Postal and Telecommunications Services Act , 1983

(b) The Minister may by order revoke an order made under paragraph (a) and if such an order is revoked or is annulled under section 3, the licence granted by the order shall stand revoked.

74 Schemes for free postage for electoral candidates.

74.—(1) The company may, with the consent of the Minister, after consultation with the Minister for the Environment and, where appropriate, the Minister for Defence, make schemes for regulating the conditions under which free postage is to be provided under—

(a) section 50 of the Prevention of Electoral Abuses Act, 1923,

(b) section 25 of the Seanad Electoral (University Members) Act, 1937,

(c) section 34 of the Presidential Elections Act, 1937,

(d) rule 18 of Part I of the First Schedule to the European Assembly Elections Act, 1977.

(2) A scheme made under this section may amend or revoke any previous scheme made thereunder.

(3) The Minister, after consultation with the company and the Minister for the Environment and, where appropriate, the Minister for Defence, may direct the company to make or amend a scheme under this section and the company shall comply with that direction.

(4) Regulations made by the Minister under—

(a) the Prevention of Electoral Abuses Act, 1923,

(b) the Seanad Electoral (University Members) Act, 1937,

(c) the Presidential Elections Act, 1937,

(d) the European Assembly Elections Act, 1977,

shall have effect on and after the vesting day with the substitution of references to the company for references to the Minister for Posts and Telegraphs and of references to an officer of the company for references to an officer of the Minister for Posts and Telegraphs as if they were schemes made by the company under subsection (1).

(5) A scheme made under this section shall have effect as if it were a scheme made by the company under section 70.

75 Recoupment of free postage for elections, referenda and messages to certain organs of State.

75.—The company shall be entitled to be recouped out of the Central Fund or the growing produce thereof for the loss of postage which it incurs by reason of any enactment providing for free postage in connection with any election or referendum or any petition or address to the President, the Government or either House of the Oireachtas.

76 Issue of television and other licences.

76.—(1) The Minister may by order empower the company to issue on his behalf and on payment of the appropriate fee licences for television sets and other apparatus in accordance with the Wireless Telegraphy Acts, 1926 to 1972.

(2) The Minister may supply to the company information concerning transactions in television sets supplied to him by television dealers under the Wireless Telegraphy Act, 1972.

(3) The Minister may by order empower the company to exercise on his behalf the functions conferred on him by the Wireless Telegraphy Act, 1972, in so far as that Act relates to the registration of television dealers and the supply of information to him by dealers.

(4) The Minister may by order empower the company to exercise the functions conferred on him by or under the Wireless Telegraphy Acts, 1926 to 1972, in relation to the collection of fees for and sale of television and other licences and the identification of persons who have television sets or other apparatus not authorised by a licence for the time being in force.

(5) The Minister, after consultation with the company, may by order amend or revoke an order under the previous provisions of this section.

(6) The company shall furnish such information as the Minister may require in relation to the exercise of functions assigned to it under this section.

77 Summary proceedings under Wireless Telegraphy Acts, 1926 to 1972.

77.—Summary proceedings may be brought and prosecuted by the company for the following offences under the Wireless Telegraphy Acts, 1926 to 1972—

(a) where an order under section 76 (3) is in force, a contravention by a television dealer of any provision of the Wireless Telegraphy Act, 1972;

(b) where an order under section 76 (4) is in force, an offence relating to keeping or having in one's possession a television set or other apparatus not authorised by a licence for the time being in force.

78 Payment by postal company of moneys received for television and other licences.

78.—(1) The company shall pay to the Minister promptly the amounts collected by the company in respect of the issue of television and other licences.

(2) The manner of payment and the periods for which payments are to be made in respect of the issue of television and other licences shall be decided by the Minister after consultation with the company.

79 Recoupment of postal company for cost of issue of television and other licences.

79.—(1) The Minister shall pay to the company an appropriate sum in respect of work done by the company in the exercise of powers conferred on it under section 76.

(2) The appropriate sum payable by the Minister to the company and the manner in which and the intervals at which it is to be paid shall be decided by the company with the consent of the Minister.

80 Hours of business of telegraph offices under control of postal company.

80.—The company may, after consultation with the telecommunications company, determine the hours during which telegraph offices under its control shall, on and after the vesting day, be open for the transaction of telegraph business and, in the event of a difference between the companies, the question may be referred by either company to the Minister whose decision shall be final.

81 Postmaster director.

81.—(1) The Minister shall appoint to be a director of the company one postmaster elected in accordance with this section.

(2) An appointment under this section shall be in writing and shall specify the day on and from which and the period during which it is to have effect, which period shall be determined by the Minister.

(3) The term of office of a director who is appointed under this section shall, unless he sooner dies, resigns, ceases to be a postmaster, becomes disqualified or is removed from office, terminate on the expiration of the period for which he was appointed.

(4) The Minister may appoint a postmaster eligible to be nominated as a candidate at an election under this section to fill a casual vacancy arising by reason of an event mentioned in subsection (3) for the remainder of the term of office of the director whose vacancy is to be filled.

(5) A director appointed under this section shall, subject to this section, be eligible for nomination as a candidate and for election at an election.

(6) An election for the purposes of this section shall be held within 12 months after the vesting day or such longer period as may be agreed between the company and recognised unions and associations representing postmasters and in each third year thereafter.

(7) Part II of the First Schedule shall apply for the purposes of an election under this section.

(8) (a) The Minister shall appoint to be a director of the company the postmaster who was appointed by him as a member of the Interim Board for Posts (An Bord Poist), which was established by the Minister before the passing of this Act, if that person is—

(i) appointed to be a member of the Interim Postal Board under section 50, and

(ii) is a member of that Board immediately before the vesting day.

