S.I. No. 296/1993 - Inland Post Amendment (No. 50) Scheme, 1993.


S.I. No. 296 of 1993.

INLAND POST AMENDMENT (NO. 50) SCHEME, 1993.

AN POST, in exercise of the powers conferred on it by Section 70 of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983), and with the consent of the Minister for Transport, Energy and Communications, hereby makes the following Scheme:

1. (1) This Scheme may be cited as the Inland Post Amendment (No. 50) Scheme, 1993.

(2) This Scheme shall be operative from the 27th day of September, 1993.

2. In this Scheme—

"The Principal Warrant" means the Inland Post Warrant, 1939 ( S.I. No. 202 of 1939 ).

"Scheme No. 41" means the Inland Post Amendment (No. 41) Scheme, 1988 ( S.I. No. 373 of 1988 ).

"Scheme No. 49" means the Inland Post Amendment (No. 49) Scheme, 1993 ( S.I. No. 98 of 1993 ).

"C.O.D." means Inland Cash-On-Delivery Service.

3. The Principal Warrant is hereby amended by the substitution of the following for Regulation 49:

"The maximum Trade Charge collectable under this Warrant shall be:

(1) £300 where the sender of the parcel requests payment of the Trade Charge by An Post.

(2) £1,000 where the sender of the parcel requests payment of the Trade Charge by the addressee".

4. The Principal Warrant is hereby amended by the substitution of the following for Regulation 52:

"The following rules shall apply to the posting of an Inland Cash-On-Delivery parcel:

(1) The parcel shall be posted by being handed in at such Post Offices as shall be appointed for the purpose or, where the sender is provided with a collection facility, by being given to the appropriate officer of An Post.

(2) The sender shall (in addition to any other steps necessary in connection with the posting of the parcel):

( a ) Read the Standard Terms and Conditions applicable to the C.O.D. Service which are printed inside the front cover of the C.O.D. docket set M94A.

( b ) Complete an M94A docket set for each C.O.D. parcel being sent to an address in the Republic of Ireland.

( c ) (i) Where the C.O.D. parcel is handed in at a Post Office, hand the completed M94A docket set to the counter officer who will return copy 5, duly receipted, to the sender and will attach the remainder of the set to the parcel.

(ii) Where the sender is provided with a collection facility, remove copy 5 from the M94A docket set, attach the remainder of the set to the parcel and ask the collecting officer to sign copy 5 and return it to the sender."

5. The Principal Warrant is hereby amended by the substitution of the following for Regulation 53:

"The following rules shall apply to the delivery of an Inland Cash-On-Delivery parcel:

(1) The parcel shall not be given to the addressee or opened at his request until the Trade Charge and any other charges due thereon have been paid.

(2) A Trade Charge collected from the addressee shall not in any event be refunded to the addressee by An Post.

(3) Where the sender of a C.O.D. parcel does not indicate on the C.O.D. docket set M94A the payment option required, the following shall apply:

( a ) Where the Trade Charge to be collected is less than £300, payment of the Trade Charge to the sender shall be made by An Post.

( b ) Where the Trade Charge to be collected is greater than £300 but less than £1,000, payment of the Trade Charge to the sender shall be made by the addressee.

(4) Where the Trade Charge to be collected on delivery of a C.O.D. parcel is greater than the maximum Trade Charge collectable under the payment option chosen by the sender, the parcel shall not be taken out for delivery but shall be returned to the sender.

(5) If the amount of the Trade Charge exceeds £100 and the sender requests payment of the Trade Charge by An Post, the parcel shall not be taken out for delivery but shall be retained at the Post Office, and the addressee shall be advised of its arrival. The Trade Charge shall then be paid at the Post Office and delivery of the parcel taken by the addressee within ten days of being advised of its arrival."

6. The Principal Warrant is hereby amended by the substitution of the following for Regulation 55:

"An Post shall upon receiving from the addressee the amount of the Trade Charge on an Inland Cash-On-Delivery parcel remit same to the sender of the parcel in the following manner:

(1) By means of payment by An Post where the Trade Charge collected is less than £300 and the sender has requested, by indicating on the M94A docket set, payment in said form.

(2) By means of payment by the addressee when the sender has requested, by indicating on the M94A docket set, payment in said form.

The postage on the letter conveying the Trade Charge to the sender shall be pre-paid by An Post, and the letter shall be accompanied by copy 4 of the M94A docket set, completed by the sender at the time of posting".

7. The Principal Warrant is hereby amended by the addition of the following paragraph to Regulation 56:

"Where the sender of an Inland Cash-On-Delivery parcel requests at the time of posting, by indicating on the M94A docket set, payment of the Trade Charge by the addressee, An Post shall bear no liability in the event of the dishonour of the payee's cheque or failure by the payee to make such payment for any other reason howsoever arising."

8. The Fifth Schedule to the Principal Warrant, as inserted by Regulation 5 of Scheme No. 49, is hereby amended by the substitution for the entries therein of the entries in the First Schedule to this Scheme.

FIRST SCHEDULE

CASH-ON-DELIVERY

SCALE OF FEES PAYABLE

(1) Where the sender requests payment of the Trade Charge collected by An Post:

Trade Charge

Fee

Not exceeding £50

£2.50

Exceeding £50 but not exceeding £300

£3.50

(2) Where the sender requests payment of the Trade Charge by the addressee:

Trade Charge

Fee

Not exceeding £300

£3.00

Exceeding £300 but not exceeding £1,000

£4.00

GIVEN under the Common Seal of AN POST this 16th day of September, 1993.

PRESENT when the Common Seal of AN POST was affixed hereto:

JOHN HYNES,

Director.

HARRY COOKE,

Secretary.

I, BRIAN COWEN, Minister for Transport, Energy and Communications, hereby consent to the provisions of the foregoing Scheme.

BRIAN COWEN.

GIVEN under my Official Seal, this 27th day of September, 1993.

EXPLANATORY NOTE.

The purpose of this Scheme is to amend and alter certain rules pertaining to the Cash-On-Delivery Service and to increase the maximum Trade Charge collectable on a C. O. D. parcel to £1,000.