Postal and Telecommunications Services Act , 1983

PART I Preliminary and General

1 Short title.

1.—This Act may be cited as the Postal and Telecommunications Services Act, 1983.

2 Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“company” means the postal company or the telecommunications company, as the case may require;

“the Companies Acts” means the Companies Act, 1963, and the Acts which by virtue of any enactment are to be construed with it as one Act;

“functions” includes powers and duties;

“Minister” means the Minister for Posts and Telegraphs;

“postal company” means the company referred to in section 10 (1) (a);

“recognised trade unions and staff associations” means trade unions and staff associations recognised by the company for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions, of employees;

“recognised unions and associations” means unions and associations recognised by the postal company for the purpose of negotiations which are concerned with the contracts entered into by the company with postmasters;

“State authority” means an authority being—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) the Irish Land Commission;

“telecommunications company” means the company referred to in section 10 (1) (b);

“vesting day” means the day appointed under section 9 (2) to be the vesting day.

(2) Any word or expression to which a particular meaning is assigned by the Post Office Acts, 1908 to 1951, the Post Office Savings Bank Acts, 1861 to 1958, or the Telegraph Acts, 1863 to 1916, has in this Act, except where the context otherwise requires, the meaning so assigned.

(3) A reference in this Act to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended.

(4) A reference in this Act to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(5) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.

(6) Where any function of either company is, under the memorandum of association of a subsidiary (within the meaning of section 155 of the Companies Act, 1963) of that company, a function of the subsidiary every provision of this Act or any other enactment relating to the company shall, in respect of that function, apply to the subsidiary as it applies to the company.

3 Laying of orders and regulations before Houses of Oireachtas.

3.—Every order (other than an order under paragraph 2 of the Second Schedule) and every regulation made by the Minister, the Minister for Finance or the Minister for Trade, Commerce and Tourism under this Act or made by the postal company under section 84 or by the telecommunications company under section 98 shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

4 Penalties.

4.—(1) A person guilty of an offence under—

(a) section 45 of the Telegraph Act, 1863,

(b) section 6 of the Telegraph Act, 1869,

(c) section 11 of the Post Office (Protection) Act, 1884,

(d) section 53A (inserted by the Fourth Schedule) or 62 of the Post Office Act, 1908,

(e) section 13 of the Post Office (Amendment) Act, 1951, or

(f) section 37, 63, 84, 87, 98 or 99 of this Act,

shall be liable—

(i) on summary conviction, to a fine not exceeding £800 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both the fine and the imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £50,000 or, at the discretion of the court, to imprisonment for a term not exceeding 5 years or to both the fine and the imprisonment.

(2) On conviction of a person on indictment for an offence to which subsection (1) relates the court may, in addition to any other penalty, order any apparatus, equipment or other thing used to commit the offence to be forfeited.

(3) Section 13 of the Criminal Procedure Act, 1967, shall apply in relation to an offence to which subsection (1) relates as if, in lieu of the penalties provided for in subsection (3) of the said section, there were specified therein the penalties provided for in subsection (1) (i) of this section, and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.

(4) Where an offence to which subsection (1) relates is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager, or secretary of such body, that person or the person so acting, as the case may be, shall also be guilty of that offence.

5 Proceedings.

5.—(1) Summary proceedings for an offence under section 37 may be brought and prosecuted by the postal company or the telecommunications company, as the case may require.

(2) Summary proceedings for an offence under section 63 or 84 may be brought and prosecuted by the postal company.

(3) Summary proceedings for an offence under section 87, 98 (1), 98 (3) or 99 may be brought and prosecuted by the telecommunications company.

(4) Summary proceedings for an offence under—

(a) the Railways (Conveyance of Mails) Act, 1838,

(b) the Stamp Act, 1891,

(c) the Stamp Duties Management Act, 1891,

(d) the Post Office Savings Bank Acts, 1861 to 1958,

(e) the Forgery Act, 1913,

(f) the Misuse of Drugs Act, 1977,

(g) the Post Office Acts, 1908 to 1951,

in relation to any function of the postal company may be brought and prosecuted by the postal company.

