S.I. No. 485/2001 - The Postal Money Order (No. 1) Regulations, 2001.

An Post, in exercise of the powers conferred on it by Section 23 of the Post Office Act, 1908 and Section 70 of the Postal and Telecommunications Services Act, 1983 , hereby makes the following Regulations:

1. These Regulations may be cited as the Postal Money Order (No. 1) Regulations, 2001.

2. Unless otherwise specified, reference to regulations followed by a number refers to the relevant regulation of this scheme.

Definitions

3. In these regulations, unless the context otherwise requires:

(1)  “Banker” means the holder of a Banker's Licence within the meaning of the Central Bank Act, 1971 .

(2)     “Office of Issue” means a place designated by An Post for the issue of Postal Money Orders.

(3)     “Office of Payment” means the place at which a Postal Money Order is made payable.

(4)     “Postal Money Order” means a money order within the meaning of Section

23 of the Post Office Act, 1908.

(5)     “the Payee” means the person or body designated by the Remitter to receive the value of the Postal Money Order.

(6)     “the Remitter” means the person at whose request a Postal Money Order is issued.

Issue of Postal Money Order

4. The following Regulations shall apply to the issue of a Postal Money Order:

(1) Application for such order may be made verbally or in the form prescribed, from time to time, by An Post. The prescribed charge shall be paid to An Post prior to the issue of the Postal Money Order.

(2) The Remitter shall give information as to his own name and address, the name and address of the Payee, the place at which the Postal Money Order is to be made payable and such other information as An Post may, from time to time, direct.

(3) No Postal Money Order shall be issued for an amount exceeding the limit, from time to time, prescribed by An Post.

(4) No Postal Money Order shall be issued for an amount comprising a fraction of a cent.

(5) No Postal Money Order shall be valid unless it has been

a)   printed on the form prescribed by An Post from time to time and

b)   either electronically validated by An Post or has the brand of the Office of Issue stamped on it and the initials of a person authorised by An Post endorsed on it.

Crossing of Postal Money Order

5.(1)   A Postal Money Order may be crossed.

(2)  It may be crossed generally by the addition on its face of two parallel transverse lines with or without the words “and company”, or any abbreviation thereof, written between them; it may be crossed specially by the addition on its face of the name of a Banker, in which case the order shall be deemed to be crossed to that Banker.

(3)     A Postal Money Order which is crossed generally may be crossed specially.

(4)  A Banker to whom a Postal Money Order is crossed may also cross it specially to another Banker as his agent for collection.

(5) Where a Postal Money Order is crossed generally An Post shall refuse to pay it except to a Banker.

(6) Where a Postal Money Order is crossed specially An Post shall refuse to pay it except to a Banker to whom it is crossed or to his agent for collection.

(7) Where a Postal Money Order is crossed specially to more than one Banker, except when crossed to an agent for the purpose of collection, An Post shall refuse payment thereof.

Payment at Office of Payment

6.   The following rules shall apply to the payment of a Postal Money Order otherwise than to a Banker:

(1) When a Postal Money Order is presented for payment at the Office of Payment the person presenting the Postal Money Order may be required by An Post to give the name of the Remitter and, if required, produce evidence to the satisfaction of An Post that he is the Payee of such order or a person duly authorised by the Payee to receive the amount of the Postal Money Order.

(2) A receipt for the amount of the Postal Money Order shall be signed by the Payee or a person duly authorised to sign on his behalf.

(3) When a Postal Money Order is made payable to a company, corporation or society, a receipt given by means of a stamp of the name of the company, corporation or society or in the name of the officer applying for payment shall be a good receipt to An Post.

Payment to Banker

7. The following Regulations shall apply to the payment of a Postal Money Order to a Banker:

(1) Postal Money Orders may be presented for payment by a Banker either at the Office of Payment or at an office of An Post or at such other Office of Payment at which the payment of Postal Money Orders presented by a Banker may from time to time be authorised by An Post.

(2) Where a Postal Money Order is presented by a Banker, the name of the Banker, by and on whose behalf such Postal Money Order is presented, written or stamped by way of crossing or otherwise, upon the face of the order, shall be a good receipt to An Post for the amount of such order, and it shall not be necessary for such Banker to give any information as to the Remitter.

(3) Where a Postal Money Order has been presented for payment by a Banker and has been paid to a Banker and it is afterwards discovered that such order should not have been paid or allowed to such Banker, the amount so paid or allowed may be deducted from any moneys which may thereafter become payable to such Banker for or on account of or in respect of Postal Money Orders and no objection shall be taken by any Banker to such deduction.

Electronic Payment

8.   (1) A Postal Money Order may be issued by the Office of Payment on instructions electronically conveyed from An Post within the previous six months.

(2) The Remitter of the Postal Money Order may instruct An Post to instruct the Office of Payment to generate a Postal Money Order payable to the Payee. The Remitter shall pay the prescribed charge to An Post. The Remitter may instruct An Post to convey a short written message to the Payee.

Stop Payment

9. The Remitter or the Payee may request An Post to stop payment of a Postal Money Order. An Post shall use its reasonable endeavours to comply with such request but shall have no liability to the Remitter or the Payee if such request is not complied with.

Diversion in Transit

10.(1) The Remitter or the Payee may direct that a Postal Money Order shall be payable at any Office of Payment other than the stated Office of Payment. The Remitter or the Payee, as the case may be, shall give notice in the prescribed form and shall return such notice with the Postal Money Order.

(2) Upon receipt of such notice, the Postal Money Order and the prescribed charge, An Post shall issue and transmit to the Remitter or the Payee, a new Postal Money Order payable at the Office of Payment indicated in the notice.

(3) Notwithstanding any instruction or direction given by a Remitter or Payee, An Post may direct that a Postal Money Order shall be payable at any Post Office other than the stated Office of Payment.

Redemption of Orders

11.(1) The Remitter of a Postal Money Order may require the repayment of the amount thereof to himself.

(2) In such case he shall give notice in the prescribed form to An Post and shall send with such notice the Postal Money Order, if such Postal Money Order was issued.

(3) Upon receipt of such notice and Postal Money Order if issued, An Post shall, unless it has reason to believe that the Postal Money Order has been paid, deduct from the original amount payable the prescribed charge and then issue and transmit to the Remitter a new Postal Money Order payable at the Office of Payment indicated in the notice.

Advice of Payment

12.(1) Subject to such rules as An Post may from time to time prescribe, An Post may, at the request of the Remitter of a Postal Money Order and on prepayment of the prescribed charge, forward to the Remitter an advice certificate in the prescribed form of the payment of the Postal Money Order. This Regulation shall not apply to a Postal Money Order payable in a country or place which does not for the time being undertake to obtain or give advices or certificates of payment.

(2) An Post may (whenever it shall think fit and upon payment of the prescribed charge) grant to the Remitter or the Payee a duplicate of any Postal Money Order.

Period of Validity

13. Six months from the last day of the month in which any Postal Money Order was issued, the Postal Money Order shall become void and have no effect and An Post shall be under no liability to pay it. An Post may pay the amount of such order if it thinks fit (subject to payment of the prescribed charge), despite such order being void.

Refused and Delayed Payment

14. An Post may refuse or delay payment of a Postal Money Order, notwithstanding that these Regulations have been complied with in respect of such order.

Charges

15. The prescribed charges payable in respect of Postal Money Orders are set out in the First Schedule.

Limit of Liability

16. An Post shall have no liability to the Payee of a Postal Money Order arising from any failure or delay in payment. An Post shall have no liability to the Remitter of a Postal Money Order arising from any failure or delay in paying the Order to the Payee unless such failure arises from the failure of An Post to follow the procedures laid down by it from time to time in respect of the payment of Postal Money Orders. If An Post fails to follow its own procedures its liability to the Remitter shall not exceed the amount of money remitted by the Postal Money Order together with the prescribed fee.

Waiver of Charges

17. An Post may, in any case in which it considers it just or reasonable to do so, waive any charges payable under these Regulations.

Foreign Administrations

18. (1) Where An Post has entered into an agreement with a foreign postal administration, An Post may, on receipt of the prescribed fee, issue a Postal Money Order payable by the foreign postal administration. A Postal Money Order issued under these Regulations may be reimbursed by An Post to that foreign postal administration.

(2) Where An Post has an agreement with a foreign postal administration to cash Postal Money Orders or similar instruments issued by the foreign postal administration, An Post will use its best endeavours to honour such agreement without being under any obligation to the person entitled to payment so to do.

Commencement

(1) These Regulations shall come into operation on the 1^st day of November 2001.

FIRST SCHEDULE

CHARGES

Given under the Common Seal of An Post this 1st day of November 2001.

PRESENT when the common seal of

AN POST was affixed hereto:-

_____________________________

John Hynes, Director

_____________________________

Michael Tyndall, Company Secretary.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Scheme provides for the amalgamation of the Postal Order and Money Order services and updates the regulations relating to the transmission of small sums of money to take account of developments in technology and the introduction of the Euro.