(b) The term of office of a director appointed under paragraph (a) shall begin on the vesting day, may be terminated by the Minister and shall, at the latest, cease on the day on which a director is appointed after elections under this section.

82 Entry of staff of company to harbours and Customs-free airport.

82.—A member of the staff of the company shall, while acting in the execution of his duty as such member—

(a) have the right to enter or leave any part of a harbour, and

(b) have the right to enter or leave the Customs-free airport established under the Customs-free Airport Act, 1947, and buildings, aircraft, ships, boats and vehicles therein.

83 Powers as to the transmission of postal packets.

83.—The company may—

(a) refuse, detain, defer, withhold, return or dispose of postal packets which do not comply with schemes under section 70 or with the provisions of this Act, or which consist of or contain objectionable matter,

(b) open—

(i) unsealed postal packets,

(ii) postal packets which are undeliverable,

(iii) postal packets awaiting collection poste restante and not collected,

(iv) parcels due for collection and not collected,

(c) make provisions and impose conditions and restrictions as to the mode of packing, colour, form and design of packets and classes of packets,

(d) demand prepayment or security for postage or other charges which may become due,

(e) register any packet with or without the consent of the consignor and require payment of a fee for such registration,

(f) remit postage,

(g) defer the despatch or delivery of a postal packet where the company considers it to be necessary in the interest of the service.

84 Prohibition on opening, etc., of postal packets.

84.—(1) A person who—

(a) opens or attempts to open a postal packet addressed to another person or delays or detains any such postal packet or does anything to prevent its due delivery or authorises, suffers or permits another person (who is not the person to whom the postal packet is addressed) to do so, or

(b) discloses the existence or contents of any such postal packet, or

(c) uses for any purpose any information obtained from any such postal packet, or

(d) tampers with any such postal packet,

without the agreement of the person to whom the postal packet is addressed shall be guilty of an offence.

(2) Subsection (1) shall not apply to any person who is acting—

(a) in virtue of any power conferred on the company by section 83, or

(b) in pursuance of a direction issued by the Minister under section 110, or

(c) under other lawful authority.

(3) (a) The company may, with the consent of the Minister, make regulations to carry out the intentions of this section in so far as concerns members of its staff.

(b) The Minister, after consultation with the company, may direct the company to make regulations under paragraph (a) or to amend or revoke regulations made under that paragraph and the company shall comply with that direction.

(c) A person who contravenes any regulation under this subsection shall be guilty of an offence.

85 Transitional financial provisions.

85.—(1) The company shall pay to or in respect of every member of the staff of the Department of Posts and Telegraphs transferred to the service of the company any amount due to or in respect of that member in respect of service with the Department and unpaid on the vesting day and the company shall, with the concurrence of the Minister for Finance, be reimbursed by the Minister.

(2) The Minister shall, with the concurrence of the Minister for Finance, pay to the company an amount equal to advance payments received by him in respect of postal services to be provided by the company.

(3) The company shall be entitled to receive from the Minister, with the concurrence of the Minister for Finance, an amount equivalent to the value of money orders and postal orders issued before the vesting day on which payment is outstanding on the vesting day.

(4) The company shall pay to the Minister an amount equivalent to the cash on hands in post offices at the close of business on the last working day before the vesting day.

(5) All sums required to be paid under this section shall become due and payable on such date as the Minister, in consultation with the company and with the concurrence of the Minister for Finance, may determine.

(6) The company shall supply the Minister with such information, records and documents as the Minister may require for the purposes of this section and the Minister and his officers shall have the right to inspect and take copies of all relevant records and documents of the company.

(7) In the event of a disagreement as to any amount to be paid by the company to the Minister or by the Minister to the company under this section the decision of the Minister, given with the concurrence of the Minister for Finance, shall be final.

PART V The Telecommunications Company

86 Telecommunications company.

86.—In this Part “company” means the telecommunications company.

87 Exclusive privilege of the telecommunications company.

87.—(1) The company shall, subject to the provisions of this section, have the exclusive privilege of offering, providing and maintaining telecommunications services for transmitting, receiving, collecting and delivering telecommunications messages within the State up to (and including) a connection point in the premises of a subscriber for any such service.

(2) The said privilege is granted to the company—

(a) in view of its primary purpose of providing a national telecommunications service and of the general duty imposed on it by section 15, and

(b) in recognition of the fact that a privilege of this kind is appropriate having regard to the area and population of the State and the present state of development of telecommunications technology, and

(c) because a viable national telecommunications system involves subsidisation of some loss-making services by profit-making services.

(3) Each of the following shall not be regarded as a breach of the exclusive privilege granted by this section—

(a) services provided and maintained by a person solely for his domestic use,

(b) services provided and maintained by a business for use between employees for the purposes of the business and not rendering a service to any other person,

(c) services provided and maintained by a person by means of apparatus situated wholly in a single set of premises occupied by him,

(d) the operation of a broadcasting station under licence granted by the Minister,

(e) radio communications systems provided under licences granted under the Wireless Telegraphy Acts, 1926 to 1972,

(f) cable television systems licensed under the Wireless Telegraphy Acts, 1926 to 1972,

(g) services provided in accordance with the terms and conditions of a licence granted by the company under section 89 or by the Minister under section 111.

(4) A person who breaches the exclusive privilege granted by this section, or who attempts to breach that privilege or who aids, abets, counsels or procures such a breach, or who conspires with, solicits or incites any other person to breach that privilege, shall be guilty of an offence. In any proceeding in relation to that offence it shall lie upon the person proceeded against to prove that the act or omission in respect of which the offence is alleged to have been committed was done in conformity with this section.

88 Limitation of liability of the telecommunications company.

88.—(1) Subject to subsection (3), the company shall be immune from all liability in respect of any loss or damage suffered by a person in the use of a service referred to in paragraph (a), (b) or (c) by reason of—

(a) failure or delay in providing, operating or maintaining a telecommunications service,

(b) failure, interruption, suspension or restriction of a telecommunications service,

(c) any error or omission in a directory published by the company or any telegrams or telex messages transmitted by the company.

