Communications Regulation (Postal Services) Act 2011

54.

Ministerial directions to postal service providers.

54.— (1) Subject to subsection (2) , references to the company in section 110 of the Act of 1983, in so far as that section relates to An Post, shall be read as references to a postal service provider.

(2) Without prejudice to the application of section 110 of the Act of 1983 to An Post, that section applies, in respect of other postal service providers, only for the purposes of section 53 and the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.

(3) The Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 is amended—

( a) in paragraph ( a)(ii) of the definition of “interception” in section 1 by substituting “an offence under section 53 of the Communications Regulation (Postal Services) Act 2011” for “an offence under section 84 of that Act”,

( b) in section 9(3) by substituting “a postal service provider (within the meaning of the Communications Regulation (Postal Services) Act 2011)” for “An Post”,

( c) in section 10(1)( a) by substituting “ section 53 of the Communications Regulation (Postal Services) Act 2011 or section 98 of the Act of 1983” for “section 84 or 98 of the Act of 1983”,

( d) in section 10(2)( a) by substituting “ section 53(4) of the Communications Regulation (Postal Services) Act 2011 or section 98(2) of the Act of 1983” for “section 84(2) or 98(2) of the Act of 1983”, and

( e) in section 10(2)( d)(ii) by substituting “a postal service provider (within the meaning of the Communications Regulation (Postal Services) Act 2011)” for “An Post”.

(4) Section 110 of the Act of 1983 is amended—

( a) in subsection (6) by substituting “Subject to subsection (8), a person who” for “A person who”, and

( b) by inserting the following after subsection (7):

“(8) In the case of An Post and any other postal service provider (within the meaning of the Communications Regulation (Postal Services) Act 2011), subsection (6) applies only in respect of non-compliance by An Post or any such postal service provider, as the case may be, with directions issued under this section for the purposes of section 53 of the Communications Regulation (Postal Services) Act 2011 and the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.”.