Postal and Telecommunications Services Act, 1983

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Functions of Users' Councils.

49.—(1) Subject to subsection (2), the functions of a Users' Council shall be—

(a) to consider any complaint or representation made to it by or on behalf of a user or a prospective user of the services provided within the State by the company under the powers granted to the company by section 63 or 87 , as the case may be;

(b) to consider any matter, other than matters of internal management, related to such services which appear to the Council to warrant consideration;

(c) to advise the Minister or the appropriate company on any matter relating to such services on which the Minister or the company, as the case may be, seeks the Council's advice;

(d) to publish an annual report and to present the report to the Minister who shall cause a copy of the report to be laid before each House of the Oireachtas.

(2) The functions of a Users' Council shall not extend to the consideration of any matter concerning the services referred to in subsection (1) which relates to public order or security.

(3) (a) The Minister, after consultation with the Minister for Trade, Commerce and Tourism, the company concerned and any other Minister who appears to the Minister to be concerned, may confer on a Users' Council such additional functions in relation to protecting the interests of users of the services referred to in subsection (1) as the Minister thinks proper and specifies in the order. Any such order may provide for the performance of the additional functions subject to conditions specified in the order and may contain such incidental and supplementary provisions as the Minister thinks necessary or expedient for giving full effect to the order.

(b) The Minister, after consultation as aforesaid and with the Users' Council concerned, may by order amend or revoke an order under this subsection.

(c) When an order under this subsection is proposed to be made by the Minister, a draft of the order shall be laid before each House of the Oireachtas and, if a resolution disapproving of the draft is passed by either such House within the next subsequent twenty-one days on which it has sat after the draft is laid before it, the order shall not be made.

(4) The Minister shall, after consultation with the Council, provide each Council with staff and accommodation and, in respect of staff, after consultation with the appropriate company and with the consent of the Minister for the Public Service.

(5) A Council may, with the approval of the Minister, given with the consent of the Minister for the Public Service, employ advisers to assist the Council in its work.

(6) The expenses of a Council shall form part of the expenses of the Minister in the administration of this Act.

(7) The Minister may—

(a) reimburse members of a Council for reasonable expenses incurred by them by virtue of their membership;

(b) recover from the appropriate company the costs incurred by its Council.

(8) Each company shall—

(a) advise its Users' Council of major plans and major projected developments in relation to any service referred to in subsection (1) (a), and

(b) furnish to its Users' Council such information as may be necessary to enable it to fulfil its functions (including, in particular, information necessary to enable the Council to respond expeditiously to complaints or representations made to it in accordance with subsection (1) (a)).

(9) A company shall not be required to advise its Council of any plans or projected developments which relate to public order or security or to obligations arising under any international agreement or from membership of an international organisation or under a specific direction of the Minister.

(10) Any amount to be paid to a Council under this section shall be determined by the Minister after consultation with the appropriate company.

(11) Any difference between a company and its Users' Council as to the information to be furnished to the Council under this section shall, at the request of either party, be determined by the Minister whose decision shall be final.