(2) The members of the staff of the company shall be immune from civil liability except at the suit of the company in respect of any loss or damage referred to in subsection (1).

(3) (a) Section 39 of the Sale of Goods and Supply of Services Act, 1980, shall not apply to the provision of international services by the company.

(b) The said section 39 shall not apply to the provision of telecommunications services within the State until such date as the Minister for Trade, Commerce and Tourism, after consultation with the Minister, by order provides, whether in relation to such services generally or in relation to services of a class defined in the order in such manner and by reference to such matters as the Minister for Trade, Commerce and Tourism, after such consultation, thinks proper.

89 Grant of licences for the provision of telecommunications services.

89.—(1) The company may, with the consent of the Minister and subject to such terms and conditions as the Minister may approve, grant, on the application of any person, a licence to the person to provide a telecommunications service within the exclusive privilege granted to the company by section 87.

(2) Where the company refuses to grant a licence under subsection (1) the applicant may appeal to the Minister against the refusal.

(3) The Minister may, as he sees fit, appoint an advisory committee or advisers to advise him in relation to appeals under this section.

(4) (a) The Minister may by order grant a licence on an appeal under this section if in his opinion the grant of the licence is in the public interest and is consistent with the reasons given in section 87 (2) for the grant of the exclusive privilege to the company.

(b) The Minister may by order revoke an order under paragraph (a) and if such an order is revoked or is annulled under section 3, the licence granted by the order shall stand revoked.

90 Charges and other terms applicable to services.

90.—(1) Subject to this Act the company may make, as respects any of the telecommunications services provided by it, a scheme providing for—

(a) either or both of the following—

(i) all charges which (save in so far as may otherwise be agreed between the company and a person availing himself of any such service) are to be made by it,

(ii) the other terms and conditions which (save as aforesaid) are to be applicable to those services,

(b) the prohibition of transmission of objectionable matter.

(2) The company shall not increase any charge under a scheme under this section without the concurrence of the Minister.

(3) A scheme made under this section may revoke or amend any previous scheme made under this section and any regulations to which section 92 relates.

(4) A scheme under this section shall come into operation on such day as is specified therein.

(5) Every scheme under this section shall be published as soon as may be.

91 Evidence as to sum due for telecommunications services.

91.—(1) A certificate purporting to be signed by an officer of the company that a specified sum is due to the company from a specified person for any subscription, fee, charge, expense, damage or loss in respect of any service provided by the company in the exercise of a function assigned to it under this Act shall, without proof, be prima facie evidence in any proceedings by or against the specified person, his personal representatives or successors in title.

(2) For the purposes of subsection (1) the reference to a sum due to the company shall include a sum originally due to the Minister under the regulations referred to in section 92 (1) which is due to the company on the vesting day.

92 Transitional provisions as to regulations under Telegraph Acts, 1863 to 1953.

92.—(1) Regulations in force immediately before the vesting day under the Telegraph Acts, 1863 to 1953, and not revoked by a scheme under section 90 or by any provision of this Act shall, with the substitution for references to the Minister for Posts and Telegraphs and the Department of Posts and Telegraphs of references to the company, unless otherwise provided in the Third or Fourth Schedule, have effect on and after the vesting day as if they were provisions of schemes made under section 90.

(2) A certificate purporting to be signed by an officer of the company that charges fixed by the Minister under regulations to which subsection (1) relates applied on a specified date shall be prima facie evidence of the matters so certified.

(3) (a) If an agreement or licence in force immediately before the vesting day contains a reference to a provision in any regulations to which subsection (1) relates and that provision is revoked under section 90 during the currency of the agreement or licence, the reference shall be taken as referring to the corresponding provision (if any) of a scheme under that section.

(b) Any reference in any such agreement or licence to a provision in a regulation relating to limitation of liability shall continue to be read as if that provision were still in force.

93 Transfer to the company of deposits paid to the Minister for telephone and telex charges.

93.—Any sum of money paid to the Minister before the vesting day as security for payment of any charge due in respect of telecommunications services which is not repaid before the vesting day shall be transferred by the Minister to the company as soon as may be after the vesting day.

94 Continuance of proceedings for settlement of disputes.

94.—All proceedings in the nature of arbitration for the settlement of disputes and differences or the recovery of expenses under the Telegraph Acts, 1863 to 1953, which are pending on the vesting day and to which the Minister is a party shall be continued with the substitution for the Minister of the company.

95 Precabling of housing and industrial estates.

95.—(1) The Minister, after consultation with the Minister for the Environment, may make regulations requiring persons engaged in the provision of housing and industrial estates and other building developments (including developments by local authorities) to provide such facilities as would enable telecommunications services to be provided in those buildings in the most expeditious and efficient manner.

(2) The regulations may specify the categories of development to which the regulations are to apply by reference to size, location and other relevant matters.

(3) The regulations may specify the types of facilities to be supplied or works to be carried out and may set out the conditions to be observed in the provision or construction of those facilities.

(4) The regulations may specify the rules and procedures for the inspection and certification by the company of such facilities and works.

(5) The regulations may specify any other relevant matters which the Minister considers to be desirable or necessary.

96 Control of telecommunications services.

96.—The company may—

(a) determine the duration of any telephone or telex call,

(b) suspend or interrupt a telecommunications service or refuse to implement or terminate an agreement with a subscriber to such a service or with an applicant for such a service where the subscriber or applicant fails to comply with or contravenes a scheme under section 90 or any provision of this Act,

(c) require security for and advance payment in respect of charges for telephone, telex, telegram or other services provided or to be provided by the company,

(d) prohibit transmission of objectionable messages,

(e) disconnect telephone or telex calls or exchange lines or telex installations or alter exchange lines for technical reasons or recover exchange lines.

