Communications Regulation (Postal Services) Act 2011
Number 21 of 2011
COMMUNICATIONS REGULATION (POSTAL SERVICES) ACT 2011
REVISED
Updated to 10 April 2019
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 Companies (Amendment) Act 2019 (10/2019), enacted 11 April 2019, and all statutory instruments up to and including Communications Regulation (Universal Postal Services) Order 2019 (S.I. No. 150 of 2019), made 10 April 2019, 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 10 April 2019
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 1972, 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 Companies (Amendment) Act 2019 (10/2019), enacted 11 April 2019, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Communications Regulation (Universal Postal Services) Order 2019 (S.I. No. 150 of 2019)
• Communications Regulation (Universal Postal Service) (Amendment) Regulations 2019 (S.I. No. 149 of 2019)
• Communications Regulation (Universal Postal Service) (Amendment) (No. 2) Regulations 2018 (S.I. No. 534 of 2018)
• Communications Regulation (Universal Postal Service) (Amendment) Regulations 2018 (S.I. No. 499 of 2018)
• 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 Communications Regulation (Universal Postal Services) Order 2019 (S.I. No. 150 of 2019), made 10 April 2019, were considered in the preparation of this revision.
Number 21 of 2011
COMMUNICATIONS REGULATION (POSTAL SERVICES) ACT 2011
REVISED
Updated to 10 April 2019
ARRANGEMENT OF SECTIONS
Preliminary
Section
1. Short title, collective citation and construction.
5. Amendments to other enactments.
Regulation of Postal Services
Interpretation and general
7. Service of notices under this Part.
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.
14. National regulatory authority.
15. Public consultation process.
Universal postal service
Universal postal service provider
17. Designation of An Post as universal postal service provider.
18. Designation of universal postal service providers — general provisions.
20. Notification of designation.
21. Designation subject to certain requirements.
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.
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.
Financial support for universal postal service provision
35. Net cost of provision of universal postal service.
36. Financing of provision of universal postal service.
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.
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.
Evidential provisions
49. Evidential provisions in relation to postage.
50. Evidence of thing being a postal packet.
Enforcement
51. Directions and compliance.
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.).
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.
The National Postcode System
66. The national postcode system.
66C. Personal data protection.
Amendments to Broadcasting Act 2009
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).
Repeals and Revocations
Repeals
Revocations
Amendments to other enactments
Quality Standards for Intra-Community Cross-Border Mail
Guidance on Calculating the net cost, if any, of Universal Service
Acts Referred to
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1936, No. 40 |
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2010, No. 1 |
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2009, No. 18 |
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2002, No. 20 |
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Communications Regulation Acts 2002 to 2010 |
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2010, No. 2 |
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Companies Acts |
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Conveyance of Mails Act 1893 |
56 & 57 Vict., c. 38 |
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2005, No. 2 |
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Debtors (Ireland) Act 1840 |
3 & 4 Vict., c. 105 |
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1992, No. 23 |
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1997, No. 2 |
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1925, No. 17 |
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1956, No. 2 |
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Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 |
1993, No. 10 |
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2005, No. 23 |
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1980, No. 26 |
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Petty Sessions (Ireland) Act 1851 |
14 & 15 Vict., c. 93 |
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1951, No. 17 |
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Post Office (Duties) Act 1847 |
10 & 11 Vict., c. 85 |
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1937, No. 7 |
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Post Office Act 1908 |
8 Edw. 7, c. 48 |
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1983, No. 24 |
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1993, No. 28 |
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Railways (Conveyance of Mails) Act 1838 |
1 & 2 Vict., c. 98 |
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Regulation of Railways Act 1868 |
31 & 32 Vict., c. 119 |
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Regulation of Railways Act 1873 |
36 & 37 Vict., c. 48 |
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1993, No. 14 |
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Sale of Food and Drugs Act 1875 |
38 & 39 Vict., c. 63 |
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1980, No. 16 |
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1937, No. 30 |
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1944, No. 21 |
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1958, No. 19 |
Number 21 of 2011
COMMUNICATIONS REGULATION (POSTAL SERVICES) ACT 2011
REVISED
Updated to 10 April 2019
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.
[2nd August, 2011]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: