Communications Regulation (Postal Services) Act 2011

• (a) whether a postal service has the characteristics set out in section 16(1) or would have these characteristics if it were offered on the days specified in section 16(1)(a) throughout the State,

• (b) whether a postal service has characteristics that postal service users may reasonably perceive it to be interchangeable with a service of a description set out in section 16, and

• (c) the characteristics of the postal service itself, including the value added features, intended use and price.

• (3) In this section a reference to a postal service includes a part of a postal service.

• (4) In this section “document exchange” means provision of means, including the supply of premises specifically for that purpose and transportation by a third party, allowing self-delivery by mutual exchange of postal packets between persons subscribing to this service.

38. 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.

39. Conditions of authorisation.

39.— (1) Subject to subsection (2), an authorisation is subject to compliance by the postal service provider concerned with the obligations imposed on it by or under the Communications Regulation Acts 2002 to 2011 and, in particular, compliance with the following:

• (a) the provision of complaints and redress procedures in accordance with section 43;

• (b) the provision to the Commission of such information as the Commission may require pursuant to section 13F of the Principal Act.

• (2) An authorisation to provide a postal service within the scope of the universal postal service is subject to compliance with the following conditions:

• (a) the conditions specified in subsection (1);

• (b) payment of the amount of such levy as may be imposed on postal service providers pursuant to section 30(2) of the Principal Act;

• (c) where a sharing mechanism and fund is established under section 36, the payment of the contribution (if any) payable by the postal service provider concerned pursuant to that section to such fund, and

• (d) the provision to the Commission of such information relating to its turnover from the provision by it of services within the scope of the universal postal service as the Commission may reasonably require for either or both of the following purposes:

• (i) the imposition of a levy pursuant to section 30(2) of the Principal Act;

• (ii) the assessment and apportionment to be carried out pursuant to section 36 in relation to the contribution (if any) to be made by the postal service provider to such fund as may be established under that section.

• (3) Where the Commission is of the opinion that a postal service provider is failing, or has failed, to comply with any of the conditions of authorisation imposed by this section, the Commission may, subject to section 41, give a direction to the postal service provider to ensure compliance with the condition concerned.

40. Register of postal service providers.

40.— (1) The Commission shall establish and maintain a register of persons who have made a notification to the Commission pursuant to section 38 and such information contained in the notification as the Commission considers appropriate (other than information which the Commission considers confidential within the meaning of section 24 of the Principal Act) shall be entered in the register.

• (2) The Commission may, as occasion requires, amend or delete an entry in the register.

• (3) Members of the public may inspect the register free of charge at all reasonable times and may take copies of, or extracts from, entries in the register at a cost not exceeding the reasonable cost of making a copy.

• (4) In any proceedings, a certificate, bearing the seal of the Commission, stating that the register shows that on the date or during the period specified in the certificate the name of the person identified by the certificate was not entered in the register, is admissible as evidence of the fact that a person identified by the certificate did not make a notification to the Commission pursuant to section 38.

• (5) A document purporting to be a certificate under subsection (4) is deemed to be such a certificate, unless the contrary is shown.

41. Suspension or withdrawal of authorisation.

41.— (1) Where the Commission considers that there is or has been serious or repeated non-compliance by a postal service provider with the conditions imposed on it under section 39 the Commission may decide, having considered any representations made to it, to suspend or withdraw its authorisation.

• (2) Where the Commission proposes to suspend or withdraw an authorisation, the Commission shall notify the postal service provider in writing of the proposal and the reasons therefor and shall specify in the notice the period (which in any case shall not be less than 28 days) within which the postal service provider may make representations, in such form and manner as the Commission specifies in the notice.

• (3) Where the Commission, having considered the representations (if any) made by or on behalf of the postal service provider in accordance with subsection (2), decides to suspend or withdraw the authorisation, the Commission shall notify the postal service provider in writing of the decision.

42. Withdrawal of postal services.

42.— (1) Subject to subsection (5), a postal service provider providing a postal service within the scope of the universal postal service shall give to the Commission at least 3 months’ prior notice in writing of its intention to withdraw such service.

• (2) A postal service provider shall take all reasonable steps to ensure that the postal service users concerned are informed of its intention to withdraw a service the subject of a notice to the Commission under subsection (1) in order to mitigate any adverse effect of the withdrawal on postal service users.

• (3) The Commission may give a direction to a postal service provider for the purposes of subsection (2).

• (4) A person who fails to comply with subsection (1) commits an offence and is liable on summary conviction to a class A fine.

• (5) This section does not apply to a universal postal service provider in the provision of a universal postal service.

43. Complaints and redress procedures.

43.— (1) Every postal service provider shall draw up and implement a code of practice setting out procedures, standards and policies with respect to the handling of complaints from postal service users, in particular, complaints relating to loss, theft, damage or quality of service, and such a code of practice shall make provision for the following matters—

• (a) the first point of contact for complainants,

• (b) a means of recording complaints,

• (c) a time frame within which the postal service provider concerned shall respond to complaints,

• (d) procedures for resolving disputes,

• (e) remedies and redress, including reimbursement or compensation, or both, as appropriate,

• (f) procedures for determining where responsibility lies in cases where more than one postal service provider is involved,

• (g) retention of records of complaints for such period, of not less than one year, as the Commission may specify following the resolution of the complaint, including—

• (i) copies of the complaint and any response thereto, and

• (ii) any determination in respect of the complaint and any documentation considered in the course of such determination,

and

• (h) any other matters the Commission considers necessary and appropriate to secure effective protection for postal service users.

• (2) A postal service provider shall publish the code of practice drawn up under subsection (1) and, on a request being made for that purpose, make the code of practice available, on request, to postal service users free of charge.

• (3) The Commission, or a person appointed by the Commission, possessing, in the opinion of the Commission, the requisite degree of independence from the postal service provider concerned, may, in accordance with procedures established and maintained by the Commission, resolve disputes which remain unresolved after due completion of all the procedures of a code of practice drawn up under subsection (1) and, in this regard, the Commission may issue directions to a postal service provider requiring the postal service provider to comply with such measures as it, or such person as may be appointed by the Commission under this subsection, may specify for the resolution of the dispute including payment of costs in the case where such a person is appointed, and reimbursement of payments or compensation, or both reimbursement of payments and compensation, as appropriate, in accordance with the provisions of the code of practice relating to the matters specified in subsection (1)(e).

• (4) The Commission shall publish any procedures established by it pursuant to subsection (3) and any amendments thereto.

• (5) The procedures referred to in subsections (1) and (3) shall be—

• (a) transparent,

• (b) simple,

• (c) inexpensive, and

• (d) enable disputes to be settled fairly and promptly.

• (6) The Commission may give directions to a postal service provider to whom subsection (1) relates for the purposes of ensuring compliance with this section including directions as to—

• (a) the form and manner in which a code of practice referred to in subsection (1) and information relating thereto shall be published, including information on the number of complaints made and the manner in which they have been dealt with, and

• (b) the making of such alterations or additions to its code of practice as the Commission considers appropriate and specifies in the directions.

• (7) A person may, where the dispute involves postal service providers in more than one Member State, request the Commission to co-ordinate its efforts with any relevant regulatory authority in another Member State with a view to bringing about a resolution of the dispute.

• (8) Where the Commission is of the opinion that a postal service provider is failing, or has failed, to comply with any of the requirements of this section, the Commission may give a direction to the postal service provider concerned to ensure compliance with the requirement concerned.

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

44.— Section 30 of the Principal Act is amended—

• (a) by substituting the following for subsection (2)—

• “(2) Subject to subsection (11A), for the purpose of meeting expenses properly incurred by the Commission in the discharge of its functions relating to postal services the Commission may make an order imposing a levy on postal service providers providing postal services within the scope of the universal postal service.”,

• (b) in subsection (3) by inserting “referred to in subsection (2)” after “provider of postal services”, and

• (c) by inserting the following after subsection (11):

• “(11A)

  • (a) A levy imposed pursuant to subsection (2) shall be imposed in an objective, transparent and proportionate manner which minimises additional administrative costs and attendant charges to the Commission.

  • (b) For the purposes of paragraph (a) and having regard to—

    • (i) its objectives under section 12(1)(c),

    • (ii) the impact of the levy on postal service providers, and

    • (iii) the need to minimise any distortion or restriction of competition in the market for the provision of the postal services concerned,

    the Commission may make a determination that such class or classes of postal service provider referred to in subsection (2) are exempt from an order made under that subsection.”.

45. Protection of whistleblowers.

45.— (1) Section 24A of the Principal Act is amended—

• (a) in subsection (1) by substituting “an undertaking, an associate of an undertaking, an association of undertakings or a postal service provider” for “an undertaking, an associate of an undertaking or an association of undertakings”,

• (b) in subsection (2) by substituting “an undertaking, an associate of an undertaking, an association of undertakings or a postal service provider” for “an undertaking or an associate of an undertaking or an association of undertakings”,

• (c) in subsection (2) by substituting the following for paragraph (a):

• “(a) the conduct relates to the provision of—

  • (i) an electronic communications network or service or an associated facility, or

  • (ii) a postal service,

  and”,

and

• (d) in subsection (5) by substituting “an undertaking, an associate of an undertaking, an association of undertakings or a postal service provider” for “an undertaking, an associate of an undertaking or an association of undertakings”.

• (2) Section 24B of the Principal Act is amended by substituting the following for subsection (1)—

• “(1) If an undertaking, an associate of an undertaking, an association of undertakings or a postal service provider causes detriment to a person because the person or a third person has made, or threatened to make, an appropriate disclosure of information to the Commission or a law enforcement authority (such as the Garda Síochána) about the conduct of the undertaking, the associate, the association or the postal service provider, the person has a right of action in tort against the undertaking, associate, association or postal service provider, as the case may be.”.

• (3) Section 24C of the Principal Act is amended by substituting “an undertaking, an associate of an undertaking, an association of undertakings or a postal service provider” for “an undertaking, an associate of an undertaking or an association of undertakings”.

Chapter 7 Inviolability of mails, etc.

46. Inviolability of mails and immunity from prosecution.

46.— (1) Postal packets and mail bags in the course of transmission by post shall be immune from examination, detention or seizure, except as provided under this Part or any other enactment.

• (2) A universal postal service provider and employees and agents of a universal postal service provider shall be immune from prosecution for the possession, carrying or delivery of anything prohibited by virtue of any enactment which is contained in a postal packet in the course of transmission by post.

47. Powers as to the transmission of postal packets.

47.— (1) A postal service provider may refuse, detain, defer, withhold, return or dispose of any postal packet—

• (a) which does not comply with—

• (i) its terms and conditions as to the transmission of postal packets, or

• (ii) with the provisions of this Part,

or

• (b) if the postal service provider knows or reasonably suspects that such postal packet is being sent in contravention of section 55.

• (2) The detention or disposal by a postal service provider of any postal packet on the grounds of a contravention of any terms and conditions applicable to its transmission by post or of section 55 shall not exempt the sender from any proceedings which might have been taken if the postal packet had been delivered.

• (3) A postal service provider may open postal packets that are—

• (a) undeliverable,

• (b) awaiting collection poste restante and not collected,

• (c) due for collection and not collected, or

• (d) not in compliance with its terms and conditions for the transmission of postal packets,

and the name and the address of the sender cannot be ascertained.

• (4) For the purposes of subsection (3) (a), a postal packet is considered to be undeliverable if it cannot be delivered through want of a true direction, or by reason that the addressee is dead, or cannot be found, or has refused the same, or has refused or neglected to pay any charges thereon, or for any other sufficient reason.

