Communications Regulation (Postal Services) Act 2011

16.

Universal postal service.

16.— (1) In this Part and subject to this section “universal postal service” means—

( a) that on every working day, except in such circumstances or geographical conditions as the Commission considers to be exceptional, there is at least—

(i) one clearance, and

(ii) one delivery to the home or premises of every person in the State or, as the Commission considers appropriate, under such conditions as it may determine from time to time, to appropriate installations,

and

( b) that the following services are provided:

(i) the clearance, sorting, transport and distribution of postal packets up to 2 kilograms in weight;

(ii) the clearance, sorting, transport and distribution of parcels up to the weight expressed in kilograms specified in subsection (2) ;

(iii) the sorting, transportation and distribution of parcels from other Member States up to 20 kilograms in weight;

(iv) a registered items service;

(v) an insured items service within the State and to and from all countries which, as signatories to the Universal Postal Convention of the Universal Postal Union, declare their willingness to admit such items whether reciprocally or in one direction only; and

(vi) postal services, free of charge, to blind and partially-sighted persons.

(2) The weight in kilograms referred to in subsection (1)(b)(ii) shall be—

( a) such weight as stands specified by order under subsection (3), or

( b) where no weight stands so specified, F1 [ 10 kilograms ].

(3)( a) The Commission may, from time to time, review the weight provided for by subsection (2) and may, following a public consultation process and having regard to the reasonable needs of postal service users, by order provide for a weight in lieu of the weight provided for by subsection (2)(a) or the weight specified in subsection (2)(b) and such weight shall not in any case be less than 10 kilograms.

( b) The Commission may revoke an order under this subsection without providing for a weight, in which case the weight specified in subsection (2)(b) shall apply.

(4) The Commission shall publish notice of the making of an order under subsection (3) in Iris Oifigiúil and in such other manner as it considers appropriate.

(5) For the purpose of the provision of a universal postal service, the minimum and maximum dimensions for postal packets shall be those laid down in the Convention and the Agreement concerning Postal Parcels adopted by the Universal Postal Union under the Universal Postal Convention, as amended from time to time.

(6) When considering any exception to the provision of a universal postal service for the purposes of subsection (1)(a), the Commission shall have regard to the technical, economic and social environment and to the needs of postal service users.

(7) When making a determination for the purposes of subsection (1)(a)(ii), the Commission shall have regard to—

( a) the reasonable needs of postal service users,

( b) the measures a universal postal service provider may be reasonably required to take in order to meet the reasonable needs of postal service users, and

( c) such other matters as the Commission considers appropriate, including ease of access to homes or premises and the health and safety of the employees and agents of a universal postal service provider.

(8) The Commission shall notify in writing any exception granted for the purposes of subsection (1)(a) or determination made for the purposes of subsection (1)(a)(ii) to—

( a) the Minister,

( b) the European Commission, and

( c) the national regulatory authorities in all Member States,

and shall publish any such exception granted or determination made.

(9) For the purposes of ensuring that the universal postal service develops in response to the technical, economic and social environment and to the reasonable needs of postal service users, the Commission shall, following a public consultation process, make regulations specifying the services to be provided by a universal postal service provider relating to the provision of a universal postal service.

(10) The Commission may, following a public consultation process, give directions to a universal postal service provider for the purpose of ensuring that, for the purpose of the provision of a universal postal service by the universal postal service provider concerned, the density of access points and the provision of points of contact for postal service users with the universal postal service provider take account of the reasonable needs of postal service users.

(11) The reference in subsection (1)(a)(ii) to the delivery of postal packets includes the delivery of postal packets posted outside the State.

(12) In this section—

“insured items service” means a postal service which, in the event of the loss or theft of or damage to a postal packet, provides, subject to the monetary limits specified in the terms and conditions of the service concerned, for the payment of an amount up to the value of the postal packet as declared by the sender;

“registered items service” means a postal service which provides—

( a) for the registration of a postal packet in connection with its transmission by post, and

( b) for the payment of an amount determined by the person providing the service in the event of theft or loss of or damage to such postal packet.

Annotations:

Amendments:

F1

Substituted (10.04.2019) by Communications Regulation (Universal Postal Services) Order 2019 (S.I. No. 150 of 2019), art. 2.

Editorial Notes:

E1

Power pursuant to subs. (9) exercised (1.05.2019) by Communications Regulation (Universal Postal Service) (Amendment) Regulations 2019 (S.I. No. 149 of 2019).

E2

Power pursuant to subs. (3)(a) exercised (10.04.2019) by Communications Regulation (Universal Postal Services) Order 2019 (S.I. No. 150 of 2019), art. 2.

E3

Power pursuant to subs. (9) exercised (1.01.2019) by Communications Regulation (Universal Postal Service) (Amendment) (No. 2) Regulations 2018 (S.I. No. 534 of 2019), in effect as per reg. 1(3).

E4

Power pursuant to subs. (9) exercised (1.11.2012) by Communications Regulation (Universal Postal Service) Regulations 2012 (S.I. No. 280 of 2012), in effect as per reg. 1(2).

E5

Previous affecting provision: power pursuant to subs. (9) exercised (1.01.2019) by Communications Regulation (Universal Postal Service) (Amendment) Regulations 2018 (S.I. No. 499 of 2018), in effect as per reg. 1(3); revoked (1.01.2019) by Communications Regulation (Universal Postal Service) (Amendment) (No. 2) Regulations 2018 (S.I. No. 534 of 2018), reg. 3(2), in effect as per reg. 1(3).