Postal and Telecommunications Services Act, 1983

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Number 24 of 1983

POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

PART II

Establishment of An Post and Bord Telecom Éireann

PART III

Provisions Applicable to Both Companies

PART IV

The Postal Company

PART V

The Telecommunications Company

PART VI

Post Office Savings Bank and other Savings Services

PART VII

Functions of Minister for Posts and Telegraphs

FIRST SCHEDULE

Election of Certain Directors

Part I

Employee Directors

Part II

Postmaster Director of An Post

SECOND SCHEDULE

Provisions Relating to Compulsory Acquisition

THIRD SCHEDULE

Repeal and Revocation of Enactments

FOURTH SCHEDULE

Consequential Amendment of Enactments

Number 24 of 1983

POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983

AN ACT TO PROVIDE FOR THE REORGANISATION OF THE POSTAL AND TELECOMMUNICATIONS SERVICES, TO CONSTITUTE AUTHORITIES FOR THAT PURPOSE AND TO MAKE PROVISION FOR THE ASSIGNMENT TO THOSE AUTHORITIES OF FUNCTIONS HERETOFORE EXERCISED BY THE MINISTER FOR POSTS AND TELEGRAPHS; TO REPEAL, AMEND OR ADAPT ENACTMENTS RELATING TO THE POSTAL AND TELECOMMUNICATIONS SERVICES AND THE SAVINGS BANKS AND TO MAKE OTHER PROVISIONS IN RELATION TO THE MATTERS AFORESAID. [13th July, 1983]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General

Short title.

1.—This Act may be cited as the Postal and Telecommunications Services Act, 1983.

Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“company” means the postal company or the telecommunications company, as the case may require;

“the Companies Acts” means the Companies Act, 1963 , and the Acts which by virtue of any enactment are to be construed with it as one Act;

“functions” includes powers and duties;

“Minister” means the Minister for Posts and Telegraphs;

“postal company” means the company referred to in section 10 (1) (a);

“recognised trade unions and staff associations” means trade unions and staff associations recognised by the company for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions, of employees;

“recognised unions and associations” means unions and associations recognised by the postal company for the purpose of negotiations which are concerned with the contracts entered into by the company with postmasters;

“State authority” means an authority being—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) the Irish Land Commission;

“telecommunications company” means the company referred to in section 10 (1) (b);

“vesting day” means the day appointed under section 9 (2) to be the vesting day.

(2) Any word or expression to which a particular meaning is assigned by the Post Office Acts, 1908 to 1951, the Post Office Savings Bank Acts, 1861 to 1958, or the Telegraph Acts, 1863 to 1916, has in this Act, except where the context otherwise requires, the meaning so assigned.

(3) A reference in this Act to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended.

(4) A reference in this Act to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(5) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.

(6) Where any function of either company is, under the memorandum of association of a subsidiary (within the meaning of section 155 of the Companies Act, 1963 ) of that company, a function of the subsidiary every provision of this Act or any other enactment relating to the company shall, in respect of that function, apply to the subsidiary as it applies to the company.

Laying of orders and regulations before Houses of Oireachtas.

3.—Every order (other than an order under paragraph 2 of the Second Schedule ) and every regulation made by the Minister, the Minister for Finance or the Minister for Trade, Commerce and Tourism under this Act or made by the postal company under section 84 or by the telecommunications company under section 98 shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Penalties.

4.—(1) A person guilty of an offence under—

(a) section 45 of the Telegraph Act, 1863,

(b) section 6 of the Telegraph Act, 1869,

(c) section 11 of the Post Office (Protection) Act, 1884 ,

(d) section 53A (inserted by the Fourth Schedule ) or 62 of the Post Office Act, 1908 ,

(e) section 13 of the Post Office (Amendment) Act, 1951 , or

(f) section 37 , 63 , 84 , 87 , 98 or 99 of this Act,

shall be liable—

(i) on summary conviction, to a fine not exceeding £800 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both the fine and the imprisonment, or

(ii) on conviction on indictment, to a fine not exceeding £50,000 or, at the discretion of the court, to imprisonment for a term not exceeding 5 years or to both the fine and the imprisonment.

(2) On conviction of a person on indictment for an offence to which subsection (1) relates the court may, in addition to any other penalty, order any apparatus, equipment or other thing used to commit the offence to be forfeited.

(3) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence to which subsection (1) relates as if, in lieu of the penalties provided for in subsection (3) of the said section, there were specified therein the penalties provided for in subsection (1) (i) of this section, and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.

(4) Where an offence to which subsection (1) relates is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager, or secretary of such body, that person or the person so acting, as the case may be, shall also be guilty of that offence.

Proceedings.

5.—(1) Summary proceedings for an offence under section 37 may be brought and prosecuted by the postal company or the telecommunications company, as the case may require.

(2) Summary proceedings for an offence under section 63 or 84 may be brought and prosecuted by the postal company.

(3) Summary proceedings for an offence under section 87 , 98 (1), 98 (3) or 99 may be brought and prosecuted by the telecommunications company.

(4) Summary proceedings for an offence under—

(a) the Railways (Conveyance of Mails) Act, 1838 ,

(b) the Stamp Act, 1891,

(c) the Stamp Duties Management Act, 1891,

(d) the Post Office Savings Bank Acts, 1861 to 1958,

(e) the Forgery Act, 1913,

(f) the Misuse of Drugs Act, 1977 ,

(g) the Post Office Acts, 1908 to 1951,

in relation to any function of the postal company may be brought and prosecuted by the postal company.

(5) Summary proceedings for an offence under—

(a) the Telegraph Acts, 1863 to 1916,

(b) the Post Office (Protection) Act, 1884 ,

(c) the Post Office Acts, 1908 to 1951,

in relation to any function of the telecommunications company may be brought and prosecuted by the telecommunications company.

(6) Summary proceedings may be brought and prosecuted by the Minister for an offence under section 6 of the Telegraph Act, 1869, or under section 37 , 63 , 84 , 87 or 98 of this Act.

(7) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence to which any provision of this Act relates may be instituted within 12 months from the date of the offence.

Expenses.

6.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals and revocations.

7.—The enactments specified in the Third Schedule are hereby repealed or revoked with effect from the vesting day to the extent specified in the third column.

Consequential amendment of enactments.

8.—(1) Every enactment mentioned in the Fourth Schedule shall, on and after the vesting day, have effect as amended in the third column and shall be construed accordingly.

(2) The Minister may, for the purpose of giving full effect to the assignment of functions under this Act to either company, by order adapt any enactment with the consent of any other Minister responsible for the administration of that enactment.

PART II

Establishment of an Post and Bord Telecom Éireann

Formation of companies.

9.—(1) The Minister, after consultation with the Minister for Finance, shall cause two limited companies conforming to the conditions laid down in this Act to be formed and registered under the Companies Acts.

(2) The Minister shall by order appoint a day to be the vesting day for each of the two companies as soon as practicable after the companies have been registered.

Names and capital formation of companies.

10.—(1) The names of the companies shall be, respectively—

(a) An Post or, in the English language, The Post Office, and

(b) Bord Telecom Éireann or, in the English language, The Irish Telecommunications Board.

(2) Each company shall be exempt from the requirement of section 6 (1) (a) of the Companies Act, 1963 , to include the word “limited” or “teoranta” in its title.

(3) (a) Subject to paragraph (c), the authorised share capital of An Post shall be an amount not exceeding the total of the following—

(i) the value of the property to be transferred to the company on the vesting day under sections 40 and 41 ,

(ii) the amount of money which may be made available to the company under section 29 (1) to finance capital works, and

(iii) the amount of working capital to be made available to the company under section 31 ,

divided into shares of one pound each.

(b) Subject to paragraph (c), the authorised share capital of Bord Telecom Éireann shall be an amount not exceeding the total of the following—

(i) the value of the property to be transferred to the company on the vesting day under sections 40 and 41 , less the amount by which sums issued by the Minister for Finance under the Telecommunications Capital Acts, 1924 to 1981, which have not been repaid before that day exceed the sum of £355,000,000 plus the amount of the outstanding liability of the Minister to Irish Telecommunications Investments Limited immediately before the vesting day, and

(ii) the amount of working capital to be made available to the company under section 31 ,

divided into shares of one pound each.

(c) The totals obtained under paragraphs (a) and (b) shall, if required, be rounded upwards to the nearest £500,000 or £1,000,000, as the case may be.

(d) Each company may, with the consent of the Minister and the Minister for Finance, divide the shares in its share capital into several classes and attach thereto respectively any preferential, deferred, qualified or special rights, privileges or conditions.

Form of memorandum of association.

11.—The memorandum of association of each company shall be in such form consistent with this Act as may be approved of by the Minister with the consent of the Minister for Finance.

Principal objects of postal company.

12.—(1) The principal objects of the postal company shall be stated in its memorandum of association to be—

(a) to provide a national postal service within the State and between the State and places outside the State,

(b) to meet the industrial, commercial, social and household needs of the State for comprehensive and efficient postal services and, so far as the company considers reasonably practicable, to satisfy all reasonable demands for such services throughout the State,

(c) to provide services by which money may be remitted (whether by means of money orders, postal orders or otherwise) as the company thinks fit,

(d) to provide counter services for the company's own and Government business and, provided that they are compatible with those services and with the other principal objects set out in this subsection, for others as the company thinks fit, and

(e) to provide such consultancy, advisory, training and contract services inside and outside the State as the company thinks fit.

(2) Nothing in this section shall prevent or restrict the inclusion among the objects of the company as stated in its memorandum of association of all such objects and powers as are reasonably necessary or proper for or incidental or ancillary to the due attainment of the principal objects aforesaid and are not inconsistent with this Act.

(3) The company shall have power to do anything which appears to it to be requisite, advantageous or incidental to, or which appears to it to facilitate, either directly or indirectly, the performance by it of its functions as specified in this Act or in its memorandum of association and is not inconsistent with any enactment for the time being in force.

General duty of postal company.

13.—(1) It shall be the general duty of the postal company to conduct the company's affairs so as to ensure that—

(a) charges for services are kept at the minimum rates consistent with meeting approved financial targets, and

(b) revenues of the company are not less than sufficient to—

(i) meet all charges properly chargeable to revenue account (including depreciation of assets and proper allocation to general reserve) taking one year with another,

(ii) generate a reasonable proportion of capital needs, and

(iii) remunerate capital and repay borrowings.

(2) Nothing in section 12 or this section shall be construed as imposing on the company, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.

Principal objects of telecommunications company.

14.—(1) The principal objects of the telecommunications company shall be stated in its memorandum of association to be—

(a) to provide a national telecommunications service within the State and between the State and places outside the State,

(b) to meet the industrial, commercial, social and household needs of the State for comprehensive and efficient telecommunications services and, so far as the company considers reasonably practicable, to satisfy all reasonable demands for such services throughout the State, and

(c) to provide such consultancy, advisory, training and contract services inside and outside the State as the company thinks fit.

(2) Nothing in this section shall prevent or restrict the inclusion among the objects of the company as stated in its memorandum of association of all such objects and powers as are reasonably necessary or proper for or incidental or ancillary to the due attainment of the principal objects aforesaid and are not inconsistent with this Act.