48. Power to detain postal packets.

48.— (1) In this section “relevant goods” means—

• (a) any goods chargeable with any duty or tax on importation or exportation which has not been paid or secured, or

• (b) any goods in the course of importation, exportation or removal into or out of the State contrary to any prohibition or restriction for the time being in force by virtue of any enactment.

• (2) A postal service provider who suspects that a postal packet may contain relevant goods shall—

• (a) detain such postal packet, and

• (b) forward the postal packet to the Revenue Commissioners.

• (3) This section shall come into operation on such day as the Minister may appoint by order.

Chapter 8 Evidential provisions

49. Evidential provisions in relation to postage.

49.— (1) The amount of any postage or any other sum due and payable by a person to a universal postal service provider in connection with the provision of a universal postal service may be recovered from the person as a simple contract debt by the universal postal service provider concerned in any court of competent jurisdiction.

• (2) The mark of a universal postal service provider or a foreign postal service provider of any sum on a postal packet as due in respect of that postal packet shall, unless the contrary is shown, be sufficient proof in any legal proceedings of the liability of the postal packet to the sum so marked.

• (3) In any proceedings for the recovery of postage or any other sum due and payable in respect of a postal packet, the production of the postal packet concerned with a stamp or other mark on it of a universal postal service provider, made in connection with the provision of a universal postal service, or of a foreign postal service provider, indicating that the postal packet—

• (a) has been refused or rejected,

• (b) is unclaimed, or

• (c) cannot for any other reason be delivered,

shall, unless the contrary is shown, be sufficient proof of the fact indicated.

• (4) In any proceedings pursuant to this section, a certificate purporting to be signed by a universal postal service provider stating that a specified sum is due by a specified person in respect of the provision of any universal postal service by the universal postal service provider, shall be evidence of the matters so stated without further proof unless the contrary is shown.

• (5) In any proceedings pursuant to this section, the person from whom any postal packet in respect of which any such postage or other sum is sought to be recovered purports to have come shall, unless the contrary is shown, be taken to be the sender of the postal packet.

50. Evidence of thing being a postal packet.

50.— For the purposes of proceedings for an offence under this Part, evidence that any article is in the course of transmission by post, or has been accepted by a postal service provider for transmission by post, shall be sufficient evidence that the article is a postal packet.

Chapter 9 Enforcement

51. Directions and compliance.

51.— (1) This section applies to a direction given by the Commission under any of the provisions of this Part to a universal postal service provider or a postal service provider, as the case may be (in this section referred to as a “direction”).

• (2) The Commission may, as it considers appropriate, having regard, amongst other matters, to the reasonable needs of postal service users, publish a direction.

• (3) A direction shall—

• (a) be in writing,

• (b) be addressed to the universal postal service provider or postal service provider concerned, and

• (c) state the reasons on which it is based.

• (4) Where the Commission is of the opinion that a universal postal service provider or postal service provider, as the case may be, has not complied, or is not complying, with a direction, the Commission shall give notice to the universal postal service provider or postal service provider, in writing, stating the reasons for such opinion and giving the universal postal service provider or postal service provider the opportunity to make representations or remedy any non-compliance, as specified in the notice, not later than—

• (a) 4 weeks from the date of the notice,

• (b) such period of less than 4 weeks as may be agreed by the Commission and the postal service provider concerned or stipulated by the Commission in the case of repeated non-compliance, or

• (c) such other period as the Commission considers appropriate in the circumstances.

• (5) The Commission shall consider any representations which are made under subsection (4).

• (6)
• (a) The Commission may amend or revoke a notice given under this section and shall notify the postal service provider in writing accordingly.

• (b) This section applies to a notice amended under this subsection as it applies to a notice given under subsection (4).

• (7) Where, at the end of the period specified in a notice given under subsection (4), the Commission is of the opinion that a universal postal service provider or a postal service provider has not complied, or is not complying, with a direction, the Commission may apply to the High Court for an order requiring the universal postal service provider or postal service provider to comply with such direction (in this section referred to as a “compliance order”). Such an application is to be by motion.

• (8) The High Court may hear the application under subsection (7) only if it is satisfied that a copy of the application has been served on the universal postal service provider or postal service provider concerned.

• (9) The High Court may make such interim or interlocutory order as it considers appropriate pending determination of an application made under subsection (7). The Court may not refuse interim or interlocutory relief merely because the Commission may not suffer damage if relief were not granted pending determination of the application.

• (10) On the hearing of an application made under subsection (7) the High Court may make a compliance order or may refuse the application.

• (11)
• (a) An application made under subsection (7) for a compliance order may include an application for an order directing the universal postal service provider or postal service provider to pay to the Commission a financial penalty of such amount as is proposed by the Commission having regard to the circumstances of the non-compliance concerned.

• (b) In deciding an application for a compliance order made under subsection (7), the High Court, having regard to the circumstances surrounding the non-compliance concerned, may order the universal postal service provider or postal service provider to pay to the Commission a financial penalty of such amount as is specified in the order which shall not in any case be more than the amount proposed by the Commission in its application pursuant to paragraph (a).

• (c) The circumstances referred to in paragraph (b) include the following:

• (i) the duration of the non-compliance;

• (ii) the effect of the non-compliance on postal service users and other universal postal service providers or postal service providers;

• (iii) the submissions of the Commission with respect to what it considers the appropriate amount, and

• (iv) any excuse or explanation for the non-compliance provided by the universal postal service provider or postal service provider.

52. Appeals to High Court.

52.— (1) In this section “decision” means—

• (a) a decision made by the Commission under section 17(2), 18(1)(b) or (2), 28(2), 30(2), (5) or (9), 33(4) or (5) or 41(1),

• (b) a determination made by the Commission under section 16(1)(a)(ii), 18(3), 32(9) or 35(4) or section 30(11A)(b) (inserted by section 44) of the Principal Act, or

• (c) a direction given by the Commission under section 16(10), 24(5), 31(1), 32(7), 34(2), 42(3) or 43(3) or (6).

