S.I. No. 366/1989 - Inland Post Amendment (No. 45) Scheme, 1989.

S.I. No. 366 of 1989.

INLAND POST AMENDMENT (No. 45) SCHEME, 1989.

AN POST, in exercise of the powers conferred on it by Section 70 of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983), hereby makes the following Scheme:

1. (1) This Scheme may be cited as the Inland Post Amendment (No. 45) Scheme, 1989.

(2) This Scheme shall be operative from the 1st day of January, 1990.

2. In this Scheme—

"An Post" includes a subsidiary or associated company of An Post and any person licensed by An Post or otherwise lawfully entitled to provide a service which is, for the time being, within the exclusive privilege conferred by statute upon An Post.

"inland service" means any service to which the Principal Warrant applies or any other service provided by An Post wholly within Ireland and Northern Ireland, Great Britain, the Channel Islands and the Isle of Man.

"the Principal Warrant" means the Inland Post Warrant, 1939 (S.R. and O. No. 202 of 1939), and includes any amendment thereto and any warrant, scheme or regulation relating to an inland service.

"charge" means a charge, price, fee, rate or postage, or part thereof.

3. (1) Any provision contained in the Principal Warrant which states a charge for any inland service shall be interpreted as stating the maximum charge which An Post may apply to such service.

(2) Nothing contained in the Principal Warrant shall be interpreted so as to prevent An Post from applying less than the maximum charge in relation to an inland service.

(3) Subject to this Scheme, the charge to be applied by An Post in relation to the provision of an inland service shall be the maximum charge as stated in the Principal Warrant, unless otherwise determined by An Post.

4. (1) Any condition, term, standard or requirement contained in the Principal Warrant which affects or relates either to

(i) the eligibility, whether as to quality or otherwise, of a postal packet to be included in an inland service, or

(ii) the eligibility or entitlement of a person to use, avail of or benefit from an inland service,

may be waived, dispensed with or varied by An Post in any individual case and as regards any person, or generally from time to time, provided that such waiver, dispensation or variation

( a ) is not likely to cause an overall loss to An Post and

( b ) would or is calculated to increase the use of an inland service by any person or group or class of persons.

(2) For the purpose of this Regulation, the expression "postal packet" bears the same meaning as that which is assigned to it by the Post Office Act, 1908, and includes anything which would be a postal packet but for the absence of a cover or an address.

5. In addition but without prejudice to Regulation 63 of the Principal Warrant, An Post may, in its absolute discretion and in any case in which it may consider it just, reasonable or advantageous to do so, refund to any person a charge which is paid to it in relation to an inland service and may attach such conditions to such refund as it deems appropriate.

6. (1) Regulation 9 and Regulation 38 (2) of the Principal Warrant are hereby repealed.

(2) Regulation 4 and Regulation 5 of the Inland Post Amendment (No. 32) Scheme, 1985 ( S.I. No. 141 of 1985 ), are hereby repealed.

(3) Any charge payable in respect of an inland service must be prepaid unless An Post and the person liable to such charge have otherwise arranged.

GIVEN under the Common Seal of An Post this 28th day of December, 1989.

PRESENT when the Common Seal of An Post was affixed hereto:

G. HARVEY

Director.

J. TREACY

Secretary.

EXPLANATORY NOTE.

This scheme applies to the Inland Post service and comes into operation on the 1st day of January, 1990. It authorises the variation by An Post of prices and conditions relating to postal services within certain limits.