38.— (1) A person who intends to provide a postal service shall, before doing so, having regard to the guidelines published by the Commission under section 37, make a notification to the Commission in accordance with this section of his or her intention to provide such a service.

(2) In the case of a person who is providing a postal service immediately before the passing of this Act, before the expiration of 1 month after the publication of guidelines by the Commission under section 37, the person shall make a notification to the Commission in accordance with this section in respect of the postal service concerned.

(3) A notification made under subsection (1) or (2) shall be in such form as the Commission determines and shall include—

(a) the name of the person and, in the case of a body corporate that is a company, the company registration number,

(b) the business address of the person and, in the case of a body corporate that is a company, where that address differs from the address of its registered office, the address of its registered office,

(c) particulars identifying one or more persons who may be contacted,

(d) a short description of the postal service concerned and the geographical scope of that service,

(e) where relevant, the estimated date of commencement for the postal service concerned,

(f) a declaration under subsection (6), and

(g) such other information as the Commission considers appropriate.

(4) Upon receipt by the Commission of a notification made under subsection (1) or (2), the person making the notification is deemed to be a postal service provider authorised to provide the postal service concerned, subject to the conditions specified in section 39 applicable to that service.

(5) A person or postal service provider who makes a notification under subsection (1) or (2) shall notify the Commission in such form and manner as the Commission may determine of any changes to the information given under subsection (3)—

(a) in relation to the matters referred to in paragraphs (a) to (d) and (g) of subsection (3), within 14 days from such change, and

(b) in the case of a notification made under subsection (1), in relation to the matters referred to in subsection (3)(e) and (f), before commencement of the postal service concerned.

(6) The declaration referred to in subsection (3)(f) shall—

(a) be made in such form and manner as the Commission determines,

(b) be made by the person making the notification, and

(c) state whether the postal service concerned is, or is not, within the scope of the universal postal service.

(7) A person who—

(a) fails to comply with subsection (1), (2) or (5), or

(b) makes a notification or a declaration which is to his or her knowledge false or misleading in any material respect,

commits an offence and is liable on summary conviction to a class A fine.

(8) (a) In this subsection “Regulations of 2002” means the European Communities (Postal Services) Regulations 2002 (S.I. No. 616 of 2002).

(b) Notwithstanding the revocation of the Regulations of 2002 by section 4 (2), the obligations applying by virtue of the Regulations of 2002 to a person to whom a postal service authorisation (within the meaning of those Regulations) has been granted under Regulation 7 of those Regulations shall continue to apply until the date on which that person makes a notification to the Commission under subsection (2).

(c) References in any enactment to a person authorised under Regulation 7 of the Regulations of 2002 shall, after the date referred to in paragraph (b), be read as references to a postal service provider deemed to be authorised under this section.

(9) The Commission shall have regard to the need to keep the burden of compliance with this section on persons making a notification to the Commission under subsection (1) or (2) to the minimum possible consistent with the purpose, and the effective enforcement of, this section.