97 Irish Telecommunications Investments Limited.

97.—(1) The shares in Irish Telecommunications Investments Limited held immediately before the vesting day by nominees of the Minister and the Minister for Finance, respectively, shall on that day stand transferred to such persons (one of whom may be the telecommunications company) as are nominated in that behalf by the telecommunications company with the concurrence of the said Ministers and shall be held by such persons in trust for the company.

(2) The memorandum of association and articles of association of Irish Telecommunications Investments Limited shall be appropriately amended with effect on the vesting day, with the concurrence of the said Ministers, to take account of the transfer effected by subsection (1).

98 Prohibition on interception of telecommunications messages.

98.—(1) A person who—

(a) intercepts or attempts to intercept, or

(b) authorises, suffers or permits another person to intercept, or

(c) does anything that will enable him or another person to intercept,

telecommunications messages being transmitted by the company or who discloses the existence, substance or purport of any such message which has been intercepted or uses for any purpose any information obtained from any such message shall be guilty of an offence.

(2) Subsection (1) shall not apply to any person who is acting—

(a) (i) for the purpose of an investigation by a member of the Garda Síochána of a suspected offence under section 13 of the Post Office (Amendment) Act, 1951 (which refers to telecommunications messages of an obscene, menacing or similar character) on the complaint of a person claiming to have received such a message, or

(ii) in pursuance of a direction issued by the Minister under section 110, or

(iii) under other lawful authority, or

(b) in the course of and to the extent required by his operating duties or duties for or in connection with the installation or maintenance of a line, apparatus or equipment for the transmission of telecommunications messages by the company.

(3) (a) The company may, with the consent of the Minister, make regulations to carry out the intentions of this section in so far as concerns members of its staff.

(b) The Minister, after consultation with the company, may direct the company to make regulations under paragraph (a) or to amend or revoke regulations made under that paragraph and the company shall comply with that direction.

(c) A person who contravenes any regulation under this subsection shall be guilty of an offence.

(4) (a) The Minister may make regulations prohibiting the provision or operation of overhearing facilities in relation to any apparatus (including private branch telephone exchanges) connected to the network of the company otherwise than in accordance with such conditions as he considers to be reasonable and prescribes in the regulations.

(b) A person who contravenes any regulation under this subsection shall be guilty of an offence.

(5) In this section, “interception” means listening to, or recording by any means, or acquiring the substance or purport of, any telecommunications message without the agreement of the person on whose behalf that message is transmitted by the company and of the person intended by him to receive that message.

99 Fraudulent use of telecommunications system.

99.—(1) A person who wilfully causes the company to suffer loss in respect of any rental, fee or charge properly payable for the use of the telecommunications system or any part of the system or who by any false statement or misrepresentation or otherwise with intent to defraud avoids or attempts to avoid payment of any such rental, fee or charge shall be guilty of an offence.

(2) A person who connects or causes to be connected any apparatus or device to, or places or causes to be placed any apparatus or device in association or conjunction with, the telecommunications system operated by the company or any part of the system the effect of which might result in the provision by the company of a service to any person without payment of the appropriate rental, fee or charge shall be guilty of an offence.

100 Repayment of certain advances under Telecommunications Capital Acts, 1924 to 1981.

100.—(1) Notwithstanding anything in the Telecommunications Capital Acts, 1924 to 1981, the company shall become liable on the vesting day to pay to the Minister for Finance the amount by which sums issued by him under those Acts 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, together with the interest on that amount at such rate or rates as he, after consultation with the Minister and the company, may appoint.

(2) The company shall pay to the Minister for Finance the moneys due under subsection (1) at such times and in such instalments as he, after consultation with the Minister and the company, may appoint.

(3) (a) If the company fails to make a payment as required under subsection (2), the company shall remain liable to the Minister for Finance in respect of the unpaid amount and interest on the unpaid amount at such rate or rates as he may appoint shall become payable immediately by the company.

(b) Interest due under paragraph (a) together with the unpaid amount shall be a debt due to the Minister for Finance and, without prejudice to any other method of recovery, shall be recoverable by him as a simple contract debt in any court of competent jurisdiction.

(4) All moneys paid by the company to the Minister for Finance under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as he may direct.

101 Transitional financial provisions.

101.—(1) The company shall pay to or in respect of every member of the staff of the Department of Posts and Telegraphs transferred to the service of the company any amount due to or in respect of that member in respect of service with the Department and unpaid on the vesting day and the company shall, with the concurrence of the Minister for Finance, be reimbursed by the Minister.

(2) The Minister shall, with the concurrence of the Minister for Finance, pay to the company an amount equal to advance payments received by him in respect of telecommunications services to be provided by the company.

(3) The company shall pay to the Minister an amount equal to sums collected by it on or after the vesting day in respect of services provided by the Minister before the vesting day in respect of functions assigned by this Act to the company.

(4) All sums required to be paid under this section shall become due and payable on such date as the Minister, in consultation with the company and with the concurrence of the Minister for Finance, may determine.

(5) The company shall supply the Minister with such information, records and documents as the Minister may require for the purposes of this section and the Minister and his officers shall have the right to inspect and take copies of all relevant records and documents of the company.

(6) In the event of a disagreement as to any amount to be paid by the company to the Minister or by the Minister to the company under this section the decision of the Minister, given with the concurrence of the Minister for Finance, shall be final.

PART VI Post Office Savings Bank and other Savings Services

102 Definitions.

102.—In this Part—

“company” means the postal company;

“Savings Bank” means the Post Office Savings Bank established under the Post Office Savings Bank Acts, 1861 to 1958.