• (2) A user or postal service provider (in this section referred to as the “appellant”) whose interests are materially affected by a decision may, not later than 28 days after the user or postal service provider has been notified of the decision, appeal to the High Court against that decision.

• (3) An appeal under this section shall be made in such manner as is prescribed by rules of court of the High Court or as the High Court may direct.

• (4) Notice of an appeal and the grounds for it shall be given by the appellant to the Commission in such manner as is prescribed by rules of court of the High Court or as the High Court may direct.

• (5) The High Court shall hear and determine an appeal under this section and may make such orders as it considers appropriate.

• (6) The orders that may be made by the High Court on the hearing of an appeal under this section include—

• (a) an order affirming or setting aside the decision in whole or in part, and

• (b) an order remitting the matter to be decided again by the Commission in accordance with the directions of the Court.

• (7) Subject to subsection (8), an appeal under this section does not—

• (a) affect the operation of the decision appealed against, or

• (b) prevent the taking of action to implement the decision, unless the High Court otherwise orders.

• (8)
• (a) Where an appeal is made under this section against a decision, the High Court may make such order staying or otherwise affecting the operation or implementation of the decision, or a part of that decision, as the Court considers appropriate, pending the hearing of the appeal.

• (b) If an order is in force under paragraph (a) (including an order that has previously been varied on one or more than one occasion under this paragraph), the High Court may make a further order varying or revoking the order.

• (c) An order in force under paragraph (a) (including an order that has previously been varied on one or more than one occasion under paragraph (b))—

• (i) is subject to such conditions as are specified in the order, and

• (ii) has effect until—

• (I) if a period for the operation of the order is specified in the order, the expiry of that period or, if the appeal is determined before the end of that period, the making of the determination, or

• (II) if no period is so specified, the giving of a decision on the appeal.

• (9) The determination of the High Court on the hearing of an appeal under this section is final, except that, by leave of the High Court, an appeal on a specified question of law shall lie to the Supreme Court.

Chapter 10 Offences in relation to postal services

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

53.— (1) A person commits an offence if he or she, without the agreement of the addressee and, in the case of a person who is a postal service provider or an employee or agent of a postal service provider, contrary to his or her duty, intentionally—

• (a) delays, detains, interferes with or opens, a postal packet addressed to another person or does anything to prevent its delivery or authorises, suffers or permits another person (who is not the addressee) to do so,

• (b) discloses the existence or contents of a postal packet referred to in paragraph (a), or

• (c) uses for any purpose any information obtained from a postal packet referred to in paragraph (a).

• (2) A person commits an offence if he or she, without reasonable excuse and, in the case of a person who is a postal service provider or an employee or agent of a postal service provider, contrary to his or her duty, intentionally opens a mail bag.

• (3) A person who commits an offence under this section is liable—

• (a) on summary conviction, to a class C fine or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €75,000 or imprisonment for a term not exceeding 5 years or both.

• (4) This section does not apply to any person who is acting—

• (a) pursuant to any of the powers as to the transmission of postal packets set out in section 47,

• (b) pursuant to a direction given by the Minister under section 110 of the Act of 1983, as applied by section 54, or

• (c) under other lawful authority.

54. Ministerial directions to postal service providers.

54.— (1) Subject to subsection (2), references to the company in section 110 of the Act of 1983, in so far as that section relates to An Post, shall be read as references to a postal service provider.

• (2) Without prejudice to the application of section 110 of the Act of 1983 to An Post, that section applies, in respect of other postal service providers, only for the purposes of section 53 and the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.

• (3) The Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 is amended—

• (a) in paragraph (a)(ii) of the definition of “interception” in section 1 by substituting “an offence under section 53 of the Communications Regulation (Postal Services) Act 2011” for “an offence under section 84 of that Act”,

• (b) in section 9(3) by substituting “a postal service provider (within the meaning of the Communications Regulation (Postal Services) Act 2011)” for “An Post”,

• (c) in section 10(1)(a) by substituting “section 53 of the Communications Regulation (Postal Services) Act 2011 or section 98 of the Act of 1983” for “section 84 or 98 of the Act of 1983”,

• (d) in section 10(2)(a) by substituting “section 53(4) of the Communications Regulation (Postal Services) Act 2011 or section 98(2) of the Act of 1983” for “section 84(2) or 98(2) of the Act of 1983”, and

• (e) in section 10(2)(d)(ii) by substituting “a postal service provider (within the meaning of the Communications Regulation (Postal Services) Act 2011)” for “An Post”.

• (4) Section 110 of the Act of 1983 is amended—

• (a) in subsection (6) by substituting “Subject to subsection (8), a person who” for “A person who”, and

• (b) by inserting the following after subsection (7):

• “(8) In the case of An Post and any other postal service provider (within the meaning of the Communications Regulation (Postal Services) Act 2011), subsection (6) applies only in respect of non-compliance by An Post or any such postal service provider, as the case may be, with directions issued under this section for the purposes of section 53 of the Communications Regulation (Postal Services) Act 2011 and the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.”.

55. Prohibition on sending certain articles by post.

55.— (1) A person commits an offence if he or she sends by post any postal packet—

• (a) which encloses any creature, article or thing of any kind, including any explosive, noxious or otherwise dangerous substance, likely to injure—

• (i) any other postal packet in the course of its transmission by post, or

• (ii) any employee or agent of a postal service provider,

• (b) which encloses any article or thing whatsoever which is indecent, obscene, grossly offensive or menacing, or

• (c) which has on the postal packet or its cover, any words, marks or designs which are of an indecent, obscene, grossly offensive or menacing character.

• (2) A person who commits an offence under this section is liable—

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €75,000 or to imprisonment for a term not exceeding 5 years or both.

