S.I. No. 196/1980 - The Telegraph (Inland Written Telegram) Regulations, 1980.

S.I. No. 196 of 1980.

THE TELEGRAPH (INLAND WRITTEN TELEGRAM) REGULATIONS, 1980.

I, ALBERT REYNOLDS, T.D., Minister for Posts and Telegraphs, with the consent of the Minister for Finance in exercise of the power vested in me by Section 2 of the Telegraph Act, 1885, hereby make the following Regulations:

1. (1) These Regulations may be cited as the "Telegraph (Inland Written Telegram) Regulations, 1980".

(2) These Regulations shall come into operation on the 1st day of July 1980.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3. In these Regulations—

"limits of free delivery" means the limits of free delivery specified in Regulation 8 of these Regulations;

"The Minister" means the Minister for Posts and Telegraphs;

"news telegram" means a telegram transmitted under Regulation 40 of these Regulations;

"office of origin" means the telegraph office at which the telegram is accepted for transmission;

"overnight telegram" means a telegram accepted for transmission overnight at a reduced rate on condition that delivery will be made by the next convenient postal delivery thereafter, or, if the Minister thinks fit, by telephone or other means;

"registered address" means an abbreviated or arbitrary address which for the time being stands registered under Regulation 36 of these Regulations;

"service indication" means a letter, a number or word, or any combination thereof, used to identify a particular class of telegram or to denote a special service;

"special messenger" means a messenger employed solely for the delivery of telegrams;

"telegram" means a telegram to which these Regulations apply;

"terminal telegraph office" means the telegraph office from which the telegram is delivered to the addressee;

"written telegram" includes a telegram tendered by telephone or other electrical or mechanical apparatus for treatment as a written telegram.

4. (1) These Regulations apply to written telegrams originating in and addressed to places within the State, and to written telegrams originating in or addressed to places within Northern Ireland, Great Britain, the Channel Islands and the Isle of Man.

(2) These Regulations shall not apply to telegrams transmitted under section 16 of the Telegraph Act, 1868.

5. (1) There shall be charged and paid as regards the transmission of a telegram, other than an overnight telegram or a telegram referred to in Regulation 42 of these Regulations to a place within the State or within the British Telegraph Administration whichever of the fees specified at reference number 1 of Part I of the Schedule to these Regulations is appropriate.

(2) In respect of a telegram tendered on Sunday, Good Friday, or a Public Holiday, there shall be charged and paid in addition to the amount which is otherwise payable under these Regulations as regards the telegram the fee specified at reference No. 4 of Part III of the Schedule to these Regulations.

6. The name and address of sender and address of a telegram shall be counted as words for which payment shall be made.

7. (1) The Minister may require the sender of telegram, before it is accepted for transmission, to sign his name and write his address on the form of Telegram in the space provided for the purpose, but the sender's name and address need not be part of the matter telegraphed.

(2) The Minister may, if he think fit, as in lieu of requiring the sender of a telegram to sign his name and write his address permit the insertion in typewriting, or in print, or by means of a rubber or other stamp, of the name and address or the registered address of the sender.

8. (1) Subject to Regulation 41 (6) of these Regulations, the sum charged for the transmission of a telegram shall cover the cost of delivery at any address within the limits of free delivery.

(2) Subject to Regulations 10(2) 10(3) 10(4) 11, 12(2) of these Regulations the limits of free delivery shall be sixteen hundred metres from the terminal telegraph office, or, if such office is a Head Post Office and the town postal delivery of letters from such office extends beyond sixteen hundred metres, the limits of such postal delivery.

9. Subject to Regulation 41 (6) of these Regulations, when the address of delivery of a telegram is not within the limits of free delivery, and the sender does not direct that the telegram shall be delivered by post, the telegram shall, in the absence of some other special agreement with either the sender or the addressee, be delivered by special messenger.

10. (1) Subject to the provisions of these Regulations the delivery of a telegram by special messenger at any address beyond the limits of free delivery shall be charged and paid for at the rate specified at reference No. 1 of Part III of the Schedule to these Regulations.

(2) When a telegram is addressed to a person on board a vessel not alongside a wharf, pier or jetty, or to a person at an address so situate that a boat must be used for the purpose of delivering the telegram, there shall be charged and paid for the delivery of such telegram by special messenger, at whatever distance from the terminal telegraph office the place of address is situate, a sufficient sum to cover the cost of boat hire, and the aforesaid charge shall be in addition to any sum chargeable under these Regulations in respect of the distance over which the telegram is conveyed by land.

(3) The sender of a telegram and the Minister may make an agreement as to the delivery of a telegram by special means, and where such an agreement is made all expenses incurred by the Minister in pursuance of the agreement shall be paid by such sender to the Minister.

(4) The sender of a telegram shall, where appropriate, deposit such sum as may be required by the Minister for boat hire or other special means of delivery, and any unexpended balance of such sum shall be returned to him.

11. (1) Subject to Regulation 41 (6) of these Regulations, the sender of a telegram may direct that the telegram shall be delivered by post.

(2) In any such case the sender shall take such steps as may be decided by the Minister from time to time for the purpose of making such directions clear to the office at which the telegram is tendered for dispatch.

(3) No charge shall be made for delivery.

12. (1) All charges for transmission and delivery of a telegram shall be paid by the sender thereof, and, subject to paragraph (2) of this Regulation, shall be prepaid.

(2) Where a telegram is sent from a telephone or a telex subscriber's installation for further transmission to the addressee by means of the public telegraph system the charges for transmission and delivery of the telegram may be charged to the subscriber's telephone or telex account instead of being prepaid.

(3) When a telegram is addressed to a place outside the limits of free delivery and the sender does not fully prepay the charges for delivery by special messenger, the Minister may, if he thinks fit, deliver such telegram by post instead of by special messenger.

(4) A telegram described in paragraph (2) of this Regulation shall for the purposes of these Regulations be regarded as being a written telegram.

13. Telegrams which have stamps attached thereto and are deposited in wall or pillar boxes, or in letter-boxes of ordinary sub-post offices, not being telegraph offices, shall be taken to the nearest convenient telegraph office on the first collection of letters from the place of deposit, and shall be forwarded thence in due course by telegraph.

14. If a telegram is deposited in the manner described in Regulation 13 of these Regulations but the telegram has no stamp attached thereto it shall not be forwarded, but if the telegram so deposited has a stamp or stamps attached thereto, although it is insufficiently prepaid, it shall be forwarded and the deficiency, if not collected from the addressee, shall be paid by the sender.

15. The sender of a telegram may have it repeated to him by the telegraph service, but no copy of the telegram will in any such case be given to the sender.

16. The addressee of a telegram may have it repeated to him by the telegraph service.

17. The charge for repetition, whether requested by the sender or the addressee, shall be one-half of the charge for transmission.

18. In the case of repetition from office to office at the request of the sender, the charge for repetition shall be prepaid at the same time as the charge for the transmission of the telegram.

19. In the case of repetition at the request of the addressee, the charge for repetition shall be paid when the request for repetition is made, and, if on such repetition, the original telegram is found not to have been accurately transmitted, the amount for repetition shall be returned.

20. The sender of a telegram may arrange for the transmission of a reply thereto on payment of the same sum as would be paid for an ordinary telegram of the same length, provided that the sum so paid by the sender shall not be less than the minimum charge or greater than the maximum charge specified in the Schedule hereto.

21. When a reply to a telegram has been paid for, a voucher shall be delivered to the addressee, which will enable him, or any person to whom he may deliver the same, to send from any telegraph office a telegram not exceeding in length the number of words stated on the voucher, whether in reply to the original telegram or not, and whether addressed to the sender of the original telegram or not, at any time within twelve calendar months after the date indicated by the office stamp on the voucher.

22. If a voucher referred to in Regulation 21 of these Regulations is not used to send a telegram the sum prepaid for it will be repaid to the sender of the original telegram on application to the Secretary, Department of Posts and Telegraphs, Dublin 1, at any time within twelve calendar months after the date indicated by the office stamp on the voucher. The voucher must accompany any such application.

