Revised Acts
This Act
Download PDFs
On the eISB
Postal and Telecommunications Services Act 1983
Loss-making services provided by direction of the Minister.
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.
Annotations
Modifications (not altering text):
C44
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).
C45
Application of section restricted in so far as they apply to the company (9.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5/1999), s. 3(2) and sch. 2, S.I. No. 87 of 1999, art. 3.
Repeals
3.— ...
(2) The enactments mentioned in column (2) of the Second Schedule are hereby repealed to the extent mentioned in column (3) of that Schedule in so far as they apply to the company.
...
SECOND SCHEDULE
Section 3(2).
|
Number and Year |
Short Title of Act |
Extent of Repeal |
|
(1) |
(2) |
(3) |
|
No. 24 of 1983. |
Postal and Telecommunications Services Act, 1983. |
Section 8(2). Section 10(2). Section 11. Section 19(3). Section 22. Section 24. Section 27. Section 28. Section 30. Section 32. Section 33. Section 37. Section 38. Section 39(3). Section 46(1), (2), (3), (6), (7), (9) and (11). Section 51. |