• (3) Subsection (1) (a) does not apply to postal packets which enclose anything permitted to be sent (whether generally or specifically) by the postal service provider concerned, provided that such postal packets are sent in compliance with the terms and conditions of that postal service provider.

56. Obstruction of a universal postal service provider.

56.— (1) A person commits an offence if he or she without reasonable excuse—

• (a) obstructs or interferes with a universal postal service provider or an employee or agent of a universal postal service provider in the execution of his or her duty in connection with the provision of all or any part of a universal postal service, or

• (b) while in any post office or related premises, obstructs or interferes with the course of business of a universal postal service provider in connection with the provision of all or any part of a universal postal service.

• (2) A person commits an offence if, without reasonable excuse, he or she fails to leave a post office or related premises when required to do so by an employee or agent of a universal postal service provider who reasonably suspects the first-mentioned person of committing an offence under subsection (1) and the first-mentioned person may be removed by that employee or agent.

• (3) A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a class E fine.

• (4) In this section “related premises” means any premises belonging to a post office or used together with a post office.

57. Prohibition on interference with post boxes.

57.— (1) A person who intentionally and without lawful excuse inserts any item other than a postal packet into a post box commits an offence and is liable—

• (a) on summary conviction, to a class C fine or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €75,000 or imprisonment for a term not exceeding 5 years or both.

• (2) A person who intentionally interferes with the exterior of a post box, except with the prior consent of the postal service provider concerned, commits an offence and is liable on summary conviction to a class C fine or imprisonment for a term not exceeding 12 months or both.

58. Secretion of a postal packet.

58.— An employee or agent of a postal service provider who for any purpose whatsoever, without reasonable excuse, secretes a postal packet in the course of transmission by post, commits an offence and is liable on summary conviction to a class C fine or imprisonment for a term not exceeding 12 months or both.

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

59.— Section 43 of the Principal Act is amended—

• (a) by substituting the following for subsection (2):

• “(2) Subsection (1) does not apply to a prosecution for an offence under—

  • (a) section 53(2),

  • (b) the European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations 2003 (S.I. No. 308 of 2003),

  • (c) the European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 (S.I. No. 535 of 2003), or

  • (d) section 53, 55, 56(2), 57 or 58 of the Communications Regulation (Postal Services) Act 2011.”,

and

• (b) by inserting the following after subsection (2):

• “(3)

  • (a) In this subsection “relevant offence” means an offence under—

    • (i) section 13C(2) or (5), 13D(2) or (5), 13F(5), 24(3), 38C, 38D, 38E, 39(6) or 45(2) of this Act,

    • (ii) section 13 of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010, or

    • (iii) section 38(7), 42(4), 56(1) or (2), 57(2) or 58 of the Communications Regulation (Postal Services) Act 2011.

  • (b) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for a relevant offence may be instituted within 12 months from the date on which the offence was committed.”.

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

60.— Section 44 of the Principal Act is amended in subsection (1) by inserting “(other than an offence under section 53, 55, 56(2), 57 or 58 of the Communications Regulation (Postal Services) Act 2011)” after “this Act”.

Chapter 11 Regulation of provision of free postage to candidates

61. Provision of free postage to candidates.

61.— (1) In this section—

“designation order” means an order made by the Minister for Public Expenditure and Reform under subsection (2);

“relevant postal service provider” means—

• (a) where no designation order is made, An Post, or

• (b) where a designation order is made, the person so designated,

in relation to the provision of free postage to candidates pursuant to all or any of the following provisions:

• F3[(i) section 28A of the Seanad Electoral (University Members) Act 1937;]

• (ii) section 57 of the Electoral Act 1992;

• (iii) section 32 of the Presidential Elections Act 1993;

• (iv) rule 22 of Part 1 of the Second Schedule to the European Parliament Elections Act 1997.

• (2) The Minister for Public Expenditure and Reform, after consultation with the Minister for Environment, Community and Local Government, may by order designate one or more than one person to be a relevant postal service provider (in this section referred to as a “designation order”).

• (3)
• (a) The terms and conditions applying to the provision of free postage to candidates pursuant to all or any of the provisions specified in subparagraphs (i) to (iv) of the definition of “relevant postal service provider” in subsection (1) shall be agreed by the Minister for Public Expenditure and Reform and the relevant postal service provider concerned, after consultation with the Minister for the Environment, Community and Local Government and, where appropriate, the Minister for Defence.

• (b) The appropriate sum payable, pursuant to the terms and conditions referred to in paragraph (a), from the Central Fund, or the growing produce of that Fund, to a relevant postal service provider shall be authorised by the Minister for Finance at the request of the Minister for Public Expenditure and Reform.

• (4) Notwithstanding the repeal of section 74 of the Act of 1983 by section 4(1), schemes made under the said section 74 and in force immediately before the passing of this Act shall continue in force until the date on which such designation order as may be made comes into operation.

• (5) Every designation order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the designation order is passed by either such House within the next 21 days on which the House has sat after that designation order is laid before it, the designation order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

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

62.— (1) Section 3 of the Seanad Electoral (University Members) Act 1937 is amended by inserting the following definition:

“ ‘relevant postal service provider’ has the meaning assigned to it by section 61 of the Communications Regulation (Postal Services) Act 2011.”.

• (2) Section 5 of the Seanad Electoral (University Members) Act 1937 is amended—

• (a) by renumbering the existing provision as subsection (1) of that section, and

• (b) by inserting the following after subsection (1):

• “(2) The expenses incurred by reason of this Act by a relevant postal service provider (whether such expenses relate to the exercise by candidates at elections of the right of free postage conferred by section 25 of this Act or are otherwise so incurred in relation to a Seanad election) shall, to such extent as may be authorised by the Minister for Finance at the request of the Minister for Public Expenditure and Reform, be paid out of the Central Fund or the growing produce thereof.”.