23. (1) Subject to Regulation 41(6) of these Regulations, a telegram may, at the request of the sender, be delivered at several addresses within the limits of the free delivery of the terminal telegraph office, and if such delivery is made the fee specified at reference No. 2 of Part III of the Schedule to these Regulations shall be charged and paid as regards each delivery after the first. Accordingly if, for example, a telegram contained a message of ten words of text and the following addresses (which contain twelve words):—

thus the telegram should be charged for as follows, namely, twenty-two words in text and addresses to be charged and paid for at the normal rate plus five copies for delivery at extra addresses to be charged and paid for at the rate specified at the said reference No. 2.

(2) This Regulation shall not be construed as applying to a news telegram.

24. The offices appointed by the Minister to be places for the receipt and dispatch of telegrams shall be open for the transaction of telegraphic business during such hours, as the Minister shall from time to time, in respect of each office, appoint.

25. Subject to Regulation 41(6) of these Regulations, when the terminal office for any telegram is closed, the telegram may, in the discretion of the Minister and subject to such directions (if any) as he may from time to time prescribe, be delivered by post, or be delivered by special messenger from any other office, and in the last-mentioned case such other office shall be regarded as being the terminal telegraph office for the telegram.

26. (1) The text and the signature for telegrams may be expressed in plain language or in secret language, but where secret language is used the sender must produce upon request the code from which the text or the signature of the telegram is compiled. The aforesaid languages may be used together in the same telegram.

(2) ( a ) For the purposes of this Regulation plain language is that which presents an intelligible meaning in a language which is both in current use and regarded as being plain language by the International Telegraph Service, and for the said purposes telegrams in plain language are those in which the text and the signature are wholly in plain language.

( b ) A telegram which is not for the purposes of this Regulation to be regarded as being in plain language shall be regarded for those purposes as being in secret language.

27. (1) Telegrams must be written in the characters that have an equivalent in the table of telegraph signals, that is to say:

( a ) Letters:

ABCDEFGHIJKLMNOPQRSTUVWXYZ.

( b ) Figures: 1234567890.

(c) Punctuation marks and other signs:—

(2) The following characters may be used in the written version but when they are used the equivalent recognised in the International Telegraph Service will be transmitted:

Roman figures will be transmitted as Arabic figures. If the sender intends the addressee to be made aware that Roman figures are meant, the French word "Remain" shall be inserted in the transmitted text in front of each such figure or group of figures.

The cross sign (+) used as a sign of addition may be utilised in a group but not as an isolated sign.

28. (1) Subject to the provisions of these Regulations, the contents of telegrams (including news telegrams) shall be reckoned and telegrams charged for with reference to their contents as follows:

( a ) (i) in the counting of words a distinction shall be made between the number of actual words and the number of chargeable words,

(ii) each separate word or group of characters shall be counted as one actual word,

(iii) words, groups of characters or expressions not exceeding ten characters shall be counted as one chargeable word each, and words, groups of characters or expressions exceeding ten characters shall be counted at the rate of one chargeable word for each ten characters or part thereof,

(iv) service indications (if any) shall be included in the number of chargeable words, and

(v) the verifications of the signature, if the sender asks for it to be transmitted, shall be included in the number of chargeable words.

Thus—

Heartiest Congratulations.

is one word of 9 characters and one word of 15 characters, will be counted as two actual words and as three chargeable words.

ABCD617283K

i.e. a group of characters exceeding ten characters in number will be counted as one actual word and two chargeable words.

( b ) Everything that the sender intends to have transmitted shall be chargeable with the exception of the route indicator and the name of the code used for the wording of a secret language telegram where this information is required to be given. The following however, shall not be included in the number of actual and chargeable words nor shall they be transmitted:

(i) dashes used only to separate on the sender's copy words or group of characters;

(ii) other isolated signs unless the sender has specifically requested their transmission;

(iii) the heading and the routine repetition.

29. If the sender of a telegram desires that special instructions, such as "private", "confidential", "to be opened at once" or the like, shall be written on the envelope containing the transcript of the telegram which is to be delivered to the addressee, he must write the instructions on the telegram form and immediately after the address, and such instructions shall be counted and charged for as part of the telegram.

