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

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

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

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

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

F2["the Director" means the Director of Telecommunications Regulation;]

“functions” includes powers and duties;

“Minister” means the Minister for Posts and Telegraphs;

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

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

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

“State authority” means an authority being—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) the Irish Land Commission;

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

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

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

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

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

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

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

3.—Every order (other than an order under paragraph 2 of the Second Schedule) and every regulation F3[made by the Minister or the Minister for Finance under this Act] F4[…] shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

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

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

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

(c) section 11 of the Post Office (Protection) Act, 1884,

(d) F5[…]

(e) F6[…]

(f) section 37, 63, F5[…], 87, 98 or 99 of this Act,

shall be liable—

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

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

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

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

(4) Where an offence to which subsection (1) relates is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager, or secretary of such body, that person or the person so acting, as the case may be, shall also be guilty of that offence.

5.—(1) Summary proceedings for an offence under section 37 may be brought and prosecuted by the postal company F7[…].

(2) F8[…]

(3) F7[…]

(4) Summary proceedings for an offence under—

(a) F9[…]

(b) the F10[Stamp Duties Consolidation Act 1999],

(c) F11[…]

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

(e) the Forgery Act, 1913,

(f) the Misuse of Drugs Act, 1977,

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

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

(5) F7[…]

(6) Summary proceedings may be brought and prosecuted by the Minister for an offence under section 6 of the Telegraph Act, 1869, or under section 37, 63, F9[…] 87 or 98 of this Act.

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

6.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

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

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

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

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

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

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

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

(b) F12[…]

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

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

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

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

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

divided into shares of one pound each.

(b) F13[…]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(iii) remunerate capital and repay borrowings.

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

14.—F14[…]

15.—(1) F15[…]

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

16.—(1) F16[…]

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

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

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

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

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

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

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

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

17.—Notwithstanding anything contained in the Companies Acts, no alteration in the memorandum of association or articles of association of either company shall be valid or effectual unless made with the prior approval of the Minister given F17[with the consent of the Minister for Public Expenditure and Reform]. Any proposed alteration shall be notified by the company to recognised trade unions and staff associations and recognised unions and associations.

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

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

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

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

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

(2) F18[…]

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

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

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

(2) F19[…]

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

21.—No issue of share capital shall be made other than those referred to in sections 18, 19, 20, 29 and 31 F20[, and in section 68 of the Finance Act, 1985].

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

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

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

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

24.—(1) All money required by the Minister to meet payments required to be made by him in respect of shares taken up by him shall F21[, with the consent of the Minister for Public Expenditure and Reform,] be advanced to him by the Minister for Finance out of the Central Fund or the growing produce thereof.

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

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

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

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

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

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

27.—(1) (a) Each company may, by means of the issue of debentures or otherwise, borrow money (including money in a currency other than the currency of the State) for capital purposes including working capital but, where a borrowing is not from the Minister for Finance, it shall require the consent of the Minister F23[, the Minister for Public Expenditure and Reform] and the Minister for Finance.

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

(c) F24[…]

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

(2) Each company may borrow money (including money in a currency other than the currency of the State) temporarily but the aggregate at any one time of such borrowing shall not exceed such amount as has been approved by the Minister with the consent of the Minister for Finance F23[and the Minister for Public Expenditure and Reform].

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

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

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

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

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

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

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

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

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

(a) particulars of the guarantee,

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

(c) the amount of money covered by the guarantee which was outstanding at the end of that year.

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

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

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

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

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

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

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

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

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

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

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

29.—(1) F25[(a) The Minister for Finance may, on the request of the Minister for Public Expenditure and Reform and after consultation with the Minister, make available to the postal company a sum not exceeding €63,500,000 to finance capital works.]

(b) Such sum may be made available either—

(i) by way of loans on such terms as to repayment, interest and other matters as may be determined by the Minister for Finance, F26[following consultation by him with the Minister for Public Expenditure and Reform,] or

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

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

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

29A.—(1) The Minister may, out of such monies as are available to him or her from monies provided by the Oireachtas, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make available to the postal company a sum not exceeding F28[€105,000,000] for the purposes of maintaining a network of post offices.