(3) The company shall have power to do anything which appears to it to be requisite, advantageous or incidental to, or which appears to it to facilitate, either directly or indirectly, the performance by it of its functions as specified in this Act or in its memorandum of association and is not inconsistent with any enactment for the time being in force.

General duty of telecommunications company.

15.—(1) It shall be the general duty of the telecommunications company to conduct the company's affairs so as to ensure that—

(a) charges for services are kept at the minimum rates consistent with meeting approved financial targets, and

(b) revenues of the company are not less than sufficient to—

(i) meet all charges properly chargeable to revenue account (including depreciation of assets and proper allocation to general reserve) taking one year with another,

(ii) generate a reasonable proportion of capital needs, and

(iii) remunerate capital and repay borrowings.

(2) Nothing in section 14 or this section shall be construed as imposing on the company, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.

Articles of association.

16.—(1) The articles of association of each company shall be in such form consistent with this Act as may be approved of by the Minister with the consent of the Minister for Finance and, where appropriate, the consent of the Minister for the Public Service.

(2) The articles of association of each company shall provide that—

(a) the number of directors (including the chairman) shall be at least 12 or such greater number as the Minister with the consent of the Minister for Finance may determine from time to time;

(b) the chairman and other directors shall be appointed and may be removed from office by the Minister with the consent of the Minister for Finance;

(c) the remuneration of the chairman and other directors shall be determined by the Minister with the consent of the Minister for the Public Service;

(d) no person shall be appointed as auditor of the company without the approval of the Minister given with the consent of the Minister for Finance;

(e) the company shall, in consultation and agreement with recognised trade unions and staff associations, set up machinery for the purposes of negotiations concerned with the pay and conditions of service of its staff;

(f) the company shall not invest in any other undertaking without the approval of the Minister given with the consent of the Minister for Finance.

(3) The articles of association of the postal company shall provide that the company shall, in consultation and agreement with recognised unions and associations, set up machinery for the purposes of negotiations concerning the remuneration and other contractual conditions of postmasters.

Restriction on alteration of memorandum or articles of association.

17.—Notwithstanding anything contained in the Companies Acts, no alteration in the memorandum of association or articles of association of either company shall be valid or effectual unless made with the prior approval of the Minister given with the consent of the Minister for Finance and, where appropriate, the consent of the Minister for the Public Service. Any proposed alteration shall be notified by the company to recognised trade unions and staff associations and recognised unions and associations.

Issue of shares to the Minister in consideration of transfer of property.

18.—(1) The postal company shall issue shares to the Minister to the value of the property transferred to it on the vesting day in accordance with sections 40 and 41 .

(2) The telecommunications company shall issue shares to the Minister to the value of the property transferred to it on the vesting day in accordance with sections 40 and 41 , less the amount by which sums issued by the Minister for Finance under the Telecommunications Capital Acts, 1924 to 1981, which have not been repaid before that day exceed the sum of £355,000,000 plus the amount of the outstanding liability of the Minister to Irish Telecommunications Investments Limited immediately before the vesting day.

(3) The Minister, with the consent of the Minister for Finance and following consultation with the company concerned, shall issue as soon as possible after the vesting day a certificate certifying the sum which in his opinion represents the value of the property transferred to the company.

(4) Each company, after receipt of the certificate, shall issue to the Minister without payment by him fully paid-up shares of the company equal in nominal value to the sum so certified in respect of that company subject, in the case of the telecommunications company, to the adjustment of that sum as provided in subsection (2).

Issue of shares to Minister for Finance.

19.—(1) The postal company shall issue to the Minister for Finance one share of one pound in the share capital of the company.

(2) The telecommunications company shall issue to the Minister for Finance one share of one pound in the share capital of the company.

(3) Subject to subsection (4), the Minister for Finance may exercise in respect of his share in the share capital of each company all the rights and powers of a holder of such shares and, where a right or power is exercisable by attorney, exercise it by his attorney.

(4) The Minister for Finance shall not transfer or alienate his share in the share capital of either company.

Issue of shares to subscribers to memorandum of association of each company.

20.—(1) One share in the share capital of the postal company shall be allotted to each of the subscribers to the memorandum of association of that company.

(2) One share in the share capital of the telecommunications company shall be allotted to each of the subscribers to the memorandum of association of that company.

(3) The cost of such shares shall be advanced to the subscribers out of the Central Fund or the growing produce thereof.

Restriction on issue of share capital.

21.—No issue of share capital shall be made other than those referred to in sections 18 , 19 , 20 , 29 and 31 .

Acquisition of shares and exercise of powers by the Minister.

22.—(1) The Minister may take up by subscription shares in each company.

(2) The Minister may, subject to this Act, exercise in respect of the shares of each company held by him all the rights and powers of a holder of such shares and, where a right or power is exercisable by attorney, exercise it by his attorney.

Transfer by Minister of shares.

23.—(1) The Minister may, from time to time as occasion requires for the purpose of compliance with so much of the Companies Acts as requires that there shall always be at least two members of each company, transfer to any person one of his shares in such company.

(2) Save as authorised by subsection (1), the Minister shall not transfer or alienate any of his shares in either company.

Provision of money for share subscriptions.

24.—(1) All money required by the Minister to meet payments required to be made by him in respect of shares taken up by him shall be advanced to him by the Minister for Finance out of the Central Fund or the growing produce thereof.

(2) The Minister for Finance shall have power to borrow money or to create and issue securities for the purpose of subsection (1) and shall pay all money so borrowed into the Exchequer.

(3) The principal of and interest on any securities issued under this section shall be a charge on the Central Fund or the growing produce thereof.

Obligation of shareholder (other than the Minister) to hold share in trust.

25.—(1) A member of either company (other than the Minister) shall hold his share in the company issued under section 20 in trust for the Minister and shall accordingly be bound to pay all dividends and other money which he receives in respect of the share to the Minister for the benefit of the Exchequer and to transfer, as and when required by the Minister, the share to the Minister or a person nominated in that behalf by the Minister.

(2) Save when required pursuant to subsection (1), such member shall not transfer or alienate his share.

Payment of dividends, etc., into Exchequer.

26.—(1) All amounts representing dividends or other money received by the Minister in respect of shares of either company shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(2) All amounts representing dividends or other money received by the Minister for Finance in respect of his share in the share capital of either company and all amounts representing repayment of or interest on loans received or recovered by him from either company shall be paid into or disposed of for the benefit of the Exchequer in such manner as he may direct.

Power to borrow.

27.—(1) (a) Each company may, by means of the issue of debentures or otherwise, borrow money (including money in a currency other than the currency of the State) for capital purposes including working capital but, where a borrowing is not from the Minister for Finance, it shall require the consent of the Minister and the Minister for Finance.

(b) The aggregate at any one time of borrowings by the postal company under paragraph (a) shall not exceed £58,500,000.

(c) The aggregate at any one time of borrowings by the telecommunications company under paragraph (a) shall not exceed £1,400,000,000.

(d) For the purposes of this subsection moneys borrowed in a currency other than the currency of the State shall be deemed to be the equivalent in the currency of the State of the actual moneys borrowed, such equivalent being calculated according to the rate of exchange at the time of the borrowing for that currency and the currency of the State.

(2) Each company may borrow money (including money in a currency other than the currency of the State) temporarily but the aggregate at any one time of such borrowing shall not exceed such amount as has been approved by the Minister with the consent of the Minister for Finance.

(3) (a) Without prejudice to section 2 (6), references in subsections (1) and (2) to either company include references to a subsidiary (within the meaning of section 155 of the Companies Act, 1963 ) of that company.

(b) Where either company and a subsidiary thereof have at any one time borrowings under this section, the limits on borrowings provided for apply to the aggregate at any one time of borrowings by the company concerned and the subsidiary and, in the case of subsections (1) (c) and (2), borrowings before the vesting day by Irish Telecommunications Investments Limited.

Guaranteeing by Minister for Finance of borrowings.

28.—(1) The Minister for Finance, after consultation with the Minister, may guarantee, in such form and manner and in such money (including money in a currency other than the currency of the State) and on such terms and conditions as he thinks fit, the due repayment by either company of the principal of any money borrowed by that company or the due payment of instalments or other amounts of money owed by the company under a contract entered into by the company or the payment of interest on any money, instalment or amount or both the repayment of principal or payment of such instalments or amounts, as the case may be, and payment of the interest, and any such guarantee may include a guarantee of payment of commission and incidental expenses arising in connection with such borrowings or such contract.

(2) The Minister for Finance shall not so exercise the powers conferred on him by this section that the amount, or the aggregate amount, of money which he may at any one time be liable to pay on foot of any guarantee or guarantees under this section for the time being in force, together with the amount of money (if any) which he has previously paid on foot of any guarantee under this section and which has not been repaid by the company, exceeds—

(a) £8,500,000 in the case of the postal company, or

(b) £1,400,000,000 in the case of the telecommunications company.

(3) For the purpose of calculating the amount of borrowings or instalments or other money guaranteed by the Minister for Finance under this section by reference to the limit on money in subsection (2), the equivalent in the currency of the State of borrowings or instalments or other money in a foreign currency shall be calculated at the exchange rate prevailing at the time of the giving of the guarantee.

(4) Where a guarantee under this section is or has been given, the company shall, if the Minister for Finance so requires, give to him such security (including, in particular, debentures) as may be specified in the requirement for the purposes of securing to the said Minister the repayment of any money which he may be liable to pay or has paid under the guarantee.

(5) The Minister for Finance shall, as soon as may be after the expiration of every financial year, lay before each House of the Oireachtas a statement setting out with respect to each guarantee under this section given during that year or given at any time before, and in force at, the commencement of that year—

(a) particulars of the guarantee,

(b) in case any payment has been made by him under the guarantee before the end of that year, the amount of the payment and the amount (if any) repaid to him on foot of the payment,

(c) the amount of money covered by the guarantee which was outstanding at the end of that year.

(6) Money paid by the Minister for Finance under a guarantee under this section shall be repaid to him (with interest thereon at such rate or rates as he appoints) by the company within two years from the date of payment by the said Minister.

(7) Where the whole or any part of the money required by subsection (6) to be repaid to the Minister for Finance has not been repaid in accordance with that subsection, the amount so remaining outstanding shall be repaid to the Central Fund out of moneys provided by the Oireachtas.

(8) Notwithstanding the provision of money under subsection (7) to repay the amount to the Central Fund, the company shall remain liable to the Minister for Finance in respect of that amount and that amount (with interest thereon at such rate or rates as the said Minister appoints) shall be repaid to the said Minister by the company at such times and in such instalments as he appoints and, in default of repayment as aforesaid and without prejudice to any other method of recovery, shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(9) In relation to a guarantee under this section in money in a currency other than the currency of the State—

(a) each of the references to principal, each of the references to instalments or other amounts of money, each of the references to interest and the reference to commission and incidental expenses in subsection (1) shall be taken as referring to the equivalent in the currency of the State of the actual principal, the actual instalments or other amounts of money, the actual interest or the actual commission and incidental expenses, as may be appropriate;

(b) the reference to the amount of money in subsection (5) (c) shall be taken as referring to the equivalent in the currency of the State of the actual amount of money, such equivalent being calculated according to the rate of exchange for the time being for that currency and the currency of the State;

(c) each of the references to money in subsections (6) to (8) shall be taken as referring to the cost in the currency of the State of the actual money.

(10) (a) Without prejudice to section 2 (6), references in this section to either company include references to a subsidiary (within the meaning of section 155 of the Companies Act, 1963 ) of that company.

(b) Where there are in force at any one time guarantees under or by virtue of this section in respect of either company and of a subsidiary thereof, the relevant limit specified in subsection (2) shall apply to the aggregate of the amounts which the Minister for Finance is at any one time liable to pay under such guarantees.

(11) (a) Notwithstanding the repeal of the Irish Telecommunications Investments Limited Act, 1981 , all guarantees given under that Act before the vesting day by the Minister for Finance of borrowings or of payment of instalments or other amounts of money by Irish Telecommunications Investments Limited shall continue in force as if they were given by him under this section.

(b) This subsection is without prejudice to section 21 of the Interpretation Act, 1937 .

Financing of capital works and grants for current expenditure.

29.—(1) (a) The Minister for Finance, after consultation with the Minister, may make available to the postal company a sum not exceeding £50,000,000 to finance capital works.

(b) Such sum may be made available either—

(i) by way of loans on such terms as to repayment, interest and other matters as may be determined by the Minister for Finance, or

(ii) by way of purchase of shares in the company (such shares to be issued to the Minister), or

(iii) by way of both such loans and purchase.

(2) During the period of three years from the vesting day, the Minister for Finance, after consultation with the Minister, may make available to the postal company grants of an amount not exceeding £20,000,000 for current expenditure.

Provision of money for payments out of Central Fund.

30.—(1) All money from time to time required by the Minister for Finance to meet sums which may become payable by him under section 28 or 29 shall be advanced out of the Central Fund or the growing produce thereof.

(2) The Minister for Finance may, for the purpose of providing for advances out of the Central Fund under this section, borrow on the security of the Central Fund or the growing produce thereof any sums required for the purpose and, for the purpose of such borrowing, he may create and issue securities bearing interest at such rate and subject to such conditions as to repayment, redemption or any other matter as he thinks fit, and shall pay all sums so borrowed into the Exchequer.

(3) The principal of and interest on all securities issued under this section and the expenses incurred in connection with the issue of the securities shall be charged on and payable out of the Central Fund or the growing produce thereof.

Provision of working capital for each company.

31.—(1) The Minister for Finance shall make available as working capital—

(a) to the postal company, an amount not exceeding £10,000,000, and

(b) to the telecommunications company, an amount not exceeding £150,000,000.

(2) Liabilities of the Minister and the companies under sections 85 , 93 and 101 may, subject to the approval of the Minister and the Minister for Finance, be discharged by due account being taken of them, along with other properly reckonable amounts, in the calculation of the working capital to be made available to the companies under subsection (1).

(3) Each company shall issue to the Minister shares to the value of the working capital made available to it under subsection (1).

(4) Money required to be paid by the Minister for Finance under this section shall be advanced out of the Central Fund or the growing produce thereof.

Accounts and audits.

32.—(1) Each company shall keep, in such form as may be approved of by the Minister with the consent of the Minister for Finance, all proper and usual accounts of all money received by or expended by it, including a profit and loss account and a balance sheet, and, in particular, shall keep in such from as aforesaid all such special accounts as the Minister may from time to time direct.

(2) Accounts kept in pursuance of this section shall be submitted annually by the company to an auditor for audit and, immediately after the audit, a copy of the profit and loss account and of the balance sheet and of such other (if any) of the accounts as the Minister may direct and a copy of the auditor's report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.

Annual report and furnishing of information to Minister.

33.—(1) As soon as may be after the end of each accounting year, each company shall make a report to the Minister of its activities during that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) After such period as the Minister may determine, every annual report shall include information, in such form as the Minister may direct after consultation with the company and with the consent of the Minister for Finance, regarding the cost-effectiveness of the operations of the company.

(3) Each company shall, if so required by the Minister, furnish to him such information as he may require in respect of any balance sheet, account or report of the company or in relation to the policy and operations of the company other than day-to-operations.

Employee directors.

34.—(1) The Minister shall, as respects each company, appoint to be a director of the company each employee of the company who is elected in accordance with this section. The number to be elected at any such election shall be one-third of the number of directors provided for by the articles of association of the company for the time being.

(2) An appointment under this section shall be in writing and shall specify the day on and from which and the period during which it is to have effect, which period shall be determined by the Minister.

(3) The term of office of a director of a company who is appointed under this section shall, unless he sooner dies, resigns, leaves the employment of the company, becomes disqualified or is removed from office, terminate on the expiration of the period for which he was appointed.

(4) The Minister may appoint an employee of the company eligible to be nominated as a candidate at an election under this section to fill a casual vacancy arising by reason of an event mentioned in subsection (3) for the remainder of the term of office of the director whose vacancy is to be filled.

(5) A director of a company appointed under this section shall, subject to this section, be eligible for nomination as a candidate and for election at an election for the purposes of this section.

(6) An election for the purposes of this section shall be held within 12 months after the vesting day or such longer period as may be agreed between the company and recognised trade unions and staff associations and in each third year thereafter.

(7) Part I of the First Schedule shall apply for the purposes of an election under this section.

(8) (a) The Minister shall appoint to be a director of the postal company the person who was appointed by him on the nomination of staff organisations as a member of the Interim Board for Posts (An Bord Poist), which was established by the Minister before the passing of this Act, if such person is—

(i) appointed to be a member of the Interim Postal Board under section 50 , and

(ii) is a member of that Board immediately before the vesting day.

(b) The Minister shall appoint to be a director of the telecommunications company each person who was appointed by him on the nomination of staff organisations as a member of the Interim Board for Telecommunications (An Bord Telecom), which was established by the Minister before the passing of this Act, if such person is—

(i) appointed to be a member of the Interim Telecommunications Board under section 50 , and

(ii) is a member of that Board immediately before the vesting day.

(c) The term of office of any director appointed under paragraph (a) or (b) shall begin on the vesting day, may be terminated by the Minister and shall, at the latest, cease on the day on which directors are appointed after elections under this section.

Remuneration, etc., of directors appointed under section 34 .

35.—(1) Where any allowance payable to a director of either company is being determined by the company, the company shall not have regard to the fact that the director was, or was not, as the case may be, appointed under section 34 .

(2) A person who is appointed under section 34 to be a director of a company and whose duties as such director are not whole time shall not suffer any reduction in the remuneration or allowance which, as an employee of the company, he would, if he were not such a director, normally expect to receive.

Disclosure by directors of certain interests.

36.—(1) Where at a meeting of the directors of either company any of the following matters arises, namely—

(a) an arrangement to which the company is a party or a proposed such arrangement, or

(b) a contract or other agreement with the company or a proposed such contract or other agreement,

then any director of the company present at the meeting who otherwise than in his capacity as such a director is in any way, whether directly or indirectly, interested in the matter shall at the meeting disclose to the company the fact of such interest and the nature thereof and shall not vote on a decision relating to the matter and, where an interest is disclosed pursuant to this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the director by whom the disclosure is made shall not be counted in the quorum for the meeting.

(2) Where at a meeting of the directors of either company a question arises as to whether or not a course of conduct, if pursued by a director of the company, would be a failure by him to comply with the requirements of subsection (1), the question may be determined by the chairman of the meeting whose decision shall be final and where such a question is so determined particulars of the determination shall be recorded in the minutes of the meeting.

(3) Section 194 of the Companies Act, 1963 , shall not apply to a director of either company.

Prohibition on unauthorised disclosure of information.

37.—(1) A person shall not disclose confidential information obtained by him while performing duties as a director or member of staff of, or an adviser or consultant to, the postal company or the telecommunications company or as a postmaster unless he is duly authorised to do so.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

(3) In this section—

“confidential” means that which is expressed to be confidential either as regards particular information or as regards information of a particular class or description;

“duly authorised” means authorised by the company or by some person authorised in that behalf by the company.

Membership of House of Oireachtas or European Assembly.

38.—(1) Where a director of either company is nominated as a member of Seanad Éireann or as a candidate for election to either House of the Oireachtas or to the Assembly of the European Communities or is appointed to such Assembly, he shall thereupon cease to be a director of the company.

(2) Where a person who is an officer or servant of either company is nominated as a member of Seanad Éireann or as a candidate for election to either House of the Oireachtas or to the Assembly of the European Communities or is appointed to such Assembly, he shall stand seconded from employment by the company and shall not be paid by, or be entitled to receive from, the company any remuneration or allowances—

(a) in case he is nominated as a member of Seanad Éireann or is appointed to such Assembly, in respect of the period commencing on such nomination or appointment, as the case may be, and ending when he ceases to be a member of Seanad Éireann or such Assembly,

(b) in case he is nominated as a candidate for election to either such House or to such Assembly, in respect of the period commencing on his nomination and ending when he ceases to be a member of that House or that Assembly, as the case may be, or fails to be elected or withdraws his candidature, as may be appropriate.

(3) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the Assembly of the European Communities shall, while he is so entitled or is such a member, be disqualified from becoming a director of either company or an officer or servant of either company.

(4) subsection (2) shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in paragraph (a) or (b) of that subsection as service with either company for the purposes of any superannuation benefit.

Appointment of Chief Executives of the companies.

39.—(1) The person who on the passing of this Act is employed as Chief Executive of the Interim Board for Posts (An Bord Poist) established by the Minister before the passing of this Act shall, if so employed immediately before the establishment of the Interim Postal Board under section 50 , be the Chief Executive of that Board and shall, if so employed by that Board immediately before the vesting day, be deemed to have been appointed by the board of the postal company to be the Chief Executive of that company on the conditions on which he was so employed.

(2) The person who on the passing of this Act is employed as Chief Executive of the Interim Board for Telecommunications (An Bord Telecom) established by the Minister before the passing of this Act shall, if so employed immediately before the establishment of the Interim Telecommunications Board under section 50 , be the Chief Executive of that Board and shall, if so employed by that Board immediately before the vesting day, be deemed to have been appointed by the board of the telecommunications company to be the Chief Executive of that company on the conditions on which he was so employed.

(3) Every Chief Executive other than a Chief Executive to whom subsection (1) or (2) applies shall be appointed by the board of the company concerned.

PART III

Provisions Applicable to Both Companies

Transfer of land.

40.—(1) On the vesting day all land which, immediately before that day, was vested in the Minister and was used for the purposes of functions assigned by this Act to one company and was not used in connection with the functions assigned to the other company and all rights, powers and privileges relating to or connected with such land shall, without any conveyance or assignment, stand vested in the first-mentioned company for all the estate or interest for which immediately before the vesting day it was vested in the Minister but subject to all trusts and equities affecting the land subsisting and capable of being performed.

(2) All land vested in the Minister immediately before the vesting day and used partly in connection with functions assigned to one company and partly in connection with functions assigned to the other company and all rights, powers and privileges relating to or connected with such land shall, subject to such exceptions as may be specified by the Minister, without any conveyance or assignment, stand vested on the vesting day in the postal company for all the estate or interest for which immediately before the vesting day it was vested in the Minister but subject to all trusts and equities affecting the land subsisting and capable of being performed.

