Chapter 1
Interpretation and general
6.
6.—
(1)
In this Part—
“access point” means any box, receptacle or other facility, including post boxes, provided for the
public either on the public road or at a post office, where postal packets, or any
class of postal packets, may be deposited with a postal service provider by senders
for transmission by post;
“Act of 1983” means the Postal and Telecommunications Services Act 1983;
“authorisation” means an authorisation to provide a postal service pursuant to section 38;
“addressee”, in relation to a postal packet, means the person to whom it is addressed;
“clearance” means the operation of collecting postal packets by a postal service provider for
transmission, including to places outside the State;
“Commission” means Commission for Communications Regulation;
“cross-border mail” means mail from or to another Member State or from or to a third country;
“Directive” means Directive 97/67/EC of the European Parliament and of the Council of 15 December
1997 on common rules for the development of the internal market of Community postal
services and the improvement of quality of service, as amended;
“distribution” means the process from sorting of postal packets at the distribution centre to delivery
of postal packets to their addressees;
“enactment” has the meaning assigned to it by the Interpretation Act 2005;
“mail bag” includes any form of container or covering in which postal packets in the course
of transmission by post are enclosed by a postal service provider for the purpose
of conveyance, whether or not it contains any such postal packets;
“post box” means any receptacle provided by a postal service provider for the purpose of receiving
postal packets, or any class of postal packets, for transmission by post;
“post office” includes any house, building, room or place used, whether exclusively or otherwise,
for the provision of a postal service by a postal service provider;
“postage” means the sum chargeable for the transmission of postal packets;
“postal network” means the system of organisation and resources of all kinds used by a universal postal
service provider for the purposes, in particular, of—
(a)
the clearance of postal packets,
(b)
the routing and handling of those postal packets from the access point to the distribution
centre, and
(c)
the distribution to the addresses shown on postal packets;
“postal packet” means an item addressed in the final form in which it is to be carried by a postal
service provider and includes a letter, parcel, packet or any other article transmissible
by post;
“postal service provider” means any person providing one or more than one postal service;
“postal services” means services involving the clearance, sorting, transport and distribution of postal
packets;
“postal service user” means any person benefiting from postal service provision as a sender or as an addressee;
“postal service within the scope of the universal postal service” shall be read in accordance with section 37;
“Principal Act” means the Communications Regulation Act 2002;
“public road” has the same meaning as in section 2 of the Roads Act 1993;
“publish” means make available to the public;
“quality of service standards” has the meaning given to it by section 32;
“sender” means a person responsible for originating postal packets;
“sharing mechanism” shall be read in accordance with section 36;
“statutory auditor” has the meaning assigned to it by the European Communities (Statutory Audits) (Directive
2006/43/EC) Regulations 2010 (S.I. No. 220 of 2010);
“statutory audit firm” has the meaning assigned to it by the European Communities (Statutory Audits) (Directive
2006/43/EC) Regulations 2010 (S.I. No. 220 of 2010);
“terminal dues” means the remuneration of a universal postal service provider for the distribution
of incoming cross-border mail comprising postal packets from another Member State
or from a third country;
“universal postal service” shall be read in accordance with section 16;
“universal postal service provider” means any postal service provider for the time being designated under section 17or18.
(2)
A word or expression used in this Part and in the Directive or, as the case may be,
in Directive 2008/6/EC of the European Parliament and of the Council of 20 February
2008, has, unless the contrary intention appears, the same meaning in this Part as
in the Directive or, as the case may be, in Directive 2008/6/EC.
(3)
For the purposes of this Part—
(a)
a postal packet shall be deemed to be in the course of transmission by post from the
time of its being presented at an access point to the time of its being delivered,
(b)
the delivery of a postal packet of any description to any 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—
(i)
at the premises to which it is addressed or redirected, unless the premises are a
post office from which the postal packet is to be collected,
(ii)
to any box or receptacle to which the occupier of those premises has agreed that postal
packets addressed to persons at those premises may be delivered, or
(iii)
to the addressee or to the addressee’s agent or to any other person considered to be authorised to receive the postal packet,
shall be a delivery to the addressee.
7.
Service of notices under this Part.
7.—
(1)
Subject to subsection
(3), a notice or notification required to be given to a person by the Commission by or
under this Part, shall be addressed to the person by name and shall be given to the
person in one of the following ways—
(a)
by delivering it to the person,
(b)
by leaving it at the address at which the person ordinarily resides or carries on
business,
(c)
by sending it by post in a prepaid registered letter addressed to the person at the
address at which he or she ordinarily resides or carries on business,
(d)
if an address for the service of notices or notifications has been furnished by the
person, by leaving it at, or sending it by prepaid registered post addressed to the
person to, that address,
(e)
where there is a facility for receiving a copy of the notice or notification by electronic
mail or a facsimile of the notice or notification by electronic means at the address
at which the person ordinarily resides or carries on business, by sending a copy of
the notice or notification by electronic mail or a facsimile of the notice or notification
by such means to that address, provided that the notice is also served or given in
any of the other ways referred to in this subsection other than this paragraph.
(2)
For the purposes of this section, a company registered under the Companies Acts shall
be deemed to be ordinarily resident at its registered office, and every other body
corporate and every unincorporated body shall be deemed to be ordinarily resident
at its principal office or place of business.
(3)
Subsection (1) shall not apply to a notification made by the Commission under—
(a) section 16(8),
(b) section 20(1)(b) or (2)(b), or
(c) section 32(4)(b) or (9).
Chapter 2
Commission for Communications Regulation
8.
Amendment of section 2 of Principal Act (interpretation).
8.—
Section 2 of the Principal Act is amended in subsection (1)—
(a)
by substituting the following for the definition of “postal services”:
“‘postal services’ has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011;”,
and
(b)
by inserting the following definitions:
“‘postal service provider’ has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011;
‘postal service user’ has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011;
‘postal service within the scope of the universal postal service’ has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011;
‘universal postal service’ has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011;”.
9.
Amendment of section 10 of Principal Act (functions of Commission).
9.—
Section 10 of the Principal Act is amended in subsection (1)—
(a)
by inserting the following after paragraph (b):
“(ba)
to ensure the provision of a universal postal service that meets the reasonable needs
of postal service users,”,
and
(b)
by substituting the following for paragraph (c):
“(c)
to monitor and ensure compliance by postal service providers with the obligations
imposed on them by or under the Communications Regulation Acts 2002 to 2011 in relation to the provision of postal services,”.
10.
Amendment of section 12 of Principal Act (objectives of Commission).
10.—
Section 12 of the Principal Act is amended—
(a)
in subsection (1) by substituting the following for paragraph (c):
“(c)
in relation to the provision of postal services—
(i)
to promote the development of the postal sector and, in particular, the availability
of a universal postal service within, to and from the State at an affordable price
for the benefit of all postal service users,
(ii)
to promote the interests of postal service users within the Community, and
(iii)
subject to subparagraph (i), to facilitate the development of competition and innovation
in the market for postal service provision,
and”,
(b)
by inserting the following after subsection (2):
“(2A)
In relation to the objectives referred to in subsection (1)(c), the Commission shall take all reasonable measures aimed at achieving those objectives,
including—
(a)
establishing such monitoring and regulatory procedures for the purposes of ensuring
compliance by postal service providers with the obligations imposed on them by or
under the Communications Regulation Acts 2002 to 2011 as are necessary to secure the provision of a universal postal service,
(b)
ensuring that postal service users may avail of a universal postal service that meets
their reasonable needs,
(c)
in so far as the facilitation of competition and innovation is concerned, ensuring
that postal service users derive maximum benefit in terms of choice, price and quality,
and
(d)
in so far as the promotion of the interests of postal service users within the Community
is concerned—
(i)
ensuring a high level of protection for postal service users in their dealings with
postal service providers, in particular by—
(I)
ensuring the availability of simple and inexpensive dispute resolution procedures
carried out by a body that is independent of the parties involved, and
(II)
consulting and cooperating with the National Consumer Agency as appropriate,
and
(ii)
addressing the needs of specific social groups, in particular, disabled postal service
users.”,
and
(c)
in subsection (4) by substituting “subsections (1), (2), (2A) and (3)” for “subsections (1), (2) and (3)”.
