Communications Regulation (Postal Services) Act 2011
Authorisation to provide a postal service. |
38.— (1) A person who intends to provide a postal service shall, before doing so, having regard to the guidelines published by the Commission under section 37 , make a notification to the Commission in accordance with this section of his or her intention to provide such a service. | |
(2) In the case of a person who is providing a postal service immediately before the passing of this Act, before the expiration of 1 month after the publication of guidelines by the Commission under section 37 , the person shall make a notification to the Commission in accordance with this section in respect of the postal service concerned. | ||
(3) A notification made under subsection (1) or (2) shall be in such form as the Commission determines and shall include— | ||
(a) the name of the person and, in the case of a body corporate that is a company, the company registration number, | ||
(b) the business address of the person and, in the case of a body corporate that is a company, where that address differs from the address of its registered office, the address of its registered office, | ||
(c) particulars identifying one or more persons who may be contacted, | ||
(d) a short description of the postal service concerned and the geographical scope of that service, | ||
(e) where relevant, the estimated date of commencement for the postal service concerned, | ||
(f) a declaration under subsection (6), and | ||
(g) such other information as the Commission considers appropriate. | ||
(4) Upon receipt by the Commission of a notification made under subsection (1) or (2), the person making the notification is deemed to be a postal service provider authorised to provide the postal service concerned, subject to the conditions specified in section 39 applicable to that service. | ||
(5) A person or postal service provider who makes a notification under subsection (1) or (2) shall notify the Commission in such form and manner as the Commission may determine of any changes to the information given under subsection (3)— | ||
(a) in relation to the matters referred to in paragraphs (a) to (d) and (g) of subsection (3), within 14 days from such change, and | ||
(b) in the case of a notification made under subsection (1), in relation to the matters referred to in subsection (3)(e) and (f), before commencement of the postal service concerned. | ||
(6) The declaration referred to in subsection (3)(f) shall— | ||
(a) be made in such form and manner as the Commission determines, | ||
(b) be made by the person making the notification, and | ||
(c) state whether the postal service concerned is, or is not, within the scope of the universal postal service. | ||
(7) A person who— | ||
(a) fails to comply with subsection (1), (2) or (5), or | ||
(b) makes a notification or a declaration which is to his or her knowledge false or misleading in any material respect, | ||
commits an offence and is liable on summary conviction to a class A fine. | ||
(8) (a) In this subsection “Regulations of 2002” means the European Communities (Postal Services) Regulations 2002 ( S.I. No. 616 of 2002 ). | ||
(b) Notwithstanding the revocation of the Regulations of 2002 by section 4 (2), the obligations applying by virtue of the Regulations of 2002 to a person to whom a postal service authorisation (within the meaning of those Regulations) has been granted under Regulation 7 of those Regulations shall continue to apply until the date on which that person makes a notification to the Commission under subsection (2). | ||
(c) References in any enactment to a person authorised under Regulation 7 of the Regulations of 2002 shall, after the date referred to in paragraph (b), be read as references to a postal service provider deemed to be authorised under this section. | ||
(9) The Commission shall have regard to the need to keep the burden of compliance with this section on persons making a notification to the Commission under subsection (1) or (2) to the minimum possible consistent with the purpose, and the effective enforcement of, this section. |