S.I. No. 394/1985 - Account Payment Scheme, 1985.

S.I. No. 394 of 1985.

ACCOUNT PAYMENT SCHEME, 1985.

AN POST, in exercise of the powers conferred on it by Section 70 of the Postal and Telecommunications Services Act, 1983 , hereby makes the following Scheme:

1. ( a ) This Scheme may be cited as the Account Payment Scheme, 1985.

( b ) This Scheme shall come into operation on the 1st day of April, 1985.

2. This Scheme applies to the payment of accounts, fees, bills, invoices and other simple contract debts through An Post to a creditor who has entered into an arrangement with An Post, and the service provided hereunder may be known as the Account Payment Service and is referred to as such in this Scheme.

3. The Account Payment Service shall consist of:

( a ) the acceptance by An Post of moneys owing to a creditor by any other person on foot of a bill, fee demand, invoice, account or other simple contract debt notified in writing by a creditor in respect of the sale or other provision of any goods, services, supplies or utilities;

( b ) the keeping of accounts by An Post in respect of all moneys accepted by it on foot of such bill, fee demand, invoice, account or other simple contract debt as aforesaid;

( c ) the rendering of accounts by An Post to a creditor who has entered into an arrangement with An Post pursuant to Regulation 4 of this Scheme; and

( d ) the payment over to a creditor by An Post of all or part of such moneys as have been accepted by it in accordance with paragraph ( a ) of this Regulation.

4. Where a person enters into an arrangement with An Post under this Scheme, An Post may provide the Account Payment Service in respect of such accounts, fees, bills, invoices and other simple contract debts owing to such person as may be included in such arrangement.

5. Every arrangement under this Scheme shall be subject to the standard terms and conditions of service contained in the schedule hereto, and the provisions of the said standard terms and conditions of service shall have the same force and effect as if they were included in the body of this Scheme.

6. The payment over of moneys by An Post in accordance with Regulation 3 (a) of this Scheme may be made by way of ordinary, pre-paid post, and may be made by cheque, money order, paying order or in such other form as An Post deems fit.

7. The making of an arrangement pursuant to Regulation 4 of this Scheme and the giving or obtaining of any receipt, certificate, document or account of whatever kind shall not give rise nor be construed as giving rise to a contract between An Post and any other person, and An Post shall not be liable for any loss or damage to any person arising from an arrangement under this Scheme.

8. There shall be charged and paid upon every account, fee, bill, invoice or other simple contract debt paid to An Post under the Account Payment Service such fee or sum as An Post may determine from time to time, to be expressed as a fixed amount for each item or as a proportion thereof or otherwise.

SCHEDULE.

STANDARD TERMS AND CONDITIONS OF THE ACCOUNT PAYMENT SERVICE

1. The making of an arrangement for the provision of the Account Payment Service and the giving or obtaining of any receipt, certificate, document or account of whatever kind shall not give rise to a contract between An Post and any other person, and An Post shall not be liable for any loss or damage to any person arising from such arrangement.

2. Every form, document or other instrument used in relation to the Account Payment Service shall first be submitted to An Post for approval, and An Post may or may not approve of same. Any form, document or other instrument not approved by An Post shall not be used in relation to the Account Payment Service.

3. The acceptance by An Post of any payment under the Account Payment Service shall take place at any post office or any number of post offices within the State, or at any other place specified by An Post from time to time.

4. The Account Payment Service or any part or element thereof may be provided by An Post or by any of An Post's agents or sub-contractors.

5. Every account made or rendered by An Post under the Account Payment Service shall be final and conclusive as to its contents and balance and shall be so regarded by every person entering into an arrangement with An Post for the provision of the Account Payment Service. Without prejudice to the foregoing, An Post may make allowance in favour of any person in respect of any error or omission in such account the existence of which is proved to its satisfaction.

6. Every arrangement made for the provision of the Account Payment Service may be terminated forthwith by An Post in the event of any of these Standard Terms and Conditions of Service or any of the provisions of the Account Payment Scheme, 1985, or any other warrant, scheme or statutory enactment relating to postal services being breached by any person making such arrangement.

7. An arrangement for the provision of the Account Payment Service may specify a period of time during which the arrangement is to continue, and in case it does not, may be terminated either by An Post or the other party thereto by the giving of three months' notice in writing.

GIVEN under the Common Seal of AN POST this 18th day of July 1985.

PRESENT when the Common Seal of AN POST was affixed hereto:

An Post,

G.P.O.,

Dublin 1.

EXPLANATORY NOTE.

This Scheme comes into operation on the 1st day of April 1985 and authorises the acceptance by An Post of payment of certain bills and accounts for transmission to creditors.