inland,” when used in relation to any postal packet or any description thereof, means in the case of the British Islands posted within the British Islands, and addressed to some place in the British Islands, and in the case of a British possession posted within that possession and addressed to some place in it, and where used in relation to postage means the postage charged on the packet:
The expression “inward bound” when used in relation to any vessel shall include vessels bound as well to any port in the British Islands as to any port in a British possession:
The expression “outward bound” when used in relation to any vessel shall include vessels bound as well from any port in the United Kingdom as from any port in a British possession:
The expression “master of a vessel” includes every person (except a pilot) having command or charge of a vessel, whether the vessel is a ship of war or other vessel:
The expression “mail” includes every conveyance by which postal packets are carried, whether it be a carriage, coach, cart, horse, or any other conveyance, and also a person employed in conveying or delivering postal packets, and also any vessel employed by or under the Post Office for the transmission of postal packets by contract or otherwise in respect of postal packets transmitted by the vessel:
The expression “mail bag” includes a bag, box, parcel, or any other envelope or covering in which postal packets in course of transmission by post are conveyed, whether it does or does not contain any such packets:
The expression “postal packet” means a letter, post card, reply post card, newspaper, book packet, pattern or sample packet, or parcel, and every packet or article transmissible by post, and includes a telegram:
The expression “officer of the Post Office” includes the Postmaster-General, and any person employed in any business of the Post Office, whether employed by the Postmaster-General, or by any person under him or on behalf of the Post Office:
The expression “post office” includes any house, building, room, carriage, or place used for the purpose of the Post Office, and any post office letter box:
The expression “post office letter box” includes any pillar box, wall box, or other box or receptacle provided by the permission or under the authority of the Postmaster-General for the purpose of receiving postal packets, or any of them, for transmission by or under the authority of the Postmaster-General:
The expression “telegraph post” means a post, pole, standard, stay, strut, or other above-ground contrivance for carrying, suspending, or supporting a telegraph as defined by the Telegraph Act, 1869:
The expression “indictment” includes an information:
The expression “misdemeanour” means as regards the Channel Islands a crime and offence:
The expression “valuable security” has the same meaning as in the Larceny Act, 1861, and includes anything which is a valuable security within the meaning of that Act, and any part of such thing:
The expression “the purpose of the Post Office” means any purpose of any of the Post Office Acts or of any Acts for the time being in force relating to Post Office money orders, Post Office telegraphs, or Post Office savings banks, and includes any purpose relating to or in connection with the execution of the duties for the time being undertaken by the Postmaster-General or any of his officers:
The expression “Post Office regulations” means regulations for the time being in force made under this Act by warrant of the Treasury, whether made upon the recommendation of the Postmaster-General or otherwise.
Meaning of “in course of transmission by post” and “delivery to or from a post office.”
90. For the purposes of this Act—
(a) A postal packet shall be deemed to be in course of transmission by post from the time of its being delivered to a post office to the time of its being delivered to the person to whom it is addressed; and
(b) The delivery of a postal packet of any description to a letter carrier or other person authorised to receive postal packets of that description for the post shall be a delivery to a post office; and
(c) The delivery of a postal packet at the house or office of the person to whom the packet is addressed, or to him or to his servant or agent or other person considered to be authorised to receive the packet, according to the usual manner of delivering that person’s postal packets, shall be a delivery to the person addressed.
Construction of reference to Post Office Acts.
91.—(1) Any reference contained in any enactment, warrant, deed, or document referring to the Post Office Acts, or any of them, or to the Post Office laws, shall be construed, so far as the context permits, as a reference to this Act, and any fines, penalties, and other sums directed to be recovered under the Post Office Acts, or any of them, or the Post Office laws may be recovered in like manner as fines and forfeitures under this Act may be recovered; and any reference in any enactment to an indictable offence under the Post Office laws shall be construed, so far as the context permits, as a reference to any offence punishable on indictment under this Act, whether it is or is not also punishable on summary conviction.
(2) Where by reason of any Act being declared to be a Post Office Act or its provisions to be Post Office laws any enactment repealed by this Act is applied for any purpose, the corresponding provisions of this Act shall apply in like manner.
(3) A reference in any enactment other than this Act to a post letter shall be construed to refer to a postal packet within the meaning of this Act.
Repeal of Acts in schedule.
92. The Acts specified in the Second Schedule to this Act are hereby repealed from and after the commencement of this Act to the extent specified in the third column of that schedule:
Provided that—
(a) Any letters patent granted, warrant made, or other instrument issued, or post established in pursuance of any enactment hereby repealed, shall continue in force as if it had been granted, made, issued, or established in pursuance of this Act:
(b) Any officer appointed under any enactment hereby repealed shall continue and be deemed to have been appointed under this Act:
(c) This repeal shall not affect any Act or Ordinance of the Channel Islands or Isle of Man or of any British possession in force at the commencement of this Act:
(d) A warrant under this Act may, subject to the limitations in this Act contained, revoke and alter any existing rate of postage or other sums and any existing warrant and regulation made under any of the Acts repealed by this Act, but, so far as not so revoked or altered, any existing rate of postage or sum may continue to be charged, and any such existing warrant or regulation shall continue in force in like manner as if it had been made in pursuance of this Act.
Commencement of Act.
93. This Act shall come into operation on the first day of May one thousand nine hundred and nine.
Short title.
94. This Act may be cited as the Post Office Act, 1908.
SCHEDULES.
FIRST SCHEDULE.
Section 27 .
Declaration by Master of Vessel.
Declaration to be made by masters.
I, A.B., master of the [state the name of the ship or vessel], arriving from [state the place], do, as required by law, solemnly declare that I have, to the best of my knowledge and belief, delivered or caused to be delivered to the Post Office every mail bag, package, postal packet, or parcel of postal packets that was on board the [state the name of the ship], except such packets as are exempted by law.
SECOND SCHEDULE.
Acts repealed.
Section 92 .
Session and Chapter.
Title or Short Title.
Extent of Repeal.
9 Anne c. 11 –
The Post Office (Revenues) Act, 1710.
So much as is unrepealed.
7 Will. 4. and 1 Vict. c. 32.
The Post Office (Repeal of Laws) Act, 1837.
The whole Act.
7 Will. 4. and 1 Vict. c. 33.
The Post Office Management Act, 1837.
The whole Act.
7 Will. 4. and 1 Vict. c. 36.
The Post Office (Offences) Act, 1837.
The whole Act.
3 & 4 Vict. c. 96.
The Post Office (Duties) Act, 1840.
The whole Act.
7 & 8 Vict. c. 49.
The Post Office (Duties) Act, 1844.
The whole Act.
10 & 11 Vict. c. 85.
The Post Office (Duties) Act, 1847.
The whole Act, except sections sixteen and twenty.
Section twenty from “and the following” to “eighth year of the reign of Her present Majesty.”
11 & 12 Vict. c. 88.
The Post Office (Money Orders) Act, 1848.
The whole Act.
12 & 13 Vict. c. 66.
The Colonial Inland Post Office Act, 1849.
The whole Act.
17 & 18 Vict. c. 94.
The Public Revenue and Consolidated Fund Charges Act, 1854.
So much as relates to charges or payments charged upon the Post Office Revenue.
18 & 19 Vict. c. 78.
The Inland Revenue Act, 1855.
Section four.
23 & 24 Vict. c. 65.
The Post Office (Duties) Act, 1860.
The whole Act.
26 & 27 Vict. c. 43.
The Post Office Lands Act, 1863.
The whole Act.
32 & 33 Vict. c. 73.
The Telegraph Act, 1869 –
Section twenty-three to “Provided always that.”
33 & 34 Vict. c. 79.
The Post Office Act, 1870 –
The whole Act.
38 & 39 Vict. c. 22.
The Post Office Act, 1875 –
The whole Act.
42 & 43 Vict. c. 49.
The Summary Jurisdiction Act, 1879.
In section fifty-three the words “The Summary Jurisdiction Acts shall apply to all informations, complaints, and other proceedings before a court of summary jurisdiction under the statutes relating to the Post Office.”
43 & 44 Vict. c. 33.
The Post Office (Money Orders) Act, 1880.
The whole Act.
44 & 45 Vict. c. 19.
The Post Office (Newspaper) Act, 1881.
The whole Act.
44 & 45 Vict. c. 20.
The Post Office (Land) Act, 1881.
The whole Act.
45 & 46 Vict. c. 2.
The Post Office (Reply Post Cards) Act, 1882.
The whole Act.
46 & 47 Vict. c. 58.
The Post Office (Money Orders) Act, 1883.
The whole Act.
47 & 48 Vict. c. 76.
The Post Office (Protection) Act, 1884.
The whole Act, except the first and third paragraphs of section one and sections eleven and seventeen.
52 & 53 Vict. c. 34.
The Telegraph (Isle of Man) Act, 1889.
Subsection seventeen of section one.
54 & 55 Vict. c. 46.
The Post Office Act, 1891 –
The whole Act, except sections eleven and fourteen.
55 & 56 Vict. c. 24.
The Post Office Act, 1892 –
The whole Act.
58 & 59 Vict. c. 18.
The Post Office Amendment Act, 1895.
The whole Act.
60 & 61 Vict. c. 41.
The Post Office and Telegraph Act, 1897.
Section two.
61 & 62 Vict. c. 18.
The Post Office (Guarantee) Act, 1898.
The whole Act.
61 & 62 Vict. c. 37.
The Local Government (Ireland) Act, 1898.
Section seventy-five.
61 & 62 Vict. c. 59.
The Post Office Guarantee (No. 2) Act, 1898.
The whole Act.
3 Edw. 7. c. 12.
The Post Office (Money Orders) Act, 1903.
The whole Act.
4 Edw. 7. c. 14.
The Post Office Act, 1904 –
The whole Act.
6 Edw. 7. c. 4.
The Post Office (Money Orders) Act, 1906.
The whole Act.
6 Edw. 7. c. 22.
The Post Office (Literature for the Blind) Act, 1906.
The whole Act.
POST OFFICE (AMENDMENT) ACT, 1951.
AN ACT TO AMEND THE POST OFFICE ACT, 1908 , AND OTHER ENACTMENTS RELATING TO THE POST OFFICE. [17th July, 1951.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
Interpretation.
1.—In this Act—
the expression “the Act of 1908” means the Post Office Act, 1908 ; the expression “the Minister” means the Minister for Posts and Telegraphs.
Repeal of limit on postage rates for inland registered newspapers.
2.—(1) Paragraph (iii) of proviso (b) to subsection (1) of section 2 of the Act of 1908, as amended by subsection (2) of section 2 of the Post Office and Telegraph Act, 1920, is hereby repealed.
(2) Subsection (1) of this section shall be deemed to have come into operation on the 1st day of July, 1948.
Repeal of limit on postage rates for newspapers sent out of the State.
3.—Proviso (c) to subsection (1) of section 2 of the Act of 1908 is hereby repealed.
Special postage rates for articles specially adapted for the use of the blind.
4.—Proviso (d) to subsection (1) of section 2 of the Act of 1908 is hereby amended by the insertion after the words “books and papers impressed for the use of the blind” of the words “or of any articles specially adapted for the use of the blind”.
Forms, amounts and poundage of postal orders.
5.—(1) The special form in which postal orders may be issued in accordance with the provisions of section 24 of the Act of 1908 shall be prescribed by the Minister, and accordingly in subsection (1) of that section for the words “the regulations made under the preceding section” there shall be substituted the word “him” and for the words “the said regulations” there shall be substituted the words “the regulations made under the preceding section”.
(2) Proviso (a) to subsection (1) of section 24 of the Act of 1908 shall cease to have effect and the amounts for which postal orders may be issued and the poundage to be payable in respect of them shall be such as may be prescribed, with the consent of the Minister for Finance, by Post Office regulations.
Amendment of postal rates.
6.—A warrant made for the purposes of subsection (2) of section 2 of the Act of 1908 may provide that, in such cases and subject to such conditions as may be prescribed therein, no additional postage shall be charged on an inland postal packet which is not prepaid or is insufficiently prepaid.
Extension of section 14 of the Post Office (Parcels) Act, 1882.
7.—Section 14 of the Post Office (Parcels) Act, 1882, shall have effect as if the references in the said section to “foreign parcels” included references to such foreign postal packets as may be specified by regulations made under that section, and the word “foreign” shall have the same meaning in relation to such postal packets as it has in relation to parcels.
Application of certain sections of the Act of 1908 to aircraft and amendment of those sections.
8.—(1) Sections 27 to 32, 34 and 51 of the Act of 1908 shall apply to aircraft as well as in relation to vessels and the said sections shall be amended in the manner set out in the Schedule to this Act.
(2) Paragraph (a) of subsection (2) of section 30 of the Act of 1908, and subsection (3) of that section shall cease to have effect.
(3) Post Office regulations made for the purpose of section 31 of the Act of 1908 may provide for the allowance to owners of vessels or aircraft of the gratuities mentioned in that section, and subsection (1) of section 30 of the said Act in so far as it relates to such gratuities shall cease to have effect.
Amendment of sections 20 and 21 of the Act of 1908.