(3) The Minister may on his own initiative and shall on the application of either company issue a certificate in respect of specified land certifying, as he thinks proper, that the land vested in one or other company under this section or did not so vest in either company and the certificate shall be conclusive evidence of the facts so certified.

(4) (a) The postal company shall make appropriate arrangements with the telecommunications company for the provision of facilities to the latter company for the use of land referred to in subsection (2) which on the day immediately before the vesting day was being used in connection with the functions assigned to the telecommunications company under this Act.

(b) If the companies fail to agree on any arrangement the disagreement shall be referred to the Minister and the companies shall comply with such directions as the Minister may give them in the matter.

(5) Arrangements under subsection (4) may be made by way of lease, licence or other form of agreement at such rents or consideration and on such other terms as may be agreed between the two companies and in fixing the terms of any such agreement regard shall be had to that portion of the cost of the land which had been borne by advances under the Telecommunications Capital Acts, 1924 to 1981.

Transfer of other property.

41.—(1) On the vesting day all property other than land, including choses-in-action, which immediately before that day was the property of the Minister and was used in connection with the functions assigned by this Act to either company shall stand vested in that company without any assignment.

(2) The Minister may on his own initiative and shall on the application of either company issue a certificate in respect of specified property, certifying, as he thinks proper, that the property vested in one or other company under this section or did not so vest in either company and the certificate shall be conclusive evidence of the facts so certified.

(3) Every chose-in-action transferred by subsection (1) to a company may, after the vesting day, be sued on, recovered or enforced by the company in its own name and it shall not be necessary for the company or the Minister to give notice to the person bound by the chose-in-action of the transfer effected by that subsection.

Transfer of rights and liabilities.

42.—(1) All rights and liabilities of the Minister arising by virtue of any contract or commitment (expressed or implied) entered into by him or by the Commissioners of Public Works in Ireland or by the Industrial Development Authority on his behalf before the vesting day in relation to functions assigned to either company under this Act shall on that day stand transferred to that company.

(2) The Minister may on his own initiative and shall on the application of either company issue a certificate in respect of a specified contract or commitment certifying, as he thinks proper, that the rights and liabilities of the Minister thereunder were transferred on the vesting day to one or other company under this section or were not so transferred to either company and the certificate shall be conclusive evidence of the facts so certified.

(3) Every right and liability transferred by subsection (1) to a company may, on and after the vesting day, be sued on, recovered or enforced by or against the company in its own name and it shall not be necessary for the company or the Minister to give notice to the person whose right or liability is transferred by this section of such transfer.

Exemption from stamp duty.

43.— Section 12 of the Finance Act, 1895 , shall not apply to the vesting in a company of any property or rights transferred by this Act or on any lease, licence or other form of agreement under section 40 (4).

Acquisition of land.

44.—(1) Each company may, in accordance with the Second Schedule , acquire compulsorily any land or any easement or other right over land for the purpose of providing a site for, or approaches to, any building or structure intended to be used for the purpose of its exclusive privilege under section 63 or 87 , as the case may be.

(2) No person shall be entitled to acquire compulsorily, except with the consent of the Minister, any land or any easement or other right in respect of land vested in either company.

(3) A company shall not be entitled to acquire under this section any land, easement or other right belonging to the State or a State authority except with the consent of the State authority concerned.

(4) The telecommunications company shall not be entitled to exercise any rights under the Telegraph Acts, 1863 to 1916, in relation to the execution of works affecting any land, easement or other right belonging to the State or a State authority except with the consent of the State authority concerned.

Provisions applicable to staff transferred to companies.

45.—(1) (a) The postal company shall accept into its employment on the vesting day in accordance with the terms of this Act every person who immediately before the vesting day is a member of the staff of the Department of Posts and Telegraphs and is designated by the Minister for employment by that company.

(b) The telecommunications company shall accept into its employment on the vesting day in accordance with the terms of this Act every person who immediately before the vesting day is a member of that staff and is designated by the Minister for employment by that company.

(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a member of the staff of the Department of Posts and Telegraphs who is transferred on the vesting day to either company shall not, while in the service of the company, receive a lesser scale of pay or be brought to less beneficial conditions of service than the scale of pay to which he was entitled and the conditions of service to which he was subject immediately before the vesting day.

(3) Until such time as the scales of pay and conditions of service of staff so transferred are varied by the company, following consultation with recognised trade unions and staff associations, the scales of pay to which they were entitled and the conditions of service, restrictions, requirements and obligations to which they were subject before their transfer shall continue to apply to them and may be exercised or imposed by the board or the Chief Executive, as the case may be, of the relevant company while they are in its service. As provided in subsection (2), no such variation shall operate to worsen the scales of pay and conditions of service applicable to such staff immediately before the vesting day, save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned.

(4) The conditions in regard to tenure of office which are granted by either company in relation to a member of the staff so transferred shall not, while he is in the service of the company, be less favourable to him than those prevailing for the time being in the civil service; any alteration in the conditions in regard to tenure of office of any such member shall not be less favourable to him than the prevailing conditions in the civil service at the time of such alteration, save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned. If a dispute arises between either company and any such member as to conditions prevailing in the civil service, the matter shall be determined by the Minister for the Public Service after consultation with the Minister.

(5) In relation to staff transferred to either company, previous service in the civil service shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Holidays (Employees) Act, 1973 , the Minimum Notice and Terms of Employment Act, 1973 , and the Unfair Dismissals Act, 1977 .

Superannuation.

46.—(1) Each company shall prepare and submit to the Minister a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of such members of the staff of the company as it may think fit.

(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or allowances are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(3) Subject to subsection (4), every such scheme may be amended or revoked by a subsequent scheme submitted and approved of under this section.

(4) Every scheme under this section shall provide for not less favourable conditions in respect of persons who, immediately before the vesting day, were members of the staff of the Department of Posts and Telegraphs than those to which they were entitled immediately before the vesting day.

(5) Disbursement of pensions, gratuities and other allowances which may be granted to or in respect of persons who, immediately before the vesting day, were members of the staff of the Department of Posts and Telegraphs shall not be on less favourable conditions than would apply if the benefits referred to had continued to be paid out of moneys provided by the Oireachtas.

(6) A scheme submitted by a company under this section shall, if approved of by the Minister with the concurrence of the Minister for the Public Service, be carried out by the company in accordance with its terms.

(7) No pension, gratuity or allowance shall be granted by either company on the resignation, retirement or death of a member of the staff of the company otherwise than in accordance with a scheme under this section.

(8) Where a superannuation allowance falls due for payment to or in respect of a person to whom subsection (4) applies in the period beginning on the vesting day and ending immediately before the coming into operation of a scheme submitted by a company and approved of under this section, the allowance shall be calculated and paid by the company in accordance with such superannuation scheme, or such enactments in relation to superannuation, as applied to such person immediately before the vesting day and, for that purpose, his pensionable service with the company shall be aggregated with his previous pensionable service.

(9) The Minister for Finance shall make such contribution as may, with his consent, be specified in a scheme or schemes under this section towards the pensions, gratuities and other allowances related to reckonable service given before the vesting day which may be granted to or in respect of persons who, immediately before that day, were members of the staff of the Department of Posts and Telegraphs, and such scheme or schemes shall, with the like consent, fix the manner and times of the payment of such contribution.

(10) (a) Notwithstanding anything in the Superannuation Acts, 1834 to 1963, and the Superannuation and Pensions Act, 1976 , the Minister for the Public Service may delegate to each company the payment of pensions, gratuities and other allowances to or in respect of such persons who were members of the staff of the Department of Posts and Telegraphs and who retired or died before the vesting day as he may specify.

(b) Any delegation under paragraph (a) shall provide for not less favourable conditions than would apply if the benefits referred to had continued to be paid out of moneys provided by the Oireachtas.

(c) Each company shall make payments in accordance with any such delegation to it and shall be reimbursed by the Minister for Finance in respect thereof in such manner and at such times as may be specified in the articles of association of the company.

(11) Moneys required to be paid by the Minister for Finance under this section shall be advanced out of the Central Fund or the growing produce thereof.

Provision for certain welfare funds.

47.—A fund or trust, the objects of which are the provision of benefits for the relief of persons who are or who have been officers or servants of the Minister or of the relatives or dependants of such persons, may be administered by the trustees or managers of the fund so as to include provision for members of the staff of either company and their relatives and dependants and any deed, rules or regulations of the fund or trust shall be construed and have effect accordingly.

Users' Councils.

48.—(1) The Minister shall establish for each company a Council to be known as the Users' Council.

(2) Each Council shall consist of not less than 10 and not more than 20 members to be appointed by the Minister.

(3) Each appointment shall be for a period of not more than 3 years.

(4) A Council may settle its own rules of procedure.

(5) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit therein as a member or who is a member of the Assembly of the European Communities shall, while he is so entitled or is such a member, be disqualified from becoming a member of a Council or a member of the staff of a Council.

(6) A member of a Council who is nominated as a member of Seanad Éireann or as a candidate for election to either House of the Oireachtas or to the Assembly of the European Communities or is appointed to such Assembly shall thereupon cease to be a member of the Council.

(7) A member of a Council may resign his office by letter addressed to the Minister and the resignation shall take effect on the date of receipt of the letter by the Minister.

(8) The Minister may remove a member of a Council from office.

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.

Appointment of interim postal and telecommunications boards.

50.—(1) As soon as may be after the passing of this Act the Minister shall appoint an interim board for each company which shall be entitled, respectively, An Bord Poist or, in the English language, the Interim Postal Board and An Bord Telecom or, in the English language, the Interim Telecommunications Board.

(2) The Interim Board for a company shall have the following functions—

(a) to prepare for the assumption of the powers, duties and responsibilities to be assigned on the vesting day to that company under this Act,

(b) to perform at the request of the Minister any of the functions to be assigned under this Act to that company.

(3) An Interim Board shall consist of such number of members not exceeding 12 as the Minister may decide.

(4) (a) The Minister shall appoint to be a member of the Interim Postal Board—

(i) the person who was appointed by him on the nomination of staff organisations as a member of the Interim Board for Posts (An Bord Poist) which was established by the Minister before the passing of this Act, and

(ii) the postmaster who was appointed by him as a member of that Interim Board for Posts.

(b) The Minister shall appoint to be a member of the Interim Telecommunications Board each person who was appointed by him on the nomination of staff organizations as a member of the Interim Board for Telecommunications (An Bord Telecom) which was established by the Minister before the passing of this Act.

(5) While the appointment of a member of an Interim Board may be made without limit as to time, a member shall, unless his membership earlier ceases by death, resignation or termination, cease to be a member on the vesting day.

(6) An Interim Board may settle its own rules of procedure.

(7) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit therein as a member or who is a member of the Assembly of the European Communities shall, while he is so entitled or is such a member, be disqualified from becoming a member of an Interim Board or a member of the staff of an Interim Board.