(2) The Minister may, out of such monies as are available to him or her from the Brexit Adjustment Reserve established under Regulation (EU) 2021/1755 of the European Parliament and of the Council of 6 October 2021¹⁰, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make available to the postal company a sum not exceeding €25,000,000 for the purposes of providing support to the postal company to counter the adverse economic and social consequences of the withdrawal of the United Kingdom from the European Union.

(3) Any amounts made available to the postal company under subsection (1) or (2) shall be provided in such form and manner and on such terms and conditions as may be agreed between the Minister and the company with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.]

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

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

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

31.—(1) F29[Upon the request of the Minister for Public Expenditure and Reform, the] Minister for Finance shall make available as working capital—

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

(b) F30[…]

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

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

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

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

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

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

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

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

34.—F31[…]

35.—F32[…]

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

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

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

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

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

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

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

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

(3) In this section—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) F33[…]

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

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

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

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

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

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

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

43.—F34[…]

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

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

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

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

45.—(1) (a) The postal company shall accept into its employment F35[with effect from the vesting day] in accordance with the terms of this Act every person who immediately before the vesting day is a member of the staff of the Department of Posts and Telegraphs and is designated F36[whether before, on or after the vesting day] by the Minister for employment by that company.

(b) The telecommunications company shall accept into its employment F35[with effect from the vesting day] in accordance with the terms of this Act every person who immediately before the vesting day is a member of that staff and is designated F36[whether before, on or after the vesting day] by the Minister for employment by that company.

(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a member of the staff of the Department of Posts and Telegraphs who is transferred F35[with effect from the vesting day] to either company shall not, while in the service of the company, receive a lesser scale of pay or be brought to less beneficial conditions of service than the scale of pay to which he was entitled and the conditions of service to which he was subject immediately before the vesting day.

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

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

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

46.—(1) Each company shall prepare and submit to the Minister a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of such members of the staff of the company as it may think fit F37[, or in respect of such persons who were members of the staff of the Department of Posts and Telegraphs and who retired or died before the vesting day as the Minister for Finance may specify].

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

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

F38[(4) Every scheme under this section shall provide for not less favourable conditions in respect of persons who are or were members of the staff of the postal company and who, immediately before the vesting day, were members of the staff of the Department of Posts and Telegraphs than those to which they were entitled immediately before the vesting day.

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

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

(b) those persons who were members of the staff of the Department of Posts and Telegraphs and who retired or died before the vesting day as the Minister for Finance may specify, shall provide for not less favourable conditions in respect of those persons than those to which they were entitled immediately before the vesting day.]

(5) Disbursement of pensions, gratuities and other allowances which may be granted to or in respect of persons F38[referred to in subsections (4) and (4A)] shall not be on less favourable conditions than would apply if the benefits referred to had continued to be paid out of moneys provided by the Oireachtas.

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

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

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

(9) F37[Notwithstanding the provisions of any other enactment or obligation of law] the F39[Minister for Finance shall, on the request of the Minister for Public Expenditure and Reform,] make such contribution as may, F39[with the consent of the Minister for Public Expenditure and Reform], be specified in a scheme or schemes under this section towards the pensions, gratuities and other allowances related to reckonable service given before the vesting day which may be granted to or in respect of persons who, immediately before that day, were members of the staff of the Department of Posts and Telegraphs F37[or who were members of the staff of the Department of Posts and Telegraphs and who retired or died before the vesting day], and such scheme or schemes shall, with the like consent, fix the manner and times of the payment of such contribution.

(10) F40[…]

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

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

48.—F41[…]

49.—F42[…]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

51.—(1) Where—

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

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

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

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

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

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

52.—(1) F43[…]

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

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

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

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

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

56.—F44[…]

57.—F45[…]

58.—From the vesting day—

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

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

(c) every bond given by any person to the Minister,

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

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

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

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

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

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

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

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

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

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

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

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

62.—In this Part “company” means the postal company.

63.—F46[…]

64.—F47[…]

65.—F48[…]

66.—F49[…]

67.—(1) The company may, after consultation with the Minister and as authorised by order of the Minister for Finance (made after consultation with the Central Bank), provide banking services, including the service commonly known as the Giro System and also including the lending of money.

(2) Any such order may—

(a) specify the services which the company may provide,

(b) contain such other provisions in relation thereto, including provisions concerning the application of the Currency and Central Bank Acts, 1927 to 1971, and any other enactment, as the Minister for Finance, after consultation with the Minister, the company, the Central Bank and any other appropriate Minister, considers necessary or desirable.