9.—(1) Section 20 of the Act of 1908 is hereby amended by the deletion of the words “the British Islands” in paragraph (a) of subsection (1) and the substitution therefor of the words “the State”.
(2) Section 21 of the Act of 1908 is hereby amended by the deletion of the word “London” in subsection (1) and the substitution therefore of the word “Dublin”.
(3) Where it is shown to the satisfaction of the Minister that a newspaper is registered at the General Post Office in London, the newspaper may be accepted for transmission by post at the same rates as apply in the case of a newspaper registered in the General Post Office in Dublin.
Cash-on-Delivery service.
10.—(1) Any Cash-on-Delivery service established by the Minister shall be conducted in accordance with such provisions as may be contained in Post Office regulations.
(2) In this section the expression “Cash-on-Delivery service” means a service whereby the Minister for Posts and Telegraphs undertakes at the request of the sender of a postal packet to collect, or secure the collection of, a sum of money on the sender’s behalf from the addressee of the packet as a condition of delivery.
Rates for telephone messages to other States.
11.—(1) The sums to be paid on account of the transmission of messages by telephone from the State to any other State shall be such as may be determined from time to time by the Minister with the consent of the Minister for Finance.
(2) Notice of a determination under subsection (1) of this section shall be published in the Iris Oifigiúil at least fourteen days before the coming into operation of the determination.
Prohibition of use of certain words, letters, signs or marks.
12.—(1) No person shall without the authority of the Minister—
(a) place or maintain in or on any vessel, vehicle, aircraft or premises belonging to him or under his control, or
(b) use in any document in relation to himself or any other person or in relation to any vessel, vehicle, aircraft or premises,
any words, letters, signs or marks, which signify or imply or may reasonably lead a member of the public to believe that the vessel, vehicle, aircraft or premises is or are used by the Minister or with his authority for the purpose of collecting or conveying postal packets or that the person or the other person is authorised by the Minister to collect or convey such packets.
(2) Every person when required by a notice given by the Minister to remove or efface or cease to use any such words, letters, signs or marks as aforesaid shall comply with the requirement.
(3) Subsection (1) of section 66 of the Act of 1908 shall apply to the words “public telephone call office” and any other words, letters, signs or marks, which signify or imply or may reasonably lead a member of the public to believe that any place is a place where the public may make telephone calls, as it applies to the words “postal telegraph office”.
(4) Subsection (2) of the said section 66 shall apply in relation to a contravention of this section as it applies in relation to a contravention of that section.
Offences in connection with telephones.
13.—(1) If any person—
(a) sends any message by telephone which is grossly offensive or of an indecent, obscene or menacing character;
(b) sends any message by telephone which he knows to be false, for the purpose of causing annoyance, inconvenience, or needless anxiety to any other person; or
(c) persistently makes telephone calls without reasonable cause and for any such purpose as aforesaid;
he shall be liable upon summary conviction to a fine not exceeding ten pounds, or to imprisonment for a term not exceeding one month, or to both such fine and imprisonment.
(2) A contravention of this section shall be deemed to be an offence under the Act of 1908.
Adaptation of references to “His Majesty’s service” in the Act of 1908.
14.—The references in subsection (1) of section 64 of the Act of 1908 to “His Majesty’s service” shall be construed as references to the “service of the State” and the Act shall have effect accordingly.
Short title, citation and construction.
15.—(1) This Act may be cited as the Post Office (Amendment) Act, 1951.
(2) The Post Office Acts, 1908 to 1937, and this Act may be cited together as the Post Office Acts, 1908 to 1951.
(3) This Act shall be construed as one with the Act of 1908.
SCHEDULE.
Amendment of Sections 27 to 32, 34 and 51 of the Act of 1908.
Section 8.
Section
Amendment
27
In subsection (1) after the words “inward bound” there shall be inserted the words “and every pilot or other person in charge of an aircraft inward bound”; and after the word “vessel” where it secondly occurs there shall be inserted the words “or aircraft”.
For subsection (2) there shall be substituted the following:—
“(2) Where there are on board any inward bound vessel or aircraft any postal packets required to be delivered under subsection (1) of this section, the master of the vessel or the pilot or other person in charge of the aircraft shall not break bulk or make entry of any part of her cargo in any port or place until he has complied with this section.”
In subsection (3) after the words “master of a vessel” there shall be inserted the words “or the pilot or other person in charge of an aircraft”
Subsection (4) shall cease to have effect.
In subsection (5) after the words “master of a vessel” there shall be inserted the words “or the pilot or other person in charge of an aircraft”; and after the word “vessel” where it secondly occurs there shall be inserted the words “or aircraft”.
28
After the words “master of a vessel” in both places where they occur there shall be inserted the words “or pilot or other person in charge of an aircraft” and for the words “bring on shore” there shall be substituted “deliver to the Post Office”.
29
In subsection (1) for the words “shall not allow any inward bound vessel to report until the declaration required by this Act with respect to postal packets has been made and produced to him and” there shall be substituted the words “or an authorised officer appointed by the Minister for Industry and Commerce under section 8 of the Customs Free Airport Act, 1947 (No. 5 of 1947),”; for the words “such a vessel” there shall be substituted the words “any inward bound vessel”; after the word “vessel” wherever it occurs there shall be inserted the words “or aircraft”.
In subsection (2) after the words “officer of customs” there shall be inserted the words “or an authorised officer appointed by the Minister for Industry and Commerce under section 8 of the Customs Free Airport Act, 1947 ” after the word “vessel” there shall be inserted the words “or aircraft”.
30
In subsection (1) after the word “vessels” where it first occurs there shall be inserted the words “or aircraft”; for the words “when not exceeding the weights and” there shall be substituted the words “or aircraft”; after the word “port” there shall be inserted the words “or place”; after the word “vessel’s” there shall be inserted the words “or aircraft’s”; after the word “master” there shall be inserted the words “of the vessel or the pilot or other person in charge of the aircraft”.
In paragraph (c) of subsection (2) after the word “manifest” there shall be inserted the words “or by the manifest and declaration of the aircraft”; and after the word “vessel” there shall be inserted the words “or aircraft”.
In subsection (4) after the word “vessel” in both places where it occurs there shall be inserted the words “or aircraft”.
31
After the word “vessels” where it first occurs, there shall be inserted the words “or owners or persons in charge of aircraft” for the word “seamen” there shall be substituted the word “crew”; and after the word “vessels”, where it secondly occurs, there shall be inserted the words “or aircraft”.
32
For the words “the master or one of the officers or crew of a vessel inward bound” there shall be substituted the words “the master of a vessel inward bound or the pilot or other person in charge of an aircraft inward bound or one of the officers or crew of such a vessel or aircraft”; after the word “master” where it secondly occurs there shall be inserted the words “of the vessel or the pilot or other person in charge of the aircraft”; the words “his vessel” shall cease to have effect; after the word “vessel” where it last occurs, there shall be inserted the words “or aircraft”; and after the words “officer of customs” there shall be inserted the words “or an authorised officer appointed by the Minister for Industry and Commerce under section 8 of the Customs Free Airport Act, 1947 ”.
34
In paragraph (e) of subsection (2) after the word “vessels” in both places where it occurs there shall be inserted the words “or aircraft”.
At the beginning of paragraph (ii) of subsection (3) there shall be inserted the words “owners or pilots or other persons in charge of aircraft, or” and after the word “ships” where it secondly occurs, there shall be inserted the word “aircraft”; in paragraph (iii) of that subsection after the word “vessel” there shall be inserted the word “aircraft”.
In subsection (6) after the word “water” there shall be inserted the words “or by air,” and after the word “vessels” there shall be inserted the words “or aircraft”.
51
After the word “vessel” there shall be inserted the words “vehicle or aircraft”.
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,
(c) the Irish Land Commission;
“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,
(c) section 11 of the Post Office (Protection) Act, 1884 ,
(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,
(c) the Stamp Duties Management 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 ,
(c) the Post Office Acts, 1908 to 1951,
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.
(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 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,
(c) the amount of money covered by the guarantee which was outstanding at the end of that year.
(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
(c) every bond given by any person to the Minister,
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 this section.
PART IV
THE POSTAL COMPANY
Postal company.
62.—In this Part “company” means the postal company.
Exclusive privilege of the postal company.
63.—(1) The company shall, subject to the provisions of this section, have the exclusive privilege in respect of the conveyance of postal packets within, to and from the State and the offering and performance of the services of receiving, collecting, despatching and delivering postal packets.
(2) The said privilege is granted to the company—
(a) in view of its primary purpose of providing a national postal service and of the general duty imposed on it by section 13 , 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 postal technology, and
(c) because a viable national postal system involves subsidization 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 in accordance with the terms and conditions of a licence granted by the company under section 73 or by the Minister under section 111 ,
(b) the conveyance and delivery of a postal packet personally by the sender,
(c) the sending, conveyance and delivery of a postal packet by means of a private individual otherwise than for hire or reward where that individual himself delivers the packet to the addressee,
(d) the sending, conveyance and delivery of a postal packet concerning the private affairs of the sender or the addressee by means of a messenger sent for the purpose by the sender or receiver of the packet provided that the messenger is either a member of the family or an employee of the sender or receiver thereof,
(e) the sending, conveyance and delivery otherwise than by post of any document issuing out of a court or of any return or answer thereto,
(f) the sending, conveyance and delivery of a postal packet of the owner of a merchant ship or commercial aircraft or of goods carried in such a ship or aircraft by means of that ship or aircraft and its delivery to the addressee by any person employed for the purpose by the owner provided that no payment or reward, profit or advantage of any kind is given or received for the conveyance or delivery of the packet,
(g) the sending, conveyance and delivery by means of a common carrier of postal packets concerning and for delivery with goods carried by him, provided that no payment or reward, profit or advantage of any kind is given or received for the conveyance or delivery of those packets.
(4) Nothing in paragraphs (b) to (g) of subsection (3) shall be taken as authorising any person to make a collection of postal packets for the purpose of their being sent, conveyed or delivered in accordance with that subsection.
(5) A postal packet originating within the State shall not be taken or sent outside the State with a view to having the packet posted from outside the State to an address within the State for the purpose of evading the exclusive privilege of the company.
(6) 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.
(7) In this section “postal packet” does not include a telegram, a newspaper or a parcel unless a communication or, in the case of a newspaper, a communication not forming part of a newspaper is contained in it.
Limitation of liability of the postal company.
64.—(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 postal service by reason of—
(a) failure or delay in providing, operating or maintaining a postal service,
(b) failure, interruption, suspension or restriction of a postal service.
(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 postal 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.
Delivery of postal packets.
65.—The company shall not be required to deliver a postal packet to the addressee’s residence or office, provided the company makes acceptable alternative arrangements to make it available to the addressee.
Inviolability of mails and immunity of staff from prosecution.
66.—(1) Postal packets and mail bags in course of post shall be immune from examination, detention or seizure except as provided under this Act or any other enactment.
(2) The company and members of the staff and other persons engaged on the business of the company shall be immune from prosecution for the possession, carrying or delivery of any prohibited article contained in a packet in the post.
Provision of banking services.
67.—(1) The company may, after consultation with the Minister and as authorised by order of the Minister for Finance (made after consultation with the Central Bank), provide banking services, including the service commonly known as the Giro System and also including the lending of money.
(2) Any such order may—
(a) specify the services which the company may provide,
(b) contain such other provisions in relation thereto, including provisions concerning the application of the Currency and Central Bank Acts, 1927 to 1971, and any other enactment, as the Minister for Finance, after consultation with the Minister, the company, the Central Bank and any other appropriate Minister, considers necessary or desirable.
(3) For so long as an order under subsection (1) is in force, the company shall be deemed to be a bank and a banker for the purposes of the Bankers’ Books Evidence Acts, 1879 and 1959, in respect of the services specified in the order and the Moneylenders Acts, 1900 and 1933, shall not apply in relation to such services.
(4) The Minister for Finance, after consultation as aforesaid, may by order amend or revoke an order made under subsection (1).
Money orders and postal orders.
68.—(1) Money orders and postal orders issued by the Minister before the vesting day which are unpaid on the vesting day shall be deemed to have been issued by the company and shall have effect accordingly.
(2) Money orders and postal orders issued by the company shall be exempt from stamp duty.
(3) The company shall not be required to hold a licence under the Central Bank Act, 1971 , by reason of services in relation to money orders and postal orders provided by it.
(4) The Revenue Commissioners shall not have or exercise any functions in relation to postal orders or money orders issued by the company except in relation to the printing thereof at the request of the company.
(5) Section 20 of the Finance Act, 1911 , shall not apply to money orders or postal orders issued by the company.
Postage stamps and supplementary insurance stamps.
69.—(1) All stamps which were current immediately before the vesting day for denoting duties of postage shall remain valid on and after that day.
(2) Sections 4, 6, 13 and 16 to 20 of the Stamp Duties Management Act, 1891, shall apply to postage stamps issued by the company. In those sections, references to a licence shall include references to an authorisation by the company.
(3) All postage stamps and related dies and other articles seized under section 16 or 17 of the Stamp Duties Management Act, 1891, shall be delivered to the company.
(4) The company may, with the consent of the Minister, provide for the design and issue of postage stamps.