(8) A member of an Interim Board who is nominated as a member of Seanad Éireann or as a candidate for election to either House of the Oireachtas or to the Assembly of the European Communities or is appointed to such Assembly shall thereupon cease to be a member of the Interim Board.

(9) A member of an Interim Board may resign his office by letter addressed to the Minister and the resignation shall take effect on the date of receipt of the letter by the Minister.

(10) The Minister may remove a member of an Interim Board from office.

(11) The remuneration of members of an Interim Board shall be determined by the Minister with the consent of the Minister for the Public Service and shall not be less than that paid to them as members of the Interim Board for Posts (An Bord Poist) or the Interim Board for Telecommunications (An Bord Telecom) established by the Minister before the passing of this Act.

(12) Expenses incurred by an Interim Board shall form part of the expenses of the Minister in the administration of this Act.

(13) The accounts of an Interim Board shall be kept in such form as may be required by the Minister, with the consent of the Minister for Finance, and shall be audited by the Comptroller and Auditor General.

(14) Each Interim Board shall stand dissolved on the vesting day and its rights and liabilities shall stand transferred to the appropriate company on that day.

Loss-making services provided by direction of the Minister.

51.—(1) Where—

(a) the Minister considers, having regard to the statutory obligations of the postal or telecommunications company to provide postal or telecommunications services, that specified postal or telecommunications services should be provided or maintained in the public interest and, with the consent of the Minister for Finance, so directs the board of the company concerned, and

(b) that company considers that provision of such services is not necessary by reference to its statutory functions to provide postal or telecommunications services, and

(c) that company satisfies the Minister that, over a period of at least 12 months, it has sustained a loss in the provision or maintenance of such services,

the Minister shall certify that the services were provided or maintained in accordance with a direction by him and such certificate shall entitle the company to increase its charges to compensate for the losses incurred provided such losses were not allowed for in any previous increase in charges.

(2) The Minister may require an audit of the books and records of the company concerned to determine that such losses have been incurred and are likely to continue to be incurred and were not allowed for in any previous increase in charges.

(3) Before giving a direction to the company to provide or maintain services the Minister shall obtain details from the company of the cost of providing such services and the company shall supply such information to the Minister on request.

Non-application of certain enactments to companies.

52.—(1) The Restrictive Practices Act, 1972 , and the provisions of the Mergers, Take-overs and Monopolies (Control) Act, 1978 , relating to monopolies shall not apply in relation to the exercise by either company of its exclusive privilege under section 63 or 87 , as the case may be.

(2) The Prices Acts, 1958 to 1972, shall not apply to activities carried on by or on behalf of either company.

Power of Commissioners of Public Works to undertake work.

53.—(1) The Commissioners of Public Works in Ireland shall have power to undertake work at the request of either company.

(2) In the exercise of the power conferred by subsection (1), the said Commissioners shall, in respect of any new work undertaken by them at the request of either company on or after the vesting day, be deemed not to be a State authority for the purposes of the Local Government (Planning and Development) Acts, 1963 and 1976, and, accordingly, section 61 shall apply.

Charge of rates on property of companies.

54.—Property vested in either company on the vesting day shall, from the commencement of the next following financial year, cease to be exempt from the rate chargeable by a local authority notwithstanding that the property may appear as exempt on a valuation list.

Transitional provision regarding taxation of motor fleet.

55.—Where an application for a motor vehicle licence is made to a licensing authority before the vesting day by an interim board appointed by the Minister under section 50 , the application shall be granted if it is accompanied by a certificate from the Minister or from an authorised officer of the Minister certifying that the vehicles to be covered by the licence are the property of the Minister and will be assigned in accordance with section 41 to the company concerned on the vesting day.

Liability for loss occurring before vesting day.

56.—(1) Any claim in respect of any loss or injury alleged to have been suffered by any person arising out of the exercise by the Minister before the vesting day of functions assigned to either company by this Act shall, after that day, lie against the appropriate company, whether or not a claim was made against the Minister before that day, and not against the Minister.

(2) Any claim made or proper to be made by the Minister in respect of any loss or injury arising from the act or default of any person before the vesting day shall, where the claim relates to functions assigned to either company by this Act, be regarded as made by or proper to be made by that company and may be pursued and sued for by that company as if the loss or injury had been suffered by the company.

(3) Subsections (1) and (2) do not apply to a claim against or by a State authority.

Continuance of pending legal proceedings.

57.—All legal proceedings pending immediately before the vesting day to which the Minister is a party shall be continued with the substitution for the Minister of—

(a) the postal company, where the proceedings relate to functions assigned to that company by this Act, and

(b) the telecommunications company, where the proceedings relate to functions assigned to that company by this Act.

Continuance of certain notices, certificates, declarations and bonds.

58.—From the vesting day—

(a) every notice, certificate and declaration given by or to the Minister,

(b) every court order directed to any person, and

(c) every bond given by any person to the Minister,

which relates to functions assigned under this Act to the telecommunications company or the postal company, as the case may be, shall, where its operation, effect or term has not ceased or expired before the vesting day, continue in force and have effect as if the functions of the Minister were on that day performable by such company.

Continuance of licences and permissions granted by the Minister.

59.—(1) Every licence or permission granted by the Minister under the Post Office Acts, 1908 to 1969, or the Stamp Duties Management Act, 1891, and in force immediately before the vesting day, shall continue in force as if granted by the postal company or by the telecommunications company, as the case may require.

(2) Every licence or permission granted by the Minister under the Telegraph Acts, 1863 to 1953, which relates to the exclusive privilege assigned to the telecommunications company under section 87 and is in force immediately before the vesting day, shall continue in force as if granted by the telecommunications company.

Continuance of planning consultations.

60.—For the purposes of section 84 of the Local Government (Planning and Development) Act, 1963 —

(a) any consultation which is completed before the vesting day between the Minister and a planning authority in relation to the construction or extension of a building which from that day is to be used in connection with the functions assigned by this Act to either company shall have effect as if the company were a party to that consultation,

(b) any such consultation which is commenced by the Minister but which is not completed before the vesting day in relation to the construction or extension of any building which from that day is to be used as aforesaid shall be completed by the company concerned and not by the Minister.

Restriction of liability of companies under Planning Acts.

61.—(1) In the case of any development (not being exempted development for the purposes of the Local Government (Planning and Development) Acts, 1963 to 1982, or any development to which section 60 relates) commenced by either company during the period of two years from the vesting day, permission under Part IV of the Local Government (Planning and Development) Act, 1963 , shall not be required if the following conditions are complied with, namely—

(a) that the company consults with the planning authority concerned to such extent as the Minister for the Environment may determine, and

(b) that, if any objection which may be raised by the planning authority is not resolved, or if any condition specified by the planning authority is not acceptable to the company, the company consults with that Minister on the objection or condition, as the case may be, and

(c) that, in carrying out the development, the company complies with such conditions (if any) as the planning authority or that Minister, as the case may be, may specify.

(2) (a) When consulted under subsection (1), the planning authority or the said Minister, as the case may be, shall have the same power to specify conditions as is conferred by section 26 of the Local Government (Planning and Development) Act, 1963 , in relation to an application under Part IV of that Act.

(b) Section 27 of the Local Government (Planning and Development) Act, 1976 , shall apply with any necessary modification where development, not being exempted development as aforesaid or any development to which section 60 relates, has been commenced by either company but has not been, or is not being, carried out in accordance with the provisions of this section.

PART IV

THE POSTAL COMPANY

Postal company.

62.—In this Part “company” means the postal company.

Exclusive privilege of the postal company.

63.—(1) The company shall, subject to the provisions of this section, have the exclusive privilege in respect of the conveyance of postal packets within, to and from the State and the offering and performance of the services of receiving, collecting, despatching and delivering postal packets.

(2) The said privilege is granted to the company—

(a) in view of its primary purpose of providing a national postal service and of the general duty imposed on it by section 13 , and

(b) in recognition of the fact that a privilege of this kind is appropriate having regard to the area and population of the State and the present state of development of postal technology, and

(c) because a viable national postal system involves subsidization of some loss-making services by profit-making services.

(3) Each of the following shall not be regarded as a breach of the exclusive privilege granted by this section—

(a) services provided in accordance with the terms and conditions of a licence granted by the company under section 73 or by the Minister under section 111 ,

(b) the conveyance and delivery of a postal packet personally by the sender,

(c) the sending, conveyance and delivery of a postal packet by means of a private individual otherwise than for hire or reward where that individual himself delivers the packet to the addressee,

(d) the sending, conveyance and delivery of a postal packet concerning the private affairs of the sender or the addressee by means of a messenger sent for the purpose by the sender or receiver of the packet provided that the messenger is either a member of the family or an employee of the sender or receiver thereof,

(e) the sending, conveyance and delivery otherwise than by post of any document issuing out of a court or of any return or answer thereto,

(f) the sending, conveyance and delivery of a postal packet of the owner of a merchant ship or commercial aircraft or of goods carried in such a ship or aircraft by means of that ship or aircraft and its delivery to the addressee by any person employed for the purpose by the owner provided that no payment or reward, profit or advantage of any kind is given or received for the conveyance or delivery of the packet,

(g) the sending, conveyance and delivery by means of a common carrier of postal packets concerning and for delivery with goods carried by him, provided that no payment or reward, profit or advantage of any kind is given or received for the conveyance or delivery of those packets.

(4) Nothing in paragraphs (b) to (g) of subsection (3) shall be taken as authorising any person to make a collection of postal packets for the purpose of their being sent, conveyed or delivered in accordance with that subsection.

(5) A postal packet originating within the State shall not be taken or sent outside the State with a view to having the packet posted from outside the State to an address within the State for the purpose of evading the exclusive privilege of the company.

(6) A person who breaches the exclusive privilege granted by this section, or who attempts to breach that privilege or who aids, abets, counsels or procures such a breach, or who conspires with, solicits or incites any other person to breach that privilege, shall be guilty of an offence. In any proceeding in relation to that offence it shall lie upon the person proceeded against to prove that the act or omission in respect of which the offence is alleged to have been committed was done in conformity with this section.

(7) In this section “postal packet” does not include a telegram, a newspaper or a parcel unless a communication or, in the case of a newspaper, a communication not forming part of a newspaper is contained in it.

Limitation of liability of the postal company.

64.—(1) Subject to subsection (3), the company shall be immune from all liability in respect of any loss or damage suffered by a person in the use of a postal service by reason of—

(a) failure or delay in providing, operating or maintaining a postal service,

(b) failure, interruption, suspension or restriction of a postal service.

(2) The members of the staff of the company shall be immune from civil liability except at the suit of the company in respect of any loss or damage referred to in subsection (1).

(3) (a) Section 39 of the Sale of Goods and Supply of Services Act, 1980 , shall not apply to the provision of international services by the company.

(b) The said section 39 shall not apply to the provision of postal services within the State until such date as the Minister for Trade, Commerce and Tourism, after consultation with the Minister, by order provides, whether in relation to such services generally or in relation to services of a class defined in the order in such manner and by reference to such matters as the Minister for Trade, Commerce and Tourism, after such consultation, thinks proper.

Delivery of postal packets.

65.—The company shall not be required to deliver a postal packet to the addressee's residence or office, provided the company makes acceptable alternative arrangements to make it available to the addressee.