103 Post Office Savings Bank.

103.—(1) The company may, with the consent of the Minister for Finance given after consultation with the Minister, make regulations for the control and operation of the Savings Bank pursuant to the Post Office Savings Bank Acts, 1861 to 1958, and this Act.

(2) Regulations in force immediately before the vesting day under the Post Office Savings Bank Acts, 1861 to 1958, in relation to the operation of the Savings Bank including regulations to which subsection (4) relates, shall continue in force and shall, with the substitution for references to the Minister for Posts and Telegraphs or the Postmaster General and his Department or officers, of references to the company and its officers, respectively, unless otherwise provided in the Third or Fourth Schedule, have effect on and after the vesting day as if they were regulations made under subsection (1) and may be amended or revoked by regulations under this section.

(3) The Minister for Finance, after consultation with the Minister and the company, may direct the company to make regulations under subsection (1) or to amend or revoke regulations made under that subsection or continued in force under subsection (2) and the company shall comply with that direction.

(4) Regulations made before the commencement of this section by the Minister with the consent of the Minister for Finance in purported exercise of powers conferred by the Post Office Savings Bank Acts, 1861 to 1958, or any of those Acts shall be deemed to be and always to have been valid notwithstanding that they may not have been made in the manner authorised by those Acts.

104 Savings Bank business.

104.—(1) The company may—

(a) appoint such of its offices as it may specify to be Savings Bank offices,

(b) authorise any of its officers to transact Savings Bank business otherwise than at a Savings Bank office,

(c) direct when Savings Bank business shall be transacted,

(d) require the surrender and cancellation of a deposit book and issue a replacement,

(e) pay any sum in respect of any amount on deposit in the Savings Bank without production of a deposit book if it is satisfied that the claimant is entitled to the payment, and

(f) at its absolute discretion accept or refuse any nomination.

(2) (a) A warrant issued by the company in accordance with regulations to which section 103 relates shall be a valid discharge to the company in respect of the amount to which the warrant applies.

(b) The transfer of an account made by the company in accordance with such regulations shall operate as a valid discharge by the transferor to the company in respect of the amount of the transfer.

(3) (a) Notwithstanding anything in the Post Office Savings Bank Acts, 1861 to 1958, the Minister for Finance, after consultation with the Minister, the company and the Central Bank, may authorise the company to undertake any business of banking which is, in the opinion of the Minister for Finance, calculated to encourage thrift and within the financial capacity of the Savings Bank.

(b) The Minister for Finance, after consultation with the Minister, the company and the Central Bank, may by order make such provision concerning the application of any enactment to that business as he, after consultation as aforesaid and with any other appropriate Minister, considers necessary or desirable.

(c) The Minister for Finance, after consultation as aforesaid, may by order amend or revoke an order made under paragraph (b).

105 Limitation of liability.

105.—In respect of any loss, damage or injury suffered by any person arising out of any payment made or action taken in accordance with the Post Office Savings Bank Acts, 1861 to 1958, or this Act or regulations thereunder—

(a) the company shall be immune from all liability except for money lawfully due to him by the company, and

(b) the officers and servants of the company shall be immune from civil liability except at the suit of the company.

106 Post Office Savings Bank cheques, warrants and other documents.

106.—(1) Every cheque, warrant, order, power of attorney or other document executed by the company in relation solely to the business of the Savings Bank shall be exempt from stamp duty.

(2) Declarations, deposit books, acknowledgements, notices of withdrawal, warrants and all documents and correspondence relating to the business of the Savings Bank and passing between the company and any person within the State or from the company to any depositor with the Savings Bank outside the State may be transmitted free of any charge for postage.

(3) The company shall be entitled to be recouped out of the Savings Bank's funds for the loss of postage which it incurs by reason of subsection (2).

107 Non-disclosure of information relating to deposits.

107.—Section 4 of the Post Office Savings Bank Act, 1861 (which restricts the disclosure of information relating to deposits) shall not apply to the disclosure of information required for the purpose of proceedings in respect of an offence.

108 Disputes before Registrar of Friendly Societies.

108.—(1) Where, on the vesting day, proceedings are pending on any reference to the Registrar of Friendly Societies in respect of a dispute relating to an account in the Savings Bank, the proceedings shall continue with the substitution of the company for the Minister as a party to the reference.

(2) Where, on the vesting day, proceedings are pending before the Registrar of Friendly Societies under section 30 (3) of the Finance Act, 1940, on a reference relating to a savings certificate, the proceedings shall continue with the substitution of the company for the Minister as a party to the reference.

109 Recoupment of company for cost of managing savings services.

109.—(1) (a) An appropriate sum shall be paid to the company in respect of work done by the company in the exercise of powers conferred on it by this Part as follows—

(i) from the moneys of the Savings Bank for work done in respect of the Savings Bank, and

(ii) from the Exchequer for work done in respect of other Government savings services.

(b) The appropriate sum payable to the company, the manner in which and the intervals at which it is to be paid shall be decided by the company with the consent of the Minister for Finance.

(2) (a) The company shall pay to the Minister for Finance promptly the amounts received by the company for deposit in the Savings Bank or in other Government savings services.

(b) The manner of payment and the periods for which payments are to be made shall be determined by the said Minister after consultation with the company.

(3) The company shall furnish such information as the Minister for Finance may require for the purposes of this section.

PART VII Functions of Minister for Posts and Telegraphs

110 General ministerial powers in relation to postal and telecommunications services.

110.—(1) The Minister may issue directions in writing to either company requiring the company—

(a) to comply with policy decisions of a general kind made by the Government concerning the development of the postal or telecommunications services of which he may advise the company from time to time,

(b) to do (or refrain from doing) anything which he may specify from time to time as necessary in the national interest or to enable the Government or the State to become a member of an international organisation or a party to an international agreement or to discharge its obligations as a member of an international organisation or as a party to an international agreement,

(c) to perform such work or provide or maintain such services for a State authority as may be specified in the direction.