30. The sender of a telegram may cancel it before delivery to the addressee, subject to the following provisions:—

( a ) if the application for cancellation is made before the transmission of the telegram from the office of origin has commenced, the sum prepaid for transmission, less the sum specified at reference No. 5 of Part III of the Schedule to these Regulations, together with any sum prepaid for delivery, shall be returned,

( b ) if the application is made after the commencement but before the completion of the transmission of the telegram from the office of origin, no part of the sum prepaid for transmission shall be returned, but the sum (if any) prepaid for delivery shall be returned,

( c ) if the application be made after the transmission of the telegram from the office of origin has been completed, it may still be cancelled, if practicable, by means of a service message addressed to the Postmaster of the office of delivery, which shall be prepaid by the sender as an ordinary telegram. In this case no part of the sums paid by the sender shall be returned, except such portion as the Minister may determine of any sum prepaid for delivery,

( d ) no sum in respect of any cancelled telegram shall be returned after the expiration of three calendar months from the date on which the telegram was tendered for transmission.

31. When a telegram has been accepted for transmission it shall not be cancelled, nor shall its transmission or delivery be suspended or interfered with, on the application of any person except the sender or addressee.

32. If the addressee of a telegram is known to the special messenger, the telegram may be delivered to such addressee at any place, and such delivery shall be deemed to be delivery at the address of the telegram.

33. If telegraphic communication with a telegraph office is interrupted the Minister shall give notice of the fact to the senders of telegrams and for so long as the interruption continues such office shall not be regarded as being a terminal telegraph office, and during such time such other telegraph office as the Minister may direct, shall for the purposes of these Regulations, other than for the purpose of delivery charges be regarded as being the said terminal telegraph office.

34. No telegram shall be transmitted or tendered for transmission which contains anything indecent, obscene, or libellous, or of a grossly offensive character.

35. (1) Telegrams may at the request of the sender or addressee be re-directed and re-transmitted by telegraph.

(2) Subject to paragraph (3) of this Regulation, there shall be charged and paid in respect of each retransmission the same charges as would be payable on the original transmission of the telegram if it had been transmitted to the second address or other further address.

(3) Where a telegram is retransmitted, the Minister may, if he considers it appropriate substitute a fixed charge, specified in the Schedule hereto, for all other charges for re-direction and re-transmission.

36. (1) The address of a telegram shall be sufficient, and such as not to cause difficulty or delay in delivery.

(2) ( a ) Application may be made at any office from which telegrams are delivered (provided it be a head office or a sub-office which is not in a town postal district), for the registration of an abbreviated or an arbitrary address.

( b ) If in the opinion of the Minister there is no objection to such registration, such abbreviated or arbitrary address shall be registered, together with the full address of the applicant.

( c ) There shall be paid for registration under this Regulation such yearly sum, hereinafter called a registration fee, as the Minister may, from time to time direct which sum shall not exceed the amount specified at reference No. 6 in Part III of the Schedule to these Regulations, and such registration fee shall be paid in advance.

( d ) Where a registered address is registered and the period in respect of which a fee under this Regulation has been paid, has not expired, telegrams addressed to the registered address and received at the office at which the registration has been effected, shall be delivered at the full address given by the relevant applicant for registration.

( e ) The Minister may if it shall seem to him expedient so to do, at any time cancel the registration of a registered address, and in case the Minister cancels such a registration he shall return to the relevant applicant such part (or as near thereto as may be) of the registration fee as bears to the whole such fee the same proportion as the unexpired portion of the period in respect of which a registration fee has been paid bears to the whole such period.

37. (1) Subject to Regulation 41 (6) of these Regulations, a person may register at any telegraph office special instructions as to the delivery of telegrams at an address specified by the person in case the person changes his place of residence or place of business and such other special instructions (if any) as to the delivery of telegrams as the Minister may approve of, and in case such special instructions are registered then subject to paragraph (2) of this Regulation telegrams shall be delivered in accordance with the instructions.

(2) ( a ) Where special instructions are given as regards a change of residence or place of business, a fee will be charged and shall be paid in advance at the time of registration of the instructions.

( b ) The fee referred to in subparagraph (a) of this paragraph shall be as specified at reference No. 7 in Part III of the Schedule to these Regulations as is appropriate having regard to the period for which the instructions are given. (When special instructions are applicable for a longer period than one year, the annual fee, specified at the said reference No. 7 shall be charged).

( c ) In respect of other special instructions as to the delivery of telegrams, that fee specified in the Schedule hereto shall be paid in advance at the time of Registration.

