S.I. No. 588/2009 - Inland Post Amendment (No. 80) Scheme 2009.

S.I. No. 588 of 2009

INLAND POST AMENDMENT (No. 80) SCHEME

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of19th January, 2010.

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) as amended by Regulation 8(4) of the European Communities (Postal Services) Regulations 2002 ( S.I. No. 616 of 2002 ) hereby makes the following Scheme:

1. This Scheme may be cited as the Inland Post Amendment (No. 80) Scheme 2009.

2. This Scheme shall be operative from the 1st January 2010.

3. In this Scheme

“the Principal Warrant” means the Inland Post Warrant 1939 ( S.I. No. 202 of 1939 ) as amended.

“No. 61 Scheme” means the Inland Post Amendment (No. 61) Scheme 1999.

4. Words defined in the Principal Warrant shall have the same meaning in this Scheme.

5. Regulation 4 of the Principal Warrant is hereby amended by the substitution for the words therein contained of the words:

“(1) Except where it is in this Warrant otherwise expressly provided, the provisions of this Warrant shall apply to the posting, conveyance, delivery or sortation of postal packets under the authority of An Post. The posting of a postal packet shall be deemed to occur when it first comes into the possession or control of An Post.

(2) The provisions of this Warrant shall not apply to postal packets

(a) posted in Ireland and addressed to a place outside Ireland or Northern Ireland.

(b) Subject to charges determined in accordance with another Warrant.

(c) sent from a country which is a Member State of the Universal Postal Union and not a Member State of the European Union or the European Economic Area or Switzerland and to which charges calculated in accordance with the Conventions of the Universal Postal Union apply.”

6. Regulation 5 of the Principal Warrant is hereby amended by the addition of the following paragraph (7):

“There shall be charged and payable for the conveyance of postal packets in respect of which there is no agreement with An Post whereby the charges are determined and which

(a) are posted in a consignment weighing not less than 40kg,

(b) do not bear a postage stamp issued by An Post, a franking impression to denote prepayment of postage pursuant to regulation 3(1) of the No. 61 Scheme or a Ceadunas,

(c) comply with the terms and conditions set out in Schedule 9,

charges calculated in accordance with Schedule 9.

All Postal packets posted at the same place on the same day shall be deemed to form part of the same consignment. For the avoidance of doubt a Convention of the Universal Postal Union is not an agreement by which charges are determined for the purposes of this paragraph.”

7. The Principal Warrant is hereby amended by the addition of the Schedule to this Scheme to the Principal Warrant.

SCHEDULE SCHEDULE 9

1. Postal packets to which this Schedule applies shall either be machineable postal packets to which the charges in Table A apply or other postal packets to which the charges in Table B apply.

2. An Post may determine the number of postal packets falling within each description of postal packet and each weight step set out in Table A or Table B by sampling or counting postal packets. The charge for postal packets shall be the sum of the number of postal packets of each description in each weight step as determined by sampling or counting multiplied by the charges respectively payable for postal packets of that description and weight step. Costs incurred in determining the number of postal packets shall be chargeable in addition to charges under Table A or B.

3. An Post may require the consignor (whether or not it is the sender) of postal packets to which Regulation 5(7) applies to pay such amount, as it may prescribe from time to time, by way of security for charges payable. An Post may refuse or return at its reasonable convenience postal packets if the amount so prescribed is not paid to An Post.

4. An Post may, on such terms as it may prescribe, invoice the consignor (whether or not it is the sender) in arrears by issuing an invoice for postal packets posted in a month at any time after the end of that month.

5. If an invoice is not paid within 30 days of issue by An Post, An Post shall be entitled to interest on the amount outstanding at the rate specified in Regulation 5 of the European Communities (Late Payment in Commercial Transactions) Regulations 2002 for the period beginning on the day after the issue of the invoice and ending on the day on which the payment of the amount due is made.

TABLE A

Machinable Postal Packets

Machinable postal packets are postal packets which are capable of being processed by An Post’s automated sorting equipment. 85% of the postal packets have addresses that are capable of being sorted to destination by An Post’s automated equipment without manual intervention and all bear indicia acceptable to An Post.

For the purposes of this table:

1. A “POP Letter” is a postal packet with the following dimensions:

Minimum dimensions:

90mm x 140mm x 0.18mm.

Maximum dimensions:

162mm x 230mm x 5mm.

2. A “Flat” is a postal packet with the following dimensions:

Minimum dimensions:

160mm x 250mm x 0.75mm.

Maximum dimensions:

250 mm x 350 mm x 18mm.

3. “Auto-sort” means sortation by An Post’s automated sorting equipment.

TABLE B

All Other Postal Packets

The postal packets to which this table applies shall bear indicia acceptable to An Post.

For the purposes of this table:

1. A “POP Letter” is a postal packet with the following dimensions:

Minimum dimensions:

90mm x 140mm x 0.18mm.

Maximum dimensions:

162mm x 235mm x 5mm.

2. A “Flat” is a postal packet with the following dimensions:

Save insofar as an item falls within the dimensions specified at 1 above:

Minimum dimensions:

90mm x 140mm x 0.15mm.

Maximum dimensions:

300 mm x 400 mm x 25mm.

3. A “Packet” is a postal packet with the following dimensions:

Save insofar as an item falls within the dimensions specified at 1 or 2:

Minimum dimensions:

70mm x 100mm x 25mm

Maximum dimensions:

Length, width and depth combined cannot exceed 900 mm. No one dimension can exceed 600mm (In roll form: length and twice diameter: 1040mm, greatest dimension not exceeding 900mm) with a tolerance of 2mm.

4. “Pre-sorted” means items pre-sorted according to the required pre-sort specifications supplied from time to time by An Post.

GIVEN under the Common Seal of An Post this 22nd day of December 2009.

Present when the Common Seal of An Post was affixed hereto.

DONAL CONNELL,

Director

MICHAEL TYNDELL

Director/Secretary

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation).

This Scheme extends the scope of the Inland Post Warrant 1939 to include incoming cross border mail, allows An Post to determine charges by sampling and sets prices for such mail where there is no agreement with the sender.