(5) Section 9 of the Stamp Act, 1891, shall apply to postage stamps issued by the company.
(6) Section 20 of the Finance Act, 1911 , shall not apply to postage stamps issued by the company.
(7) The Revenue Commissioners shall not have or exercise any functions in relation to postage stamps issued by the company except in relation to the printing thereof at the request of the company.
(8) Where there is a suspected offence involving postage stamps or supplementary insurance stamps (within the meaning of section 247 of the Social Welfare (Consolidation) Act, 1981 )—
(a) the company may exercise the powers contained in section 18 (2) of the Stamp Duties Management Act, 1891, but only on foot of a warrant issued by a Justice of the District Court, in the case of postage stamps, and on foot of a warrant issued by the Revenue Commissioners or by a Justice of the District Court, in the case of supplementary insurance stamps, and
(b) for the purposes of the said section 18 (2) a Justice of the District Court, upon the information on oath of an officer of the company or of a member of the Garda Síochána, may grant a warrant.
Charges and other terms applicable to services.
70.—(1) Subject to this Act, the company may make, as respects any of the postal 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 amend or revoke any previous scheme made under this section and any regulations to which section 72 (1) 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 services provided by the company.
71.—(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 of the sum due in any proceedings taken 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 72 (1) which is due to the company on the vesting day.
Transitional provisions as to regulations under Post Office Acts, 1908 to 1969.
72.—(1) Regulations in force immediately before the vesting day under the Post Office Acts, 1908 to 1969, and not revoked by a scheme made under section 70 or by any provision of this Act shall, with the substitution for references to the Minister for Posts and Telegraphs, the Department of Posts and Telegraphs and the Post Office 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 70 .
(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 regulation to which subsection (1) relates and that provision is revoked under section 70 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 such an 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.
Grant of licences for the provision of postal services.
73.—(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 postal service within the exclusive privilege granted to the company by section 63 .
(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 thinks 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 63 (2) for the grant of the exclusive privilege to the company.
(b) The Minister may by order revoke an order made 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.
Schemes for free postage for electoral candidates.
74.—(1) The company may, with the consent of the Minister, after consultation with the Minister for the Environment and, where appropriate, the Minister for Defence, make schemes for regulating the conditions under which free postage is to be provided under—
(a) section 50 of the Prevention of Electoral Abuses Act, 1923 ,
(b) section 25 of the Seanad Electoral (University Members) Act, 1937 ,
(c) section 34 of the Presidential Elections Act, 1937 ,
(d) rule 18 of Part I of the First Schedule to the European Assembly Elections Act, 1977 .
(2) A scheme made under this section may amend or revoke any previous scheme made thereunder.
(3) The Minister, after consultation with the company and the Minister for the Environment and, where appropriate, the Minister for Defence, may direct the company to make or amend a scheme under this section and the company shall comply with that direction.
(4) Regulations made by the Minister under—
(a) the Prevention of Electoral Abuses Act, 1923 ,
(b) the Seanad Electoral (University Members) Act, 1937 ,
(c) the Presidential Elections Act, 1937 ,
(d) the European Assembly Elections Act, 1977 ,
shall have effect on and after the vesting day with the substitution of references to the company for references to the Minister for Posts and Telegraphs and of references to an officer of the company for references to an officer of the Minister for Posts and Telegraphs as if they were schemes made by the company under subsection (1).
(5) A scheme made under this section shall have effect as if it were a scheme made by the company under section 70 .
Recoupment of free postage for elections, referenda and messages to certain organs of State.
75.—The company shall be entitled to be recouped out of the Central Fund or the growing produce thereof for the loss of postage which it incurs by reason of any enactment providing for free postage in connection with any election or referendum or any petition or address to the President, the Government or either House of the Oireachtas.
Issue of television and other licences.
76.—(1) The Minister may by order empower the company to issue on his behalf and on payment of the appropriate fee licences for television sets and other apparatus in accordance with the Wireless Telegraphy Acts, 1926 to 1972.
(2) The Minister may supply to the company information concerning transactions in television sets supplied to him by television dealers under the Wireless Telegraphy Act, 1972 .
(3) The Minister may by order empower the company to exercise on his behalf the functions conferred on him by the Wireless Telegraphy Act, 1972 , in so far as that Act relates to the registration of television dealers and the supply of information to him by dealers.
(4) The Minister may by order empower the company to exercise the functions conferred on him by or under the Wireless Telegraphy Acts, 1926 to 1972, in relation to the collection of fees for and sale of television and other licences and the identification of persons who have television sets or other apparatus not authorised by a licence for the time being in force.
(5) The Minister, after consultation with the company, may by order amend or revoke an order under the previous provisions of this section.
(6) The company shall furnish such information as the Minister may require in relation to the exercise of functions assigned to it under this section.
Summary proceedings under Wireless Telegraphy Acts, 1926 to 1972.
77.—Summary proceedings may be brought and prosecuted by the company for the following offences under the Wireless Telegraphy Acts, 1926 to 1972—
(a) where an order under section 76 (3) is in force, a contravention by a television dealer of any provision of the Wireless Telegraphy Act, 1972 ;
(b) where an order under section 76 (4) is in force, an offence relating to keeping or having in one’s possession a television set or other apparatus not authorised by a licence for the time being in force.
Payment by postal company of moneys received for television and other licences.
78.—(1) The company shall pay to the Minister promptly the amounts collected by the company in respect of the issue of television and other licences.
(2) The manner of payment and the periods for which payments are to be made in respect of the issue of television and other licences shall be decided by the Minister after consultation with the company.
Recoupment of postal company for cost of issue of television and other licences.
79.—(1) The Minister shall pay to the company an appropriate sum in respect of work done by the company in the exercise of powers conferred on it under section 76 .
(2) The appropriate sum payable by the Minister to the company and the manner in which and the intervals at which it is to be paid shall be decided by the company with the consent of the Minister.
Hours of business of telegraph offices under control of postal company.
80.—The company may, after consultation with the telecommunications company, determine the hours during which telegraph offices under its control shall, on and after the vesting day, be open for the transaction of telegraph business and, in the event of a difference between the companies, the question may be referred by either company to the Minister whose decision shall be final.
Postmaster director.
81.—(1) The Minister shall appoint to be a director of the company one postmaster elected in accordance with this section.
(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 who is appointed under this section shall, unless he sooner dies, resigns, ceases to be a postmaster, becomes disqualified or is removed from office, terminate on the expiration of the period for which he was appointed.
(4) The Minister may appoint a postmaster 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 appointed under this section shall, subject to this section, be eligible for nomination as a candidate and for election at an election.
(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 unions and associations representing postmasters and in each third year thereafter.
(7) Part II 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 company the postmaster who was appointed by him 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 that 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 term of office of a director appointed under paragraph (a) shall begin on the vesting day, may be terminated by the Minister and shall, at the latest, cease on the day on which a director is appointed after elections under this section.
Entry of staff of company to harbours and Customs-free airport.
82.—A member of the staff of the company shall, while acting in the execution of his duty as such member—
(a) have the right to enter or leave any part of a harbour, and
(b) have the right to enter or leave the Customs-free airport established under the Customs-free Airport Act, 1947 , and buildings, aircraft, ships, boats and vehicles therein.
Powers as to the transmission of postal packets.
83.—The company may—
(a) refuse, detain, defer, withhold, return or dispose of postal packets which do not comply with schemes under section 70 or with the provisions of this Act, or which consist of or contain objectionable matter,
(b) open—
(i) unsealed postal packets,
(ii) postal packets which are undeliverable,
(iii) postal packets awaiting collection poste restante and not collected,
(iv) parcels due for collection and not collected,
(c) make provisions and impose conditions and restrictions as to the mode of packing, colour, form and design of packets and classes of packets,
(d) demand prepayment or security for postage or other charges which may become due,
(e) register any packet with or without the consent of the consignor and require payment of a fee for such registration,
(f) remit postage,
(g) defer the despatch or delivery of a postal packet where the company considers it to be necessary in the interest of the service.
Prohibition on opening, etc., of postal packets.
84.—(1) A person who—
(a) opens or attempts to open a postal packet addressed to another person or delays or detains any such postal packet or does anything to prevent its due delivery or authorises, suffers or permits another person (who is not the person to whom the postal packet is addressed) to do so, or
(b) discloses the existence or contents of any such postal packet, or
(c) uses for any purpose any information obtained from any such postal packet, or
(d) tampers with any such postal packet,
without the agreement of the person to whom the postal packet is addressed shall be guilty of an offence.
(2) Subsection (1) shall not apply to any person who is acting—
(a) in virtue of any power conferred on the company by section 83 , or
(b) in pursuance of a direction issued by the Minister under section 110 , or
(c) under other lawful authority.
(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.
(c) A person who contravenes any regulation under this subsection shall be guilty of an offence.
Transitional financial provisions.
85.—(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 postal services to be provided by the company.
(3) The company shall be entitled to receive from the Minister, with the concurrence of the Minister for Finance, an amount equivalent to the value of money orders and postal orders issued before the vesting day on which payment is outstanding on the vesting day.
(4) The company shall pay to the Minister an amount equivalent to the cash on hands in post offices at the close of business on the last working day before the vesting day.
(5) 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.
(6) 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.
(7) 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.
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
(c) does anything that will enable him or another person to intercept,
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.
(c) A person who contravenes any regulation under this subsection shall be guilty of an offence.
(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.
PART VI
Post Office Savings Bank and other Savings Services
Definitions.
102.—In this Part—
“company” means the postal company;
“Savings Bank” means the Post Office Savings Bank established under the Post Office Savings Bank Acts, 1861 to 1958.
Post Office Savings Bank.
103.—(1) The company may, with the consent of the Minister for Finance given after consultation with the Minister, make regulations for the control and operation of the Savings Bank pursuant to the Post Office Savings Bank Acts, 1861 to 1958, and this Act.
(2) Regulations in force immediately before the vesting day under the Post Office Savings Bank Acts, 1861 to 1958, in relation to the operation of the Savings Bank including regulations to which subsection (4) relates, shall continue in force and shall, with the substitution for references to the Minister for Posts and Telegraphs or the Postmaster General and his Department or officers, of references to the company and its officers, respectively, unless otherwise provided in the Third or Fourth Schedule , have effect on and after the vesting day as if they were regulations made under subsection (1) and may be amended or revoked by regulations under this section.
(3) The Minister for Finance, after consultation with the Minister and the company, may direct the company to make regulations under subsection (1) or to amend or revoke regulations made under that subsection or continued in force under subsection (2) and the company shall comply with that direction.
(4) Regulations made before the commencement of this section by the Minister with the consent of the Minister for Finance in purported exercise of powers conferred by the Post Office Savings Bank Acts, 1861 to 1958, or any of those Acts shall be deemed to be and always to have been valid notwithstanding that they may not have been made in the manner authorised by those Acts.
Savings Bank business.
104.—(1) The company may—
(a) appoint such of its offices as it may specify to be Savings Bank offices,
(b) authorise any of its officers to transact Savings Bank business otherwise than at a Savings Bank office,
(c) direct when Savings Bank business shall be transacted,
(d) require the surrender and cancellation of a deposit book and issue a replacement,
(e) pay any sum in respect of any amount on deposit in the Savings Bank without production of a deposit book if it is satisfied that the claimant is entitled to the payment, and
(f) at its absolute discretion accept or refuse any nomination.
(2) (a) A warrant issued by the company in accordance with regulations to which section 103 relates shall be a valid discharge to the company in respect of the amount to which the warrant applies.
(b) The transfer of an account made by the company in accordance with such regulations shall operate as a valid discharge by the transferor to the company in respect of the amount of the transfer.
(3) (a) Notwithstanding anything in the Post Office Savings Bank Acts, 1861 to 1958, the Minister for Finance, after consultation with the Minister, the company and the Central Bank, may authorise the company to undertake any business of banking which is, in the opinion of the Minister for Finance, calculated to encourage thrift and within the financial capacity of the Savings Bank.
(b) The Minister for Finance, after consultation with the Minister, the company and the Central Bank, may by order make such provision concerning the application of any enactment to that business as he, after consultation as aforesaid and with any other appropriate Minister, considers necessary or desirable.
(c) The Minister for Finance, after consultation as aforesaid, may by order amend or revoke an order made under paragraph (b).
Limitation of liability.
105.—In respect of any loss, damage or injury suffered by any person arising out of any payment made or action taken in accordance with the Post Office Savings Bank Acts, 1861 to 1958, or this Act or regulations thereunder—
(a) the company shall be immune from all liability except for money lawfully due to him by the company, and
(b) the officers and servants of the company shall be immune from civil liability except at the suit of the company.
Post Office Savings Bank cheques, warrants and other documents.
106.—(1) Every cheque, warrant, order, power of attorney or other document executed by the company in relation solely to the business of the Savings Bank shall be exempt from stamp duty.
(2) Declarations, deposit books, acknowledgements, notices of withdrawal, warrants and all documents and correspondence relating to the business of the Savings Bank and passing between the company and any person within the State or from the company to any depositor with the Savings Bank outside the State may be transmitted free of any charge for postage.
