Revised Acts
This Act
Download PDFs
On the eISB
Postal and Telecommunications Services Act 1983
General ministerial powers in relation to postal and telecommunications services.
110.—(1) The Minister may issue directions in writing to either company requiring the company—
(a) to comply with policy decisions of a general kind made by the Government concerning the development of the postal or telecommunications services of which he may advise the company from time to time,
(b) to do (or refrain from doing) anything which he may specify from time to time as necessary in the national interest or to enable the Government or the State to become a member of an international organisation or a party to an international agreement or to discharge its obligations as a member of an international organisation or as a party to an international agreement,
(c) to perform such work or provide or maintain such services for a State authority as may be specified in the direction.
(2) Any direction under this section to a company to perform work or provide or maintain services which involves the payment of moneys by the Exchequer shall be given only with the consent of the Minister for Finance.
(3) A company shall comply with every direction given to it under this section.
(4) (a) A direction to either company under this section except a direction which relates to any international organisation or agreement or to public order or security shall, if the company so requests in writing, be given by the Minister by order.
(b) Such an order shall remain in force for a specified period of not more than twelve months unless extended or revoked by order of the Minister.
(5) The Minister may stipulate, in consultation with either company and with the consent of the Minister for Finance, financial targets (including payment of dividends in respect of shares in the company) to be achieved by the company.
F83[(6) F84[Subject to subsection (8), a person who], without reasonable excuse, does not comply with a direction under this section is guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding €5,000, or
(b) on conviction on indictment, to a fine.
(7) Proceedings for an offence under subsection (6), including any appeal or subsequent proceedings, shall be held in camera.]
F85[(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.]
Annotations
Amendments:
F83
Inserted (1.12.2014) by Criminal Justice (Mutual Assistance) Act 2008 (7/2008), s. 30, S.I. No. 541 of 2014, in operation as per art. 2.
F84
Substituted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 54(4)(a), commenced on enactment.
F85
Inserted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 54(4)(b), commenced on enactment.
Modifications (not altering text):
C58
Functions transferred and references to Minister for Finance construed as Minister for Public Expenditure and Reform (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3, 5 and sch. 1 part 2, in operation as per art. 1(2).
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
...
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 24 of 1983 |
Postal and Telecommunications Services Act 1983 |
Sections 3, 10(3)(d), 11, 16(2), 26, 32, 33, 50, 51 and 110 |
|
... |
... |
... |
The history of the Ministers concerned with Finance aspects of the Postal and Telecommunications Services Act 1983 can be traced as follows:
• Functions transferred and title of Minister for Finance changed to Public Expenditure and Reform (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2025);
• Title of Minister for Public Expenditure and Reform changed to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023), in operation as per art. 1(2);
• Title of Minister for Public Expenditure, National Development Plan Delivery and Reform changed to Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (5.06.2025) by Public Expenditure, National Development Plan Delivery and Reform (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 243 of 2025).
C59
Application of section extended (1.12.2014) by Criminal Justice (Mutual Assistance) Act 2008 (7/2008), s. 25(1), (8), S.I. No. 541 of 2014.
Action on request.
25.— (1) Subject to subsection (3), where the request is for the interception and immediate transmission of specified telecommunications messages, the Minister may give an authorisation of the interception if of opinion that section 24 applies and is complied with in relation to the case.
...
(8) The authorisation is deemed to be an authorisation under section 2 of the Act of 1993, and that Act and section 110 of the Act of 1983 (in so far as it relates to directions related to such authorisations) have effect accordingly, with any necessary modifications, for all purposes as if the authorisation and any such directions had been given under the Act of 1993 and the Act of 1983.
C60
References to An Post construed, application of section restricted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 54(1), commenced on enactment.
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.
...
C61
References to "the company" or to "Bord Telecom Éireann" construed as references to “a licensed operator” and application of section restricted (9.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5/1999), s. 7(1), (2), (3), S.I. No. 87 of 1999, art. 3.
Application to all licenced operators of certain provisions.
7.—(1) A reference to the company or to Bord Telecom Éireann, as the case may be, in section 13 of the Post Office (Amendment) Act, 1951, sections 52(2), 96(d), 98, 99 and 110 of the Act of 1983, section 7 of the Broadcasting and Wireless Telegraphy Act, 1988, and in the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 shall be construed as a reference to “a licensed operator”.
(2) Section 110 of the Act of 1983 shall, in respect of the company and a licensed operator, apply only for the purposes of section 98 of the Act of 1983 and the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.
(3) In this section “licensed operator” means the company or any person licensed under subsection (2) or (3) of section 111 of the Act of 1983.
C62
Application of subs. (5) restricted insofar as it applies to the company (7.02.1997) by Telecommunications (Miscellaneous Provisions) Act 1996 (34/1996), s. 14(2) and sch. 3 part II, S.I. No. 72 of 1996, art. 3.
THIRD SCHEDULE
Repeals
Section 14
...
PART II
|
Number and Year |
Title of Act |
Extent of Repeal |
|
(1) |
(2) |
(3) |
|
No. 24 of 1983. |
Postal and Telecommunications Services Act, 1983. |
Sections 10 (3) (c) and (d), 16 (1) and (2) (a), (b), (c), (d), (f), 17, 19 (4), 21, 23, 25, 31 (3), 36 and 110 (5) in so far as they apply to the company. |
C63
Application of section restricted (6.06.1993) by Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 (10/1993), s. 3, commenced on enactment.
Restriction of power under Act of 1983 to require interceptions.
3.—A direction under section 110 of the Act of 1983 requiring an interception shall not be issued or remain in force unless there is in force an authorisation relating to the interception or the direction is a general one requiring an interception if and for so long as an authorisation is in force.