Inviolability of mails and immunity of staff from prosecution.

66.—(1) Postal packets and mail bags in course of post shall be immune from examination, detention or seizure except as provided under this Act or any other enactment.

(2) The company and members of the staff and other persons engaged on the business of the company shall be immune from prosecution for the possession, carrying or delivery of any prohibited article contained in a packet in the post.

Provision of banking services.

67.—(1) The company may, after consultation with the Minister and as authorised by order of the Minister for Finance (made after consultation with the Central Bank), provide banking services, including the service commonly known as the Giro System and also including the lending of money.

(2) Any such order may—

(a) specify the services which the company may provide,

(b) contain such other provisions in relation thereto, including provisions concerning the application of the Currency and Central Bank Acts, 1927 to 1971, and any other enactment, as the Minister for Finance, after consultation with the Minister, the company, the Central Bank and any other appropriate Minister, considers necessary or desirable.

(3) For so long as an order under subsection (1) is in force, the company shall be deemed to be a bank and a banker for the purposes of the Bankers' Books Evidence Acts, 1879 and 1959, in respect of the services specified in the order and the Moneylenders Acts, 1900 and 1933, shall not apply in relation to such services.

(4) The Minister for Finance, after consultation as aforesaid, may by order amend or revoke an order made under subsection (1).

Money orders and postal orders.

68.—(1) Money orders and postal orders issued by the Minister before the vesting day which are unpaid on the vesting day shall be deemed to have been issued by the company and shall have effect accordingly.

(2) Money orders and postal orders issued by the company shall be exempt from stamp duty.

(3) The company shall not be required to hold a licence under the Central Bank Act, 1971 , by reason of services in relation to money orders and postal orders provided by it.

(4) The Revenue Commissioners shall not have or exercise any functions in relation to postal orders or money orders issued by the company except in relation to the printing thereof at the request of the company.

(5) Section 20 of the Finance Act, 1911 , shall not apply to money orders or postal orders issued by the company.

Postage stamps and supplementary insurance stamps.

69.—(1) All stamps which were current immediately before the vesting day for denoting duties of postage shall remain valid on and after that day.

(2) Sections 4, 6, 13 and 16 to 20 of the Stamp Duties Management Act, 1891, shall apply to postage stamps issued by the company. In those sections, references to a licence shall include references to an authorisation by the company.

(3) All postage stamps and related dies and other articles seized under section 16 or 17 of the Stamp Duties Management Act, 1891, shall be delivered to the company.

(4) The company may, with the consent of the Minister, provide for the design and issue of postage stamps.

(5) Section 9 of the Stamp Act, 1891, shall apply to postage stamps issued by the company.

(6) Section 20 of the Finance Act, 1911 , shall not apply to postage stamps issued by the company.

(7) The Revenue Commissioners shall not have or exercise any functions in relation to postage stamps issued by the company except in relation to the printing thereof at the request of the company.

(8) Where there is a suspected offence involving postage stamps or supplementary insurance stamps (within the meaning of section 247 of the Social Welfare (Consolidation) Act, 1981 )—

(a) the company may exercise the powers contained in section 18 (2) of the Stamp Duties Management Act, 1891, but only on foot of a warrant issued by a Justice of the District Court, in the case of postage stamps, and on foot of a warrant issued by the Revenue Commissioners or by a Justice of the District Court, in the case of supplementary insurance stamps, and

(b) for the purposes of the said section 18 (2) a Justice of the District Court, upon the information on oath of an officer of the company or of a member of the Garda Síochána, may grant a warrant.

Charges and other terms applicable to services.

70.—(1) Subject to this Act, the company may make, as respects any of the postal services provided by it, a scheme providing for—

(a) either or both of the following—

(i) all charges which (save in so far as may otherwise be agreed between the company and a person availing himself of any such service) are to be made by it,

(ii) the other terms and conditions which (save as aforesaid) are to be applicable to those services,

(b) the prohibition of transmission of objectionable matter.

(2) The company shall not increase any charge under a scheme under this section without the concurrence of the Minister.

(3) A scheme made under this section may amend or revoke any previous scheme made under this section and any regulations to which section 72 (1) relates.

(4) A scheme under this section shall come into operation on such day as is specified therein.

(5) Every scheme under this section shall be published as soon as may be.

Evidence as to sum due for services provided by the company.

71.—(1) A certificate purporting to be signed by an officer of the company that a specified sum is due to the company from a specified person for any subscription, fee, charge, expense, damage or loss in respect of any service provided by the company in the exercise of a function assigned to it under this Act shall, without proof, be prima facie evidence of the sum due in any proceedings taken by or against the specified person, his personal representatives or successors in title.

(2) For the purposes of subsection (1) the reference to a sum due to the company shall include a sum originally due to the Minister under the regulations referred to in section 72 (1) which is due to the company on the vesting day.

Transitional provisions as to regulations under Post Office Acts, 1908 to 1969.

72.—(1) Regulations in force immediately before the vesting day under the Post Office Acts, 1908 to 1969, and not revoked by a scheme made under section 70 or by any provision of this Act shall, with the substitution for references to the Minister for Posts and Telegraphs, the Department of Posts and Telegraphs and the Post Office of references to the company, unless otherwise provided in the Third or Fourth Schedule , have effect on and after the vesting day as if they were provisions of schemes made under section 70 .

(2) A certificate purporting to be signed by an officer of the company that charges fixed by the Minister under regulations to which subsection (1) relates applied on a specified date shall be prima facie evidence of the matters so certified.

(3) (a) If an agreement or licence in force immediately before the vesting day contains a reference to a provision in any regulation to which subsection (1) relates and that provision is revoked under section 70 during the currency of the agreement or licence, the reference shall be taken as referring to the corresponding provision (if any) of a scheme under that section.

(b) Any reference in such an agreement or licence to a provision in a regulation relating to limitation of liability shall continue to be read as if that provision were still in force.

Grant of licences for the provision of postal services.

73.—(1) The company may, with the consent of the Minister and subject to such terms and conditions as the Minister may approve, grant, on the application of any person, a licence to the person to provide a postal service within the exclusive privilege granted to the company by section 63 .

(2) Where the company refuses to grant a licence under subsection (1) the applicant may appeal to the Minister against the refusal.

(3) The Minister may, as he thinks fit, appoint an advisory committee or advisers to advise him in relation to appeals under this section.

(4) (a) The Minister may by order grant a licence on an appeal under this section if in his opinion the grant of the licence is in the public interest and is consistent with the reasons given in section 63 (2) for the grant of the exclusive privilege to the company.

(b) The Minister may by order revoke an order made under paragraph (a) and if such an order is revoked or is annulled under section 3 , the licence granted by the order shall stand revoked.

Schemes for free postage for electoral candidates.

74.—(1) The company may, with the consent of the Minister, after consultation with the Minister for the Environment and, where appropriate, the Minister for Defence, make schemes for regulating the conditions under which free postage is to be provided under—

(a) section 50 of the Prevention of Electoral Abuses Act, 1923 ,

(b) section 25 of the Seanad Electoral (University Members) Act, 1937 ,

(c) section 34 of the Presidential Elections Act, 1937 ,

(d) rule 18 of Part I of the First Schedule to the European Assembly Elections Act, 1977 .

(2) A scheme made under this section may amend or revoke any previous scheme made thereunder.

(3) The Minister, after consultation with the company and the Minister for the Environment and, where appropriate, the Minister for Defence, may direct the company to make or amend a scheme under this section and the company shall comply with that direction.

(4) Regulations made by the Minister under—

(a) the Prevention of Electoral Abuses Act, 1923 ,

(b) the Seanad Electoral (University Members) Act, 1937 ,

(c) the Presidential Elections Act, 1937 ,

(d) the European Assembly Elections Act, 1977 ,

shall have effect on and after the vesting day with the substitution of references to the company for references to the Minister for Posts and Telegraphs and of references to an officer of the company for references to an officer of the Minister for Posts and Telegraphs as if they were schemes made by the company under subsection (1).

(5) A scheme made under this section shall have effect as if it were a scheme made by the company under section 70 .

Recoupment of free postage for elections, referenda and messages to certain organs of State.

75.—The company shall be entitled to be recouped out of the Central Fund or the growing produce thereof for the loss of postage which it incurs by reason of any enactment providing for free postage in connection with any election or referendum or any petition or address to the President, the Government or either House of the Oireachtas.

Issue of television and other licences.

76.—(1) The Minister may by order empower the company to issue on his behalf and on payment of the appropriate fee licences for television sets and other apparatus in accordance with the Wireless Telegraphy Acts, 1926 to 1972.

(2) The Minister may supply to the company information concerning transactions in television sets supplied to him by television dealers under the Wireless Telegraphy Act, 1972 .

(3) The Minister may by order empower the company to exercise on his behalf the functions conferred on him by the Wireless Telegraphy Act, 1972 , in so far as that Act relates to the registration of television dealers and the supply of information to him by dealers.

(4) The Minister may by order empower the company to exercise the functions conferred on him by or under the Wireless Telegraphy Acts, 1926 to 1972, in relation to the collection of fees for and sale of television and other licences and the identification of persons who have television sets or other apparatus not authorised by a licence for the time being in force.

(5) The Minister, after consultation with the company, may by order amend or revoke an order under the previous provisions of this section.

(6) The company shall furnish such information as the Minister may require in relation to the exercise of functions assigned to it under this section.

Summary proceedings under Wireless Telegraphy Acts, 1926 to 1972.

77.—Summary proceedings may be brought and prosecuted by the company for the following offences under the Wireless Telegraphy Acts, 1926 to 1972—

(a) where an order under section 76 (3) is in force, a contravention by a television dealer of any provision of the Wireless Telegraphy Act, 1972 ;

(b) where an order under section 76 (4) is in force, an offence relating to keeping or having in one's possession a television set or other apparatus not authorised by a licence for the time being in force.

Payment by postal company of moneys received for television and other licences.

78.—(1) The company shall pay to the Minister promptly the amounts collected by the company in respect of the issue of television and other licences.

(2) The manner of payment and the periods for which payments are to be made in respect of the issue of television and other licences shall be decided by the Minister after consultation with the company.

Recoupment of postal company for cost of issue of television and other licences.

79.—(1) The Minister shall pay to the company an appropriate sum in respect of work done by the company in the exercise of powers conferred on it under section 76 .

(2) The appropriate sum payable by the Minister to the company and the manner in which and the intervals at which it is to be paid shall be decided by the company with the consent of the Minister.

Hours of business of telegraph offices under control of postal company.

80.—The company may, after consultation with the telecommunications company, determine the hours during which telegraph offices under its control shall, on and after the vesting day, be open for the transaction of telegraph business and, in the event of a difference between the companies, the question may be referred by either company to the Minister whose decision shall be final.

Postmaster director.

81.—(1) The Minister shall appoint to be a director of the company one postmaster elected in accordance with this section.

(2) An appointment under this section shall be in writing and shall specify the day on and from which and the period during which it is to have effect, which period shall be determined by the Minister.

(3) The term of office of a director who is appointed under this section shall, unless he sooner dies, resigns, ceases to be a postmaster, becomes disqualified or is removed from office, terminate on the expiration of the period for which he was appointed.

(4) The Minister may appoint a postmaster eligible to be nominated as a candidate at an election under this section to fill a casual vacancy arising by reason of an event mentioned in subsection (3) for the remainder of the term of office of the director whose vacancy is to be filled.

(5) A director appointed under this section shall, subject to this section, be eligible for nomination as a candidate and for election at an election.

(6) An election for the purposes of this section shall be held within 12 months after the vesting day or such longer period as may be agreed between the company and recognised unions and associations representing postmasters and in each third year thereafter.

(7) Part II of the First Schedule shall apply for the purposes of an election under this section.

(8) (a) The Minister shall appoint to be a director of the company the postmaster who was appointed by him as a member of the Interim Board for Posts (An Bord Poist), which was established by the Minister before the passing of this Act, if that person is—

(i) appointed to be a member of the Interim Postal Board under section 50 , and

(ii) is a member of that Board immediately before the vesting day.

(b) The term of office of a director appointed under paragraph (a) shall begin on the vesting day, may be terminated by the Minister and shall, at the latest, cease on the day on which a director is appointed after elections under this section.

Entry of staff of company to harbours and Customs-free airport.

82.—A member of the staff of the company shall, while acting in the execution of his duty as such member—

(a) have the right to enter or leave any part of a harbour, and

(b) have the right to enter or leave the Customs-free airport established under the Customs-free Airport Act, 1947 , and buildings, aircraft, ships, boats and vehicles therein.

Powers as to the transmission of postal packets.

83.—The company may—

(a) refuse, detain, defer, withhold, return or dispose of postal packets which do not comply with schemes under section 70 or with the provisions of this Act, or which consist of or contain objectionable matter,

(b) open—

(i) unsealed postal packets,

(ii) postal packets which are undeliverable,

(iii) postal packets awaiting collection poste restante and not collected,

(iv) parcels due for collection and not collected,

(c) make provisions and impose conditions and restrictions as to the mode of packing, colour, form and design of packets and classes of packets,

(d) demand prepayment or security for postage or other charges which may become due,

(e) register any packet with or without the consent of the consignor and require payment of a fee for such registration,

(f) remit postage,

(g) defer the despatch or delivery of a postal packet where the company considers it to be necessary in the interest of the service.

Prohibition on opening, etc., of postal packets.

84.—(1) A person who—

(a) opens or attempts to open a postal packet addressed to another person or delays or detains any such postal packet or does anything to prevent its due delivery or authorises, suffers or permits another person (who is not the person to whom the postal packet is addressed) to do so, or

(b) discloses the existence or contents of any such postal packet, or

(c) uses for any purpose any information obtained from any such postal packet, or

(d) tampers with any such postal packet,

without the agreement of the person to whom the postal packet is addressed shall be guilty of an offence.

(2) Subsection (1) shall not apply to any person who is acting—

(a) in virtue of any power conferred on the company by section 83 , or

(b) in pursuance of a direction issued by the Minister under section 110 , or

(c) under other lawful authority.

(3) (a) The company may, with the consent of the Minister, make regulations to carry out the intentions of this section in so far as concerns members of its staff.

(b) The Minister, after consultation with the company, may direct the company to make regulations under paragraph (a) or to amend or revoke regulations made under that paragraph and the company shall comply with that direction.

(c) A person who contravenes any regulation under this subsection shall be guilty of an offence.

Transitional financial provisions.

85.—(1) The company shall pay to or in respect of every member of the staff of the Department of Posts and Telegraphs transferred to the service of the company any amount due to or in respect of that member in respect of service with the Department and unpaid on the vesting day and the company shall, with the concurrence of the Minister for Finance, be reimbursed by the Minister.

(2) The Minister shall, with the concurrence of the Minister for Finance, pay to the company an amount equal to advance payments received by him in respect of postal services to be provided by the company.

(3) The company shall be entitled to receive from the Minister, with the concurrence of the Minister for Finance, an amount equivalent to the value of money orders and postal orders issued before the vesting day on which payment is outstanding on the vesting day.

(4) The company shall pay to the Minister an amount equivalent to the cash on hands in post offices at the close of business on the last working day before the vesting day.

(5) All sums required to be paid under this section shall become due and payable on such date as the Minister, in consultation with the company and with the concurrence of the Minister for Finance, may determine.

(6) The company shall supply the Minister with such information, records and documents as the Minister may require for the purposes of this section and the Minister and his officers shall have the right to inspect and take copies of all relevant records and documents of the company.

(7) In the event of a disagreement as to any amount to be paid by the company to the Minister or by the Minister to the company under this section the decision of the Minister, given with the concurrence of the Minister for Finance, shall be final.

PART V

The Telecommunications Company

Telecommunications company.

86.—In this Part “company” means the telecommunications company.

Exclusive privilege of the telecommunications company.

87.—(1) The company shall, subject to the provisions of this section, have the exclusive privilege of offering, providing and maintaining telecommunications services for transmitting, receiving, collecting and delivering telecommunications messages within the State up to (and including) a connection point in the premises of a subscriber for any such service.

(2) The said privilege is granted to the company—

(a) in view of its primary purpose of providing a national telecommunications service and of the general duty imposed on it by section 15 , and

(b) in recognition of the fact that a privilege of this kind is appropriate having regard to the area and population of the State and the present state of development of telecommunications technology, and

(c) because a viable national telecommunications system involves subsidisation of some loss-making services by profit-making services.

(3) Each of the following shall not be regarded as a breach of the exclusive privilege granted by this section—

(a) services provided and maintained by a person solely for his domestic use,

(b) services provided and maintained by a business for use between employees for the purposes of the business and not rendering a service to any other person,

(c) services provided and maintained by a person by means of apparatus situated wholly in a single set of premises occupied by him,

(d) the operation of a broadcasting station under licence granted by the Minister,

(e) radio communications systems provided under licences granted under the Wireless Telegraphy Acts, 1926 to 1972,

(f) cable television systems licensed under the Wireless Telegraphy Acts, 1926 to 1972,

(g) services provided in accordance with the terms and conditions of a licence granted by the company under section 89 or by the Minister under section 111 .

(4) A person who breaches the exclusive privilege granted by this section, or who attempts to breach that privilege or who aids, abets, counsels or procures such a breach, or who conspires with, solicits or incites any other person to breach that privilege, shall be guilty of an offence. In any proceeding in relation to that offence it shall lie upon the person proceeded against to prove that the act or omission in respect of which the offence is alleged to have been committed was done in conformity with this section.

Limitation of liability of the telecommunications company.

88.—(1) Subject to subsection (3), the company shall be immune from all liability in respect of any loss or damage suffered by a person in the use of a service referred to in paragraph (a), (b) or (c) by reason of—

(a) failure or delay in providing, operating or maintaining a telecommunications service,

(b) failure, interruption, suspension or restriction of a telecommunications service,

(c) any error or omission in a directory published by the company or any telegrams or telex messages transmitted by the company.

(2) The members of the staff of the company shall be immune from civil liability except at the suit of the company in respect of any loss or damage referred to in subsection (1).

(3) (a) Section 39 of the Sale of Goods and Supply of Services Act, 1980 , shall not apply to the provision of international services by the company.

(b) The said section 39 shall not apply to the provision of telecommunications services within the State until such date as the Minister for Trade, Commerce and Tourism, after consultation with the Minister, by order provides, whether in relation to such services generally or in relation to services of a class defined in the order in such manner and by reference to such matters as the Minister for Trade, Commerce and Tourism, after such consultation, thinks proper.

Grant of licences for the provision of telecommunications services.

89.—(1) The company may, with the consent of the Minister and subject to such terms and conditions as the Minister may approve, grant, on the application of any person, a licence to the person to provide a telecommunications service within the exclusive privilege granted to the company by section 87 .

(2) Where the company refuses to grant a licence under subsection (1) the applicant may appeal to the Minister against the refusal.

(3) The Minister may, as he sees fit, appoint an advisory committee or advisers to advise him in relation to appeals under this section.

(4) (a) The Minister may by order grant a licence on an appeal under this section if in his opinion the grant of the licence is in the public interest and is consistent with the reasons given in section 87 (2) for the grant of the exclusive privilege to the company.

(b) The Minister may by order revoke an order under paragraph (a) and if such an order is revoked or is annulled under section 3 , the licence granted by the order shall stand revoked.

Charges and other terms applicable to services.

90.—(1) Subject to this Act the company may make, as respects any of the telecommunications services provided by it, a scheme providing for—

(a) either or both of the following—

(i) all charges which (save in so far as may otherwise be agreed between the company and a person availing himself of any such service) are to be made by it,

(ii) the other terms and conditions which (save as aforesaid) are to be applicable to those services,

(b) the prohibition of transmission of objectionable matter.

(2) The company shall not increase any charge under a scheme under this section without the concurrence of the Minister.

(3) A scheme made under this section may revoke or amend any previous scheme made under this section and any regulations to which section 92 relates.

(4) A scheme under this section shall come into operation on such day as is specified therein.

(5) Every scheme under this section shall be published as soon as may be.

Evidence as to sum due for telecommunications services.

91.—(1) A certificate purporting to be signed by an officer of the company that a specified sum is due to the company from a specified person for any subscription, fee, charge, expense, damage or loss in respect of any service provided by the company in the exercise of a function assigned to it under this Act shall, without proof, be prima facie evidence in any proceedings by or against the specified person, his personal representatives or successors in title.

(2) For the purposes of subsection (1) the reference to a sum due to the company shall include a sum originally due to the Minister under the regulations referred to in section 92 (1) which is due to the company on the vesting day.

Transitional provisions as to regulations under Telegraph Acts, 1863 to 1953.

92.—(1) Regulations in force immediately before the vesting day under the Telegraph Acts, 1863 to 1953, and not revoked by a scheme under section 90 or by any provision of this Act shall, with the substitution for references to the Minister for Posts and Telegraphs and the Department of Posts and Telegraphs of references to the company, unless otherwise provided in the Third or Fourth Schedule , have effect on and after the vesting day as if they were provisions of schemes made under section 90 .

(2) A certificate purporting to be signed by an officer of the company that charges fixed by the Minister under regulations to which subsection (1) relates applied on a specified date shall be prima facie evidence of the matters so certified.

(3) (a) If an agreement or licence in force immediately before the vesting day contains a reference to a provision in any regulations to which subsection (1) relates and that provision is revoked under section 90 during the currency of the agreement or licence, the reference shall be taken as referring to the corresponding provision (if any) of a scheme under that section.

(b) Any reference in any such agreement or licence to a provision in a regulation relating to limitation of liability shall continue to be read as if that provision were still in force.

Transfer to the company of deposits paid to the Minister for telephone and telex charges.

93.—Any sum of money paid to the Minister before the vesting day as security for payment of any charge due in respect of telecommunications services which is not repaid before the vesting day shall be transferred by the Minister to the company as soon as may be after the vesting day.

Continuance of proceedings for settlement of disputes.

94.—All proceedings in the nature of arbitration for the settlement of disputes and differences or the recovery of expenses under the Telegraph Acts, 1863 to 1953, which are pending on the vesting day and to which the Minister is a party shall be continued with the substitution for the Minister of the company.