(5) Summary proceedings for an offence under—

(a) the Telegraph Acts, 1863 to 1916,

(b) the Post Office (Protection) Act, 1884,

(c) the Post Office Acts, 1908 to 1951,

in relation to any function of the telecommunications company may be brought and prosecuted by the telecommunications company.

(6) Summary proceedings may be brought and prosecuted by the Minister for an offence under section 6 of the Telegraph Act, 1869, or under section 37, 63, 84, 87 or 98 of this Act.

(7) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence to which any provision of this Act relates may be instituted within 12 months from the date of the offence.

6 Expenses.

6.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

7 Repeals and revocations.

7.—The enactments specified in the Third Schedule are hereby repealed or revoked with effect from the vesting day to the extent specified in the third column.

8 Consequential amendment of enactments.

8.—(1) Every enactment mentioned in the Fourth Schedule shall, on and after the vesting day, have effect as amended in the third column and shall be construed accordingly.

(2) The Minister may, for the purpose of giving full effect to the assignment of functions under this Act to either company, by order adapt any enactment with the consent of any other Minister responsible for the administration of that enactment.

PART II Establishment of an Post and Bord Telecom Éireann

9 Formation of companies.

9.—(1) The Minister, after consultation with the Minister for Finance, shall cause two limited companies conforming to the conditions laid down in this Act to be formed and registered under the Companies Acts.

(2) The Minister shall by order appoint a day to be the vesting day for each of the two companies as soon as practicable after the companies have been registered.

10 Names and capital formation of companies.

10.—(1) The names of the companies shall be, respectively—

(a) An Post or, in the English language, The Post Office, and

(b) Bord Telecom Éireann or, in the English language, The Irish Telecommunications Board.

(2) Each company shall be exempt from the requirement of section 6 (1) (a) of the Companies Act, 1963, to include the word “limited” or “teoranta” in its title.

(3) (a) Subject to paragraph (c), the authorised share capital of An Post shall be an amount not exceeding the total of the following—

(i) the value of the property to be transferred to the company on the vesting day under sections 40 and 41,

(ii) the amount of money which may be made available to the company under section 29 (1) to finance capital works, and

(iii) the amount of working capital to be made available to the company under section 31,

divided into shares of one pound each.

(b) Subject to paragraph (c), the authorised share capital of Bord Telecom Éireann shall be an amount not exceeding the total of the following—

(i) the value of the property to be transferred to the company on the vesting day under sections 40 and 41, less the amount by which sums issued by the Minister for Finance under the Telecommunications Capital Acts, 1924 to 1981, which have not been repaid before that day exceed the sum of £355,000,000 plus the amount of the outstanding liability of the Minister to Irish Telecommunications Investments Limited immediately before the vesting day, and

(ii) the amount of working capital to be made available to the company under section 31,

divided into shares of one pound each.

(c) The totals obtained under paragraphs (a) and (b) shall, if required, be rounded upwards to the nearest £500,000 or £1,000,000, as the case may be.

(d) Each company may, with the consent of the Minister and the Minister for Finance, divide the shares in its share capital into several classes and attach thereto respectively any preferential, deferred, qualified or special rights, privileges or conditions.

11 Form of memorandum of association.

11.—The memorandum of association of each company shall be in such form consistent with this Act as may be approved of by the Minister with the consent of the Minister for Finance.

12 Principal objects of postal company.

12.—(1) The principal objects of the postal company shall be stated in its memorandum of association to be—

(a) to provide a national postal service within the State and between the State and places outside the State,

(b) to meet the industrial, commercial, social and household needs of the State for comprehensive and efficient postal services and, so far as the company considers reasonably practicable, to satisfy all reasonable demands for such services throughout the State,

(c) to provide services by which money may be remitted (whether by means of money orders, postal orders or otherwise) as the company thinks fit,

(d) to provide counter services for the company's own and Government business and, provided that they are compatible with those services and with the other principal objects set out in this subsection, for others as the company thinks fit, and

(e) to provide such consultancy, advisory, training and contract services inside and outside the State as the company thinks fit.

(2) Nothing in this section shall prevent or restrict the inclusion among the objects of the company as stated in its memorandum of association of all such objects and powers as are reasonably necessary or proper for or incidental or ancillary to the due attainment of the principal objects aforesaid and are not inconsistent with this Act.