(2) Any direction under this section to a company to perform work or provide or maintain services which involves the payment of moneys by the Exchequer shall be given only with the consent of the Minister for Finance.

(3) A company shall comply with every direction given to it under this section.

(4) (a) A direction to either company under this section except a direction which relates to any international organisation or agreement or to public order or security shall, if the company so requests in writing, be given by the Minister by order.

(b) Such an order shall remain in force for a specified period of not more than twelve months unless extended or revoked by order of the Minister.

(5) The Minister may stipulate, in consultation with either company and with the consent of the Minister for Finance, financial targets (including payment of dividends in respect of shares in the company) to be achieved by the company.

111 Grant of licences for the provision of postal and telecommunications services.

111.—(1) (a) The Minister may, with the consent of the Minister for Finance, by order provide for the grant of a licence by the Minister, subject to such terms and conditions as the Minister may think fit to impose, to any person to provide a postal service or a telecommunications service of a class or description specified in the order to which an exclusive privilege granted to the either company under this Act relates—

(i) after consultation with the appropriate company, and

(ii) if in his opinion the grant of the licence is in the public interest and is consistent with the reasons given in section 63 (2) or section 87 (2), as appropriate, for the grant of the exclusive privilege to the company,

and may, with the like consent, revoke any such order.

(b) If an order made under paragraph (a) is annulled under section 3 or is revoked a licence granted under that order shall stand revoked.

(2) The Minister may after consultation with the telecommunications company grant a licence to any person to provide a telecommunications service of a kind not within the exclusive privilege granted to the telecommunications company (not being a service of a kind mentioned in paragraph (a), (b) or (c) of section 87 (3)).

(3) A licence granted under subsection (2) authorising the provision of a telecommunications service shall, in addition to any other conditions that the Minister may think fit to impose, be granted subject to technical conditions regarding the type, installation and maintenance of the equipment and materials to be used to provide the service, such conditions being designed to ensure their compatibility with the network of the telecommunications company.

(4) The said technical conditions shall be decided by the Minister after consultation with the company.

(5) Where a licence is granted under this section to any person to perform any function every provision of this Act or any other enactment relating to the appropriate company which is specified in regulations made by the Minister under this section shall in respect of that function and subject to such conditions, limitations or modifications as may be prescribed in such regulations, apply to the licensee as it applies to the company.

(6) (a) The Minister may, with the consent of the Minister for Finance, charge fees for the grant of licences under this section.

(b) The Public Offices Fees Act, 1879, shall not apply to fees charged under this subsection.

FIRST SCHEDULE Election of Certain Directors

Employee Directors

(2) The returning officer shall not be entitled to be nominated as, or to nominate, act as agent for or promote the interests of, a candidate at the election.

(3) The returning officer may authorise any person to exercise designated functions on his behalf and subparagraph (2) shall apply to any such person.

(2) Where one-third of the directors is not a whole number the next higher whole number shall be taken to be one-third for the purposes of an election.

(3) Voting shall be by secret ballot and on the basis of proportional representation by means of a single transferable vote.

(4) Presiding officers at the poll and polling clerks shall be appointed by the returning officer.

(5) The election shall be held in accordance with arrangements made by the returning officer.

(6) The returning officer shall be required to give due notice of these arrangements to the electorate and to designate premises as an election office.

(7) All arrangements for an election shall be subject to the consent of the Minister.

(2) The nomination day shall be not earlier than 6 weeks after the day on which eligibility of voters and candidates is determined in accordance with paragraphs 11 and 12, respectively.

(2) The preliminary poll shall be undertaken in accordance with arrangements made by the returning officer and duly notified to the electorate.

(3) If a majority at the preliminary poll opposes the election, the holding of the election shall be deferred for 3 years.

(4) The arrangements for a preliminary poll shall be subject to the consent of the Minister.

(a) is not less than eighteen years of age, and

(b) has been an employee of the company for a continuous period of not less than one year, and

(c) works not less than 18 hours a week for the company,

shall be entitled to vote at an election or preliminary poll.

(2) Nominations shall be made in the manner prescribed by the returning officer.

(3) A candidate may be nominated by a recognised trade union or staff association or jointly by two or more such bodies but no such body shall be entitled both to nominate one or more candidates jointly with another such body or bodies.

(4) The returning officer shall rule on the validity of nominations. His decision shall be final.

Postmaster Director of An Post

Section 81.

(2) The returning officer shall not be entitled to be nominated as, or to nominate, act as agent for or promote the interests of, a candidate at the election.

(3) The returning officer may authorise any person to exercise designated functions on his behalf and subparagraph (2) shall apply to any such person.

(2) Voting shall be by secret ballot and on the basis of proportional representation by means of a single transferable vote.

(3) Presiding officers at the poll and polling clerks shall be appointed by the returning officer.

(4) The election shall be held in accordance with arrangements made by the returning officer.

(5) The returning officer shall be required to give due notice of these arrangements to the electorate and to designate premises as an election office.

(6) All arrangements for an election shall be subject to the consent of the Minister.

(2) The nomination day shall be not earlier than 6 weeks after the day on which the eligibility of voters and candidates is determined in accordance with paragraphs 11 and 12, respectively.

(2) The preliminary poll shall be undertaken in accordance with arrangements made by the returning officer and duly notified to the electorate.

(3) If a majority at the preliminary poll opposes the election, the holding of the election shall be deferred for 3 years.

(4) The arrangements for a preliminary poll shall be subject to the consent of the Minister.

(a) is not less than twenty-one years of age, and

(b) has been a postmaster for a continuous period of not less than one year ending immediately before that day,

shall be entitled to vote at an election or preliminary poll.

