Communications Regulation (Postal Services) Act 2011

26.

Limitation of liability of universal postal service provider.

26.— (1) Subject to subsection (3), a universal postal service provider shall be immune from all liability in respect of any loss or damage suffered by a postal service user because of—

( a) any failure or delay in providing, operating or maintaining a universal postal service, or

( b) any failure, interruption, suspension or restriction of a universal postal service.

(2) The employees and agents of a universal postal service provider shall be immune from civil liability, except at the suit of the universal postal service provider, in respect of any loss or damage referred to in subsection (1) .

(3) Section 39 of the Sale of Goods and Supply of Services Act 1980 shall not apply in relation to the provision of a universal postal service by a universal postal service provider until such date as the Minister for Jobs, Enterprise and Innovation, following consultation with the Commission and the Minister, by order so provides, in relation to the universal postal service or to any part or parts of such service specified in the order in such manner and by reference to such matters, including ensuring the protection of the interests of postal service users, as the Minister for Jobs, Enterprise and Innovation, following such consultation, considers appropriate.

(4) An order made under this section 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 is passed by either such House within the next 21 days on which the House has sat after that order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.