11.
Power of Commission to obtain information from postal service provider.
11.—
The Principal Act is amended by inserting the following after section 13E:
“13F.—
(1)
The Commission may at any time, by notice in writing, require a postal service provider
to provide it with such written information as, subject to subsection (3), it considers
necessary to enable it to carry out its functions and, in particular, for any of the
following purposes:
(a)
establishing compliance by the postal service provider with the obligations imposed
on it by or under the Communications Regulation Acts 2002 to 2011;
(b)
making a designation under section 17 or 18 of the Communications Regulation (Postal Services) Act 2011;
(c)
conducting a review for any of the purposes of the said section 17 or 18;
(d)
assessing the contribution (if any) to be made by a postal service provider to a sharing
mechanism established under section 36 of the Communications Regulation (Postal Services) Act 2011;
(e)
assessing the contribution to be made by a postal service provider to the administration
costs of the Commission under section 30(2);
(f)
statistical purposes.
(2)
A requirement made under subsection (1) shall—
(a)
specify the information required, and
(b)
state the purposes for which that information is required, including, where relevant,
the statistical purposes for which that information is required.
(3)
The nature and extent of the information, the subject of a requirement made under
subsection (1), shall be proportionate to the use to which the information is to be
put by the Commission in the performance of its functions.
(4)
Information shall be provided by a postal service provider pursuant to a requirement
made under subsection (1) in such form and manner and within such reasonable period
as may be specified by the Commission in the notice.
(5)
A postal service provider commits an offence if it—
(a)
fails to comply with a requirement made under subsection (1) within the period specified
in the notice or within such extended period as the Commission allows, or
(b)
in purporting to comply with such a requirement, provides to the Commission information
that the postal service provider knows to be false or misleading in a material respect.
(6)
In proceedings for an offence under subsection (5) involving a failure by a postal
service provider to comply with a requirement made under subsection (1), it is a defence
if the postal service provider establishes—
(a)
that it did not know and could not be reasonably expected to know or ascertain the
required information, or
(b)
that the disclosure of the information was prohibited by any enactment or rule of
law.
(7)
A postal service provider who commits an offence under subsection (5) is liable on
summary conviction to a class A fine.
(8)
(a)
The Commission shall give to the European Commission, upon request, appropriate and
relevant information necessary for it to carry out its tasks under the Directive (within
the meaning of section 6 of the Communications Regulation (Postal Services) Act 2011).
(b)
Nothing in section 24(1) shall prevent the disclosure of confidential information
(within the meaning of section 24) by the Commission to the European Commission under
this subsection.”.
12.
Alternative procedure for enforcement of section 13F of Principal Act.
12.—
The Principal Act is amended by inserting the following after section 13F (inserted
by section 11)—
“13G.—
(1)
As an alternative to bringing a prosecution for an offence under section 13F(5), the
Commission may apply to the High Court to make a compliance order under subsection
(4). Such an application is to be by motion.
(2)
The High Court may hear the application only if it is satisfied that a copy of the
application has been served on the postal service provider concerned. On being served
with such a copy, the postal service provider becomes the respondent to the application.
(3)
The High Court may make such interim or interlocutory order as it considers appropriate
pending determination of an application made under subsection (1). The Court may not
refuse interim or interlocutory relief merely because the Commission may not suffer
damage if relief were not granted pending determination of the application.
(4)
On the hearing of an application made under subsection (1), the High Court may make
an order requiring the postal service provider to comply with section 13F or may refuse
the application.
(5)
If the High Court makes an order under subsection (4), it may make such ancillary
orders as it considers appropriate.”.
13.
Amendment of section 38A of Principal Act (Commission may require persons to give
evidence or produce documents).
13.—
Section 38A of the Principal Act is amended in subsection (1) by inserting “(other than its functions or objectives relating to postal services)” after “objectives”.
14.
National regulatory authority.
14.—
The Commission shall be the national regulatory authority for the purposes of the
Directive.
15.
Public consultation process.
15.—
(1)
Where the Commission is required to conduct a public consultation process in the performance
of any of its functions under the Communications Regulation Acts 2002 to 2011 relating to postal services, the Commission shall carry out such process in accordance
with procedures established and maintained by it.
(2)
The procedures referred to in subsection (1) shall include the opportunity for interested persons, including representatives of
postal service providers and postal service users and organisations representative
of employees of postal service providers, to make representations on the matter, the
subject of the consultation process concerned, to the Commission in such form and
within such reasonable period as the Commission may specify generally or by reference
to the consultation process concerned.
(3)
The Commission shall publish a reference to the procedures referred to in subsection (1) in Iris Oifigiúil and shall make a copy of the procedures available, on request, to interested parties
at a cost not exceeding the reasonable cost of making a copy or, where appropriate,
such cost and the amount of any postage involved.
Chapter 4
Universal postal service provider
17.
Designation of An Post as universal postal service provider.
17.—
(1)
Subject to subsection (2), An Post is designated as the universal postal service provider for a period of 12
years beginning on the passing of this Act.
(2)
After the expiration of 7 years after the passing of this Act, and following a review
under section 19 by the Commission of the designation of An Post under subsection (1), the Commission may—
(a)
decide to—
(i)
continue the designation of An Post as a universal postal service provider for the
duration of the unexpired period of the designation specified in subsection (1), or
(ii)
with the prior consent of the Minister, designate one or more than one postal service
provider as a universal postal service provider for such period, subject to section 18(4), as the Commission considers appropriate,
or
(b)
with the prior consent of the Minister, decide that no such designation is required.
(3)
Where the Commission proposes to make a decision under subsection (2)(a)(ii) or (b), as the case may be, the Minister, following consultation with such persons as he
or she considers appropriate having regard to the proposal concerned, shall give notice
in writing to the Commission of his or her decision to consent, or to refuse consent,
within 4 months of the date on which the Commission seeks consent.
(4)
When giving or refusing consent in relation to a proposal by the Commission to make
a decision under subsection (2)(a)(ii) or (b), as the case may be, the Minister shall require to be satisfied as to whether or
not the Commission’s proposal ensures the provision of a universal postal service.
(5)
Where the Minister refuses consent to a proposal by the Commission to make a decision
under subsection (2)(a)(ii) or (b), as the case may be, the designation of An Post shall continue for the duration of
the unexpired period of the designation specified in subsection (1).
(6)
Where, with the prior consent of the Minister, the Commission makes a decision under
subsection (2)(a)(ii), the designation of An Post under subsection (1) shall cease to have effect on the date on which that decision takes effect.
(7)
Where, with the prior consent of the Minister, the Commission makes a decision under
subsection (2)(b), the designation of An Post under subsection (1) shall cease to have effect on the date of that decision.
18.
Designation of universal postal service providers — general provisions.
18.—(1)
Before the end of the period for which the designation of An Post is continued under
subsection (2)(a)(i) or (5) of section 17 or, as the case may be, before the end of the period for which a universal postal
service provider is designated under subsection (2)(a)(ii) of that section or, in a case where a universal postal service provider is designated
under this section, before the end of the period for which the provider is so designated,
the Commission—
(a)
shall conduct a review of the designation, and
(b)
may with effect from the expiry of that period—
(i)
decide to designate one or more than one postal service provider as a universal postal
service provider for such period, subject to subsection (4), as the Commission considers appropriate, or
(ii)
decide that no such designation is required.
(2)
Where the Commission makes a decision—
(a)
with the prior consent of the Minister, under section 17(2)(b), or
(b)
under subsection (1)(b)(ii),
it shall, at such intervals as it considers appropriate, conduct a review under section 19 for the purpose of deciding whether a designation of one or more than one postal
service provider as a universal postal service provider is required and may decide
that—
(i)
no such designation is required for the time being, or
(ii)
such designation is required for such period, subject to subsection
(4), as the Commission considers appropriate,
and this section applies to a decision made under subparagraph (i) or (ii), as the case may be, as it applies to a decision made under subparagraph (i) or (ii) of subsection (1)(b).