(3) The company shall be entitled to be recouped out of the Savings Bank’s funds for the loss of postage which it incurs by reason of subsection (2).
Non-disclosure of information relating to deposits.
107.— Section 4 of the Post Office Savings Bank Act, 1861 (which restricts the disclosure of information relating to deposits) shall not apply to the disclosure of information required for the purpose of proceedings in respect of an offence.
Disputes before Registrar of Friendly Societies.
108.—(1) Where, on the vesting day, proceedings are pending on any reference to the Registrar of Friendly Societies in respect of a dispute relating to an account in the Savings Bank, the proceedings shall continue with the substitution of the company for the Minister as a party to the reference.
(2) Where, on the vesting day, proceedings are pending before the Registrar of Friendly Societies under section 30 (3) of the Finance Act, 1940 , on a reference relating to a savings certificate, the proceedings shall continue with the substitution of the company for the Minister as a party to the reference.
Recoupment of company for cost of managing savings services.
109.—(1) (a) An appropriate sum shall be paid to the company in respect of work done by the company in the exercise of powers conferred on it by this Part as follows—
(i) from the moneys of the Savings Bank for work done in respect of the Savings Bank, and
(ii) from the Exchequer for work done in respect of other Government savings services.
(b) The appropriate sum payable to the company, the manner in which and the intervals at which it is to be paid shall be decided by the company with the consent of the Minister for Finance.
(2) (a) The company shall pay to the Minister for Finance promptly the amounts received by the company for deposit in the Savings Bank or in other Government savings services.
(b) The manner of payment and the periods for which payments are to be made shall be determined by the said Minister after consultation with the company.
(3) The company shall furnish such information as the Minister for Finance may require for the purposes of this section.
PART VII
Functions of Minister for Posts and Telegraphs
General ministerial powers in relation to postal and telecommunications services.
110.—(1) The Minister may issue directions in writing to either company requiring the company—
(a) to comply with policy decisions of a general kind made by the Government concerning the development of the postal or telecommunications services of which he may advise the company from time to time,
(b) to do (or refrain from doing) anything which he may specify from time to time as necessary in the national interest or to enable the Government or the State to become a member of an international organisation or a party to an international agreement or to discharge its obligations as a member of an international organisation or as a party to an international agreement,
(c) to perform such work or provide or maintain such services for a State authority as may be specified in the direction.
(2) Any direction under this section to a company to perform work or provide or maintain services which involves the payment of moneys by the Exchequer shall be given only with the consent of the Minister for Finance.
(3) A company shall comply with every direction given to it under this section.
(4) (a) A direction to either company under this section except a direction which relates to any international organisation or agreement or to public order or security shall, if the company so requests in writing, be given by the Minister by order.
(b) Such an order shall remain in force for a specified period of not more than twelve months unless extended or revoked by order of the Minister.
(5) The Minister may stipulate, in consultation with either company and with the consent of the Minister for Finance, financial targets (including payment of dividends in respect of shares in the company) to be achieved by the company.
Grant of licences for the provision of postal and telecommunications services.
111.—(1) (a) The Minister may, with the consent of the Minister for Finance, by order provide for the grant of a licence by the Minister, subject to such terms and conditions as the Minister may think fit to impose, to any person to provide a postal service or a telecommunications service of a class or description specified in the order to which an exclusive privilege granted to the either company under this Act relates—
(i) after consultation with the appropriate company, and
(ii) if in his opinion the grant of the licence is in the public interest and is consistent with the reasons given in section 63 (2) or section 87 (2), as appropriate, for the grant of the exclusive privilege to the company,
and may, with the like consent, revoke any such order.
(b) If an order made under paragraph (a) is annulled under section 3 or is revoked a licence granted under that order shall stand revoked.
(2) The Minister may after consultation with the telecommunications company grant a licence to any person to provide a telecommunications service of a kind not within the exclusive privilege granted to the telecommunications company (not being a service of a kind mentioned in paragraph (a), (b) or (c) of section 87 (3)).
(3) A licence granted under subsection (2) authorising the provision of a telecommunications service shall, in addition to any other conditions that the Minister may think fit to impose, be granted subject to technical conditions regarding the type, installation and maintenance of the equipment and materials to be used to provide the service, such conditions being designed to ensure their compatibility with the network of the telecommunications company.
(4) The said technical conditions shall be decided by the Minister after consultation with the company.
(5) Where a licence is granted under this section to any person to perform any function every provision of this Act or any other enactment relating to the appropriate company which is specified in regulations made by the Minister under this section shall in respect of that function and subject to such conditions, limitations or modifications as may be prescribed in such regulations, apply to the licensee as it applies to the company.
(6) (a) The Minister may, with the consent of the Minister for Finance, charge fees for the grant of licences under this section.
(b) The Public Offices Fees Act, 1879, shall not apply to fees charged under this subsection.
FIRST SCHEDULE
Election of Certain Directors
Section 34 .
Part I
Employee Directors
1. (1) The Secretary of the company (or a person selected by him after consultation with representatives of the employees) shall be the returning officer for each election of employee directors of the company.
(2) The returning officer shall not be entitled to be nominated as, or to nominate, act as agent for or promote the interests of, a candidate at the election.
(3) The returning officer may authorise any person to exercise designated functions on his behalf and subparagraph (2) shall apply to any such person.
2. (1) A poll shall be conducted where the number of candidates exceeds the number of seats to be filled.
(2) Where one-third of the directors is not a whole number the next higher whole number shall be taken to be one-third for the purposes of an election.
(3) Voting shall be by secret ballot and on the basis of proportional representation by means of a single transferable vote.
(4) Presiding officers at the poll and polling clerks shall be appointed by the returning officer.
(5) The election shall be held in accordance with arrangements made by the returning officer.
(6) The returning officer shall be required to give due notice of these arrangements to the electorate and to designate premises as an election office.
(7) All arrangements for an election shall be subject to the consent of the Minister.
3. (1) The returning officer shall fix the nomination day and give notice of the election not later than 10 weeks before that day.
(2) The nomination day shall be not earlier than 6 weeks after the day on which eligibility of voters and candidates is determined in accordance with paragraphs 11 and 12, respectively.
4. The returning officer may declare each candidate elected if the number of candidates standing duly nominated does not exceed the number of seats to be filled.
5. (1) The returning officer may take a preliminary poll, at the request of one or more recognised trade unions or staff associations representing at least 15 per cent. of the electorate, to ascertain whether or not a majority of the electorate is in favour of proceeding with the election.
(2) The preliminary poll shall be undertaken in accordance with arrangements made by the returning officer and duly notified to the electorate.
(3) If a majority at the preliminary poll opposes the election, the holding of the election shall be deferred for 3 years.
(4) The arrangements for a preliminary poll shall be subject to the consent of the Minister.
6. If the nomination of candidates or any poll is interrupted or cannot be proceeded with the returning officer may adjourn the nomination or poll for such period as he considers appropriate to enable him, on its expiration, to proceed with or complete the nomination or poll.
7. On receipt of a notification from the returning officer of the names of candidates elected or declared to be elected under paragraph 4, the Minister shall, in accordance with section 34 , appoint each of the candidates as a director of the company.
8. The returning officer shall place the remaining candidates in order of votes credited to each at the last count in which he was involved.
9. In choosing a person to fill a casual vacancy the Minister shall select the next eligible candidate, if any, on the voting list under paragraph 8. Where two or more candidates are credited with an equal number of votes the Minister shall select one of them by lot.
10. The company shall bear the cost of holding the election except costs incurred by candidates expressly on their own behalf.
11. Every employee of the company who, on the day specified by the returning officer and on the day on which the poll is taken—
(a) is not less than eighteen years of age, and
(b) has been an employee of the company for a continuous period of not less than one year, and
(c) works not less than 18 hours a week for the company,
shall be entitled to vote at an election or preliminary poll.
12. (1) Every employee of the company who, on the day specified by the returning officer under paragraph 11, is not less than eighteen years of age and has been an employee of the company for a continuous period of not less than three years and works not less than 18 hours a week for the company shall be eligible to be nominated as a candidate at the election.
(2) Nominations shall be made in the manner prescribed by the returning officer.
(3) A candidate may be nominated by a recognised trade union or staff association or jointly by two or more such bodies but no such body shall be entitled both to nominate one or more candidates jointly with another such body or bodies.
(4) The returning officer shall rule on the validity of nominations. His decision shall be final.
13. Prior service (for a continuous period ending on the vesting day) in the Department of Posts and Telegraphs of staff transferred to the company on the vesting day shall be reckonable as service with the company for the purposes of paragraphs 11 and 12.
14. The returning officer shall prepare and maintain a list of eligible voters and candidates.
15. The returning officer shall prepare and maintain a list of recognised trade unions and staff associations for the purposes of this Part.
Part II
Postmaster Director of An Post
Section 81 .
1. (1) The Secretary of the company (or a person selected by him after consultation with representatives of postmasters) shall be the returning officer for each election of a director in accordance with section 81.
(2) The returning officer shall not be entitled to be nominated as, or to nominate, act as agent for or promote the interests of, a candidate at the election.
(3) The returning officer may authorise any person to exercise designated functions on his behalf and subparagraph (2) shall apply to any such person.
2. (1) A poll shall be conducted where there are two or more candidates.
(2) Voting shall be by secret ballot and on the basis of proportional representation by means of a single transferable vote.
(3) Presiding officers at the poll and polling clerks shall be appointed by the returning officer.
(4) The election shall be held in accordance with arrangements made by the returning officer.
(5) The returning officer shall be required to give due notice of these arrangements to the electorate and to designate premises as an election office.
(6) All arrangements for an election shall be subject to the consent of the Minister.
3. (1) The returning officer shall fix the nomination day and give notice of the election not later than 10 weeks before that day.
(2) The nomination day shall be not earlier than 6 weeks after the day on which the eligibility of voters and candidates is determined in accordance with paragraphs 11 and 12, respectively.
4. If there is only one candidate the returning officer shall declare him elected.
5. (1) The returning officer may take a preliminary poll, at the request of one or more recognised unions or associations representing at least 15 per cent, of the electorate, to ascertain whether or not a majority of the electorate is in favour of proceeding with the election.
(2) The preliminary poll shall be undertaken in accordance with arrangements made by the returning officer and duly notified to the electorate.
(3) If a majority at the preliminary poll opposes the election, the holding of the election shall be deferred for 3 years.
(4) The arrangements for a preliminary poll shall be subject to the consent of the Minister.
6. If the nomination of candidates or any poll is interrupted or cannot be proceeded with the returning officer may adjourn the nomination or poll for such period as he considers appropriate to enable him, on its expiration, to proceed with or complete the nomination or poll.
7. On receipt of a notification from the returning officer of the name of the candidate elected or declared elected under paragraph 4, the Minister shall, in accordance with section 81 , appoint him as a director of the company.
8. The returning officer shall place the remaining candidates in order of votes credited to each at the last count in which he was involved.
9. In choosing a person to fill a casual vacancy the Minister shall select the next eligible candidate, if any, on the voting list under paragraph 8. Where two or more candidates are credited with an equal number of votes the Minister shall select one of them by lot.
10. The company shall bear the cost of holding the election except costs incurred by candidates expressly on their own behalf.
11. Every postmaster who, on the day specified by the returning officer and on the day on which the poll is taken—
(a) is not less than twenty-one years of age, and
(b) has been a postmaster for a continuous period of not less than one year ending immediately before that day,
shall be entitled to vote at an election or preliminary poll.
12. (1) Every postmaster who, on the day specified by the returning officer under paragraph 11 is not less than twenty-one years of age and has been a postmaster for a continuous period of not less than three years ending immediately before that day shall be eligible to be nominated as a candidate at an election.
(2) Nominations shall be made in the manner prescribed by the returning officer.
(3) A candidate may be nominated by a recognised union or association representing postmasters or jointly by two or more such bodies but no such body shall be entitled both to nominate one or more candidates of its own accord and to nominate one or more candidates jointly with another such body or bodies.
(4) The returning officer shall rule on the validity of nominations. His decision shall be final.
13. The returning officer shall prepare and maintain a list of eligible voters and candidates.
14. The returning officer shall prepare and maintain a list of recognised unions and associations for the purposes of this Part.
SECOND SCHEDULE
Provisions Relating to Compulsory Acquisition
Section 44 .
Application for acquisition order.
1. (1) Where a company proposes to acquire any land, easement or other right over land under section 44 the company may apply to the Minister for an order under this Schedule authorising it to acquire the property compulsorily and the application shall be accompanied by such maps, plans and books of reference as are referred to in paragraph 5.
(2) The company shall publish the prescribed notice of the application in Iris Oifigiúil and in one or more newspapers circulating in the locality in which the property is situate and serve a copy of the notice on every person who appears to the company to have an estate or interest in the property, so far as it is reasonably practicable to ascertain such persons.
(3) The notice shall include a provision notifying persons having an estate or interest in the property that they have a right to lodge with the Minister within a prescribed time an objection to the making of an order and specify the times and places where the maps, plans and books of reference deposited in accordance with paragraph 5 may be inspected.
(4) The Minister shall—
(a) appoint an arbitrator to hear and determine any objection, or
(b) if in his opinion the objection is of such a nature that it can be determined without arbitration, himself decide on the application and he may, if he thinks fit, appoint an adviser to assist him in relation thereto.