38. Any telegram addressed to a telegraph office or post office "to be called for" shall be retained for two days. At the end of that time the telegram, if not called for, shall be treated as not deliverable.

39. The sender of a telegram shall be entitled, on payment of the fee specified at reference No. 8 of Part III of the Schedule to these Regulations to a receipt signed by the forwarding Postmaster or Telegraphist, in the following form, or in such other form as the Minister shall from time to time approve, namely: "This is to certify that I have this day received   a  telegram  No............to  be   forwarded........................and  that charges thereon   amounting to  £..............have been duly paid".

40. (1) Subject to the conditions specified in paragraph (3) of this Regulation being satisfied, there shall be charged and paid for a telegram addressed to a newspaper, news agency, newsroom, club or exchange room and containing matter intended for publication as news the fee specified at reference No. 2 of Part I of the Schedule to these Regulations.

(2) Paragraph (1) of this Regulation shall not be construed as applying as regards —

( a ) letters to the editor of a newspaper, and

( b ) advertisements, notices and articles which are not normally published without charge.

(3) The Conditions referred to in paragraph (1) of this Regulation are:—

( a ) the address shall be the name only of the newspaper, news agency, newsroom, club or exchange room and its location.

( b ) the newspaper, news agency, newsroom, club or exchange room shall stand registered as such at the General Post Office in Dublin or the General Post Office in London (as may be appropriate).

(4) Regulation 12(1) of these Regulations shall not apply to a news telegram.

(5) The charge for repetition of any portion of the message contained in a news telegram shall be half the amount chargeable under paragraph (1) of this Regulation, but where the repetition is to correct an error in a previous transmission of the telegram, the charge for repetition will be waived.

(6) News telegrams may at the request of the sender be delivered at several addresses within the limit of free delivery of the terminal telegraph office. In case such delivery is requested, there shall be charged and paid for as regards each delivery but one the sum specified at reference No. 3 of Part III of the Schedule to these Regulations. Subject to the foregoing provisions of this sub-paragraph, each transmission of a news telegram to a separate address shall be charged for as the transmission of a separate telegram.

41. (1) Subject to the provisions of these Regulations, there shall be charged and paid for the transmission of an overnight telegram the fees specified at reference No. 3 of Part I of the schedule to these Regulations.

(2) An overnight telegram shall be tendered only on a weekday (not being Good Friday or a public holiday) between the hours 9 a.m. and 10 p.m.

(3) The address of an overnight telegram shall be a full postal address.

(4) A telegraph money order shall not be sent as an overnight telegram.

(5) An overnight telegram shall not be accepted for transmission to a place within the British Telegraph Administration.

(6) Regulations 8, 9, 10, 11, 23, 25 and 37 and paragraph (2) of Regulation 12 of these Regulations shall not apply to an overnight telegram.

42. There shall be charged and paid for a telegram applying for a withdrawal from the Post Office Savings Bank, Dublin, and for the reply telegram authorising the withdrawal from the Savings Bank the fees specified at reference Nos. 3 and 4 of Part II of the Schedule to these Regulations.

43. The Minister is not liable for any loss or damage which may be incurred or sustained by reason or on account of any mistake or default in the transmission or delivery of a telegram, or for any other loss or damage incurred or sustained in connection with telegraphic communication.

44. Notwithstanding anything contained in these Regulations, the Minister may, in any case in which he may consider it just or reasonable so to do, remit any sum payable under these Regulations.

SCHEDULE.

PART I.

PART II.

*N.S.—No Service.

PART III.

GIVEN under my Official Seal this 26th day of June, 1980.

ALBERT REYNOLDS,

The Minister for Finance hereby consents to the foregoing regulations.

GIVEN under the Official Seal of the Minister for Finance, this 26th day of June, 1980.

MICHAEL O'KENNEDY,

EXPLANATORY NOTE.

These Regulations:—

( a ) Consolidate the Telegraph (Inland Written Telegram) Regulations, 1920, and all subsequent amendments thereto;

( b ) increase as from 1st July 1980 various internal telegraph charges and also telegraph charges to Northern Ireland, Great Britain, the Channel Islands and the Isle of Man.