Communications Regulation (Postal Services) Act 2011


Number 21 of 2011


COMMUNICATIONS REGULATION (POSTAL SERVICES) ACT 2011

REVISED

Updated to 25 May 2018


This Revised Act is an administrative consolidation of the Communications Regulation (Postal Services) Act 2011. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, and all statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 21 of 2011


COMMUNICATIONS REGULATION (POSTAL SERVICES) ACT 2011

REVISED

Updated to 25 May 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Communications Regulation Acts 2002 to 2017 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Communications Regulation (Postal Services) (Amendment) Act 2017 (3/2017), s. 3(3)). The Acts in this group are:

Communications Regulation Act 2002 (20/2002)

Communications Regulation (Amendment) Act 2007 (22/2007)

Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010)

Communications Regulation (Postal Services) Act 2011 (21/2011), other than ss. 62-65 and Part 4

Communications Regulation (Postal Services) (Amendment) Act 2015 (20/2015)

Communications Regulation (Postal Services) (Amendment) Act 2017 (3/2017)

Seanad Electoral (University Members) Acts 1937 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Electoral (Amendment) Act 2015 (62/2015), s. 6(2)). The Acts in this group are:

Seanad Electoral (University Members) Act 1937 (30/1937)

Electoral (Amendment) Act 1972 (4/1972), s. 2

Electoral (Amendment) Act 1973 (3/1973), in so much as it amends the Seanad Electoral (University Members) Acts 1937 to 1973

Electoral (Amendment) Act 2001 (38/2001), in so far as it relates to Seanad elections

Electoral (Amendment) Act 2006 (33/2006), in so far as it relates to Seanad elections

Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 34

Communications Regulation (Postal Services) Act 2011 (21/2011), s. 62

Electoral (Amendment) Act 2015 (62/2015), s. 1

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1985, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Data Protection Act 2018 (7/2018)

Communications Regulation (Postal Services) (Amendment) Act 2017 (3/2017)

Electoral (Amendment) Act 2015 (62/2015)

Communications Regulation (Postal Services) (Amendment) Act 2015 (20/2015)

All Acts up to and including Data Protection Act 2018 (7/2018), enacted 24 May 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Communications Regulation (Financing of Provision of Universal Postal Service) Regulations 2013 (S.I. No. 469 of 2013)

Communications Regulation (Universal Postal Service) Regulations 2012 (S.I. No. 280 of 2012)

All statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this revision.


Number 21 of 2011


COMMUNICATIONS REGULATION (POSTAL SERVICES) ACT 2011

REVISED

Updated to 25 May 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary

Section

1. Short title, collective citation and construction.

2. Definition.

3. Expenses.

4. Repeals and revocations.

5. Amendments to other enactments.

PART 2

Regulation of Postal Services

Chapter 1

Interpretation and general

6. Interpretation ( Part 2).

7. Service of notices under this Part.

Chapter 2

Commission for Communications Regulation

8. Amendment of section 2 of Principal Act (interpretation).

9. Amendment of section 10 of Principal Act (functions of Commission).

10. Amendment of section 12 of Principal Act (objectives of Commission).

11. Power of Commission to obtain information from postal service provider.

12. Alternative procedure for enforcement of section 13F of Principal Act.

13. Amendment of section 38A of Principal Act (Commission may require persons to give evidence or produce documents).

14. National regulatory authority.

15. Public consultation process.

Chapter 3

Universal postal service

16. Universal postal service.

Chapter 4

Universal postal service provider

17. Designation of An Post as universal postal service provider.

18. Designation of universal postal service providers — general provisions.

19. Review by Commission.

20. Notification of designation.

21. Designation subject to certain requirements.

22. Terms and conditions of and charges made in respect of provision of universal postal service — An Post.

23. Terms and conditions of and charges made in respect of provision of universal postal service — subsequent universal postal service providers.

24. Terms and conditions, charges — provisions of general application.

25. Transitional provision — An Post.

26. Limitation of liability of universal postal service provider.

27. Power to require carrying of postal packets and mail bags by ship or aircraft.

28. Tariff requirements.

29. Terminal dues and evasion of postage.

30. Price regulation. (Repealed)

31. Universal postal service accounting obligations.

32. Quality of service standards.

33. Access to postal network of universal postal service provider.

34. Access to postal infrastructure.

Chapter 5

Financial support for universal postal service provision

35. Net cost of provision of universal postal service.

36. Financing of provision of universal postal service.

Chapter 6

Regulation of Postal Service Providers

37. Postal services within scope of universal postal service.

38. Authorisation to provide a postal service.

39. Conditions of authorisation.

40. Register of postal service providers.

41. Suspension or withdrawal of authorisation.

42. Withdrawal of postal services.

43. Complaints and redress procedures.

44. Amendment of section 30 of Principal Act (levies and fees).

45. Protection of whistleblowers.

Chapter 7

Inviolability of mails, etc.

46. Inviolability of mails and immunity from prosecution.

47. Powers as to the transmission of postal packets.

48. Power to detain postal packets.

Chapter 8

Evidential provisions

49. Evidential provisions in relation to postage.

50. Evidence of thing being a postal packet.

Chapter 9

Enforcement

51. Directions and compliance.

52. Appeals to High Court.

Chapter 10

Offences in relation to postal services

53. Prohibition on opening of postal packets and mail bags.

54. Ministerial directions to postal service providers.

55. Prohibition on sending certain articles by post.

56. Obstruction of a universal postal service provider.

57. Prohibition on interference with post boxes.

58. Secretion of a postal packet.

59. Amendment of section 43 of Principal Act (prosecution of summary offences by Commission).

60. Amendment of section 44 of Principal Act (notice by Commission of intention to prosecute, etc.).

Chapter 11

Regulation of provision of free postage to candidates

61. Provision of free postage to candidates.

62. Amendments to Seanad Electoral (University Members) Act 1937.

63. Amendments to Electoral Act 1992.

64. Amendments to Presidential Elections Act 1993.

65. Amendments to European Parliament Elections Act 1997.

PART 3

The National Postcode System

65A. Interpretation.