63. Amendments to Electoral Act 1992.

63.— (1) Section 2(1) of the Electoral Act 1992 is amended by inserting the following definition:

“ ‘relevant postal service provider’ has the meaning assigned to it by section 61 of the Communications Regulation (Postal Services) Act 2011;”.

• (2) Section 4(2) of the Electoral Act 1992 is amended by substituting “a relevant postal service provider” for “An Post”.

• (3) Section 57 of the Electoral Act 1992 is amended—

• (a) in subsection (1) by substituting “section 61 of the Communications Regulation (Postal Services) Act 2011” for “such conditions as may be specified under section 74 of the Postal and Telecommunications Services Act, 1983”,

• (b) in subsection (2)(b) by substituting “the relevant postal service provider” for “An Post”, and

• (c) in subsection (3) by substituting “the relevant postal service provider” for “An Post”.

64. Amendments to Presidential Elections Act 1993.

64.— (1) Section 3(1) of the Presidential Elections Act 1993 is amended by inserting the following definition:

“ ‘relevant postal service provider’ has the meaning assigned to it by section 61 of the Communications Regulation (Postal Services) Act 2011;”.

• (2) Section 5(2) of the Presidential Elections Act 1993 is amended by substituting “a relevant postal service provider” for “An Post”.

• (3) Section 32 of the Presidential Elections Act 1993 is amended—

• (a) in subsection (1) by substituting “section 61 of the Communications Regulation (Postal Services) Act 2011” for “such conditions as may be specified under section 74 of the Postal and Telecommunications Services Act, 1983”,

• (b) by substituting the following for subsection (3):

• “(3) The relevant postal service provider may permit a candidate to exercise the right aforesaid before the candidate is entitled under subsection (2) so to do upon the candidate giving such security as may be required by the relevant postal service provider for the payment of the postage on all communications sent by the candidate under this section in the event of the candidate not becoming so entitled to exercise the said right.”,

and

• (c) in subsection (4) by substituting “the relevant postal service provider” for “An Post”.

65. Amendments to European Parliament Elections Act 1997.

65.— (1) Section 2(1) of the European Parliament Elections Act 1997 is amended by inserting the following definition:

“ ‘relevant postal service provider’ has the meaning assigned to it by section 61 of the Communications Regulation (Postal Services) Act 2011;”.

• (2) Section 4(2) of the European Parliament Elections Act 1997 is amended by substituting “a relevant postal service provider” for “An Post”.

• (3) The Second Schedule to the European Parliament Elections Act 1997 is amended in rule 22—

• (a) in paragraph (1) by substituting “section 61 of the Communications Regulation (Postal Services) Act 2011” for “such conditions as may be specified under section 74 of the Postal and Telecommunications Services Act, 1983”, and

• (b) in paragraph (2) by substituting “the relevant postal service provider” for “An Post”.

PART 3 The National Postcode System

65A. F4[Interpretation

65A. (1) In this Part—

F5[...]

F6["Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016⁴² on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);]

"end user" means a person who has entered into an end user contract with a postcode contractor or a value added reseller;

"end user contract" means a contract entered into between the postcode contractor or a value added reseller and an end user pursuant to which the postcode contractor or the value added reseller supplies a value added service to the end user;

"legitimate postcode activity" shall be construed in accordance with subsection (2);

"national postcode system" has the meaning assigned to it by section 66(1);

F7["personal data" means personal data within the meaning of the Data Protection Regulation;]

"personalised data" is information (other than a postcode, a geo-coordinate, an address or a variation of an address) associated to a postcode in a postcode database that:

• (a) is unique to a property and is associated in the postcode database concerned to the postcode corresponding to the address of that property, unless such information is lawfully and publicly available or accessible;

• (b) is associated directly or indirectly in the postcode database concerned to the name of a person;

• (c) is unique to an owner or occupier of property and is directly or indirectly associated in the postcode database concerned to the postcode corresponding to the address of that property;

"postcode" has the meaning assigned to it by section 66(1);

"postcode contractor" means the person with whom the Minister has entered into a contract under section 66(2);

"postcode database" means any database established and maintained by the postcode contractor or a value added reseller that contains or includes postcodes;

"privacy notice" shall be construed in accordance with section 66B;

F7["processing" means processing within the meaning of the Data Protection Regulation;]

"universal postal service provider" has the meaning assigned to it by section 6(1);

"value added reseller" means the holder of a value added reseller licence;

"value added reseller licence" means a licence between the postcode contractor and a value added reseller, that authorises the value added reseller to supply a value added service in respect of a postcode database;

"value added service" means the supply by a value added reseller to an end user of a postcode database or a product or service that uses or is derived from a postcode database.

• (2) For the purposes of this Part, each of the following is a legitimate postcode activity:

• (a) the development, implementation or maintenance by the Minister or the postcode contractor of the national postcode system;

• (b) the association of a geo-coordinate or address (including any variation of an address) to a postcode by the Minister or the postcode contractor for the purposes of the development, implementation or maintenance of the national postcode system;

• (c) the dissemination (including through the processing of personal data controlled by An Post, a universal postal service provider or such other person as the Minister considers appropriate), on behalf of either the postcode contractor or the Minister, of a postcode to its corresponding address by An Post, a universal postal service provider or such other person as the Minister considers appropriate;

• (d) the matching (in this paragraph referred to as a "matching service") for a person (in this paragraph referred to as a "matching service end user") by the Minister, the postcode contractor or a value added reseller of an address (including variation of an address) to a postcode, or to a geo-coordinate associated to a postcode provided that—

• (i) the information provided by the matching service end user to the Minister, postcode contractor or value added reseller for the purposes of obtaining the matching service is limited to one or more of the following:

• (I) the address (including a variation of the address);

• (II) an identifier of the property, other than the name of a person;

• (III) such other information (other than the name of a person) specified by the Minister as appropriate to be provided,

and

• (ii) the Minister, contractor or value added reseller does not provide to the matching service end user the name of any person owning or occupying the property in question;