(5) The Minister shall publish prescribed notice of every hearing by arbitration in Iris Oifigiúil and in one or more newspapers circulating in the locality in which the property is situate.
(6) The company and any person having an estate or interest in the property shall be entitled to be heard and adduce evidence at the arbitration.
Making of acquisition order.
2. (1) Where no objection to the application of the company is lodged within the prescribed time or any such objection is rejected by the Minister, the Minister shall make an order authorising the company to acquire the property compulsorily in accordance with the terms of its application.
(2) Where the arbitrator decides that no objection to the application is sustainable the Minister shall make the order in accordance with its terms.
(3) Where the arbitrator recommends, in consequence of any objection, that the order should be made with modifications, whether by the exclusion of any part of the property comprised in the application or subject to any other variation, the Minister shall, unless the company withdraws its application, make the order subject to such modifications.
(4) Where the arbitrator upholds an objection the Minister shall not make the order.
Entry on land, etc., before conveyance.
3. (1) At any time after the making of an acquisition order and before conveyance or ascertainment of price, the company may, subject to this paragraph, enter on and take possession of the land to be acquired or exercise the right to be acquired.
(2) Where the company exercises any power under the foregoing subparagraph, it shall be liable to pay, to the occupier of the land which is to be acquired or in respect of which the right is to be exercised, interest on the amount of the price payable to such occupier at such rate as the Minister for Finance shall from time to time determine for the purposes of this Schedule from the date of entry until payment of the price.
(3) The company shall not—
(a) enter on or take possession of any land under this paragraph without giving to the occupier at least three months’ previous notice in writing of its intention so to do,
(b) exercise any right under this paragraph without giving the occupier of the land in respect of which the right is to be exercised at least three months’ previous notice in writing of its intention so to do.
Service of notice.
4. (1) A notice under this Schedule may be served on any person by sending it by registered post in an envelope addressed to him at his usual or last known address.
(2) Where, for any reason, the envelope cannot be so addressed, it may be addressed to the person for whom it is intended in either of the following ways:
(a) by the description “the occupier” without stating his name,
(b) at the land to which the notice relates.
Deposit of maps, plans, etc.
5. (1) The company shall cause maps, plans and books of reference to be deposited in accordance with this paragraph.
(2) The maps and plans shall be sufficient in quantity and character to show on adequate scales the land or right proposed to be acquired.
(3) The books of reference shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of the land which is proposed to be acquired or in respect of which the right is proposed to be exercised.
(4) The maps, plans and books of reference shall be deposited at the registered office of the company and at such other places as the company considers suitable and shall remain so deposited for at least three months and shall, while so deposited, be open to inspection by any person, free of charge, between the hours of ten o’clock in the morning and four o’clock in the afternoon on every day except Saturdays, Sundays and bank holidays.
Assessment of price.
6. (1) The amount of the price to be paid by the company for any land acquired to the several persons entitled thereto or having estates or interests therein, or for any right acquired to the several persons entitled to or having estates or interests in the land in respect of which the right is exercised, shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 .
(2) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 , shall apply to the said price and to the conveyance to the company of the land or right acquired, and for the purpose of the application the company shall be deemed to be the promoters of the undertaking.
Interpretation.
7. In this Schedule “prescribed” means prescribed by regulations made by the Minister.
THIRD SCHEDULE
Repeal and Revocation of Enactments
Section 7 .
PART I
Repeal of Statutes
Session and Chapter or Number and Year
Short Title
Extent of Repeal
26 & 27 Vict., c. 112.
Telegraph Act, 1863.
Section 9.
In section 12—
the words “The company shall not place a telegraph over, along or across a street or public road, or a post in or upon a street or public road, except with the consent of the body having the control of such street or public road; and”;
the words “or to any mansion,”;
the words “or mansion,”.
In section 13, the words from “Where any landowner” to “Provided, that”.
Section 16.
In section 23—
the words from “stating that they have” to “or public road, and”;
the words from “And they shall not” to “of such advertisement”.
Sections 25, 31, 43, 44, 46, 49, 50, 51 and 53.
29 and 30 Vict., c. 3.
Telegraph Act Amendment Act, 1866.
The whole Act.
31 & 32 Vict., c. 110.
Telegraph Act, 1868.
In section 2, the words from “and the term” to the end of the section.
Sections 4 to 8, 10, 11, 12, 14, 16, 18, 19, 20, 22, 23 and 24.
32 & 33 Vict., c. 73.
Telegraph Act, 1869.
Sections 5 and 7 to 22.
41 & 42 Vict., c. 76.
Telegraph Act, 1878.
In section 10, the word “All” at the beginning of the section.
Section 14.
45 & 46 Vict., c. 74.
Post Office (Parcels) Act, 1882 .
The whole Act, except sections 1 and 14.
48 & 49 Vict., c. 58.
Telegraph Act, 1885.
The whole Act.
54 & 55 Vict., c. 38.
Stamp Duties Management Act, 1891.
Section 7.
54 & 55 Vict., c. 39.
Stamp Act, 1891.
In section 7, the word “duties” where it last occurs.
55 & 56 Vict., c. 59.
Telegraph Act, 1892.
Sections 1, 4(2), 5, 10 and 12.
60 & 61 Vict., c. 41.
Post Office and Telegraph Act, 1897.
The whole Act.
62 & 63 Vict., c. 38.
Telegraph Act, 1899.
Sections 1, 2(2) and 3.
8 Edw. 7, c. 33.
Telegraph (Construction) Act, 1908.
Section 7.
8 Edw. 7, c. 48.
Post Office Act, 1908 .
Sections 1 to 4, 5(3), 10 to 17, 24, 31, 33 to 43, 45, 46, 47, 54 and 56.
In section 65 (2), the words “by order of the Revenue Commissioners”.
Paragraphs (b) and (c) of section 71(1).
Sections 82 to 86 and 88.
1 & 2 Geo. 5, c. 26
Telephone Transfer Act, 1911.
The whole Act.
1 & 2 Geo. 5, c. 39
Telegraph (Construction) Act, 1911.
Sections 4, 5 and 6(2).
3 & 4 Geo. 5, c. 11
Post Office Act, 1913.
The whole Act.
10 & 11 Geo. 5, c. 40.
Post Office Telegraph Act, 1920.
The whole Act.
No. 16 of 1924.
Ministers and Secretaries Act, 1924 .
In Part I of the Schedule, the words in brackets after the reference to the Post Office Savings Bank.
No. 8. of 1927.
Telephone Capital Act, 1927 .
Section 4, and any enactment insofar as it incorporates that section.
No. 10 of 1928.
Telegraph Act, 1928.
The whole Act.
No. 40 of 1936.
Air Navigation and Transport Act, 1936 .
Section 54 .
No. 7 of 1937.
Post Office (Evasion of Postage) Act, 1937 .
In section 1, the definition of the expression “the Minister”.
No. 17 of 1951.
Post Office (Amendment) Act, 1951 .
In Section 1, the definition of the expression “the Minister”.
Sections 5, 6, 8(3), 10 and 11.
No. 27 of 1953.
Telegraph Act, 1953.
The whole Act.
No. 18 of 1969.
Post Office (Amendment) Act, 1969 .
The whole Act.
No. 27 of 1981.
Irish Telecommunications Investments Limited Act, 1981 .
The whole Act.
No. 8 of 1983.
Irish Telecommunications Investments Limited (Amendment) Act, 1983 .
The whole Act.
PART II
Revocation of Statutory Instruments
Number and year
Title
Extent of Revocation
S.R. & O. No. 1138 of 1903.
Money Order Regulations, 1903.
In regulation 20(2), the words “over the Minister for Posts and Telegraphs’ telegraphs”.
S.R. & O. No. 1089 of 1905.
Postal Order (Inland) Regulations, 1905.
In regulation 8, the words “with the concurrence of the Minister for Finance”.
S.R. & O. No. 118 of 1908
Money Order Amendment (No. 2) Regulations, 1908.
In regulation 3, the words “holding office under the State”.
S.R. & O. No. 1532 of 1921.
Post Office Savings Bank Regulations, 1921.
Regulations 18(4) and 44.
In regulation 83(2), the words “by the Controller”.
Regulations 84(2), 84(3), 84(4), 87, 89, 91, 93 and 95 to 97.
S.R. & O. No. 202 of 1939.
Inland Post Warrant, 1939.
Regulations 3(1), 61 to 64 and 66.
S.I. No. 267 of 1949.
Foreign Post Warrant, 1949.
Regulations 3(12), 22, 56, 57 and 60.
S.I. No. 418 of 1953.
Foregin Parcel Post Warrant, 1953.
Regulations 3(1), 23 and 35.
S.I. No. 13 of 1958.
Road Vehicles (Registration and Licensing) Regulations, 1958.
In regulation 1(5), the words from “post office vehicle” to “Telegraphs”.
In regulation 18 (c) and 22(4)(a), the words “or a post office vehicle”.
In regulation 18 (cc), the words “and in the case of a post office vehicle — the Department of Posts and Telegraphs”.
In regulation 19 (3), the words “or in the case of a post office vehicle, on the receipt of an application from a duly authorised officer of the Department of Posts and Telegraphs”.
In regulation 22(4)(b), the words “or a post office vehicle ceases to be used as a post office vehicle”.
S.I. No. 195 of 1980.
Telephone Regulations, 1980.
Regulations 24, 25(1)(b), 25(2), 34 and 36(a).
In regulations 36(b) and 37, the words “in accordance with Regulation 34 of these Regulations”.
In regulation 40(1)(b), the words “in the Iris Oifigiúil and also”.
In regulation 41, the words from “An account prepared” to “the amount so payable”.
In regulation 42, the words from “The Minister” to “agreement” and the words “pursant to the provisions of Regulation 34 of these Regulations”.
In regulation 47, the words “pursant to Regulation 34 of these Regulations”.
Regulations 49 (2), 49 (3) and 50.
S.I. No. 196 of 1980.
Telegraph (Inland Written Telegram) Regulations, 1980.
Regulations 4(2), 24 and 43.
S.I. No. 197 of 1980.
Telex Regulations, 1980.
Regulations 11, 12(1)(b), 12(2), 17 and 19(a).
In regulations 19 and 20, the words “in accordance with Regulation 17 of these Regulations”.
In regulation 23(1)(b), the words “in the Iris Oifigiúil and also”.
In regulation 24, the words from “Any account” to “the amount so payable”.
In regulation 25, the words from “The Minister may” to “in the agreement” and the words “pursuant to Regulation 17 of these Regulations”.
In regulation 29, the words “pursuant to Regulation 17 of these Regulations”.
Regulations 31(2), 31(3) and 32.
S.I. No. 198 of 1980.
Telegraph (Foreign Written Telegram) Regulations, 1980.
In regulation 3, the definition of “the Minister”.
Regulations 18(3) and 25.
S.I. No. 45 of 1982.
District Court (Fees) Order, 1982.
In Article 6, the words “other than the Minister for Posts and Telegraphs”.
FOURTH SCHEDULE
Consequential Amendment of Enachments
Section 8 (1).
PART I
Amendment of Statutes
Session and Chapter or Number and Year
Short Title
Amendment
1 & 2 Vict., c. 98.
Railways (Conveyance of Mails) Act, 1838 .
For references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.
For references to the Post Office or officers or servants of the Post Office there shall be substituted references to An Post or its officers or servants.
In section 4, for “Her Majesty’s” there shall be substituted “its”.
In section 10, for references to the Royal Arms there shall be substituted references to the symbol of An Post.
In section 13, for references to “Her Majesty, Her Heirs and Successors” there shall be substituted references of An Post.
10 & 11 Vict., c. 85.
Post Office (Duties) Act, 1847.
In section 16, for references to the Minister for Posts and Telegraphs and to the Post Office there shall be substituted references to An Post.
20 & 21 Vict., c. 60.
Irish Bankrupt and Insolvent Act, 1857.
In section 312, for references to the Minister for Posts and Telegraphs and the officers acting under him there shall be substituted references to An Post and the officers acting under it.
24 Vict., c. 14
Post Office Savings Bank Act, 1861 .
For references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.
In section 2, the words “nor of any sum not a multiple thereof” shall be deleted.
In section 3, for the words “Post Office” there shall be substituted “office designated by An Post”.
In section 5, for the words “the Office of the Minister for Posts and Telegraphs” there shall be substituted “An Post”.
In section 10, for the words “the chief office of the Minister for Posts and Telegraphs” there shall be substituted “an office designated by An Post”.
In section 11, the words “in his Department” shall be deleted.
26 Vict., c. 14.
Post Office Savings Bank Act, 1863 .
In section 1, for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.
In section 3, for the words “through the Post Office” there shall be substituted “through the post”.
26 & 27 Vict., c. 87.
Trustee Savings Banks Act, 1863.
In section 48, for the words “Post Office” there shall be substituted “Post”.
26 & 27 Vict., c. 112.
Telegraph Act, 1863.
In section 2—
there shall be substituted for the words “Special Act of Parliament” the words “any enactment”; subsection (2) shall be deleted.