(3)
The Commission may determine that different universal postal service providers, the
subject of a designation made by the Commission under section 17(2)(a)(ii) or this section, shall provide different parts of the universal postal service or
provide that service in respect of all or any part or parts of the State, or both,
having regard to the need to ensure that there is no duplication of the obligations
imposed on each universal postal service provider so designated.
(4)
The designation of a universal postal service provider by the Commission under section 17(2)(a)(ii) or this section—
(a)
shall be for such period as the Commission considers appropriate, having regard to
the need to ensure that the designation is of sufficient duration for the return on
investments,
(b)
shall take effect 14 days after the date on which notice of approval of the terms
and conditions of its universal postal service provision is published under section 23(2)(a), and
(c)
shall cease to have effect—
(i) on the date on which the designation of a universal postal service provider takes
effect under paragraph (b), or
(ii) on the date on which the Commission decides that no such designation is required.
19.
19.—
(1)
A review by the Commission for the purposes of section 17 or 18shall, subject to subsection (2), be conducted in accordance with such procedures as may be established and maintained
by the Commission having regard to its functions and objectives under the Communications Regulation Acts 2002 to 2011 relating to postal services, in particular the need to ensure the provision of a
universal postal service and compliance with the requirements specified in section 18.
(2)
The procedures referred to in subsection
(1) shall—
(a)
make provision for the carrying out of an assessment of the extent to which the market
for the provision of postal services in the State is meeting the reasonable needs
of postal service users,
(b)
be such as the Commission considers to be efficient, objective, transparent, non-discriminatory
and proportionate, and
(c)
be published by the Commission.
20.
Notification of designation.
20.—
(1)
The continuance of the designation of An Post under subsection(2)(a)(i) or (5) of section 17 or, as the case may be, the designation of a universal postal service provider under
subsection (2)(a)(ii) of that section, or the designation of a universal postal service provider under
section 18, shall be in writing, and the Commission shall—
(a)
publish notice of the such continuance or designation in Iris Oifigiúil and in such other manner as it considers appropriate, and
(b)
notify in writing—
(i)
the European Commission of such continuance or the identity of any universal postal
service provider so designated, and
(ii)
the Minister of the identity of any universal postal service provider so designated.
(2)
Where the Commission makes a decision under section 17(2)(b) or subsection (1)(b)(ii) or (2)(i) of section 18, as the case may be, that no designation is required, it shall—
(a)
publish notice of such a decision in Iris Oifigiúil and in such other manner as it considers appropriate, and
(b)
notify in writing the Minister and the European Commission.
21.
Designation subject to certain requirements.
21.—
(1)
A universal postal service provider is required—
(a) to provide a universal postal service in accordance with the obligations imposed
on a universal postal service provider by or under the Communications Regulation Acts 2002 to 2011, subject to the interruption, suspension or restriction otherwise of all or any part
of the universal postal service in cases of force majeure,
(b) to provide identical services to postal service users under comparable conditions,
and
(c) to comply with the terms and conditions of its universal postal service provision
published under section 22 or 23, as the case may be, and any amendments to or modifications of those terms and conditions
under that section.
(2)
Where the Commission is of the opinion that a universal postal service provider is
failing, or has failed, to comply with any of the requirements of this section, the
Commission may give a direction to the universal postal service provider to ensure
compliance with the requirement concerned.
22.
Terms and conditions of and charges made in respect of provision of universal postal
service — An Post.
22.—
(1)
An Post shall—
(a)
not later than 21 days after the coming into operation of this Act, give to the Commission
a statement in writing of the terms and conditions of its universal postal service
provision and the charges made by it in respect of the universal postal service provision
(save in so far as those charges may otherwise be agreed between the universal postal
service provider and a postal service user), and
(b)
as soon as practicable after notification of the Commission under paragraph
(a), publish on its website and by such other means as the Commission may direct—
(i)
the terms and conditions of its universal postal service provision, and
(ii)
the charges referred to in paragraph
(a).
(2)
The Commission shall, within 6 months of the coming into operation of this Act, approve,
subject to section 24(3), with or without amendment, the terms and conditions notified to it under subsection (1).
23.
Terms and conditions of and charges made in respect of provision of universal postal
service — subsequent universal postal service providers.
23.—
(1)
Within such period as the Commission may specify in a designation made by it under
section 17(2)(a)(ii) or 18, but in any case not more than 3 months from the date of such designation, a universal
postal service provider shall give to the Commission a statement in writing of—
(a)
the terms and conditions of its universal postal service provision for approval by
the Commission, subject to section 24
(3), with or without amendment, and
(b)
the charges made by it in respect of the universal postal service provision (save
in so far as may otherwise be agreed between the universal postal service provider
and a postal service user).
(2)
When the terms and conditions are approved by the Commission, with or without amendment,
a universal postal service provider shall publish on its website and by such other
means as the Commission may direct—
(a)
notice of the approval,
(b)
the terms and conditions so approved, and
(c)
the charges referred to in subsection (1)(b).
(3)
The terms and conditions approved under this section shall come into effect on a day
that is not earlier than 14 days after the date of their publication under subsection (2)(b).
24.
Terms and conditions, charges — provisions of general application.
24.—
(1)
In this section—
“charges” means the charges published under section 22 or 23 as the case may be;
“terms and conditions” means terms and conditions published under section 22 or 23, as the case may be.
(2)
The terms and conditions shall be such as to ensure compliance with the obligations
imposed on the universal postal service provider by or under the Communications Regulation Acts 2002 to 2011 in respect of the provision of a universal postal service and shall include—
(a)
the terms and conditions in accordance with which a postal service user may avail
of the postal services concerned, and
(b)
terms and conditions relating to, and its procedures for dealing with, complaints
made by postal service users relating to the universal postal service provision.
(3)
For the purposes of approving terms and conditions under section 22(2) or 23(1), the Commission shall consider whether the terms and conditions are appropriate having
regard to the obligations imposed on the universal postal service provider by or under
the Communications Regulation Acts 2002 to 2011 in respect of the provision of a universal postal service and the reasonable needs
of users and do not have a significantly adverse effect on postal service users.
(4)
Where a universal postal service provider proposes to amend any of its terms and conditions
it shall give at least 30 days notice, or such shorter period of notice as may be
agreed with the Commission, in writing, to the Commission of its intention to make
amendments and the Commission may, subject to subsection (5)(a) or (b), as the case may be, approve those amendments, with or without amendment.
(5)
The Commission may, following a public consultation process, give a direction to a
universal postal service provider requiring it to modify its terms and conditions—
(a)
where the Commission considers such modification is appropriate having regard to the
obligations imposed on a universal postal service provider by or under the Communications Regulation Acts 2002 to 2011 in respect of the provision of a universal postal service and the reasonable needs
of postal service users, or
(b)
where the Commission considers that a proposed amendment notified to it under subsection (4) may have a significantly adverse effect on postal service users.
(6)
Where a universal postal service provider amends or modifies its terms and conditions
pursuant to subsection (4) or (5), as the case may be, it shall publish notice of the amendment or modification on
its website and by such other means as the Commission may direct and the amendment
or modification shall not come into effect earlier than 14 days after the date of
publication of such notice or such other period as may be agreed with the Commission.
(7)
The Commission may make a request in writing to a universal postal service provider
to give to the Commission such additional information, and within such period, as
the Commission specifies in its request, which period shall not be less than 14 days
from the date of the request.
(8)
Where a universal postal service provider amends the charges made by it in respect
of the universal postal service provision, it shall—
(a)
publish notice of any such amendment on its website and by such other means as the
Commission may direct, and
(b)
as soon as practicable thereafter notify the Commission in writing of the amendment,
and the charges as so amended shall not come into effect earlier than 14 days after
the date of publication of the notice under paragraph
(a).
(9)
A universal postal service provider shall make available to postal service users,
on request, free of charge, and at such access points as it considers appropriate
its terms and conditions and charges.