• (e) the inclusion within a postcode database by the Minister, postcode contractor or a value added reseller of a variation of an address obtained from a person who owns or occupies the property to which the address relates, or from an end user;

• (f) the creation or management by the Minister, postcode contractor or a value added reseller of a postcode database that—

• (i) does not include personalised data, or

• (ii) includes personalised data with the consent of the person concerned;

• (g) the licensing to a value added reseller by the Minister or postcode contractor, or the licensing to an end user by a postcode contractor or a value added reseller, of a postcode database that—

• (i) does not include personalised data, or

• (ii) includes personalised data with the consent of the person concerned;

• (h) the supply by a value added reseller to an end user of a value added service to the extent that the value added service uses or is derived from a postcode database where such database—

• (i) does not include personalised data, or

• (ii) includes personalised data with the consent of the person concerned;

• (i) such other activities as the Minister may, after consultation with the Minister for Justice and Equality and the Data Protection Commissioner, prescribe by regulations, having regard to the development, implementation and maintenance of the national postcode database and the rights of owners and occupiers of property.]

66. The national postcode system.

66.— (1) In this section—

“national postcode system” has the meaning given to it by subsection (2);

“postcode” means a code consisting of numbers or other characters or both numbers and other characters that identifies the locality of an address and, where appropriate, the geographic location of an address;

“public body” means—

• (a) a Department of State,

• (b) a local authority,

• (c) a body established by any enactment.

• (2) The Minister may, with the prior consent of the Minister for Public Expenditure and Reform, enter into a contract with one or more than one person for the development, implementation and maintenance of a system (in this section referred to as the “national postcode system”) for the allocation, dissemination and management of postcodes for the purposes of, or relating to, the provision of postal services and the use of the national postcode system by other persons for such other purposes as the Minister considers appropriate.

• (3) The contract referred to in subsection (2) shall specify the terms and conditions relating to the development, implementation and maintenance of the national postcode system and, in particular, shall specify—

• (a) the conditions subject to which postcodes may be made available,

• (b) the conditions relating to the protection of intellectual property rights, and

• (c) the conditions (including conditions as to the making of charges) subject to which the national postcode system may be made available to any person who may wish to use it.

• (4) While the contract referred to in subsection (2) remains in force, the person or persons with whom the Minister so contracts shall provide such information as the Minister requires for the purposes of this section.

• (5) Nothing in subsection (3) shall be read so as to prevent—

• (a) the sharing of the national postcode system with public bodies free of charge for the purposes of the performance of their functions,

• (b) the requirement, subject to such terms and conditions as the contract may specify, for the adoption of a differential charging policy for commercial and non-commercial use of the national postcode system by other persons.

66A. F8[Regulations

66A. (1) The Minister may, by regulations, specify such conditions to be attached to a value added reseller licence granted by a postcode contractor as he or she considers necessary to ensure that the privacy of the owners and occupiers of property in respect of which a postcode has been allocated is safeguarded.

• (2) Without prejudice to the generality of subsection (1), regulations made in accordance with that subsection may—

• (a) F9[...]

• (b) require that such licence contain a provision that it may be suspended or terminated by the postcode contractor whenever so directed by the Minister, and

• (c) require that an audit of the books and records of a value added reseller be carried out at such time and in such form and made in such manner as the Minister or, as the case maybe, the postcode contractor so directs.

• (3) Regulations under this Part may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

• (4) Every regulation made under this Part shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.]

66B. F10[Privacy notice

66B. The postcode contractor and a value added reseller shall each publish a notice (in this Part referred to as a ‘privacy notice’) on their respective websites containing the following:

• (a) an explanatory note on the background and origin of postcodes,

• (b) particulars of the source and types of data included in the relevant postcode database,

• (c) in the case of the postcode contractor, a list of value added resellers to whom the postcode contractor has granted a value added reseller licence,

• (d) information regarding the entitlement of owners and occupiers of property to have any data rectified or erased, and

• (e) information regarding the entitlement to make a complaint to the postcode contractor.]

66C. F11[Personal data protection

66C. (1) Nothing in this Part shall be construed as authorising the processing of personal data contrary to the provisions of F12[the Data Protection Regulation and the Data Protection Act 2018].

• F12[(2) Article 21 (Right to object) of the Data Protection Regulation shall not apply to processing of personal data that is required for the purposes of carrying out legitimate postcode activity.]]

66D. F13[Complaints procedures

66D. (1) The postcode contractor shall draw up procedures for dealing with complaints by an owner or occupier of property, (in this section referred to as ‘the complainant’) relating to the use of postcodes by the postcode contractor or a value added reseller and shall publish details of the procedures on the internet.

• (2) The postcode contractor may decide not to deal with a complaint where the complaint is, in its opinion, trivial, vexatious or frivolous or not made in good faith.

• (3) A complainant shall comply with all reasonable requests for information by the postcode contractor in carrying out an investigation into a complaint received by it.

• (4) A complaint shall be submitted by the complainant in writing to the postcode contractor.

• (5) The postcode contractor shall notify the complainant concerned in writing of the reasons for its decision.

• (6) The postcode contractor shall prepare and submit an annual report to the Minister in relation to—

• (a) the number and type of complaints and their resolution,

• (b) any decision by the postcode contractor not to deal with a complaint, and

• (c) any other information the postcode contractor considers appropriate.

• (7) The Minister may, by regulations, make provision for the following:

• (a) the procedure to be followed in investigating complaints;

• (b) the requirements to be complied with by complainants;

• (c) the remedies and redress available to complainants;

• (d) any other matters the Minister considers necessary or appropriate to secure the effective protection of complainants.]

66E. F14[Code of practice

66E. (1) The postcode contractor shall prepare and submit to the Minister for his or her approval a draft code of practice regarding the retention of data related to postcode databases.