In section 10—
the words “has obtained consent to the placing, or by virtue of the powers of the company under this Act” shall be deleted;
there shall be inserted after the word “under” the words “over, along or across or a post in or upon”.
In section 21—
the words from “or place any work under” to “the following provisions” shall be deleted;
the following shall be substituted for paragraph (1):
“(1) Twenty-one days at least before the company proceeds to place any work under, in, upon, over, along or across any land or building they shall publish a notice describing the intended placing of such work by leaving such notice at the land or building affected;”;
the words “by virtue of the authority so conferred” in paragraphs (2) and (3) and paragraph (4) shall be deleted.
In section 22, there shall be inserted after the words “dwelling house” in the first two places where they occur the words “which is not adjoining to or near a street or public road”.
For section 24, there shall be substituted:
“24.—At any time during the next twenty-one days after the publication of a notice under section 21 of this Act or after the last publication of a notice under section 23 of this Act, the owner, lessee or occupier of any land or building affected may give to the company notice of his objection to their intended works as prejudicially affecting such land or building and, if the company and the objector are unable to resolve the matter, the company shall refer it to the arbitrator.”.
In section 26, for the words “such copy of notice of objection, the Board of Trade” there shall be substituted the words “a copy of such notice of objection, the arbitrator”.
For section 27, there shall be substituted:
“27.—On hearing any such objection, the arbitrator—
(1) may if he sees fit award to the owner, lessee or occupier of the property affected full compensation (the amount thereof to be determined, in the case of difference, by the arbitrator) for any damage done to him, or
(2) may require the company to remove its works or to make such modifications or alterations to its works or intended works as he sees fit.”.
In sections 28 and 29, for the words “Board of Trade” there shall be substituted the word “arbitrator”.
In section 32, for the words from “The company shall not” to “the control thereof” there shall be substituted the words “Subject to this Act, where the company intends to proceed with the placing of any work under, in, upon, over, along or across any railway or canal the depth, course and position at and in which the same is to be placed shall be settled between the company and the persons having control of the railway or canal. In the event of disagreement, the matter shall be referred to an arbitrator whose decision shall be final.”.
In section 33, for the words “the Board of Trade” there shall be substituted the words “an arbitrator”.
For section 34, there shall be substituted:
“34.—The reasonable expenses and remuneration of the arbitrator (to be settled in case of difference by the Minister for Posts and Telegraphs) shall be paid by the company.”.
In section 45, for the words from “or improperly divulges” to “twenty pounds” there shall be substituted the words “he shall be guilty of an offence”.
In section 52, the words from “one week from” to the end of the section shall be deleted and the words “such emergency exists” shall be substituted.
31 & 32 Vict., c. 110.
Telegraph Act, 1868.
In sections 3, 9 and 21, for references to the Minister for Posts and Telegraphs there shall be substituted references to Bord Telecom Éireann.
In section 17, for references to the Minister for Posts and Telegraphs there shall be substituted references to Bord Telecom Éireann or An Post acting as its agent.
In section 21, for the words “employed under the Post Office” there shall be substituted “employed by Bord Telecom Éireann or An Post acting as its agent” in both places where those words occur.
31 & 32 Vict., c. 119.
Regulation of Railways Act, 1868 .
In section 36, for references to the Minister for Posts and Telegraphs and the Post Office there shall be substituted references to An Post.
In section 37—
for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post; the words “by the Minister for Posts and Telegraphs or some Secretary or Assistant Secretary to the Post Office, or” shall be deleted.
32 & 33 Vict., c. 73.
Telegraph Act, 1869.
In section 4—
the words from “within” to “herein-after provided” (where those words first occur) and the words “within that kingdom” shall be deleted;
for the words “as herein-after provided” there shall be substituted “as provided by section 87 (1) of the Postal and Telecommunications Services Act, 1983”.
In section 6—
for the words from “shall, on summary conviction,” to “not exceeding five pounds” there shall be substituted “shall be guilty of an offence”;
there shall be inserted after the words “the like penalty”. the words “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 section 4 of this Act or in accordance with the terms and conditions of a licence granted by the Minister for Posts and Telegraphs under section 111 (2) of the Postal and Telecommunications Services Act, 1983.”.
In section 23, for the reference to the Post Office there shall be substituted a reference to Bord Telecom Éireann or An Post acting as its agent.
36 & 37 Vict., c. 48.
Regulation of Railways Act, 1873 .
In sections 18 and 19, for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.
37 & 38 Vict., c. 73.
Post Office Savings Bank Act, 1874 .
In section 2—
for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post;
the words, from “The regulations made” to the end of the section shall be deleted.
In section 3, for the words “shall be laid by the Minister for Posts and Telegraphs” there shall be substituted “shall be submitted by An Post to the Minister for Finance, who shall have it laid”.
38 & 39 Vict., c. 63.
Sale of Food and Drugs Act, 1875 .
In section 16—
for the words “post office” there shall be substituted “post”;
for “regulations” there shall be substituted “schemes”;
for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
39 & 40 Vict., c. 36.
Customs Consolidation Act, 1876 .
In section 215, as amended by section 7 of the Revenue Act, 1889 , for references to the Minister for Posts and Telegraphs and the Post Office there shall be substituted references to An Post.
39 & 40 Vict., c. 52.
Savings Banks (Barrister) Act, 1876 .
In section 2, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
41 & 42 Vict., c. 76.
Telegraph Act, 1878.
In sections 2 to 5, 8, 12 and 13, for references to the Minister for Posts and Telegraphs there shall be substituted references to Bord Telecom Éireann.
In section 3, there shall be deleted the words “a street or public road, or”, the words from “or where any proprietors” to “such railway or canal,”, the words “proprietors, lessees, directors or persons (as the case may be),” and the words “proprietors, lessees, directors or persons”.
In section 4, the words from “or having power” to “a street or public road” shall be deleted.
In sections 6, 7 and 9, for references to the Minister for Posts and Telegraphs or his agents there shall be substituted references to Bord Telecom Éireann or its agents.
In section 7 (8), for the words “post-master or sub-postmaster of the postal telegraph office” there shall be substituted “officer in charge of the office of Bord Telecom Éireann”.
In section 12—
for the words from “a secretary or assistant secretary” to “for the purpose by the Minister for Posts and Telegraphs” there shall be substituted “an officer of Bord Telecom Éireann”;
for the words from “the General Post Office” to “assistant secretary of the Department of Posts and Telegraphs” there shall be substituted “an office designated by Bord Telecom Éireann”;
for the words “the superintending engineer of the Minister for Posts and Telegraphs” there shall be substituted “the district manager”.
43 & 44 Vict., c. 36.
Savings Banks Act, 1880 .
In section 4, for the words “with the consent of the Minister for Posts and Telegraphs” there shall be substituted “in consultation with An Post”.
In section 5, for the reference to the Minister for Posts and Telegraphs in the definition of the expression “savings banks authority” there shall be substituted a reference to An Post.
45 & 46 Vict., c. 74.
Post Office (Parcels) Act, 1882 .
In section 14, for references to the Minister for Posts and Telegraphs and to the Post Office there shall be substituted references to An Post.
46 & 47 Vict., c. 47.
Provident Nominations and Small Intestacies Act, 1883 .
In section 2—
for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post;
for the reference to the General Post Office there shall be substituted a reference to an office designated by An Post.
47 & 48 Vict., c. 76.
Post Office (Protection) Act, 1884 .
In section 11—
for the words from “a misdemeanour” to “two hundred pounds” there shall be substituted the words“an offence”;
the words “a post office, or” and “the post office or” shall be deleted.
50 & 51 Vict., c. 40.
Savings Banks Act, 1887 .
In section 1, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
53 & 54 Vict., c. 59.
Public Health Acts Amendment Act, 1890.
In section 15 (1), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to Bord Telecom Éireann.
54 & 55 Vict., c. 21.
Savings Banks Act, 1891 .
In section 12 (2), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
55 & 56 Vict., c. 59.
Telegraph Act, 1892.
In sections 4, 6 and 9, for references to the Minister for Posts and Telegraphs there shall be substituted references to Bord Telecom Éireann.
In section 4(1)—
there shall be inserted after the word “required” where it occurs for the first time the words “or any road authority or persons having control over any railway or canal with whom the placing of the telegraphic line would have been required to be settled”;
there shall be inserted after the word “building” the words “railway or canal”;
there shall be inserted after the word “consent” where it occurs “or were otherwise a difference”.
56 & 57 Vict., c. 38.
Conveyance of Mails Act, 1893 .
For references to the Minister for Posts and Telegraphs and the Post Office there shall be substituted references to An Post.
In section 1, the words “or under the Post Office (Parcels) Act, 1882 ,” and the words from “and this provision” to the end of the section shall be deleted.
In section 2 (3), for the words “who is at the time either Minister for Posts and Telegraphs or a secretary or assistant secretary of the Post Office or the Inspector General of Mails” there shall be substituted “who is so authorised by An Post”.
62 & 63 Vict., c. 38.
Telegraph Act, 1899.
In section 2 (1), after the words “the Minister for Posts and Telegraphs” there shall be inserted “or Bord Telecom Éireann”.
4 Edw. 7, c. 8.
Savings Banks Act, 1904 .
For references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.
8 Edw. 7, c. 8.
Post Office Savings Bank Act, 1908 .
In sections 1, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
8 Edw. 7, c. 33.
Telegraph (Construction) Act, 1908.
In sections 3 and 5, for references to the Minister for Posts and Telegraphs there shall be substituted references to Bord Telecom Éireann.
8 Edw. 7, c. 48.
Post Office Act, 1908 .
In sections 18, 19, 21, 23, 25, 27, 32, 49 (1), 64, 74, 79 (4), 80 and 81 (1), for references to the Minister for Posts and Telegraphs or officers of the Minister there shall be substituted references to An Post or its officers.
In sections 8, 9, 23, 26, 27, 28, 30, 32, 50, 51, 53, 55, 63 (1) and 87, for references to the Post Office or officers of the Post Office there shall be substituted references to An Post or its officers.
References to Post Office regulations or to any warrant or regulations made under the Act shall be construed as references to a scheme made under section 70 of the Postal and Telecommunications Services Act, 1983.
In sections 44 (1), 48, 49 (2), 49 (3), 62 (1), 66, 73 and 76, for references to the Minister for Posts and Telegraphs or officers of the Minister there shall be substituted references to An Post or Bord Telecom Éireann or their officers, as the case may require.
In sections 44 (1), 58, 67, 73 and 78, for references to the Post Office or officers of the Post Office there shall be substituted references to An Post or Bord Telecom Éireann or their officers, as the case may require.
In sections 7 (1), 74 and 87, references to “this Act” shall be construed as including the Postal and Telecommunications Services Act, 1983.
In section 7 (1), for the words “in like manner” to the end of the subsection there shall be substituted “in any court of competent jurisdiction as if it were a simple contract debt”.
In section 9—
the words “, British colonial,” shall be deleted and after the word “foreign” there shall be inserted “postal administration”;
for the words from “as postage” to the end of the section there shall be substituted “as if it were a simple contract debt”.
In section 21—
for the reference to the General Post Office in Dublin there shall be substituted a reference to the registered office of An Post;
the words “not exceeding twenty-five pence” shall be deleted.
In section 23 (1), there shall be deleted the words “So long as the Minister for Finance sees fit,” and “for the use of the State” and the words from “and all poundage” to the end of the subsection.
In section 23 (3), the words “or the Post Office Revenue, or the Central Fund,” shall be deleted.
In section 23, there shall be inserted the following subsection:
“(5) For the purposes of this section the expression ‘money order’ shall include a postal order.”.
In section 50, after paragraph (b), there shall be inserted the following paragraph:—
“(bb) steals a postal packet from a mail box; or”.
In section 50 (c), after the words “by post”, there shall be inserted “or in a mail box”.
After section 53 there shall be inserted the following new section:—
“53A—Any person who unlawfully and maliciously damages or interferes with a mail box shall be guilty of an offence.”.
In section 62 (1), after the words “in or on” there shall be inserted “or in association or conjunction with”.
In section 62 (2), for the words from “shall be liable” to “shillings” there shall be substituted “shall be guilty of an offence”.
In section 63 (3), for the words “in the Post Office” there shall be substituted “by An Post”.
In section 66 (1) (a), the word “postal” before “telegraph office” shall be deleted.
In section 67, after the words “post office” there shall be inserted “or office of Bord Telecom Éireann”.
In section 73, the words “, without in either case naming the person who is Minister for Posts and Telegraphs,” shall be deleted.
In section 79 (4), the words “Scotland or” and “out of moneys provided by Parliament” shall be deleted.
In section 81 (2)—
for the words “the Minister for Posts and Telegraphs or any secretary or assistant secretary of the Post Office” there shall be substituted “an authorised officer of An Post”;
for the second reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
In section 87, at (b) of the proviso, the words “not exceeding the maximum amount fixed by this Act for postal orders,” shall be deleted.