(10)
References to technical standards in terms and conditions shall be read as references
to those standards published in the Official Journal of the European Union as drawn
up by the European Committee for Standardisation.
(11)
Where the Commission is of the opinion that a universal postal service provider is
failing, or has failed, to comply with any of the requirements of section 22 or 23 or this section, the Commission may give a direction to the universal postal service
provider to ensure compliance with the requirement concerned.
25.
Transitional provision — An Post.
25.—
(1)
Subject to subsection (2), notwithstanding the repeal by section 4(1) of sections 70 and 72 of the Act of 1983—
(a)
schemes made by An Post under section 70 of the Act of 1983 that were in force immediately
before the coming into operation of this Act, and
(b)
regulations referred to in section 72 of the Act of 1983 that, by virtue of subsection
(1) of that section, were in force immediately before the coming into operation of
this Act,
shall continue in force.
(2)
Subsection (1) ceases to apply—
(a)
in the case of terms and conditions published under section 22, on and from the date of such publication, and
(b)
in the case of charges published under section 22, on and from the date of such publication.
26.
Limitation of liability of universal postal service provider.
26.—
(1)
Subject to subsection (3), a universal postal service provider shall be immune from all liability in respect
of any loss or damage suffered by a postal service user because of—
(a)
any failure or delay in providing, operating or maintaining a universal postal service,
or
(b)
any failure, interruption, suspension or restriction of a universal postal service.
(2)
The employees and agents of a universal postal service provider shall be immune from
civil liability, except at the suit of the universal postal service provider, in respect
of any loss or damage referred to in subsection
(1).
(3)
Section 39 of the Sale of Goods and Supply of Services Act 1980 shall not apply in relation to the provision of a universal postal service by a universal
postal service provider until such date as the Minister for Jobs, Enterprise and Innovation,
following consultation with the Commission and the Minister, by order so provides,
in relation to the universal postal service or to any part or parts of such service
specified in the order in such manner and by reference to such matters, including
ensuring the protection of the interests of postal service users, as the Minister
for Jobs, Enterprise and Innovation, following such consultation, considers appropriate.
(4)
An order made under this section 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 is passed
by either such House within the next 21 days on which the House has sat after that
order is laid before it, the order shall be annulled accordingly, but without prejudice
to the validity of anything previously done under it.
27.
Power to require carrying of postal packets and mail bags by ship or aircraft.
27.—
(1)
A universal postal service provider may, for any purpose in connection with the provision
by it of a universal postal service, by notice require the owner or operator of a
relevant ship or aircraft to carry mail bags on the relevant ship or aircraft.
(2)
The remuneration for any services provided pursuant to this section shall be determined
by agreement between the universal postal service provider and the owner or operator
of the relevant ship or aircraft concerned.
(3)
Where a dispute or difference arises between a universal postal service provider and
the owner or operator of a relevant ship or aircraft, in respect of the remuneration
for any services provided pursuant to this section, the dispute or difference shall
be determined in accordance with conciliation procedures that have been agreed between
both parties or, in default of such agreement, the matter may be referred to arbitration
and, subject to section 29 of the Arbitration Act 2010, that Act shall apply to an arbitration under this Act.
(4)
In this section “relevant ship or aircraft” means any ship or aircraft which carries on regular communications between 2 or more
places, one of which is not readily accessible by road.
28.
28.—
(1)
The tariffs for each postal service or part of a postal service provided by a universal
postal service provider in the provision of a universal postal service shall comply
with the following requirements:
(a)
prices shall be affordable and be such that all postal service users may avail of
the services provided;
(b)
prices shall be cost-oriented, that is to say, the prices shall take account of, and
reflect the costs of, providing the postal service or part of the postal service concerned;
(c)
subject to any decision made by the Commission under paragraph (b) of subsection (2), prices shall comply with the uniform tariff referred to in that subsection;
(d)
tariffs shall be transparent and non-discriminatory; and
(e)
where postal service providers apply special tariffs, including special tariffs for
postal services for businesses, bulk mailers or consolidators of mail from different
postal service users, tariffs and associated conditions shall be transparent and non-discriminatory.
(2)
(a)
Subject to paragraphs (b) and (d), a uniform tariff shall apply throughout the State to any postal service provided
at single piece tariff.
(b)
The Commission may, having regard to the reasonable needs of users, with the prior
consent of the Minister, decide that a uniform tariff referred to in paragraph (a) shall not apply, and shall publish any such decision.
(c)
The Commission may, with the prior consent of the Minister, make a decision that a
uniform tariff shall be applied cross border to any postal service provided at single
piece tariff and shall publish any such decision.
(d)
The Commission may, with the prior consent of the Minister, revoke a decision made
under paragraph (b) or (c).
(3)
The application of a uniform tariff pursuant to subsection (2) shall not exclude the right of a universal postal service provider to conclude individual
agreements on prices with postal service users.
(4)
In this section “service provided at single piece tariff” means a postal service for which the tariff is set for individual postal packets
by a universal postal service provider in its charges published under section 22 or 23, as the case may be.
(5)
Where the Commission is of the opinion that a universal postal service provider is
failing, or has failed, to comply with any of the requirements specified in subsection
(1), the Commission may give a direction to the universal postal service provider to
ensure compliance with the requirement concerned.
29.
Terminal dues and evasion of postage.
29.—
(1)
In order to ensure the cross-border provision of the universal postal service, a universal
postal service provider shall ensure that its agreements on terminal dues for intra-Community
cross-border mail comply with the following requirements:
(a)
terminal dues shall be fixed in relation to the costs of processing and delivering
incoming cross-border mail;
(b)
levels of remuneration shall be related to the quality of service achieved; and
(c)
terminal dues shall be transparent and non-discriminatory.
(2)
The Commission may, following a public consultation process, give a direction to a
universal postal service provider to ensure compliance with the requirements specified
in subsection
(1).
(3)
(a)
This subsection applies to a postal packet which—
(i)
is posted outside the State,
(ii)
is addressed to the addressee at an address in the State, and
(iii)
purports to come from or to be sent by or on behalf of a person residing or carrying
on business in the State,
but does not apply to a postal packet which purports to come from or to be sent by
or on behalf of a person who carries on business both in and outside the State unless
the postal packet purports to come or be sent only from an address, or all the addresses,
of such person in the State.
(b)
A universal postal service provider shall have the power to charge and recover from
the person—
(i)
from whom a postal packet to which this subsection applies purports to come, or
(ii)
by whom or on whose behalf such postal packet purports to have been sent,
as a simple contract debt in any court of competent jurisdiction, the difference between
the postage which would have been payable had the postal packet been posted in the
State and the amount actually paid or payable to the universal postal service provider
in respect of that postal packet posted outside the State to an address in the State
and purporting to be sent by or on behalf of someone who is residing or carrying on
business in the State unless terminal dues, which meet the requirements specified
in subsection
(1), apply to that postal packet.
30.
30.—
(1)
In this section—
“basket of postal services” means any postal service or group of such services, within the scope of the universal
postal service, provided by a universal postal service provider, specified in a price
cap decision;
“price cap” means an overall limit on the annual percentage change in charges that can be imposed
for any basket of postal services which is calculated in accordance with the following
formula:
overall limit = (Δ CPI) — X
where—
(Δ CPI) is the annual percentage change in the consumer price index,
“CPI” means the consumer price index number as compiled by the Central Statistics Office,
and
X is the adjustment specified by the Commission to provide incentives for efficient
provision of the services concerned;
“price cap decision” means a decision made under subsection
(2).
(2)
Subject to subsection (3), where the Commission is of the opinion that there is no effective competition in
the market for the supply of the postal services concerned, the Commission shall,
following a public consultation process in relation to the services to be included
in a basket of postal services and, as the Commission considers appropriate, in relation
to the adjustment referred to in the construction of “X” in the definition of “price cap” in subsection (1), make a decision (in this section referred to as a “price cap decision”) specifying a price cap in respect of one or more than one basket of services.