(3) The company shall have power to do anything which appears to it to be requisite, advantageous or incidental to, or which appears to it to facilitate, either directly or indirectly, the performance by it of its functions as specified in this Act or in its memorandum of association and is not inconsistent with any enactment for the time being in force.

13 General duty of postal company.

13.—(1) It shall be the general duty of the postal company to conduct the company's affairs so as to ensure that—

(a) charges for services are kept at the minimum rates consistent with meeting approved financial targets, and

(b) revenues of the company are not less than sufficient to—

(i) meet all charges properly chargeable to revenue account (including depreciation of assets and proper allocation to general reserve) taking one year with another,

(ii) generate a reasonable proportion of capital needs, and

(iii) remunerate capital and repay borrowings.

(2) Nothing in section 12 or this section shall be construed as imposing on the company, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.

14 Principal objects of telecommunications company.

14.—(1) The principal objects of the telecommunications company shall be stated in its memorandum of association to be—

(a) to provide a national telecommunications service within the State and between the State and places outside the State,

(b) to meet the industrial, commercial, social and household needs of the State for comprehensive and efficient telecommunications services and, so far as the company considers reasonably practicable, to satisfy all reasonable demands for such services throughout the State, and

(c) to provide such consultancy, advisory, training and contract services inside and outside the State as the company thinks fit.

(2) Nothing in this section shall prevent or restrict the inclusion among the objects of the company as stated in its memorandum of association of all such objects and powers as are reasonably necessary or proper for or incidental or ancillary to the due attainment of the principal objects aforesaid and are not inconsistent with this Act.

(3) The company shall have power to do anything which appears to it to be requisite, advantageous or incidental to, or which appears to it to facilitate, either directly or indirectly, the performance by it of its functions as specified in this Act or in its memorandum of association and is not inconsistent with any enactment for the time being in force.

15 General duty of telecommunications company.

15.—(1) It shall be the general duty of the telecommunications company to conduct the company's affairs so as to ensure that—

(a) charges for services are kept at the minimum rates consistent with meeting approved financial targets, and

(b) revenues of the company are not less than sufficient to—

(i) meet all charges properly chargeable to revenue account (including depreciation of assets and proper allocation to general reserve) taking one year with another,

(ii) generate a reasonable proportion of capital needs, and

(iii) remunerate capital and repay borrowings.

(2) Nothing in section 14 or this section shall be construed as imposing on the company, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.

16 Articles of association.

16.—(1) The articles of association of each company shall be in such form consistent with this Act as may be approved of by the Minister with the consent of the Minister for Finance and, where appropriate, the consent of the Minister for the Public Service.

(2) The articles of association of each company shall provide that—

(a) the number of directors (including the chairman) shall be at least 12 or such greater number as the Minister with the consent of the Minister for Finance may determine from time to time;

(b) the chairman and other directors shall be appointed and may be removed from office by the Minister with the consent of the Minister for Finance;

(c) the remuneration of the chairman and other directors shall be determined by the Minister with the consent of the Minister for the Public Service;

(d) no person shall be appointed as auditor of the company without the approval of the Minister given with the consent of the Minister for Finance;

(e) the company shall, in consultation and agreement with recognised trade unions and staff associations, set up machinery for the purposes of negotiations concerned with the pay and conditions of service of its staff;

(f) the company shall not invest in any other undertaking without the approval of the Minister given with the consent of the Minister for Finance.

(3) The articles of association of the postal company shall provide that the company shall, in consultation and agreement with recognised unions and associations, set up machinery for the purposes of negotiations concerning the remuneration and other contractual conditions of postmasters.

17 Restriction on alteration of memorandum or articles of association.

17.—Notwithstanding anything contained in the Companies Acts, no alteration in the memorandum of association or articles of association of either company shall be valid or effectual unless made with the prior approval of the Minister given with the consent of the Minister for Finance and, where appropriate, the consent of the Minister for the Public Service. Any proposed alteration shall be notified by the company to recognised trade unions and staff associations and recognised unions and associations.

18 Issue of shares to the Minister in consideration of transfer of property.

18.—(1) The postal company shall issue shares to the Minister to the value of the property transferred to it on the vesting day in accordance with sections 40 and 41.