(2) Nominations shall be made in the manner prescribed by the returning officer.

(3) A candidate may be nominated by a recognised union or association representing postmasters or jointly by two or more such bodies but no such body shall be entitled both to nominate one or more candidates of its own accord and to nominate one or more candidates jointly with another such body or bodies.

(4) The returning officer shall rule on the validity of nominations. His decision shall be final.

SECOND SCHEDULE Provisions Relating to Compulsory Acquisition

Application for acquisition order.

(2) The company shall publish the prescribed notice of the application in Iris Oifigiúil and in one or more newspapers circulating in the locality in which the property is situate and serve a copy of the notice on every person who appears to the company to have an estate or interest in the property, so far as it is reasonably practicable to ascertain such persons.

(3) The notice shall include a provision notifying persons having an estate or interest in the property that they have a right to lodge with the Minister within a prescribed time an objection to the making of an order and specify the times and places where the maps, plans and books of reference deposited in accordance with paragraph 5 may be inspected.

(4) The Minister shall—

(a) appoint an arbitrator to hear and determine any objection, or

(b) if in his opinion the objection is of such a nature that it can be determined without arbitration, himself decide on the application and he may, if he thinks fit, appoint an adviser to assist him in relation thereto.

(5) The Minister shall publish prescribed notice of every hearing by arbitration in Iris Oifigiúil and in one or more newspapers circulating in the locality in which the property is situate.

(6) The company and any person having an estate or interest in the property shall be entitled to be heard and adduce evidence at the arbitration.

Making of acquisition order.

(2) Where the arbitrator decides that no objection to the application is sustainable the Minister shall make the order in accordance with its terms.

(3) Where the arbitrator recommends, in consequence of any objection, that the order should be made with modifications, whether by the exclusion of any part of the property comprised in the application or subject to any other variation, the Minister shall, unless the company withdraws its application, make the order subject to such modifications.

(4) Where the arbitrator upholds an objection the Minister shall not make the order.

Entry on land, etc., before conveyance.

(2) Where the company exercises any power under the foregoing subparagraph, it shall be liable to pay, to the occupier of the land which is to be acquired or in respect of which the right is to be exercised, interest on the amount of the price payable to such occupier at such rate as the Minister for Finance shall from time to time determine for the purposes of this Schedule from the date of entry until payment of the price.

(3) The company shall not—

(a) enter on or take possession of any land under this paragraph without giving to the occupier at least three months' previous notice in writing of its intention so to do,

(b) exercise any right under this paragraph without giving the occupier of the land in respect of which the right is to be exercised at least three months' previous notice in writing of its intention so to do.

Service of notice.

(2) Where, for any reason, the envelope cannot be so addressed, it may be addressed to the person for whom it is intended in either of the following ways:

(a) by the description “the occupier” without stating his name,

(b) at the land to which the notice relates.

Deposit of maps, plans, etc.

(2) The maps and plans shall be sufficient in quantity and character to show on adequate scales the land or right proposed to be acquired.

(3) The books of reference shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of the land which is proposed to be acquired or in respect of which the right is proposed to be exercised.

(4) The maps, plans and books of reference shall be deposited at the registered office of the company and at such other places as the company considers suitable and shall remain so deposited for at least three months and shall, while so deposited, be open to inspection by any person, free of charge, between the hours of ten o'clock in the morning and four o'clock in the afternoon on every day except Saturdays, Sundays and bank holidays.

Assessment of price.

(2) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to the said price and to the conveyance to the company of the land or right acquired, and for the purpose of the application the company shall be deemed to be the promoters of the undertaking.

Interpretation.

THIRD SCHEDULE Repeal and Revocation of Enactments

PART I

Repeal of Statutes

Session and Chapter or Number and Year	Short Title	Extent of Repeal
26 & 27 Vict., c. 112.	Telegraph Act, 1863.	Section 9.
		In section 12—
		the words “The company shall not place a telegraph over, along or across a street or public road, or a post in or upon a street or public road, except with the consent of the body having the control of such street or public road; and”;
		the words “or to any mansion,”;
		the words “or mansion,”.
		In section 13, the words from “Where any landowner” to “Provided, that”.
		Section 16.
		In section 23—
		the words from “stating that they have” to “or public road, and”;
		the words from “And they shall not” to “of such advertisement”.
		Sections 25, 31, 43, 44, 46, 49, 50, 51 and 53.
29 and 30 Vict., c. 3.	Telegraph Act Amendment Act, 1866.	The whole Act.
31 & 32 Vict., c. 110.	Telegraph Act, 1868.	In section 2, the words from “and the term” to the end of the section.
		Sections 4 to 8, 10, 11, 12, 14, 16, 18, 19, 20, 22, 23 and 24.
32 & 33 Vict., c. 73.	Telegraph Act, 1869.	Sections 5 and 7 to 22.
41 & 42 Vict., c. 76.	Telegraph Act, 1878.	In section 10, the word “All” at the beginning of the section.
		Section 14.
45 & 46 Vict., c. 74.	Post Office (Parcels) Act, 1882.	The whole Act, except sections 1 and 14.
48 & 49 Vict., c. 58.	Telegraph Act, 1885.	The whole Act.
54 & 55 Vict., c. 38.	Stamp Duties Management Act, 1891.	Section 7.
54 & 55 Vict., c. 39.	Stamp Act, 1891.	In section 7, the word “duties” where it last occurs.
55 & 56 Vict., c. 59.	Telegraph Act, 1892.	Sections 1, 4(2), 5, 10 and 12.
60 & 61 Vict., c. 41.	Post Office and Telegraph Act, 1897.	The whole Act.
62 & 63 Vict., c. 38.	Telegraph Act, 1899.	Sections 1, 2(2) and 3.
8 Edw. 7, c. 33.	Telegraph (Construction) Act, 1908.	Section 7.
8 Edw. 7, c. 48.	Post Office Act, 1908.	Sections 1 to 4, 5(3), 10 to 17, 24, 31, 33 to 43, 45, 46, 47, 54 and 56.
		In section 65 (2), the words “by order of the Revenue Commissioners”.
		Paragraphs (b) and (c) of section 71(1).
		Sections 82 to 86 and 88.
1 & 2 Geo. 5, c. 26	Telephone Transfer Act, 1911.	The whole Act.
1 & 2 Geo. 5, c. 39	Telegraph (Construction) Act, 1911.	Sections 4, 5 and 6(2).
3 & 4 Geo. 5, c. 11	Post Office Act, 1913.	The whole Act.
10 & 11 Geo. 5, c. 40.	Post Office Telegraph Act, 1920.	The whole Act.
No. 16 of 1924.	Ministers and Secretaries Act, 1924.	In Part I of the Schedule, the words in brackets after the reference to the Post Office Savings Bank.
No. 8. of 1927.	Telephone Capital Act, 1927.	Section 4, and any enactment insofar as it incorporates that section.
No. 10 of 1928.	Telegraph Act, 1928.	The whole Act.
No. 40 of 1936.	Air Navigation and Transport Act, 1936.	Section 54.
No. 7 of 1937.	Post Office (Evasion of Postage) Act, 1937.	In section 1, the definition of the expression “the Minister”.
No. 17 of 1951.	Post Office (Amendment) Act, 1951.	In Section 1, the definition of the expression “the Minister”.
		Sections 5, 6, 8(3), 10 and 11.
No. 27 of 1953.	Telegraph Act, 1953.	The whole Act.
No. 18 of 1969.	Post Office (Amendment) Act, 1969.	The whole Act.
No. 27 of 1981.	Irish Telecommunications Investments Limited Act, 1981.	The whole Act.
No. 8 of 1983.	Irish Telecommunications Investments Limited (Amendment) Act, 1983.	The whole Act.