• (2) In preparing a draft code of practice under subsection (1), the postcode contractor shall consult with the Data Protection Commissioner and such other persons or bodies as the postcode contractor considers appropriate or as the Minister may direct.

• (3) The Minister may approve, refuse to approve, or after consultation with the postcode contractor, amend the draft code of practice.

• (4) A draft code of practice shall, if approved by the Minister under subsection (3), be published (including publication on the website of the postcode contractor) and shall apply and have effect in accordance with its terms.]

PART 4 Amendments to Broadcasting Act 2009

67. Definition (Part 4).

67.— In this Part “Act of 2009” means the Broadcasting Act 2009.

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

68.— Section 118 of the Act of 2009 is amended by substituting the following for subsection (9):

• “(9) Each amount paid to TG4 under section 123(4) shall be used by TG4 solely for the purposes of—

  • (a) pursuing its public service objects, and

  • (b) paying amounts levied on TG4 under section 33.”.

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

69.— Section 123 of the Act of 2009 is amended—

• (a) by substituting the following for subsection (1):

• “(1) The Minister, with the approval of the Minister for Public Expenditure and Reform, may pay to RTÉ and TG4 out of monies provided by the Oireachtas, in respect of each financial year beginning with the financial year commencing on 1 January 2011, an amount equal to the total of the receipts in that year in respect of television licence fees apportioned to RTÉ and TG4 as the Minister determines in accordance with subsection (1A) less—

  • (a) any expenses certified by the Minister as having been incurred by him or her in that year in relation to the collection of those fees, and

  • (b) any amount paid under section 156(2).”,

• (b) by inserting the following after subsection (1):

• “(1A)

  • (a) The Minister shall, after consultation with the Minister for Public Expenditure and Reform, determine the portion of the amount referred to in subsection (1) to be paid to RTÉ and TG4 respectively.

  • (b) When making a determination for the purposes of paragraph (a), the Minister shall have regard to the ability of RTÉ and TG4 to fulfil their public service objects.”,

and

• (c) by inserting the following after subsection (2):

• “(2A) The amount paid to TG4 in each financial year under subsection (1), shall be used by TG4 solely for the purposes of—

  • (a) pursuing its public service objects, and

  • (b) paying amounts levied on TG4 under section 33.”.

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

70.— Section 124 of the Act of 2009 is amended in subsection (5) by substituting “and the amounts of any payments to be made to TG4 under section 123” for “and the amount of any payment to be made to TG4 under section 123(4)”.

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

71.— Section 145 of the Act of 2009 is amended by inserting the following after subsection (14):

• “(15)

  • (a) The Department of Social Protection shall pay to the Minister such an amount as is determined by the Minister, in consultation with the Minister for Public Expenditure and Reform and the Minister for Social Protection, in respect of each licence (if any) issued in accordance with the scheme referred to in subsection (12).

  • (b) In making a determination for the purposes of paragraph (a), the Minister shall have regard to the ability of RTÉ and TG4 to meet their public service objects.

• (16) The Department of Social Protection shall maintain and furnish such data and information, and in such format (including electronic formats), as the Minister, following consultation with the Minister for Social Protection, may require in relation to the exercise of powers conferred on the Department of Social Protection under this Part.”.

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

72.— Section 154 of the Act of 2009 is amended in subsection (1) by substituting the following for paragraph (e)—

• “(e) the development of archiving of programme material for all or any of the descriptions of programme specified in paragraphs (a), (b), (c), (d) and (f), including technological and system developments for the purposes of enhancing the availability of and access to archived programme material, and”.

Section 4.

SCHEDULE 1 Repeals and Revocations

PART 1 Repeals

Item (1)	Session and Chapter or Number and Year (2)	Short Title (3)	Extent of repeal (4)
1	1 & 2 Vict., c. 98	Railways (Conveyance of Mails) Act 1838	The whole Act.
2	10 & 11 Vict., c. 85	Post Office (Duties) Act 1847	The whole Act.
3	31 & 32 Vict., c. 119	Regulation of Railways Act 1868	Sections 36 and 37.
4	36 & 37 Vict., c. 48	Regulation of Railways Act 1873	Sections 18, 19 and 20.
5	38 & 39 Vict., c. 63	Sale of Food and Drugs Act 1875	Section 16.
6	56 & 57 Vict., c. 38	Conveyance of Mails Act 1893	Sections 2 and 3.
7	8 Edw. 7, c. 48	Post Office Act 1908	Sections 5, 7, 8, 9, 19, 20, 21, 22, 26, 27, 28, 29, 30, 32, 44, 48, 51, 53, 53A, 55, 57, 61, 62, 63, 64, 65, 66, 67 (in so far as it relates to An Post or officers of An Post), 68, 69, 70(3), 72, 74, 75, 78, 79, and 81.
8	No. 40 of 1936	Air Navigation and Transport Act 1936	Section 67.
9	No. 7 of 1937	Post Office (Evasion of Postage) Act 1937	The whole Act.
10	No. 21 of 1944	Transport Act 1944	Section 53(1)(c).
11	No. 17 of 1951	Post Office (Amendment) Act 1951	Sections 9(3) and 12.
12	No. 19 of 1958	Transport Act 1958	Section 3.
13	No. 24 of 1983	Postal and Telecommunications Services Act 1983	Sections 5(2), 64, 66, 70 (in so far as it relates to schemes as respects the provision of postal services), 71, 72, 74, 75, 82, 83 and 84.

PART 2 Revocations

Item (1)	Number and year (2)	Citation (3)	Extent of revocation (4)
1	S.I. No. 616 of 2002	European Communities (Postal Services) Regulations 2002	The whole instrument.
2	S.I. No. 135 of 2008	European Communities (Postal Services) (Amendment) Regulations 2008	The whole instrument.

Section 5.

SCHEDULE 2 Amendments to other enactments