(3)
For the purposes of making a price cap decision the Commission shall—
(a)
have regard to the requirements relating to tariffs specified in section 28
(1),
(b)
ensure that the price cap provides incentives for efficient universal postal services
provision, and
(c)
have regard to its objectives set out in section 12(1)(c) of the Principal Act, in particular the protection of the interests of postal service
users and those of small and medium-sized enterprises.
(4)
The price cap shall apply for a period of 5 years from the date specified in the price
cap decision and the date so specified shall not be earlier than 14 days from the
date on which the price cap decision is published under subsection (8).
(5)
On or after the expiration of 3 years from the date specified in the price cap decision
as the date from which the price cap is to apply, the Commission may, subject to subsection (10), conduct a review of the price cap and following such a review, the Commission may
make a decision amending the price cap decision as regards any basket of postal services
specified in the price cap decision or the adjustment referred to in the construction
of “X” in the definition of “price cap” in subsection (1), or both.
(6)
A decision made under subsection (5) shall be expressed to come into operation on a specified date and the date so specified
shall not be earlier than 14 days from the date on which the decision is published
under subsection (8).
(7)
A universal postal service provider shall comply with a price cap decision and any
decision made under subsection
(5) amending a price cap decision.
(8)
The Commission shall, as soon as practicable, publish a price cap decision made under
subsection (2) and any decision made under subsection (5) amending a price cap decision.
(9)
Before the expiration of the period of 5 years specified in subsection (4), the Commission shall, subject to subsection (10), conduct a review of the price cap and may, following such a review, for the purposes
of protecting the interests of postal service users and of ensuring compliance with
the requirements as to tariffs specified in section 28(1), make a further price cap decision and subsections (3) to (8) shall apply to a price cap decision made under this subsection as those provisions
apply to a price cap decision made under subsection (2).
(10)
The Commission shall conduct a review under subsection (5) or (9) in accordance with procedures established and maintained by it for that purpose which
procedures shall include a public consultation process.
(11)
The Commission shall publish the procedures referred to in subsection (10) and shall make a copy of the procedures available, on request, to interested persons
at a cost not exceeding the reasonable cost of making a copy or, where appropriate,
such cost and the amount of any postage involved.
(12)
Pending the making of a price cap decision under subsection (2), unless otherwise directed by the Commission under section 28(5), no change shall be made by An Post to any charge that applies immediately before
the passing of this Act for postal services within the scope of the universal postal
service relating to postal packets weighing less than 50 grams without the prior consent
in writing of the Commission.
(13)
Where the Commission is of the opinion that a universal postal service provider is
not complying, or has failed to comply, with a price cap decision or any decision
made under subsection
(5) amending a price cap decision, the Commission may give a direction to the universal
postal service provider to ensure compliance with the decision concerned.
31.
Universal postal service accounting obligations.
31.—
(1)
Where all or any of the conditions specified in subsection
(2) are met, the Commission may give a direction providing for the keeping by a universal
postal service provider, in its internal accounting system, of separate accounts for
each service it provides—
(a)
which is part of the universal postal service, and
(b)
which is not part of the universal postal service.
(2)
The conditions referred to in subsection
(1) are as follows:
(a)
that a sharing mechanism has been established under section 36;
(b)
that the Commission is satisfied that a universal postal service provider is in receipt
of State assistance;
(c)
that the Commission is satisfied that competition in the market for postal services
is not fully effective.
(3)
A direction given under subsection
(1) shall provide for—
(a)
rules relating to the identification of costs,
(b)
rules relating to the allocation of costs,
(c)
rules relating to the use of internal cost accounting systems for the purposes of
the matters referred to in paragraphs (a) and (b),
(d)
the verification by a statutory auditor or statutory audit firm of compliance with
internal cost accounting systems,
(e)
the publication of such accounts and other information relating to requirements under
this section and such direction, as the Commission considers appropriate, subject
to the protection of any information which the Commission considers confidential (within
the meaning of section 24 of the Principal Act),
(f)
the publication of a statement relating to compliance with this section and such direction,
and
(g)
such other matters relating to the requirements of this section and such direction,
as the Commission considers appropriate.
(4)
The Commission shall keep available, to an adequate level of detail, information on
the cost accounting systems applied by a universal postal service provider, and shall
submit such information to the European Commission on request.
(5)
A universal postal service provider shall make available in confidence to the European
Commission, on request, detailed accounting information arising from its cost accounting
systems.
(6)
This section is in addition to, and not in substitution for, the provisions of the
Companies Acts relating to the preparation of accounts and their audit.
32.
Quality of service standards.
32.—
(1)
The Commission, following a public consultation process, shall draw up, and may from
time to time revise, quality of service standards in relation to universal postal
service provision by universal postal service providers (in this Part referred to
as “quality of service standards”), other than intra-Community cross-border services.
(2)
The quality of service standards shall be compatible with those laid down for intra-Community
cross-border services in Annex II to the Directive, the text of which Annex is, for
ease of reference, set out in Schedule 3.
(3)
The quality of service standards shall include standards relating to—
(a)
time permitted for delivery of postal packets, and
(b)
the regularity and reliability of the postal services concerned.
(4)
The Commission shall—
(a)
publish, and
(b)
notify the European Commission of,
the quality of service standards drawn up under subsection (1).
(5)
The Commission shall at least once in each year—
(a)
monitor compliance with the quality of service standards, and
(b)
publish a report on the results of the monitoring exercise conducted under paragraph
(a).
(6)
The Commission may give a direction to a universal postal service provider to take
corrective action where the Commission is of the opinion that the universal postal
service provider—
(a)
has not met the quality of service standards, or
(b)
in the case of intra-Community cross-border services, has not met the objectives laid
down in Annex II to the Directive.
(7)
For the purpose of ensuring that the reasonable needs of postal service users are
met, the Commission may give a direction to a universal postal service provider requiring
it to publish information, in such form and manner and at such intervals as the Commission
may direct, about the extent to which it is providing a universal postal service in
accordance with quality of service standards.
(8)
References to technical standards in any information published pursuant to any direction
given under subsection (7) shall be read as references to those standards published in the Official Journal
of the European Union as drawn up by the European Committee for Standardisation.
(9)
The Commission may determine exemptions from the quality of service standards for
intra-Community cross-border services referred to in subsection
(2) where exceptional situations relating to infrastructure or geography so require and
shall notify the European Commission immediately of any such exemption so determined.
33.
Access to postal network of universal postal service provider.
33.—
(1)
A postal service provider has the right to enter into negotiations with a universal
postal service provider with a view to concluding an agreement with that provider
to access the postal network of the universal postal service provider and may serve
notice on the Commission upon the commencement of any such negotiations.
(2)
The Commission shall, if so requested by either party to the negotiations, specify
the period within which the negotiations referred to in subsection
(1) shall be completed.
(3)
Where agreement is not reached within the period specified by the Commission under
subsection (2), the Commission shall take such steps as are necessary to resolve the dispute in
accordance with the procedures referred to in subsection (5).
(4)
With regard to any intervention by the Commission under subsection (2) or (3), the Commission may decide—
(a)
not to intervene in the negotiations concerned, having carried out a preliminary examination
of the matter, or
(b)
to discontinue the intervention in those negotiations,
where the Commission considers that—
(i)
the request for intervention is trivial or vexatious, or
(ii)
the person making the request has not taken reasonable steps to reach an agreement
on access to a universal postal service provider’s postal network.
(5)
The Commission shall make a decision in relation to a dispute referred to in subsection
(3) in accordance with procedures established and maintained by it.
(6)
The Commission shall publish the procedures referred to in subsection
(5) and, on a request being made for that purpose, make the procedures available to a
postal service provider free of charge.
(7)
In making a decision in relation to a dispute, the Commission may impose or amend
the conditions relating to access to a universal postal service provider’s postal network and such conditions may include—
(a)
the price of access,
(b)
terms and conditions relating to matters other than price, and
(c)
rules for the separation of accounts relating to access to the postal network,
and the Commission shall notify, in writing, the postal service provider and universal
postal service provider concerned, as appropriate, of the reasons for such conditions.
