PART IV

THE POSTAL COMPANY

62. —In this Part “company” means 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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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 .

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.