(3) For so long as an order under subsection (1) is in force, the company shall be deemed to be a bank and a banker for the purposes of the Bankers' Books Evidence Acts, 1879 and 1959, in respect of the services specified in the order and the Moneylenders Acts, 1900 and 1933, shall not apply in relation to such services.

(4) The Minister for Finance, after consultation as aforesaid, may by order amend or revoke an order made under subsection (1).

68.—(1) Money orders and postal orders issued by the Minister before the vesting day which are unpaid on the vesting day shall be deemed to have been issued by the company and shall have effect accordingly.

(2) Money orders and postal orders issued by the company shall be exempt from stamp duty.

(3) The company shall not be required to hold a licence under the Central Bank Act, 1971, by reason of services in relation to money orders and postal orders provided by it.

(4) The Revenue Commissioners shall not have or exercise any functions in relation to postal orders or money orders issued by the company except in relation to the printing thereof at the request of the company.

(5) Section 20 of the Finance Act, 1911, shall not apply to money orders or postal orders issued by the company.

69.—(1) All stamps which were current immediately before the vesting day for denoting duties of postage shall remain valid on and after that day.

(2) F50[sections 139 to 144 and 147 and 149 of the Stamp Duties Consolidation Act 1999], shall apply to postage stamps issued by the company. In those sections, references to a licence shall include references to an authorisation by the company.

(3) All postage stamps and related dies and other articles seized under F50[section 140 or 141 of the Stamp Duties Consolidation Act 1999], shall be delivered to the company.

(4) The company may, with the consent of the Minister, provide for the design and issue of postage stamps.

(5) F50[section 10(5) of the Stamp Duties Consolidation Act, 1999], shall apply to postage stamps issued by the company.

(6) Section 20 of the Finance Act, 1911, shall not apply to postage stamps issued by the company.

(7) The Revenue Commissioners shall not have or exercise any functions in relation to postage stamps issued by the company except in relation to the printing thereof at the request of the company.

(8) Where there is a suspected offence involving postage stamps or supplementary insurance stamps (within the meaning of section 247 of the Social Welfare (Consolidation) Act, 1981)—

(a) the company may exercise the powers contained in F50[section 142(2) of the Stamp Duties Consolidation Act 1999], but only on foot of a warrant issued by a Justice of the District Court, in the case of postage stamps, and on foot of a warrant issued by the Revenue Commissioners or by a Justice of the District Court, in the case of supplementary insurance stamps, and

(b) for the purposes of the said section 18 (2) a Justice of the District Court, upon the information on oath of an officer of the company or of a member of the Garda Síochána, may grant a warrant.

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

(a) either or both of the following—

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

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

(b) the prohibition of transmission of objectionable matter.

F51[(2) The company shall not increase any charge under a scheme under this section relating to a postal service reserved for the company under Regulation 8 of the European Communities (Postal Services) Regulations 2002 (S.I. No. _ of 2002) without the concurrence of the Commission for Communications Regulation.]

(3) A scheme made under this section may amend or revoke any previous scheme made under this section and any regulations to which section 72 (1) relates.

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

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

71.—F52[…]

72.—F53[…]

73.—F54[…]

74.—F55[…]

75.—

76.—F57[…]

77.—F58[…]

78.—F59[…]

79.—F60[…]

80.—The company may, after consultation with the telecommunications company, determine the hours during which telegraph offices under its control shall, on and after the vesting day, be open for the transaction of telegraph business and, in the event of a difference between the companies, the question may be referred by either company to the Minister whose decision shall be final.

81.—(1) The Minister shall appoint to be a director of the company one postmaster elected in accordance with this section.

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

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

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

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

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

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

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

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

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

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

82.—F61[…]

83.—F62[…]

84.—F63[…]

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

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

(3) The company shall be entitled to receive from the Minister, with the concurrence of the Minister for Finance, an amount equivalent to the value of money orders and postal orders issued before the vesting day on which payment is outstanding on the vesting day.

(4) The company shall pay to the Minister an amount equivalent to the cash on hands in post offices at the close of business on the last working day before the vesting day.

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

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

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

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

87.—F64[…]

88.—F65[…]

(2) F66[…]

(3) F67[…]

89.—F68[…]

90.—(1) F69[…]

(2) F70[…]

(3) F69[…]

(4) F69[…]

(5) F69[…]