In section 89—
in the definition of the expression “postage”, for the word “duty” there shall be substituted “sum”;
the definition of the expression “inland” shall be deleted;
in the definition of the expression “mail”, for the reference to the Post Office there shall be substituted a reference to An Post;
in the definition of the expression “officer of the Post Office”, for the references to the Post Office and the second reference to the Minister for Posts and Telegraphs there shall be substituted references to An Post and the words “the Minister for Posts and Telegraphs, and” shall be deleted;
there shall be inserted a new definition as follows:
“The expression ‘officer of Bord Telecom Éireann’ includes any person employed in any business of Bord Telecom Éireann whether employed by Bord Telecom Éireann or by any person under it or on its behalf:”;
in the definition of the expression “post office”, for the reference to the Post Office there shall be substituted a reference to An Post;
in the definition of the expression “post office letter box”, for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post;
for the definition of the expression “the purpose of the Post Office”, there shall be substituted the following:
“The expression ‘the purpose of An Post’ means any purpose of any of the Post Office Acts or of any Acts for the time being in force relating to money orders, telegraphs or Post Office savings banks, and includes any purpose relating to or in connection with the execution of the duties for the time being undertaken by An Post or any of its officers:”;
the definition of the expression “Post Office regulations” shall be deleted;
there shall be inserted a new definition as follows:
“The expression ‘the purpose of Bord Telecom Éireann’ means any purpose of any of the Post Office Acts or of any Acts for the time being in force relating to telegraphs and includes any purpose relating to or in connection with the execution of the duties for the time being undertaken by Bord Telecom Éireann or any of its officers:”.
In section 90 (c), after the words “that person’s postal packets,” there shall be inserted “or under an arrangement authorised under the provisions of section 65 of the Postal and Telecommunications Services Act, 1983,”.
9 Edw. 7, c. 20.
Telegraph (Arbitration) Act, 1909.
In section 1—
for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to Bord Telecom Éireann;
there shall be inserted after the word “licence” the words “granted by Bord Telecom Éireann”;
there shall be inserted after the word “agreement” the words “to which Bord Telecom Éirann is a party”.
1 & 2 Geo. 5, c. 39.
Telegraph (Construction) Act, 1911.
In sections 1, 2 and 3, for references to the Minister for Posts and Telegraphs there shall be substituted references to Bord Telecom Éireann.
1 & 2 Geo. 5, c. 48.
Finance Act, 1911 .
In section 20, for the references to the Minister for Posts and Telegraphs there shall be substituted a references to An Post.
3 & 4 Geo. 5, c. 27.
Forgery Act, 1913.
In section 18 (1), for references to the Post Office money orders and postal orders in the definition of “revenue paper”, there shall be substituted a reference to money orders and postal orders issued by An Post.
6 & 7 Geo. 5, c. 40.
Telegraph (Construction) Act, 1916.
In section 1, 2 and 4, for references to the Minister for Posts and Telegraphs there shall be substituted references to Bord Telecom Éireann.
6 & 7 Geo. 5, c. 50.
Larceny Act, 1916 .
In section 12 and 18, for the references to the Post Office there shall be substituted references to An Post.
10 & 11 Geo. 5, c. 12.
Savings Bank Act, 1920 .
In section 3, 6 and 10, for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.
In section 6(1), after the word “laid” there shall be substituted the words “by the Minister for Finance”.
No. 12 of 1923.
Electoral Act, 1923 .
In rule 3 (5) of the Fourth Schedule, for the references to the post office date stamp there shall be substituted a references to the date stamp of An Post.
In rule 1 (2) of the Fifth Schedule, as amended by the Electoral Act, 1963 , for the reference to post office notices there shall be substituted a reference to notices of An Post.
No. 38 of 1923.
Prevention of Electoral Abuses Act, 1923 .
In section 50 (1), for the words “regulations to be made from time to time by the Minister for Posts and Telegraphs” there shall be substituted “such conditions as may be determined by An Post”.
In section 50 (2), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
No. 17 of 1925.
Firearms Act, 1925 .
In section 19 , for the reference to the Minister for Posts and Telegraphs there shall be substituted reference to An Post.
No. 26 of 1925.
Shannon Electricity Act, 1925 .
In section 17 , for the reference to the Minister for Posts and Telegraphs and the Department of Posts and Telegraphs there shall be substituted reference to An Post or Bord Telecom Éireann, as the case may require.
No. 28 of 1925.
Finance Act, 1925 .
In sections 37 (3) and 37 (5), for references to the Post Office and the Minister for Posts and Telegraphs there shall be substituted references to An Post.
No. 27 of 1927.
Electricity (Supply) Act, 1927 .
In section 112 , for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to Bord Telecom Éireann.
No. 27 of 1931.
Betting Act, 1931 .
In sections 23 and 29 , for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post or Bord Telecom Éireann.
In section 34 (1), for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.
In section 34 (2), for the words “the Minister for Posts and Telegraphs” there shall be substituted “Bord Telecom Éireann or An Post acting as its agent”.
In section 34 (2), for the word “him” there shall be substituted the words “Bord Telecom Éireann or An Post”.
No. 2 of 1932.
Road Transport Act, 1932.
In section 24 (3), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
No. 8 of 1933.
Road Transport Act, 1933 .
In sections 2 and 66 (2), for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.
No. 38 of 1934.
Electricity (Supply) (Amendment) (No. 2) Act, 1934 .
In section 9 , for “the Minister for Posts and Telegraphs” and “the Department of Posts and Telegraphs” there shall be substituted “An Post or Bord Telecom Éireann, as the case may be”.
No. 54 of 1936.
Liffey Reservoir Act, 1936 .
In sections 14 and 27 , for “the Minister for Posts and Telegraphs” and “the Department of Posts and Telegraphs” there shall be substituted “An Post or Bord Telecom Éireann, as the case may be”.
No. 7 of 1937.
Post Office (Evasion of Postage) Act, 1937 .
In sections 3 , 4 and 5 , for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.
In section 5, the reference to any warrant or regulations made under the Post Office Act, 1908 shall be construed as a reference to a scheme made under section 70 of the Postal and Telecommunications Services Act, 1983.
No. 30 of 1937.
Seanad Electoral (University Members) Act, 1937 .
In section 28 , for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
In rule 5 of the Second Schedule, for the references to the post office date stamp there shall be substituted a references to the date stamp of An Post.
No. 32 of 1937.
Presidential Elections Act, 1937 .
In section 34 (1), for the words “regulations made under this section by the Minister for Posts and Telegraphs” there shall be substituted “such conditions as may be determined by An Post”.
In section 34 (3), for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.
In section 34 (4), for the words “Regulations made by the Minister for Posts and Telegraphs under this section may make provision” there shall be substituted “Such conditions as may be determined by An Post may require”.
No. 4 of 1938.
Shops (Conditions of Employment) Act, 1938 .
In section 4 (2) (b), for references to the Minister for Posts and Telegraphs and Post Office there shall be substituted references to An Post.
No. 14 of 1940.
Finance Act, 1940 .
In section 30 , for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.
In section 31 (3) (e), (f) and (g), for references to the Minister for Posts and Telegraphs there shall be substituted references to the Minister for Finance.
No. 8 of 1942.
Referendum Act, 1942 .
In rules 3 and 4 of the First Schedule, for references to the Minister for Posts and Telegraphs and the Post Office there shall be substituted references to An Post.
No. 14 of 1942.
Finance Act, 1942 .
In section 23 —
paragraphs (b) and (c) of subsection (1) shall be deleted;
in subsection (3), for the words from “The Minister for Posts and Telegraphs” to “Minister for Finance” there shall be substituted “The Minister for Finance may by order”.
No. 22 of 1942.
Central Bank Act., 1942.
In section 56 (5), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
No. 21 of 1944.
Transport Act, 1944 .
In section 109 (1), for “the Minister for Posts and Telegraphs” there shall be substituted “An Post or Bord Telecom Éireann, as the case may be”.
No. 12 of 1945.
Electricity (Supply) (Amendment) Act., 1945.
In section 44, for “the Minister for Posts and Telegraphs” in both places where that expression occurs and “the Department of Posts and Telegraphs” there shall be substituted “An Post or Bord Telecom Éireann, as the case may be”.
No. 10 of 1946.
Turf Development Act, 1946 .
In section 26 , for “the Minister for Posts and Telegraphs” and “the Department of Posts and Telegraphs” there shall be substituted “An Post or Bord Telecom Éireann, as the case may be”.
No. 42 of 1947.
Seanad Electoral (Panel Members) Act, 1947 .
In section 84 , for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
In rule 6 of the First Schedule and in rule 6 of the Third Schedule, for references to the post office date stamp there shall be substituted references to the date stamp of An Post.
No. 12 of 1950.
Transport Act, 1950 .
In sections 26 (4) and 64 (1), for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.
In section 62, for references to the Minister for Posts and Telegraphs there shall be substituted references to Bord Telecom Éireann.
In section 63, for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post or Bord Telecom Éireann, as the case may require.
No. 17 of 1951.
Post Office (Amendment) Act, 1951 .
For references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.
In section 9 (3), for the references to the General Post Office in Dublin there shall be substituted a reference to the registered office of An Post.
In section 12 (3), the word “postal” shall be deleted.
For section 13 (1), there shall be substituted:
“(1) A person who—
(a) sends, by means of the telecommunications system operated by Bord Telecom Éireann, any message or other matter which is grossly offensive or of an indecent, obscene or menacing character, whether addressed to an operator or any other person, or
(b) sends by those means, for the purpose of causing annoyance, inconvenience or needless anxiety to another, a message which he knows to be false or persistently makes use of those means for that purpose,
shall be guilty of an offence.”.
No. 1 of 1952.
Undeveloped Areas Act, 1952 .
In Article 12 of the Second Schedule, for “the Minister for Posts and Telegraphs” and “the Department of Posts and Telegraphs” there shall be substituted “An Post or Bord Telecom Éireann, as the case may be”.
No. 30 of 1954.
Exchange Control Act, 1954 .
In section 18 (2), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
No. 2 of 1956.
Gaming and Lotteries Act, 1956 .
In section 49 (1), for “The Minister for Posts and Telegraphs”there shall be substituted “An Post or Bord Telecom Éireann, as the case may require”.
No. 19 of 1958.
Transport Act, 1958 .
In section 3 , for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
No. 23 of 1958.
Savings Banks Act, 1958 .
In section 1 , in the definition of the expression “the Minister” for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to the Minister for Finance.
In section 5 (2), the words “for Finance” shall be deleted and after “1861” there shall be inserted “by An Post with the consent of the Minister”.
No. 23 of 1963.
Finance Act, 1963 .
In section 33 , for the reference to the Post Office there shall be substituted a reference to An Post.
No. 6 of 1967.
Income Tax Act, 1967 .
In section 175 (3), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
No. 39 of 1976.
Wildlife Act, 1976 .
In section 53 (4), for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.
No. 30 of 1977.
European Assembly Elections Act, 1977 .
In section 20 (2), for the reference to the Minister for Posts and Telegraphs, there shall be substituted a reference to An Post.
In rules 18 (1) and 18 (2) of the First Schedule, for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.
In rule 26 (4) of the First Schedule, for the reference to the post office date stamp there shall be substituted a reference to the date stamp of An Post.
No. 40 of 1979.
Payment of Wages Act, 1979 .
In section 3 (3) (d), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
No. 16 of 1980.
Sale of Goods and Supply of Services Act, 1980 .
In section 48 (4), for the words “telephone directory” there shall be substituted the word “directories” and for the reference to the Department of Posts and Telegraphs there shall be substituted a reference to Bord Telecom Éireann.
No. 1 of 1981.
Social Welfare (Consolidation) Act, 1981 .
In sections 112 (1) and 232(2), for the words “with the consent of the Minister for Posts and Telegraphs” there shall be substituted “in consultation with An Post” and for references to the Post Office there shall be substituted references to An Post.
In section 170, for the words “in conjunction with the Minister for Posts and Telegraphs” there shall be substituted “in consultation with An Post” and for references to the Post Office there shall be substituted references to An Post.
In sections 189 (2) and 248, for the words “with the consent of the Minister for Posts and Telegraphs” there shall be substituted “in consultation with An Post”.
In section 234 (b) (v), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to Bord Telecom Éireann.
In section 249, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An post.
No. 9 of 1981.
Malicious Injuries Act, 1981 .
In section 12 (3), for the words “post office money orders” there shall be substituted “money orders issued by An Post”.
No. 30 of 1981.
Fire Services Act, 1981 .
In section 12 , for references to the Minister for Posts and Telegraphs there shall be substituted references to Bord Telecom Éireann.
FOURTH SCHEDULE
PART II
Amendment of Statutory Instruments
Number and Year
Title
Amendment
—
Foreign Parcels (Customs) Warrant, 1885.
For references to the Minister for Posts and Telegraphs and the Post Office there shall be substituted references to An Post.
S.R. & O. No. 1138 of 1903.
Money Order Regulations, 1903.
In regulation 3(3)(a), for the reference to £50 there shall be substituted a reference to £100.
In regulation 4, for the reference to the Chief Money Order Office in London there shall be substituted a reference to a nominated office of An Post; for the words from “authorised” to “thereunder” there shall be substituted “fixed by schemes of Bord Telecom Éireann”.
In regulation 9, for the reference to the Chief Money Order Office in London there shall be substituted a reference to a nominated office of An Post.