(8)
The Commission, in reaching a decision pursuant to the procedures referred to in subsection
(5), shall take into account—
(a)
the reasonableness of the terms and conditions relating to access to the postal network
concerned,
(b)
the interests of postal service users,
(c)
the need to ensure and maintain the efficient provision of a universal postal service,
(d)
the availability of alternatives to the access sought,
(e)
the development of competition in the market for postal services,
(f)
the feasibility of granting the access sought,
(g)
the capital investment in the postal network made by the universal postal service
provider concerned, and
(h)
any requirements imposed by any enactment.
(9)
Where the Commission makes a decision with respect to the price of access to the postal
network concerned it shall take into account any costs avoided by a universal postal
service provider by granting such access and postal network costs of the universal
postal service provider involved in granting such access.
(10)
If, in making a decision under this section, the Commission imposes conditions for
access to the universal postal service provider’s postal network, and it appears to the Commission that a postal service provider
or a universal postal service provider to whom the decision relates is failing, or
has failed, to comply with any of those conditions, the Commission may give a direction
to the postal service provider or universal postal service provider concerned, or
both as the case may be, to ensure compliance with the condition concerned.
34.
Access to postal infrastructure.
34.—
(1)
In this section “postal infrastructure” includes—
(a)
physical infrastructure, such as post office boxes and delivery boxes, and
(b)
infrastructure in non-physical form, such as postcodes or addresses or arrangements
made with others for the provision of any service.
(2)
Subject to subsection
(3), the Commission may give a direction to a universal postal service provider requiring
it to permit access to other postal service providers to its postal infrastructure
on such conditions as the Commission may direct for that purpose.
(3)
The Commission may give a direction under subsection
(2) where it considers that it is necessary for either or both of the following purposes:
(a)
to protect the interests of postal service users;
(b)
to promote effective competition.
Chapter 6
Regulation of Postal Service Providers
37.
Postal services within scope of universal postal service.
37.—
(1)
A postal service is within the scope of the universal postal service (in this Part
referred to as a “postal service within the scope of the universal postal service”) if—
(a)
the service is within the description of the universal postal service set out in section 16,
(b)
the service would be within the description of the universal postal service set out
in section 16 but for the fact that—
(i)
in the case of a service consisting of the clearance and delivery of postal packets,
the clearance or delivery is not made on every working day as required by section 16
(1)
(a),
(ii)
the service is not provided throughout the State, or
(iii)
the service is not provided at an affordable price in accordance with a uniform tariff
applicable throughout the State pursuant to section 28
(2),
or
(c)
the postal service is of a kind that, having regard to postal service users, could
reasonably be said to be interchangeable with a service of a description set out in
section 16,
but does not include a document exchange or express or courier services.
(2)
The Commission shall, not later than 3 months after the passing of this Act, publish
guidelines concerning postal services within the scope of the universal postal service
to which persons shall have regard when making a notification under section 38, in particular concerning—
(a)
whether a postal service has the characteristics set out in section 16(1) or would have these characteristics if it were offered on the days specified in section 16(1)(a) throughout the State,
(b)
whether a postal service has characteristics that postal service users may reasonably
perceive it to be interchangeable with a service of a description set out in section 16, and
(c)
the characteristics of the postal service itself, including the value added features,
intended use and price.
(3)
In this section a reference to a postal service includes a part of a postal service.
(4)
In this section “document exchange” means provision of means, including the supply of premises specifically for that
purpose and transportation by a third party, allowing self-delivery by mutual exchange
of postal packets between persons subscribing to this service.
38.
Authorisation to provide a postal service.
38.—
(1)
A person who intends to provide a postal service shall, before doing so, having regard
to the guidelines published by the Commission under section 37, make a notification to the Commission in accordance with this section of his or
her intention to provide such a service.
(2)
In the case of a person who is providing a postal service immediately before the passing
of this Act, before the expiration of 1 month after the publication of guidelines
by the Commission under section 37, the person shall make a notification to the Commission in accordance with this section
in respect of the postal service concerned.
(3)
A notification made under subsection (1) or (2) shall be in such form as the Commission determines and shall include—
(a)
the name of the person and, in the case of a body corporate that is a company, the
company registration number,
(b)
the business address of the person and, in the case of a body corporate that is a
company, where that address differs from the address of its registered office, the
address of its registered office,
(c)
particulars identifying one or more persons who may be contacted,
(d)
a short description of the postal service concerned and the geographical scope of
that service,
(e)
where relevant, the estimated date of commencement for the postal service concerned,
(f)
a declaration under subsection
(6), and
(g)
such other information as the Commission considers appropriate.
(4)
Upon receipt by the Commission of a notification made under subsection (1) or (2), the person making the notification is deemed to be a postal service provider authorised
to provide the postal service concerned, subject to the conditions specified in section 39applicable to that service.
(5)
A person or postal service provider who makes a notification under subsection (1) or (2) shall notify the Commission in such form and manner as the Commission may determine
of any changes to the information given under subsection (3)—
(a)
in relation to the matters referred to in paragraphs (a) to (d) and (g) of subsection (3), within 14 days from such change, and
(b)
in the case of a notification made under subsection (1), in relation to the matters referred to in subsection (3)(e) and (f), before commencement of the postal service concerned.
(6)
The declaration referred to in subsection (3)(f) shall—
(a)
be made in such form and manner as the Commission determines,
(b)
be made by the person making the notification, and
(c)
state whether the postal service concerned is, or is not, within the scope of the
universal postal service.
(7)
A person who—
(a)
fails to comply with subsection (1), (2) or (5), or
(b)
makes a notification or a declaration which is to his or her knowledge false or misleading
in any material respect,
commits an offence and is liable on summary conviction to a class A fine.
(8)
(a)
In this subsection “Regulations of 2002” means the European Communities (Postal Services) Regulations 2002 (S.I. No. 616 of 2002).
(b)
Notwithstanding the revocation of the Regulations of 2002 by section 4
(2), the obligations applying by virtue of the Regulations of 2002 to a person to whom
a postal service authorisation (within the meaning of those Regulations) has been
granted under Regulation 7 of those Regulations shall continue to apply until the
date on which that person makes a notification to the Commission under subsection (2).
(c)
References in any enactment to a person authorised under Regulation 7 of the Regulations
of 2002 shall, after the date referred to in paragraph (b), be read as references to a postal service provider deemed to be authorised under
this section.
(9)
The Commission shall have regard to the need to keep the burden of compliance with
this section on persons making a notification to the Commission under subsection (1) or (2) to the minimum possible consistent with the purpose, and the effective enforcement
of, this section.
39.
Conditions of authorisation.
39.—
(1)
Subject to subsection (2), an authorisation is subject to compliance by the postal service provider concerned
with the obligations imposed on it by or under the Communications Regulation Acts 2002 to 2011 and, in particular, compliance with the following:
(a)
the provision of complaints and redress procedures in accordance with section 43;
(b)
the provision to the Commission of such information as the Commission may require
pursuant to section 13F of the Principal Act.
(2)
An authorisation to provide a postal service within the scope of the universal postal
service is subject to compliance with the following conditions:
(a)
the conditions specified in subsection
(1);
(b)
payment of the amount of such levy as may be imposed on postal service providers pursuant
to section 30(2) of the Principal Act;
(c)
where a sharing mechanism and fund is established under section 36, the payment of the contribution (if any) payable by the postal service provider
concerned pursuant to that section to such fund, and
(d)
the provision to the Commission of such information relating to its turnover from
the provision by it of services within the scope of the universal postal service as
the Commission may reasonably require for either or both of the following purposes:
(i)
the imposition of a levy pursuant to section 30(2) of the Principal Act;
(ii)
the assessment and apportionment to be carried out pursuant to section 36 in relation to the contribution (if any) to be made by the postal service provider
to such fund as may be established under that section.
