Postal and Telecommunications Services Act, 1983

Loss-making services provided by direction of the Minister.

51.—(1) Where—

(a) the Minister considers, having regard to the statutory obligations of the postal or telecommunications company to provide postal or telecommunications services, that specified postal or telecommunications services should be provided or maintained in the public interest and, with the consent of the Minister for Finance, so directs the board of the company concerned, and

(b) that company considers that provision of such services is not necessary by reference to its statutory functions to provide postal or telecommunications services, and

(c) that company satisfies the Minister that, over a period of at least 12 months, it has sustained a loss in the provision or maintenance of such services,

the Minister shall certify that the services were provided or maintained in accordance with a direction by him and such certificate shall entitle the company to increase its charges to compensate for the losses incurred provided such losses were not allowed for in any previous increase in charges.

(2) The Minister may require an audit of the books and records of the company concerned to determine that such losses have been incurred and are likely to continue to be incurred and were not allowed for in any previous increase in charges.

(3) Before giving a direction to the company to provide or maintain services the Minister shall obtain details from the company of the cost of providing such services and the company shall supply such information to the Minister on request.