24 1983

Next (PART I PRELIMINARY AND GENERAL)
[GA]

No. 24/1983:

POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY AND GENERAL

Section

1. Short title.

2. Interpretation.

3. Laying of orders and regulations before Houses of Oireachtas.

4. Penalties.

5. Proceedings.

6. Expenses.

7. Repeals and revocations.

8. Consequential amendment of enactments.

PART II

ESTABLISHMENT OF AN POST AND BORD TELECOM ÉIREANN

9. Formation of companies,

10. Names and capital formation of companies.

11. Form of memorandum of association.

12. Principal objects of postal company.

13. General duty of postal company.

14. Principal objects of telecommunications company.

15. General duty of telecommunications company.

16. Articles of association.

17. Restriction on alteration of memorandum or articles of association.

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

19. Issue of shares to Minister for Finance.

20. Issue of shares to subscribers to memorandum of association of each company.

21. Restriction on issue of share capital.

22. Acquisition of shares and exercise of powers by the Minister.

23. Transfer by Minister of shares.

24. Provision of money for share subscriptions.

25. Obligation of shareholder (other than the Minister) to hold share in trust.

26. Payment of dividends, etc., into Exchequer.

27. Power to borrow.

28. Guaranteeing by Minister for Finance of borrowings.

29. Financing of capital works and grants for current expenditure.

30. Provision of money for payments out of Central Fund.

31. Provision of working capital for each company.

32. Accounts and audits.

33. Annual report and furnishing of information to Minister.

34. Employee directors.

35. Remuneration, etc., of directors appointed under section 34.

36. Disclosure by directors of certain interests.

37. Prohibition on unauthorised disclosure of information.

38. Membership of House of Oireachtas or European Assembly.

39. Appointment of Chief Executives of the companies.

PART III

PROVISIONS APPLICABLE TO BOTH COMPANIES

40. Transfer of land.

41. Transfer of other property.

42. Transfer of rights and liabilities.

43. Exemption from stamp duty.

44. Acquisition of land.

45. Provisions applicable to staff transferred to companies.

46. Superannuation.

47. Provision for certain welfare finds.

48. Users' Councils.

49. Functions of Users' Councils.

50. Appointment of interim postal and telecommunications boards.

51. Loss-making services provided by direction of the Minister.

52. Non-application of certain enactments to companies.

53. Power of Commissioners of Public Works to undertake work.

54. Charge of rates on property of companies.

55. Transitional provision regarding taxation of motor fleet.

56. Liability for loss occurring before vesting day.

57. Continuance of pending legal proceedings.

58. Continuance of certain notices, certificates, declarations and bonds.

59. Continuance of licences and permissions granted by the Minister.

60. Continuance of planning consultations.

61. Restriction of liability of companies under Planning Acts.

PART IV

THE POSTAL COMPANY

62. Postal company.

63. Exclusive privilege of the postal company.

64. Limitation of liability of the postal company.

65. Delivery of postal packets.

66. Inviolability of mails and immunity of staff from prosecution.

67. Provision of banking services.

68. Money orders and postal orders.

69. Postage stamps and supplementary insurance stamps.

70. Charges and other terms applicable to services.

71. Evidence as to sum due for services provided by the company.

72. Transitional provisions as to regulations under Post Office Acts, 1908 to 1969.

73. Grant of licences for the provision of postal services.

74. Schemes for free postage for electoral candidates.

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

76. Issue of television and other licences.