In regulation 16, for the words “the Minister for Posts and Telegraphs” there shall be substituted “such officer of An Post as is nominated for the purpose of this regulation”.
In regulations 23(d), 27, 28(2)(b) and 28(4), for the words from “the Telegraph Acts” to “thereunder” there shall be substituted “schemes made by Bord Telecom Éireann”.
In regulation 28(5), for the words “the post office” there shall be substituted “An Post or Bord Telecom Éireann”.
In regulation 28(6), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post or Bord Telecom Éireann.
In regulation 29, for the reference to the Accountant, General Post Office, Dublin there shall be substituted a reference to an authorised officer of An Post.
S.R. & O. No. 1089 of 1905.
Postal Order (Inland) Regulations, 1905.
In regulation 3, the words “holding office under the State” shall be deleted and there shall be inserted after the word “officers” the words “or persons”.
In regulation 17, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to such officer of An Post as is nominated for the purpose.
S.R. & O. No. 118 of 1908.
Money Order Amendment (No. 2) Regulations, 1908.
In regulation 5, for the reference to the office of the Post Office Accountant in Dublin there shall be substituted a reference to a nominated office of An Post.
S.R. & O. No. 524 of 1914.
Inland Revenue and Post Office (Powers and Duties) Order, 1914.
For the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
S.R. & O. No. 1532 of 1921.
Post Office Savings Bank Regulations, 1921.
For references to the Post Office, where they occur other than in the expression “Post Office Savings Bank”, there shall be substituted references to An Post.
For references to the Controller of the Post Office Savings Bank (except in regulation 29 (2)) there shall be substituted references to a nominated officer of An Post.
In regulation 2, the following shall be inserted: “The expression ‘postmaster’ includes an officer in charge of a Savings Bank office.”.
In regulation 4 (1) (b), for the words “Post Offices which the Minister for Posts and Telegraphs” there shall be substituted “offices which An Post”.
Regulation 4 (2) (4) shall be deleted.
In regulation 12 (2), for the words “the Minister for Posts and Telegraphs” there shall be substituted “the Minister for Finance after consultation with An Post”.
In regulation 29 (1), for the reference to £50 there shall be substituted a reference to £100.
In regulation 29 (2), the words “the Controller of the Post Office Savings Bank, or by” and “other” shall be deleted.
In regulation 52, for the words from “the Telegraph Acts” to “there-under” there shall be substituted “a scheme made by Bord Telecom Éireann”.
S.R. & O. No. 2001 of 1921.
Old Age Pensions Consolidated Regulations, 1921.
In regulation 30, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
S.R. & O. No. 31 of 1925.
Revenue and Post Office (Powers and Duties) (No. 2) Order, 1925.
In Article 3, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
—
Savings Certificates Rules, 1926.
For references to the Minister for Posts and Telegraphs there shall be substituted references, to An Post, save in rules 4 and 46, where there shall be substituted references to the Minister for Finance.
For references to the Accountant, Department of Posts and Telegraphs there shall be substituted references to a nominated officer of An Post.
—
In rule 2—
for the words “the Minister for Posts and Telegraphs” there shall be substituted “An Post with the consent of the Minister for Finance”;
the following shall be inserted:
“The expression ‘An Post’, for the purposes of rules 7, 10, 11 and 42, includes other agents authorised to transact Savings Certificates business.”.
In rule 4, for the reference to officers of the Department of Posts and Telegraphs there shall be substituted a reference to officers of An Post.
In rule 46 (5), for the words “nor the Minister for Posts and Telegraphs” there shall be substituted “nor An Post”
S.R. & O. No. 202 of 1939.
Inland Post Warrant, 1939.
In regulation 16, for the reference to the General Post Office, Dublin there shall be substituted a reference to the registered office of An Post.
In entry number 4 in column 1 of the First Schedule, for the reference to the General Post Office there shall be substituted a reference to the registered office of An Post.
S.R. & O. No. 336 of 1940.
Trustee Savings Banks Regulations, 1940.
In regulation 8 (1), for the reference to the Department of Posts and Telegraphs there shall be substituted a reference to the Department of Finance.
In regulations 9, 10, 11 and 12, for references to the Secretary of the Department of Posts and Telegraphs there shall be substituted references to the Secretary of the Department of Finance.
S.R. & O. No. 363 of 1940.
Savings Certificates (Fees on Determination of Disputes) Order, 1940.
In Article 3, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
S.R. & O. No. 152 of 1943.
Insurance (Intermittent Unemployment) (Powers in relation to Supplementary Insurance Stamps) Order, 1943.
In Article 2, for the words “the Minister for Posts and Telegraphs to the exclusion of” there shall be substituted “An Post concurrently with”.
S.R. & O. No. 434 of 1943.
Intermittent Unemployment (Supplementary Insurance Stamps) Regulations, 1943.
In the Schedule, under the heading for the Stamp Duties Management Act, 1891—
for references to the Minister for Posts and Telegraphs and the Department of Posts and Telegraphs there shall be substituted references to An Post;
in the entry for section 18, for the words “he may by warrant under his hand” there shall be substituted “it may, subject to section 69 (8) of the Postal and Telecommunications Services Act, 1983,”.
S.R. & O. No. 137 of 1947.
Customs-Free Airport (Customs and Excise) Regulations, 1947.
In regulation 13, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
S.I. No. 170 of 1948.
Infectious Diseases (Shipping) Regulations, 1948.
In regulation 35, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
S.I. No. 320 of 1949.
Wireless Telegraphy (Business Radio Licence) Regulations, 1949.
In the First Schedule and in paragraph 14 (3) of the Second Schedule, for the words “the Minister’s privileges under the Telegraph Acts, 1863-1928” there shall be substituted “the privilege of Bord Telecom Éireann under section 87 of the Postal and Telecommunications Services Act, 1983”.
S.I. No. 37 of 1957.
Newspapers (Special Service for Conveyance by Post Office Mail Vans) Warrant, 1957.
In regulation 3—
the words from “‘the Minister’ means” to “Posts and Telegraphs” and the words “with the consent of the Minister for Finance pursuant to the Post Office Act, 1908 ” shall be deleted;
for the reference to Post Office mail vans there shall be substituted a reference to mail vans of An Post.
In regulation 5, for the reference to a Post Office starting point of the mail motor vans there shall be substituted a reference to a starting point designated by An Post for mail motor vans.
S.I. No. 236 of 1957.
Savings Certificates (Savings Gift Tokens) Rules, 1957.
In rule 2 (1), for the words “at a Post Office approved of by the Minister for Posts and Telegraphs” there shall be substituted “at an office of An Post approved by the Minister for Finance”.
In rule 2 (2), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
In rule 3—
for the reference to officers of the Department of Posts and Telegraphs there shall be substituted a reference to officers of An Post;
for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to the Minister for Finance.
S.I. No. 128 of 1965.
Local Elections Regulations, 1965.
In regulation 33 (6), for the reference to the Post Office date stamp there shall be substituted a reference to the date stamp of An Post.
S.I. No. 19 of 1966.
Savings Banks (Disputes) Order, 1966.
In the Schedule, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.
S.I. No. 228 of 1968.
Trustee Savings Banks Regulations, 1968.
In regulations 3 and 5, for references to the Minister for Posts and Telegraphs there shall be substituted references to the Minister.
In regulations 7, 8 and 9, for references to the Secretary of the Department of Posts and Telegraphs there shall be substituted references to the Secretary of the Department of Finance.
S.I. No. 67 of 1974.
Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations, 1974.
In Article 6 of the Schedule, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to Bord Telecom Éireann.
S.I. No. 32 of 1979.
Misuse of Drugs Regulations, 1979.
In Article 11, for the reference to the Minister for Posts and Telegraphs, there shall be substituted a reference to An Post.
S.I. No. 195 of 1980.
Telephone Regulations, 1980.
In regulation 4, in the following definitions—
“call office”, for the expression “the Minister”, there shall be substituted “Bord Telecom Éireann or An Post, as the case may require”;
“certified”, for the words “the Minister or by a duly authorised officer of the Department of Posts and Telegraphs”, there shall be substituted “an officer of Bord Telecom Éireann” and the words “and any such certificate shall be prima facie evidence of the matter certified” shall be deleted;
for the definition of “coin-box” there shall be substituted: “‘coin-box’ means a receptacle for coins connected to a telephone instrument which is connected to an exchange line provided under an agreement;”;
the following definition shall be inserted:
“‘fixtures and accessories’ means fixtures and accessories supplied by Bord Telecom Éireann in connection with an exchange line or private telephone circuit supplied by it;”;
the definition of “the Minister” shall be deleted.
At the end of regulation 26 (1), there shall be inserted the following—
“provided that the foregoing shall not operate to prevent licensees of the Minister for Posts and Telegraphs from connecting type-approved apparatus to the connecting point of the telegraphic line supplied by Bord Telecom Éireann”.
In regulation 54—
for “the Minister” there shall be substituted “Bord Telecom Éireann or An Post, as the case may require”;
for references to “a Post Office” there shall be substituted references to “an office of An Post or Bord Telecom Éireann or of an agent of either company”;
for “an officer of the Post Office” there shall be substituted “an officer of An Post or Bord Telecom Éireann”.
S.I. No. 196 of 1980.
Telegraph (Inland Written Telegram) Regulations, 1980.
In regulation 3—
in the definition of “overnight telegram” for references to the Minister there shall be substituted references to Bord Telecom Éireann or An Post acting as its agent;
the definition of “the Minister” shall be deleted.
In regulation 11, for the reference to the Minister there shall be substituted a reference to Bord Telecom Éireann with the consent of An Post.
In regulation 22, for “the Secretary of the Department of Posts and Telegraphs, Dublin 1,” there shall be substituted “Bord Telecom Éireann or An Post, as the case may require”.
In regulation 25, for the words from “the Minister” to “as he” there shall be substituted “Bord Telecom Éireann or An Post acting as its agent and subject to such directions (if any) as it”.
In regulation 30 (c), for the word “Postmaster” there shall be substituted “officer-in-charge”.
In regulations 33, 35 and 37, for “the Minister” there shall be substituted “Bord Telecom Éireann or An Post, as the case may require”.
In regulation 40 (3) (b), for the reference to the General Post Office in Dublin there shall be substituted a reference to the registered office of An Post.
S.I. No. 197 of 1980.
Telex Regulations, 1980.
In regulation 4—
in the definition of “certified”, for “The Minister” there shall be substituted “an officer of Bord Telecom Éireann”;
the following shall be inserted:
“‘fixtures and accessories’ means fixtures and accessories supplied by Bord Telecom Éireann in connection with an installation supplied by it;”;
the definition of “the Minister” shall be deleted.
At the end of regulation 13 (2), there shall be inserted the following:
“provided that the foregoing shall not operate to prevent licensees of the Minister for Posts and Telegraphs from connecting type-approved sending and receiving apparatus to the connecting point of a telex line supplied by Bord Telecom Éireann”.
In regulation 35 (2), there shall be inserted after the word “installation” the words “or sending and receiving apparatus supplied by a licensee of the Minister for Posts and Telegraphs”.
In regulation 36 (1), there shall be inserted after the word “thereof” the words “or sending and receiving apparatus supplied by a licensee of the Minister for Posts and Telegraphs”.
In regulation 36 (2), there shall be inserted after the word “installation” the words “or sending and receiving apparatus supplied by a licensee of the Minister for Posts and Telegraphs”.
S.I. No. 198 of 1980.
Telegraph (Foreign Written Telegram) Regulations, 1980.
In regulations 5 (3), 5 (4) (b) and 10, for references to the Minister there shall be substituted references to Bord Telecom Éireann or An Post acting as its agent.
In regulation 6, for the words “the Department” there shall be substituted “Bord Telecom Éireann or An Post”.
In regulation 13—
for the words “may be” there shall be substituted “which are”;
for the words “, recognised for the purposes of these Regulations by the Minister. They” there shall be substituted “to which the Geneva Conventions of 1949 relate”.
In regulations 15 and 16, for references to the Minister there shall be substituted references to Bord Telecom Éireann with the consent of An Post.
In Regulation 18 (1), after the word “addressed” there shall be inserted the words “by an authorised representative and only”.
S.I. No. 8 of 1982.
Wireless Telegraphy (Personal Radio Licence) Regulations, 1982.
In regulation 17, for the words “the Minister’s privileges under the Telegraph Acts, 1863 to 1953” there shall be substituted “the privilege of the Minister under section 4 of the Telegraph Act, 1869, or the privilege of Bord Telecom Éireann under section 87 of the Postal and Telecommunications Services Act, 1983”.
S.I. No. 321 of 1982.
Misuse of Drugs (Safe Custody) Regulations, 1982.
In Article 4 (2) (d), for the reference to the Minister for Posts and Telegraphs, there shall be substituted a reference to An Post.
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
(c) by the substitution for subsection (3) of the following subsections:
“(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.
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,
or
(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.
(c) The nominated officer shall maintain a record of any authorisations given under paragraph (b).
(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,
(c) shall specify—
(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,
or
(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
(c) 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.
(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,
(c) in the interests of the security of the State,
(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.