(3)
Where the Commission is of the opinion that a postal service provider is failing,
or has failed, to comply with any of the conditions of authorisation imposed by this
section, the Commission may, subject to section 41, give a direction to the postal service provider to ensure compliance with the condition
concerned.
40.
Register of postal service providers.
40.—
(1)
The Commission shall establish and maintain a register of persons who have made a
notification to the Commission pursuant to section 38 and such information contained in the notification as the Commission considers appropriate
(other than information which the Commission considers confidential within the meaning
of section 24 of the Principal Act) shall be entered in the register.
(2)
The Commission may, as occasion requires, amend or delete an entry in the register.
(3)
Members of the public may inspect the register free of charge at all reasonable times
and may take copies of, or extracts from, entries in the register at a cost not exceeding
the reasonable cost of making a copy.
(4)
In any proceedings, a certificate, bearing the seal of the Commission, stating that
the register shows that on the date or during the period specified in the certificate
the name of the person identified by the certificate was not entered in the register,
is admissible as evidence of the fact that a person identified by the certificate
did not make a notification to the Commission pursuant to section 38.
(5)
A document purporting to be a certificate under subsection
(4) is deemed to be such a certificate, unless the contrary is shown.
41.
Suspension or withdrawal of authorisation.
41.—
(1)
Where the Commission considers that there is or has been serious or repeated non-compliance
by a postal service provider with the conditions imposed on it under section 39 the Commission may decide, having considered any representations made to it, to suspend
or withdraw its authorisation.
(2)
Where the Commission proposes to suspend or withdraw an authorisation, the Commission
shall notify the postal service provider in writing of the proposal and the reasons
therefor and shall specify in the notice the period (which in any case shall not be
less than 28 days) within which the postal service provider may make representations,
in such form and manner as the Commission specifies in the notice.
(3)
Where the Commission, having considered the representations (if any) made by or on
behalf of the postal service provider in accordance with subsection
(2), decides to suspend or withdraw the authorisation, the Commission shall notify the
postal service provider in writing of the decision.
42.
Withdrawal of postal services.
42.—
(1)
Subject to subsection
(5), a postal service provider providing a postal service within the scope of the universal
postal service shall give to the Commission at least 3 months’ prior notice in writing of its intention to withdraw such service.
(2)
A postal service provider shall take all reasonable steps to ensure that the postal
service users concerned are informed of its intention to withdraw a service the subject
of a notice to the Commission under subsection
(1) in order to mitigate any adverse effect of the withdrawal on postal service users.
(3)
The Commission may give a direction to a postal service provider for the purposes
of subsection
(2).
(4)
A person who fails to comply with subsection
(1) commits an offence and is liable on summary conviction to a class A fine.
(5)
This section does not apply to a universal postal service provider in the provision
of a universal postal service.
43.
Complaints and redress procedures.
43.—
(1)
Every postal service provider shall draw up and implement a code of practice setting
out procedures, standards and policies with respect to the handling of complaints
from postal service users, in particular, complaints relating to loss, theft, damage
or quality of service, and such a code of practice shall make provision for the following
matters—
(a)
the first point of contact for complainants,
(b)
a means of recording complaints,
(c)
a time frame within which the postal service provider concerned shall respond to complaints,
(d)
procedures for resolving disputes,
(e)
remedies and redress, including reimbursement or compensation, or both, as appropriate,
(f)
procedures for determining where responsibility lies in cases where more than one
postal service provider is involved,
(g)
retention of records of complaints for such period, of not less than one year, as
the Commission may specify following the resolution of the complaint, including—
(i)
copies of the complaint and any response thereto, and
(ii)
any determination in respect of the complaint and any documentation considered in
the course of such determination,
and
(h)
any other matters the Commission considers necessary and appropriate to secure effective
protection for postal service users.
(2)
A postal service provider shall publish the code of practice drawn up under subsection (1) and, on a request being made for that purpose, make the code of practice available,
on request, to postal service users free of charge.
(3)
The Commission, or a person appointed by the Commission, possessing, in the opinion
of the Commission, the requisite degree of independence from the postal service provider
concerned, may, in accordance with procedures established and maintained by the Commission,
resolve disputes which remain unresolved after due completion of all the procedures
of a code of practice drawn up under subsection (1) and, in this regard, the Commission may issue directions to a postal service provider
requiring the postal service provider to comply with such measures as it, or such
person as may be appointed by the Commission under this subsection, may specify for
the resolution of the dispute including payment of costs in the case where such a
person is appointed, and reimbursement of payments or compensation, or both reimbursement
of payments and compensation, as appropriate, in accordance with the provisions of
the code of practice relating to the matters specified in subsection (1)(e).
(4)
The Commission shall publish any procedures established by it pursuant to subsection (3) and any amendments thereto.
(5)
The procedures referred to in subsections (1) and (3) shall be—
(a)
transparent,
(b)
simple,
(c)
inexpensive, and
(d)
enable disputes to be settled fairly and promptly.
(6)
The Commission may give directions to a postal service provider to whom subsection (1) relates for the purposes of ensuring compliance with this section including directions
as to—
(a)
the form and manner in which a code of practice referred to in subsection (1) and information relating thereto shall be published, including information on the
number of complaints made and the manner in which they have been dealt with, and
(b)
the making of such alterations or additions to its code of practice as the Commission
considers appropriate and specifies in the directions.
(7)
A person may, where the dispute involves postal service providers in more than one
Member State, request the Commission to co-ordinate its efforts with any relevant
regulatory authority in another Member State with a view to bringing about a resolution
of the dispute.
(8)
Where the Commission is of the opinion that a postal service provider is failing,
or has failed, to comply with any of the requirements of this section, the Commission
may give a direction to the postal service provider concerned to ensure compliance
with the requirement concerned.
44.
Amendment of section 30 of Principal Act (levies and fees).
44.—
Section 30 of the Principal Act is amended—
(a)
by substituting the following for subsection (2)—
“(2)
Subject to subsection (11A), for the purpose of meeting expenses properly incurred
by the Commission in the discharge of its functions relating to postal services the
Commission may make an order imposing a levy on postal service providers providing
postal services within the scope of the universal postal service.”,
(b)
in subsection (3) by inserting “referred to in subsection (2)” after “provider of postal services”, and
(c)
by inserting the following after subsection (11):
“(11A)
(a)
A levy imposed pursuant to subsection (2) shall be imposed in an objective, transparent
and proportionate manner which minimises additional administrative costs and attendant
charges to the Commission.
(b)
For the purposes of paragraph (a) and having regard to—
(i)
its objectives under section 12(1)(c),
(ii)
the impact of the levy on postal service providers, and
(iii)
the need to minimise any distortion or restriction of competition in the market for
the provision of the postal services concerned,
the Commission may make a determination that such class or classes of postal service
provider referred to in subsection (2) are exempt from an order made under that subsection.”.
45.
Protection of whistleblowers.
45.—
(1)
Section 24A of the Principal Act is amended—
(a)
in subsection (1) by substituting “an undertaking, an associate of an undertaking, an association of undertakings or
a postal service provider” for “an undertaking, an associate of an undertaking or an association of undertakings”,
(b)
in subsection (2) by substituting “an undertaking, an associate of an undertaking, an association of undertakings or
a postal service provider” for “an undertaking or an associate of an undertaking or an association of undertakings”,
(c)
in subsection (2) by substituting the following for paragraph (a):
“(a)
the conduct relates to the provision of—
(i)
an electronic communications network or service or an associated facility, or
(ii)
a postal service,
and”,
and
(d)
in subsection (5) by substituting “an undertaking, an associate of an undertaking, an association of undertakings or
a postal service provider” for “an undertaking, an associate of an undertaking or an association of undertakings”.
(2)
Section 24B of the Principal Act is amended by substituting the following for subsection
(1)—
“(1)
If an undertaking, an associate of an undertaking, an association of undertakings
or a postal service provider causes detriment to a person because the person or a
third person has made, or threatened to make, an appropriate disclosure of information
to the Commission or a law enforcement authority (such as the Garda Síochána) about the conduct of the undertaking, the associate, the association or the postal
service provider, the person has a right of action in tort against the undertaking,
associate, association or postal service provider, as the case may be.”.