PART II

Revocation of Statutory Instruments

Number and year	Title	Extent of Revocation
S.R. & O. No. 1138 of 1903.	Money Order Regulations, 1903.	In regulation 20(2), the words “over the Minister for Posts and Telegraphs' telegraphs”.
S.R. & O. No. 1089 of 1905.	Postal Order (Inland) Regulations, 1905.	In regulation 8, the words “with the concurrence of the Minister for Finance”.
S.R. & O. No. 118 of 1908	Money Order Amendment (No. 2) Regulations, 1908.	In regulation 3, the words “holding office under the State”.
S.R. & O. No. 1532 of 1921.	Post Office Savings Bank Regulations, 1921.	Regulations 18(4) and 44.
		In regulation 83(2), the words “by the Controller”.
		Regulations 84(2), 84(3), 84(4), 87, 89, 91, 93 and 95 to 97.
S.R. & O. No. 202 of 1939.	Inland Post Warrant, 1939.	Regulations 3(1), 61 to 64 and 66.
S.I. No. 267 of 1949.	Foreign Post Warrant, 1949.	Regulations 3(12), 22, 56, 57 and 60.
S.I. No. 418 of 1953.	Foregin Parcel Post Warrant, 1953.	Regulations 3(1), 23 and 35.
S.I. No. 13 of 1958.	Road Vehicles (Registration and Licensing) Regulations, 1958.	In regulation 1(5), the words from “post office vehicle” to “Telegraphs”.
		In regulation 18 (c) and 22(4)(a), the words “or a post office vehicle”.
		In regulation 18 (cc), the words “and in the case of a post office vehicle — the Department of Posts and Telegraphs”.
		In regulation 19 (3), the words “or in the case of a post office vehicle, on the receipt of an application from a duly authorised officer of the Department of Posts and Telegraphs”.
		In regulation 22(4)(b), the words “or a post office vehicle ceases to be used as a post office vehicle”.
S.I. No. 195 of 1980.	Telephone Regulations, 1980.	Regulations 24, 25(1)(b), 25(2), 34 and 36(a).
		In regulations 36(b) and 37, the words “in accordance with Regulation 34 of these Regulations”.
		In regulation 40(1)(b), the words “in the Iris Oifigiúil and also”.
		In regulation 41, the words from “An account prepared” to “the amount so payable”.
		In regulation 42, the words from “The Minister” to “agreement” and the words “pursant to the provisions of Regulation 34 of these Regulations”.
		In regulation 47, the words “pursant to Regulation 34 of these Regulations”.
		Regulations 49 (2), 49 (3) and 50.
S.I. No. 196 of 1980.	Telegraph (Inland Written Telegram) Regulations, 1980.	Regulations 4(2), 24 and 43.
S.I. No. 197 of 1980.	Telex Regulations, 1980.	Regulations 11, 12(1)(b), 12(2), 17 and 19(a).
		In regulations 19 and 20, the words “in accordance with Regulation 17 of these Regulations”.
		In regulation 23(1)(b), the words “in the Iris Oifigiúil and also”.
		In regulation 24, the words from “Any account” to “the amount so payable”.
		In regulation 25, the words from “The Minister may” to “in the agreement” and the words “pursuant to Regulation 17 of these Regulations”.
		In regulation 29, the words “pursuant to Regulation 17 of these Regulations”.
		Regulations 31(2), 31(3) and 32.
S.I. No. 198 of 1980.	Telegraph (Foreign Written Telegram) Regulations, 1980.	In regulation 3, the definition of “the Minister”.
		Regulations 18(3) and 25.
S.I. No. 45 of 1982.	District Court (Fees) Order, 1982.	In Article 6, the words “other than the Minister for Posts and Telegraphs”.

FOURTH SCHEDULE Consequential Amendment of Enachments

PART I

Amendment of Statutes