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

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

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

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

81. Postmaster director.

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

83. Powers as to the transmission of postal packets.

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

85. Transitional financial provisions.

PART V

THE TELECOMMUNICATIONS COMPANY

86. Telecommunications company.

87. Exclusive privilege of the telecommunications company.

88. Limitation of liability of the telecommunications company.

89. Grant of licences for the provision of telecommunications services.

90. Charges and other terms applicable to services.

91. Evidence as to sum due for telecommunications services.

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

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

94. Continuance of proceedings for settlement of disputes.

95. Precabling of housing and industrial estates.

96. Control of telecommunications services.

97. Irish Telecommunications Investments Limited.

98. Prohibition on interception of telecommunications messages.

99. Fraudulent use of telecommunications system.

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

101. Transitional financial provisions.

PART VI

POST-OFFICE SAVINGS BANK AND OTHER SAVINGS SERVICES

102. Definitions.

103. Post Office Savings Bank.

104. Savings Bank business.

105. Limitation of liability.

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

107. Non-disclosure of information relating to deposits.

108. Disputes before Registrar of Friendly Societies.

109. Recoupment of company for cost of managing savings services.

PART VII

FUNCTIONS OF MINISTER FOR POSTS AND TELEGRAPHS

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

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

FIRST SCHEDULE

ELECTION OF CERTAIN DIRECTORS

PART I

Employee Directors

PART II

Postmaster Director of An Post

SECOND SCHEDULE

PROVISIONS RELATING TO COMPULSORY ACQUISITION

THIRD SCHEDULE

REPEAL AND REVOCATION OF ENACTMENTS

FOURTH SCHEDULE

CONSEQUENTIAL AMENDMENT OF ENACTMENTS

ACTS REFERRED TO

Acquisition of Land (Assessment of Compensation) Act, 1919 9 and 10 Geo. 5, c. 57
Air Navigation and Transport Act, 1936 1936, No. 40
Bankers' Books Evidence Act, 1879 42 and 43 Vict. , c, 11
Bankers' Books Evidence (Amendment) Act, 1959 1959, No. 21
Bankers' Books Evidence Acts, 1879 and 1959
Betting Act, 1931 1931, No. 27
Central Bank Act, 1942 1942, No. 22
Central Bank Act, 1971 1971, No. 24
Companies Act, 1963 1963, No. 33
Companies Acts
Conveyance of Mails Act, 1893 56 and 57 Vict., c. 38
Criminal Procedure Act, 1967 1967, No. 12
Currency and Central Bank Acts, 1927 to 1971
Customs (Consolidation) Act, 1876 39 and 40 Vict., c. 36
Customs-free Airport Act, 1947 1947, No. 5
Electoral Act, 1923 1923, No. 12
Electoral Act, 1963 1963, No. 19
Electricity (Supply) Act, 1927 1927, No. 27
Electricity (Supply) (Amendment) (No. 2) Act, 1934 1934, No. 38
Electricity (Supply) (Amendment) Act, 1945 1945, No. 12
European Assembly Elections Act, 1977 1977, No. 30
Exchange Control Act, 1954 1954, No. 30
Finance Act, 1895 58 and 59 Vict., c. 16
Finance Act, 1911 1 and 2 Geo. 5, c. 48
Finance Act, 1925 1925, No. 28
Finance Act, 1940 1940, No. 14
Finance Act, 1942 1942, No. 14
Finance Act, 1963 1963, No. 23
Firearms Act, 1925 1925, No. 17
Fire Services Act, 1981 1981, No. 30
Forgery Act, 1913 3 and 4 Geo. 5, c. 27
Gaming and Lotteries Act, 1956 1956, No. 2
Holidays (Employees) Act, 1973 1973, No. 25
Income Tax Act, 1967 1967, No. 61
Interpretation Act, 1937 1937, No. 38
Irish Bankrupt and Insolvent Act, 1857 20 and 21 Vict., c. 60
Irish Telecommunications Investments Limited Act, 1981 , 1981 No. 27
Irish Telecommunications Investments Limited (Amendment) Act, 1983

1983, No. 8
Lands Clauses Consolidation Act, 1845 8 and 9 Vict., c. 18
Larceny Act, 1916 6 and 7 Geo. 5, c. 50
Liffey Reservoir Act, 1936 1936, No. 54
Local Government (Planning and Development) Act, 1963 , 1963 No. 28
Local Government (Planning and Development) Act, 1976 , 1976 No. 20
Local Government (Planning and Development) Acts, 1963 to 1982
Malicious Injuries Act, 1981 1981, No. 9
Mergers, Take-overs and Monopolies (Control) Act, 1978 , 1978 No. 17
Minimum Notice and Terms of Employment Act, 1973 1973, No. 4
Ministers and Secretaries Act, 1924 1924, No. 16
Misuse of Drugs Act, 1977 1977, No. 12
Moneylenders Acts, 1900 and 1933
Payment of Wages Act, 1979 1979, No. 40
Petty Sessions (Ireland) Act, 1851 14 and 15 Vict., c. 3
Post Office Act, 1908 8 Edw. 7, c. 48
Post Office Act, 1913 3 and 4 Geo. 5, c. 11
Post Office Acts, 1908 to 1951
Post Office Acts, 1908 to 1969
Post Office (Amendment) Act, 1951 1951, No. 17
Post Office (Amendment) Act, 1969 1969, No. 18
Post Office and Telegraph Act, 1897 60 and 61 Vict., c. 41
Post Office and Telegraph Act, 1920 10 and 11 Geo. 5, c. 40
Post Office (Duties) Act, 1847 10 and 11 Vict., c. 85
Post Office (Evasion of Postage) Act, 1937 1937, No. 7
Post Office (Parcels) Act, 1882 45 and 46 Vict., c. 74
Post Office (Protection) Act, 1884 47 and 48 Vict., c. 76
Post Office Savings Bank Act, 1861 24 Vict., c. 14
Post Office Savings Bank Act, 1863 26 Vict., c. 14
Post Office Savings Bank Act, 1874 37 and 38 Vict., c. 73
Post Office Savings Bank Act, 1908 8 Edw. 7, c. 8
Post Office Savings Bank Acts, 1861 to 1958
Presidential Elections Act, 1937 1937, No. 32
Prevention of Electoral Abuses Act, 1923 1923, No. 38
Prices Acts, 1958 to 1972
Provident Nominations and Small Intestacies Act, 1883 46 and 47 Vict., c. 47
Public Offices Fees Act, 1879 42 and 43 Vict., c. 58
Railways (Conveyance of Mails) Act, 1838 1 and 2 Vict., c. 98
Referendum Act, 1942 1942, No. 8
Regulation of Railways Act, 1868 31 and 32 Vict., c. 119
Regulation of Railways Act, 1873 36 and 37 Vict., c. 48
Restrictive Practices Act, 1972 1972, No. 11
Revenue Act, 1889 51 and 52 Vict., c. 42
Road Transport Act, 1932 1932, No. 2
Road Transport Act, 1933 1933, No. 8
Sale of Food and Drugs Act, 1875 38 and 39 Vict., c. 63
Sale of Goods and Supply of Services Act, 1980 1980, No. 16
Savings Banks Act, 1880 43 and 44 Vict., c. 36
Savings Banks Act, 1887 50 and 51 Vict., c. 40
Savings Banks Act, 1891 54 and 55 Vict., c. 21
Savings Banks Act, 1904 4 Edw. 7, c. 8
Savings Banks Act, 1920 10 and 11 Geo. 5, c. 12
Savings Banks Act, 1958 1958, No. 23
Savings Banks (Barrister) Act, 1876 39 and 40 Vict., c. 52
Seanad Electoral (Panel Members) Act, 1947 1947, No. 42
Seanad Electoral (University Members) Act, 1937 1937, No. 30
Shannon Electricity Act, 1925 1925, No. 26
Shops (Conditions of Employment) Act, 1938 1938, No. 4
Social Welfare (Consolidation) Act, 1981 1981, No. 1
Stamp Act, 1891 54 and 55 Vict., c. 39
Stamp Duties Management Act, 1891 54 and 55 Vict. , c. 38
Superannuation Acts, 1834 to 1963
Superannuation and Pensions Act, 1976 1976, No. 22
Telecommunications Capital Acts, 1924 to 1981
Telegraph Act, 1863 26 and 27 Vict., c. 112
Telegraph Act, 1868 31 and 32 Vict., c. 110
Telegraph Act, 1869 32 and 33 Vict., c. 73
Telegraph Act, 1878 41 and 42 Vict., c. 76
Telegraph Act, 1885 48 and 49 Vict. , c. 58
Telegraph Act, 1892 55 and 56 Vict., c. 59
Telegraph Act, 1899 62 and 63 Vict., c. 38
Telegraph Act, 1928 1928, No. 10
Telegraph Act, 1953 1953, No. 27
Telegraph Acts, 1863 to 1916
Telegraph Acts, 1863 to 1953
Telegraph Act Amendment Act, 1866 29 Vict., c. 3
Telegraph (Arbitration) Act, 1909 9 Edw. 7, c. 20
Telegraph (Construction) Act, 1908 8 Edw. 7, c. 33
Telegraph (Construction) Act, 1911 1 and 2 Geo. 5, c. 39
Telegraph (Construction) Act, 1916 6 and 7 Geo. 5, c. 40
Telephone Capital Act, 1927 1927, No. 8
Telephone Transfer Act, 1911 1 and 2 Geo. 5, c. 26
Transport Act, 1944 1944, No. 21
Transport Act, 1950 1950, No. 12
Transport Act, 1958 1958, No. 19
Trustee Savings Banks Act, 1863 26 and 27 Vict c. 87
Turf Development Act, 1946 1946, No. 10
Undeveloped Areas Act, 1952 1952, No. 1
Unfair Dismissals Act, 1977 1977. No. 10
Wildlife Act, 1976 1976, No. 39
Wireless Telegraphy Act, 1926 1926, No. 45
Wireless Telegraphy Act, 1972 1972, No. 5
Wireless Telegraphy Acts, 1926 to 1972

Number 24 of 1983

POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983

AN ACT TO PROVIDE FOR THE REORGANISATION OF THE POSTAL AND TELECOMMUNICATIONS SERVICES, TO CONSTITUTE AUTHORITIES FOR THAT PURPOSE AND TO MAKE PROVISION FOR THE ASSIGNMENT TO THOSE AUTHORITIES OF FUNCTIONS HERETOFORE EXERCISED BY THE MINISTER FOR POSTS AND TELEGRAPHS; TO REPEAL, AMEND OR ADAPT ENACTMENTS RELATING TO THE POSTAL AND TELECOMMUNICATIONS SERVICES AND THE SAVINGS BANKS AND TO MAKE OTHER PROVISIONS IN RELATION TO THE MATTERS AFORESAID.

[13th July, 1983]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: