Communications Regulation (Postal Services) Act 2011

37.

Postal services within scope of universal postal service.

37.— (1) A postal service is within the scope of the universal postal service (in this Part referred to as a “postal service within the scope of the universal postal service”) if—

( a) the service is within the description of the universal postal service set out in section 16 ,

( b) the service would be within the description of the universal postal service set out in section 16 but for the fact that—

(i) in the case of a service consisting of the clearance and delivery of postal packets, the clearance or delivery is not made on every working day as required by section 16 (1) (a) ,

(ii) the service is not provided throughout the State, or

(iii) the service is not provided at an affordable price in accordance with a uniform tariff applicable throughout the State pursuant to section 28 (2) ,

or

( c) the postal service is of a kind that, having regard to postal service users, could reasonably be said to be interchangeable with a service of a description set out in section 16 ,

but does not include a document exchange or express or courier services.

(2) The Commission shall, not later than 3 months after the passing of this Act, publish guidelines concerning postal services within the scope of the universal postal service to which persons shall have regard when making a notification under section 38 , in particular concerning—

( a) whether a postal service has the characteristics set out in section 16(1) or would have these characteristics if it were offered on the days specified in section 16(1)(a) throughout the State,

( b) whether a postal service has characteristics that postal service users may reasonably perceive it to be interchangeable with a service of a description set out in section 16 , and

( c) the characteristics of the postal service itself, including the value added features, intended use and price.

(3) In this section a reference to a postal service includes a part of a postal service.

(4) In this section “document exchange” means provision of means, including the supply of premises specifically for that purpose and transportation by a third party, allowing self-delivery by mutual exchange of postal packets between persons subscribing to this service.