66. The national postcode system.

66A. Regulations.

66B. Privacy notice.

66C. Personal data protection.

66D. Complaints procedures.

66E. Code of practice.

PART 4

Amendments to Broadcasting Act 2009

67. Definition ( Part 4).

68. Amendment of section 118 of Act of 2009 (principal objects and associated powers of TG4).

69. Amendment of section 123 of Act of 2009 (allocation of public funding).

70. Amendment of section 124 of Act of 2009 (recommendations as to changes to public funding).

71. Amendment of section 145 of Act of 2009 (issue of television licences by agent).

72. Amendment of section 154 of Act of 2009 (broadcasting funding scheme).

SCHEDULE 1

Repeals and Revocations

PART 1

Repeals

PART 2

Revocations

SCHEDULE 2

Amendments to other enactments

SCHEDULE 3

Quality Standards for Intra-Community Cross-Border Mail

SCHEDULE 4

Guidance on Calculating the net cost, if any, of Universal Service


Acts Referred to

Air Navigation and Transport Act 1936

1936, No. 40

Arbitration Act 2010

2010, No. 1

Broadcasting Act 2009

2009, No. 18

Communications Regulation Act 2002

2002, No. 20

Communications Regulation Acts 2002 to 2010

Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010

2010, No. 2

Companies Acts

Conveyance of Mails Act 1893

56 & 57 Vict., c. 38

Criminal Justice (Terrorist Offences) Act 2005

2005, No. 2

Debtors (Ireland) Act 1840

3 & 4 Vict., c. 105

Electoral Act 1992

1992, No. 23

European Parliament Elections Act 1997

1997, No. 2

Firearms Act 1925

1925, No. 17

Gaming and Lotteries Act 1956

1956, No. 2

Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993

1993, No. 10

Interpretation Act 2005

2005, No. 23

Ombudsman Act 1980

1980, No. 26

Petty Sessions (Ireland) Act 1851

14 & 15 Vict., c. 93

Post Office (Amendment) Act 1951

1951, No. 17

Post Office (Duties) Act 1847

10 & 11 Vict., c. 85

Post Office (Evasion of Postage) Act 1937

1937, No. 7

Post Office Act 1908

8 Edw. 7, c. 48

Postal and Telecommunications Services Act 1983

1983, No. 24

Presidential Elections Act 1993

1993, No. 28

Railways (Conveyance of Mails) Act 1838

1 & 2 Vict., c. 98

Regulation of Railways Act 1868

31 & 32 Vict., c. 119

Regulation of Railways Act 1873

36 & 37 Vict., c. 48

Roads Act 1993

1993, No. 14

Sale of Food and Drugs Act 1875

38 & 39 Vict., c. 63

Sale of Goods and Supply of Services Act 1980

1980, No. 16

Seanad Electoral (University Members) Act 1937

1937, No. 30

Transport Act 1944

1944, No. 21

Transport Act 1958

1958, No. 19


Number 21 of 2011


COMMUNICATIONS REGULATION (POSTAL SERVICES) ACT 2011

REVISED

Updated to 25 May 2018


AN ACT TO PROVIDE FOR THE REGULATION OF POSTAL SERVICES, TO PROVIDE FOR THE IMPLEMENTATION OF DIRECTIVE 97/67/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 15 DECEMBER 1997 1 AS AMENDED BY DIRECTIVE 2002/39/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 10 JUNE 2002 2 AND DIRECTIVE 2008/6/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 20 FEBRUARY 2008 3, TO CONFER ADDITIONAL FUNCTIONS ON THE COMMISSION FOR COMMUNICATIONS REGULATION, TO ENSURE THE PROVISION OF A UNIVERSAL POSTAL SERVICE, TO PROVIDE FOR THE DESIGNATION OF A UNIVERSAL POSTAL SERVICE PROVIDER, TO PROVIDE FOR FINANCIAL SUPPORT FOR UNIVERSAL POSTAL SERVICE PROVISION, TO PROVIDE FOR THE AUTHORISATION OF POSTAL SERVICE PROVIDERS, TO MAKE FURTHER PROVISION IN RELATION TO POSTAL SERVICES, TO PROVIDE FOR ENFORCEMENT MEASURES, TO PROVIDE FOR OFFENCES IN RELATION TO POSTAL SERVICES, TO REGULATE THE PROVISION OF FREE POSTAGE FOR CERTAIN CANDIDATES FOR ELECTION, TO PROVIDE FOR THE ESTABLISHMENT, OPERATION AND MAINTENANCE OF A SYSTEM OF POSTCODES, FOR THOSE AND OTHER PURPOSES TO REPEAL CERTAIN PROVISIONS OF, AND TO AMEND AND EXTEND, THE COMMUNICATIONS REGULATION ACT 2002, THE INTERCEPTION OF POSTAL PACKETS AND TELECOMMUNICATIONS MESSAGES (REGULATION) ACT 1993, THE SEANAD ELECTORAL (UNIVERSITY MEMBERS) ACT 1937, THE ELECTORAL ACT 1992, THE PRESIDENTIAL ELECTIONS ACT 1993, THE EUROPEAN PARLIAMENT ELECTIONS ACT 1997 AND CERTAIN OTHER ACTS AND STATUTORY INSTRUMENTS, TO AMEND THE BROADCASTING ACT 2009 AND TO PROVIDE FOR RELATED MATTERS.

[2 nd August, 2011]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: