S.I. No. 367/1989 - Foreign Post Amendment (No. 32) Scheme, 1989

S.I. No. 367 of 1989.

FOREIGN POST AMENDMENT (NO. 32) 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 Foreign Post Amendment (No. 32) 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.

"foreign service" means any service to which the Principal Warrant applies.

"the Principal Warrant" means the Foreign Post Warrant, 1949 ( S.I. No. 26 of 1949 ), and includes any amendment thereto and any warrant, scheme or regulation relating to a foreign 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 foreign 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 a foreign service.

(3) Subject to this Scheme, the charge to be applied by An Post in relation to the provision of a foreign 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 a foreign service, or

(ii) the eligibility or entitlement of a person to use, avail of or benefit from a foreign 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 a foreign 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 Principal Warrant, 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 Inland Post Warrant, 1939 ( S.R. & O. No. 202 of 1939 ), as it may apply to a foreign service by virtue of Regulation 58 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 a foreign service and may attach such conditions to such refund as it deems appropriate.

6. Notwithstanding anything contained in the Principal Warrant, any charge payable in respect of a foreign 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 Foreign 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.