Communications Regulation (Postal Services) Act 2011

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Number 21 of 2011

COMMUNICATIONS REGULATION (POSTAL SERVICES) ACT 2011

ARRANGEMENT OF SECTIONS

PART 1

Preliminary

Section

1. Short title, collective citation and construction.

2. Definition.

3. Expenses.

4. Repeals and revocations.

5. Amendments to other enactments.

PART 2

Regulation of Postal Services

Chapter 1

Interpretation and general

6. Interpretation (Part 2).

7. Service of notices under this Part.

Chapter 2

Commission for Communications Regulation

8. Amendment of section 2 of Principal Act (interpretation).

9. Amendment of section 10 of Principal Act (functions of Commission).

10. Amendment of section 12 of Principal Act (objectives of Commission).

11. Power of Commission to obtain information from postal service provider.

12. Alternative procedure for enforcement of section 13F of Principal Act.

13. Amendment of section 38A of Principal Act (Commission may require persons to give evidence or produce documents).

14. National regulatory authority.

15. Public consultation process.

Chapter 3

Universal postal service

16. Universal postal service.

Chapter 4

Universal postal service provider

17. Designation of An Post as universal postal service provider.

18. Designation of universal postal service providers — general provisions.

19. Review by Commission.

20. Notification of designation.

21. Designation subject to certain requirements.

22. Terms and conditions of and charges made in respect of provision of universal postal service — An Post.

23. Terms and conditions of and charges made in respect of provision of universal postal service — subsequent universal postal service providers.

24. Terms and conditions, charges — provisions of general application.

25. Transitional provision — An Post.

26. Limitation of liability of universal postal service provider.

27. Power to require carrying of postal packets and mail bags by ship or aircraft.

28. Tariff requirements.

29. Terminal dues and evasion of postage.

30. Price regulation.

31. Universal postal service accounting obligations.

32. Quality of service standards.

33. Access to postal network of universal postal service provider.

34. Access to postal infrastructure.

Chapter 5

Financial support for universal postal service provision

35. Net cost of provision of universal postal service.

36. Financing of provision of universal postal service.

Chapter 6

Regulation of Postal Service Providers

37. Postal services within scope of universal postal service.

38. Authorisation to provide a postal service.

39. Conditions of authorisation.

40. Register of postal service providers.

41. Suspension or withdrawal of authorisation.

42. Withdrawal of postal services.

43. Complaints and redress procedures.

44. Amendment of section 30 of Principal Act (levies and fees).

45. Protection of whistleblowers.

Chapter 7

Inviolability of mails, etc.

46. Inviolability of mails and immunity from prosecution.

47. Powers as to the transmission of postal packets.

48. Power to detain postal packets.

Chapter 8

Evidential provisions

49. Evidential provisions in relation to postage.

50. Evidence of thing being a postal packet.

Chapter 9

Enforcement

51. Directions and compliance.

52. Appeals to High Court.

Chapter 10

Offences in relation to postal services

53. Prohibition on opening of postal packets and mail bags.

54. Ministerial directions to postal service providers.

55. Prohibition on sending certain articles by post.

56. Obstruction of a universal postal service provider.

57. Prohibition on interference with post boxes.

58. Secretion of a postal packet.

59. Amendment of section 43 of Principal Act (prosecution of summary offences by Commission).

60. Amendment of section 44 of Principal Act (notice by Commission of intention to prosecute, etc.).

Chapter 11

Regulation of provision of free postage to candidates

61. Provision of free postage to candidates.

62. Amendments to Seanad Electoral (University Members) Act 1937.

63. Amendments to Electoral Act 1992.

64. Amendments to Presidential Elections Act 1993.

65. Amendments to European Parliament Elections Act 1997.

PART 3

The National Postcode System

66. The national postcode system.

PART 4

Amendments to Broadcasting Act 2009

67. Definition (Part 4).

68. Amendment of section 118 of Act of 2009 (principal objects and associated powers of TG4).

69. Amendment of section 123 of Act of 2009 (allocation of public funding).

70. Amendment of section 124 of Act of 2009 (recommendations as to changes to public funding).

71. Amendment of section 145 of Act of 2009 (issue of television licences by agent).

72. Amendment of section 154 of Act of 2009 (broadcasting funding scheme).

SCHEDULE 1

Repeals and Revocations

PART 1

Repeals

PART 2

Revocations

SCHEDULE 2

Amendments to other enactments

SCHEDULE 3

Quality Standards for Intra-Community Cross-Border Mail

SCHEDULE 4

Guidance on Calculating the net cost, if any, of Universal Service

Acts Referred to

Number 21 of 2011

COMMUNICATIONS REGULATION (POSTAL SERVICES) ACT 2011

AN ACT TO PROVIDE FOR THE REGULATION OF POSTAL SERVICES, TO PROVIDE FOR THE IMPLEMENTATION OF DIRECTIVE 97/67/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 15 DECEMBER 1997 ¹ AS AMENDED BY DIRECTIVE 2002/39/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 10 JUNE 2002 ² AND DIRECTIVE 2008/6/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 20 FEBRUARY 2008 ³ , TO CONFER ADDITIONAL FUNCTIONS ON THE COMMISSION FOR COMMUNICATIONS REGULATION, TO ENSURE THE PROVISION OF A UNIVERSAL POSTAL SERVICE, TO PROVIDE FOR THE DESIGNATION OF A UNIVERSAL POSTAL SERVICE PROVIDER, TO PROVIDE FOR FINANCIAL SUPPORT FOR UNIVERSAL POSTAL SERVICE PROVISION, TO PROVIDE FOR THE AUTHORISATION OF POSTAL SERVICE PROVIDERS, TO MAKE FURTHER PROVISION IN RELATION TO POSTAL SERVICES, TO PROVIDE FOR ENFORCEMENT MEASURES, TO PROVIDE FOR OFFENCES IN RELATION TO POSTAL SERVICES, TO REGULATE THE PROVISION OF FREE POSTAGE FOR CERTAIN CANDIDATES FOR ELECTION, TO PROVIDE FOR THE ESTABLISHMENT, OPERATION AND MAINTENANCE OF A SYSTEM OF POSTCODES, FOR THOSE AND OTHER PURPOSES TO REPEAL CERTAIN PROVISIONS OF, AND TO AMEND AND EXTEND, THE COMMUNICATIONS REGULATION ACT 2002, THE INTERCEPTION OF POSTAL PACKETS AND TELECOMMUNICATIONS MESSAGES (REGULATION) ACT 1993, THE SEANAD ELECTORAL (UNIVERSITY MEMBERS) ACT 1937, THE ELECTORAL ACT 1992, THE PRESIDENTIAL ELECTIONS ACT 1993, THE EUROPEAN PARLIAMENT ELECTIONS ACT 1997 AND CERTAIN OTHER ACTS AND STATUTORY INSTRUMENTS, TO AMEND THE BROADCASTING ACT 2009 AND TO PROVIDE FOR RELATED MATTERS.

[2nd August, 2011]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

¹ OJ No. L15, 21.1.1998, p.14

² OJ No. L176, 5.7.2002, p.21

³ OJ No. L52, 27.2.2008, p.3