(3)
Section 24C of the Principal Act is amended by substituting “an undertaking, an associate of an undertaking, an association of undertakings or
a postal service provider” for “an undertaking, an associate of an undertaking or an association of undertakings”.
Chapter 10
Offences in relation to postal services
53.
Prohibition on opening of postal packets and mail bags.
53.—
(1)
A person commits an offence if he or she, without the agreement of the addressee and,
in the case of a person who is a postal service provider or an employee or agent of
a postal service provider, contrary to his or her duty, intentionally—
(a)
delays, detains, interferes with or opens, a postal packet addressed to another person
or does anything to prevent its delivery or authorises, suffers or permits another
person (who is not the addressee) to do so,
(b)
discloses the existence or contents of a postal packet referred to in paragraph
(a), or
(c)
uses for any purpose any information obtained from a postal packet referred to in
paragraph
(a).
(2)
A person commits an offence if he or she, without reasonable excuse and, in the case
of a person who is a postal service provider or an employee or agent of a postal service
provider, contrary to his or her duty, intentionally opens a mail bag.
(3)
A person who commits an offence under this section is liable—
(a)
on summary conviction, to a class C fine or imprisonment for a term not exceeding
12 months or both, or
(b)
on conviction on indictment, to a fine not exceeding €75,000 or imprisonment for a term not exceeding 5 years or both.
(4)
This section does not apply to any person who is acting—
(a)
pursuant to any of the powers as to the transmission of postal packets set out in
section 47,
(b)
pursuant to a direction given by the Minister under section 110 of the Act of 1983,
as applied by section 54, or
(c)
under other lawful authority.
54.
Ministerial directions to postal service providers.
54.—
(1)
Subject to subsection
(2), references to the company in section 110 of the Act of 1983, in so far as that section
relates to An Post, shall be read as references to a postal service provider.
(2)
Without prejudice to the application of section 110 of the Act of 1983 to An Post,
that section applies, in respect of other postal service providers, only for the purposes
of section 53 and the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.
(3)
The Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 is amended—
(a)
in paragraph (a)(ii) of the definition of “interception” in section 1 by substituting “an offence under section 53 of the Communications Regulation (Postal Services) Act 2011” for “an offence under section 84 of that Act”,
(b)
in section 9(3) by substituting “a postal service provider (within the meaning of the Communications Regulation (Postal Services) Act 2011)” for “An Post”,
(c)
in section 10(1)(a) by substituting “section 53 of the Communications Regulation (Postal Services) Act 2011 or section 98 of the Act of 1983” for “section 84 or 98 of the Act of 1983”,
(d)
in section 10(2)(a) by substituting “section 53(4) of the Communications Regulation (Postal Services) Act 2011 or section 98(2) of the Act of 1983” for “section 84(2) or 98(2) of the Act of 1983”, and
(e)
in section 10(2)(d)(ii) by substituting “a postal service provider (within the meaning of the Communications Regulation (Postal Services) Act 2011)” for “An Post”.
(4)
Section 110 of the Act of 1983 is amended—
(a)
in subsection (6) by substituting “Subject to subsection (8), a person who” for “A person who”, and
(b)
by inserting the following after subsection (7):
“(8)
In the case of An Post and any other postal service provider (within the meaning of
the Communications Regulation (Postal Services) Act 2011), subsection (6) applies only in respect of non-compliance by An Post or any such
postal service provider, as the case may be, with directions issued under this section
for the purposes of section 53 of the Communications Regulation (Postal Services) Act 2011 and the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.”.
55.
Prohibition on sending certain articles by post.
55.—
(1)
A person commits an offence if he or she sends by post any postal packet—
(a)
which encloses any creature, article or thing of any kind, including any explosive,
noxious or otherwise dangerous substance, likely to injure—
(i)
any other postal packet in the course of its transmission by post, or
(ii)
any employee or agent of a postal service provider,
(b)
which encloses any article or thing whatsoever which is indecent, obscene, grossly
offensive or menacing, or
(c)
which has on the postal packet or its cover, any words, marks or designs which are
of an indecent, obscene, grossly offensive or menacing character.
(2)
A person who commits an offence under this section is liable—
(a)
on summary conviction, to a class A fine or imprisonment for a term not exceeding
12 months or both, or
(b)
on conviction on indictment, to a fine not exceeding €75,000 or to imprisonment for a term not exceeding 5 years or both.
(3)
Subsection
(1)
(a) does not apply to postal packets which enclose anything permitted to be sent (whether
generally or specifically) by the postal service provider concerned, provided that
such postal packets are sent in compliance with the terms and conditions of that postal
service provider.
56.
Obstruction of a universal postal service provider.
56.—
(1)
A person commits an offence if he or she without reasonable excuse—
(a)
obstructs or interferes with a universal postal service provider or an employee or
agent of a universal postal service provider in the execution of his or her duty in
connection with the provision of all or any part of a universal postal service, or
(b)
while in any post office or related premises, obstructs or interferes with the course
of business of a universal postal service provider in connection with the provision
of all or any part of a universal postal service.
(2)
A person commits an offence if, without reasonable excuse, he or she fails to leave
a post office or related premises when required to do so by an employee or agent of
a universal postal service provider who reasonably suspects the first-mentioned person
of committing an offence under subsection (1) and the first-mentioned person may be removed by that employee or agent.
(3)
A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a class E fine.
(4)
In this section “related premises” means any premises belonging to a post office or used together with a post office.
57.
Prohibition on interference with post boxes.
57.—
(1)
A person who intentionally and without lawful excuse inserts any item other than a
postal packet into a post box commits an offence and is liable—
(a)
on summary conviction, to a class C fine or imprisonment for a term not exceeding
12 months or both, or
(b)
on conviction on indictment, to a fine not exceeding €75,000 or imprisonment for a term not exceeding 5 years or both.
(2)
A person who intentionally interferes with the exterior of a post box, except with
the prior consent of the postal service provider concerned, commits an offence and
is liable on summary conviction to a class C fine or imprisonment for a term not exceeding
12 months or both.
58.
Secretion of a postal packet.
58.—
An employee or agent of a postal service provider who for any purpose whatsoever,
without reasonable excuse, secretes a postal packet in the course of transmission
by post, commits an offence and is liable on summary conviction to a class C fine
or imprisonment for a term not exceeding 12 months or both.
59.
Amendment of section 43 of Principal Act (prosecution of summary offences by Commission).
59.—
Section 43 of the Principal Act is amended—
(a)
by substituting the following for subsection (2):
“(2)
Subsection (1) does not apply to a prosecution for an offence under—
(a)
section 53(2),
(b)
the European Communities (Electronic Communications Networks and Services) (Universal
Service and Users’ Rights) Regulations 2003 (S.I. No. 308 of 2003),
(c)
the European Communities (Electronic Communications Networks and Services) (Data Protection
and Privacy) Regulations 2003 (S.I. No. 535 of 2003), or
(d)
section 53, 55, 56(2), 57 or 58 of the Communications Regulation (Postal Services) Act 2011.”,
and
(b)
by inserting the following after subsection (2):
“(3)
(a)
In this subsection “relevant offence” means an offence under—
(i)
section 13C(2) or (5), 13D(2) or (5), 13F(5), 24(3), 38C, 38D, 38E, 39(6) or 45(2)
of this Act,
(ii)
section 13 of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure)
Act 2010, or
(iii)
section 38(7), 42(4), 56(1) or (2), 57(2) or 58 of the Communications Regulation (Postal Services) Act 2011.
(b)
Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings
for a relevant offence may be instituted within 12 months from the date on which the
offence was committed.”.
60.
Amendment of section 44 of Principal Act (notice by Commission of intention to prosecute,
etc.).
60.—
Section 44 of the Principal Act is amended in subsection (1) by inserting “(other than an offence under section 53, 55, 56(2), 57or 58 of the Communications Regulation (Postal Services) Act 2011)” after “this Act”.
