POSTAL AND TELECOMMUNICATIONS SERVICES (AMENDMENT) ACT, 1984

AN ACT TO MAKE FURTHER PROVISION FOR CLAIMS FOR LOSS OR INJURY RELATED TO FUNCTIONS TRANSFERRED BY THE POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983, TO AN POST OR BORD TELECOM ÉIREANN AND FOR THAT PURPOSE TO REPEAL AND REPLACE, WITH MODIFICATIONS, SECTIONS 56 AND 57 OF THAT ACT AND TO MAKE FURTHER PROVISION IN RELATION TO THE TRANSFER OF STAFF TO THE SAID COMPANIES AND TO PROVIDE FOR RELATED MATTERS. [27th June, 1984]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 The Principal Act.

1.—In this Act “the Principal Act” means the Postal and Telecommunications Services Act, 1983.

2 Liability for loss or injury occurring before the vesting day.

2.—(1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the exercise before the vesting day of functions assigned to either company by the Principal Act shall, after that day, lie against the appropriate company, whether or not any claim in respect thereof was made before that day and, subject to section 4, not against the Minister, the Minister for Finance or the State.

• (2) Where, before the passing of this Act, in a claim to which subsection (1) relates, agreement in settlement of the claim has been reached between the parties and the terms of the agreement have not been implemented or judgment has been given in favour of the injured person and the judgment has not been enforced, the terms of the agreement or the judgment, as the case may be, shall, in so far as enforceable against the Minister, the Minister for Finance or the State, be enforceable against the appropriate company and, subject to section 4, not against the Minister, the Minister for Finance or the State.

• (3) Any claim made or proper to be made by the Minister, the Minister for Finance or the State in respect of any loss or injury arising from the act or default of any person before the vesting day shall, where the claim relates to functions assigned to either company by the Principal Act, be regarded as made by or proper to be made by that company and may be pursued and sued for by that company as if the loss or injury had been suffered by the company.

• (4) This section does not apply to a claim by one State authority against another.

3 Continuance of pending legal proceedings.

3.—All legal proceedings pending immediately before the vesting day or immediately before the passing of this Act to which the Minister, the Minister for Finance or the State is a party shall be continued with the substitution for any such party of—

• (a) the postal company, where the proceedings relate to functions assigned to that company by the Principal Act, and

• (b) the telecommunications company, where the proceedings relate to functions assigned to that company by the Principal Act.

4 Rights and liabilities of Minister for Finance.

4.—(1) Where judgment is given against either company in any proceedings in pursuance of a claim to which section 2 (1) relates or in proceedings continued under section 3 and the person in whose favour the judgment is given has been unable to enforce the judgment, in whole or in part, against the company, he shall be entitled to enter judgment against the Minister for Finance in any court of competent jurisdiction for any amount not recovered on foot of the judgment as a debt due to him by the said Minister.

• (2) The Minister for Finance shall be entitled to recover from the appropriate company—

• (a) any payment made by him to a person in satisfaction of a judgment entered against him under subsection (1) or a judgment given before the passing of this Act in favour of a person in any proceedings taken on foot of a claim to which section 2 (1) relates or in any proceedings to which section 3 relates, and

• (b) the costs incurred by him, the Minister or the State before the passing of this Act—

• (i) in relation to any claim to which section 2 (1) relates, and

• (ii) in relation to any proceedings taken on foot of such a claim or to proceedings to which section 3 relates, other than so much of any such costs as may have been awarded to and recovered by him, the Minister or the State, as the case may be.

• (3) The appropriate company shall be entitled to recover from the plaintiff in any proceedings to which subsection (2) relates any amount in respect of the costs which remains due by the plaintiff at the passing of this Act as if the award of costs had been made in favour of the company.

5 Amendment of section 45 of and First Schedule to Principal Act.

5.—(1) Section 45 of the Principal Act is hereby amended as follows:

• (a) by the substitution, for the words “on the vesting day” where they occur in subsections (1) and (2), of the words “with effect from the vesting day”; and

• (b) by the insertion, after the word “designated” where it occurs in subsection (1) (a) and (1) (b), of the words “whether before, on or after the vesting day”.

• (2) Paragraph 13 of Part I of the First Schedule to the Principal Act is hereby amended by the substitution, for the words “on the vesting day” where they last occur, of the words “with effect from the vesting day”.

6 Repeals.

6.—Sections 56 and 57 of the Principal Act are hereby repealed with effect from the vesting day.

7 Short title, construction and collective citation.

7.—(1) This Act may be cited as the Postal and Telecommunications Services (Amendment) Act, 1984.

• (2) The Principal Act and this Act shall be construed together as one Act and may be cited together as the Postal and Telecommunications Services Acts, 1983 and 1984.