Precabling of housing and industrial estates.

95.—(1) The Minister, after consultation with the Minister for the Environment, may make regulations requiring persons engaged in the provision of housing and industrial estates and other building developments (including developments by local authorities) to provide such facilities as would enable telecommunications services to be provided in those buildings in the most expeditious and efficient manner.

(2) The regulations may specify the categories of development to which the regulations are to apply by reference to size, location and other relevant matters.

(3) The regulations may specify the types of facilities to be supplied or works to be carried out and may set out the conditions to be observed in the provision or construction of those facilities.

(4) The regulations may specify the rules and procedures for the inspection and certification by the company of such facilities and works.

(5) The regulations may specify any other relevant matters which the Minister considers to be desirable or necessary.

Control of telecommunications services.

96.—The company may—

(a) determine the duration of any telephone or telex call,

(b) suspend or interrupt a telecommunications service or refuse to implement or terminate an agreement with a subscriber to such a service or with an applicant for such a service where the subscriber or applicant fails to comply with or contravenes a scheme under section 90 or any provision of this Act,

(c) require security for and advance payment in respect of charges for telephone, telex, telegram or other services provided or to be provided by the company,

(d) prohibit transmission of objectionable messages,

(e) disconnect telephone or telex calls or exchange lines or telex installations or alter exchange lines for technical reasons or recover exchange lines.

Irish Telecommunications Investments Limited.

97.—(1) The shares in Irish Telecommunications Investments Limited held immediately before the vesting day by nominees of the Minister and the Minister for Finance, respectively, shall on that day stand transferred to such persons (one of whom may be the telecommunications company) as are nominated in that behalf by the telecommunications company with the concurrence of the said Ministers and shall be held by such persons in trust for the company.

(2) The memorandum of association and articles of association of Irish Telecommunications Investments Limited shall be appropriately amended with effect on the vesting day, with the concurrence of the said Ministers, to take account of the transfer effected by subsection (1).

Prohibition on interception of telecommunications messages.

98.—(1) A person who—

(a) intercepts or attempts to intercept, or

(b) authorises, suffers or permits another person to intercept, or

(c) does anything that will enable him or another person to intercept,

telecommunications messages being transmitted by the company or who discloses the existence, substance or purport of any such message which has been intercepted or uses for any purpose any information obtained from any such message shall be guilty of an offence.

(2) Subsection (1) shall not apply to any person who is acting—

(a) (i) for the purpose of an investigation by a member of the Garda Síochána of a suspected offence under section 13 of the Post Office (Amendment) Act, 1951 (which refers to telecommunications messages of an obscene, menacing or similar character) on the complaint of a person claiming to have received such a message, or

(ii) in pursuance of a direction issued by the Minister under section 110 , or

(iii) under other lawful authority, or

(b) in the course of and to the extent required by his operating duties or duties for or in connection with the installation or maintenance of a line, apparatus or equipment for the transmission of telecommunications messages by the company.

(3) (a) The company may, with the consent of the Minister, make regulations to carry out the intentions of this section in so far as concerns members of its staff.

(b) The Minister, after consultation with the company, may direct the company to make regulations under paragraph (a) or to amend or revoke regulations made under that paragraph and the company shall comply with that direction.

(c) A person who contravenes any regulation under this subsection shall be guilty of an offence.

(4) (a) The Minister may make regulations prohibiting the provision or operation of overhearing facilities in relation to any apparatus (including private branch telephone exchanges) connected to the network of the company otherwise than in accordance with such conditions as he considers to be reasonable and prescribes in the regulations.

(b) A person who contravenes any regulation under this subsection shall be guilty of an offence.

(5) In this section, “interception” means listening to, or recording by any means, or acquiring the substance or purport of, any telecommunications message without the agreement of the person on whose behalf that message is transmitted by the company and of the person intended by him to receive that message.

Fraudulent use of telecommunications system.

99.—(1) A person who wilfully causes the company to suffer loss in respect of any rental, fee or charge properly payable for the use of the telecommunications system or any part of the system or who by any false statement or misrepresentation or otherwise with intent to defraud avoids or attempts to avoid payment of any such rental, fee or charge shall be guilty of an offence.

(2) A person who connects or causes to be connected any apparatus or device to, or places or causes to be placed any apparatus or device in association or conjunction with, the telecommunications system operated by the company or any part of the system the effect of which might result in the provision by the company of a service to any person without payment of the appropriate rental, fee or charge shall be guilty of an offence.

Repayment of certain advances under Telecommunications Capital Acts, 1924 to 1981.

100.—(1) Notwithstanding anything in the Telecommunications Capital Acts, 1924 to 1981, the company shall become liable on the vesting day to pay to the Minister for Finance the amount by which sums issued by him under those Acts which have not been repaid before that day exceed the sum of £355,000,000 plus the amount of the outstanding liability of the Minister to Irish Telecommunications Investments Limited immediately before the vesting day, together with the interest on that amount at such rate or rates as he, after consultation with the Minister and the company, may appoint.

(2) The company shall pay to the Minister for Finance the moneys due under subsection (1) at such times and in such instalments as he, after consultation with the Minister and the company, may appoint.

(3) (a) If the company fails to make a payment as required under subsection (2), the company shall remain liable to the Minister for Finance in respect of the unpaid amount and interest on the unpaid amount at such rate or rates as he may appoint shall become payable immediately by the company.

(b) Interest due under paragraph (a) together with the unpaid amount shall be a debt due to the Minister for Finance and, without prejudice to any other method of recovery, shall be recoverable by him as a simple contract debt in any court of competent jurisdiction.

(4) All moneys paid by the company to the Minister for Finance under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as he may direct.

Transitional financial provisions.

101.—(1) The company shall pay to or in respect of every member of the staff of the Department of Posts and Telegraphs transferred to the service of the company any amount due to or in respect of that member in respect of service with the Department and unpaid on the vesting day and the company shall, with the concurrence of the Minister for Finance, be reimbursed by the Minister.

(2) The Minister shall, with the concurrence of the Minister for Finance, pay to the company an amount equal to advance payments received by him in respect of telecommunications services to be provided by the company.

(3) The company shall pay to the Minister an amount equal to sums collected by it on or after the vesting day in respect of services provided by the Minister before the vesting day in respect of functions assigned by this Act to the company.

(4) All sums required to be paid under this section shall become due and payable on such date as the Minister, in consultation with the company and with the concurrence of the Minister for Finance, may determine.

(5) The company shall supply the Minister with such information, records and documents as the Minister may require for the purposes of this section and the Minister and his officers shall have the right to inspect and take copies of all relevant records and documents of the company.

(6) In the event of a disagreement as to any amount to be paid by the company to the Minister or by the Minister to the company under this section the decision of the Minister, given with the concurrence of the Minister for Finance, shall be final.

PART VI

Post Office Savings Bank and other Savings Services

Definitions.

102.—In this Part—

“company” means the postal company;

“Savings Bank” means the Post Office Savings Bank established under the Post Office Savings Bank Acts, 1861 to 1958.

Post Office Savings Bank.

103.—(1) The company may, with the consent of the Minister for Finance given after consultation with the Minister, make regulations for the control and operation of the Savings Bank pursuant to the Post Office Savings Bank Acts, 1861 to 1958, and this Act.

(2) Regulations in force immediately before the vesting day under the Post Office Savings Bank Acts, 1861 to 1958, in relation to the operation of the Savings Bank including regulations to which subsection (4) relates, shall continue in force and shall, with the substitution for references to the Minister for Posts and Telegraphs or the Postmaster General and his Department or officers, of references to the company and its officers, respectively, unless otherwise provided in the Third or Fourth Schedule , have effect on and after the vesting day as if they were regulations made under subsection (1) and may be amended or revoked by regulations under this section.

(3) The Minister for Finance, after consultation with the Minister and the company, may direct the company to make regulations under subsection (1) or to amend or revoke regulations made under that subsection or continued in force under subsection (2) and the company shall comply with that direction.

(4) Regulations made before the commencement of this section by the Minister with the consent of the Minister for Finance in purported exercise of powers conferred by the Post Office Savings Bank Acts, 1861 to 1958, or any of those Acts shall be deemed to be and always to have been valid notwithstanding that they may not have been made in the manner authorised by those Acts.

Savings Bank business.

104.—(1) The company may—

(a) appoint such of its offices as it may specify to be Savings Bank offices,

(b) authorise any of its officers to transact Savings Bank business otherwise than at a Savings Bank office,

(c) direct when Savings Bank business shall be transacted,

(d) require the surrender and cancellation of a deposit book and issue a replacement,

(e) pay any sum in respect of any amount on deposit in the Savings Bank without production of a deposit book if it is satisfied that the claimant is entitled to the payment, and

(f) at its absolute discretion accept or refuse any nomination.

(2) (a) A warrant issued by the company in accordance with regulations to which section 103 relates shall be a valid discharge to the company in respect of the amount to which the warrant applies.

(b) The transfer of an account made by the company in accordance with such regulations shall operate as a valid discharge by the transferor to the company in respect of the amount of the transfer.

(3) (a) Notwithstanding anything in the Post Office Savings Bank Acts, 1861 to 1958, the Minister for Finance, after consultation with the Minister, the company and the Central Bank, may authorise the company to undertake any business of banking which is, in the opinion of the Minister for Finance, calculated to encourage thrift and within the financial capacity of the Savings Bank.

(b) The Minister for Finance, after consultation with the Minister, the company and the Central Bank, may by order make such provision concerning the application of any enactment to that business as he, after consultation as aforesaid and with any other appropriate Minister, considers necessary or desirable.

(c) The Minister for Finance, after consultation as aforesaid, may by order amend or revoke an order made under paragraph (b).

Limitation of liability.

105.—In respect of any loss, damage or injury suffered by any person arising out of any payment made or action taken in accordance with the Post Office Savings Bank Acts, 1861 to 1958, or this Act or regulations thereunder—

(a) the company shall be immune from all liability except for money lawfully due to him by the company, and

(b) the officers and servants of the company shall be immune from civil liability except at the suit of the company.

Post Office Savings Bank cheques, warrants and other documents.

106.—(1) Every cheque, warrant, order, power of attorney or other document executed by the company in relation solely to the business of the Savings Bank shall be exempt from stamp duty.

(2) Declarations, deposit books, acknowledgements, notices of withdrawal, warrants and all documents and correspondence relating to the business of the Savings Bank and passing between the company and any person within the State or from the company to any depositor with the Savings Bank outside the State may be transmitted free of any charge for postage.

(3) The company shall be entitled to be recouped out of the Savings Bank's funds for the loss of postage which it incurs by reason of subsection (2).

Non-disclosure of information relating to deposits.

107.— Section 4 of the Post Office Savings Bank Act, 1861 (which restricts the disclosure of information relating to deposits) shall not apply to the disclosure of information required for the purpose of proceedings in respect of an offence.

Disputes before Registrar of Friendly Societies.

108.—(1) Where, on the vesting day, proceedings are pending on any reference to the Registrar of Friendly Societies in respect of a dispute relating to an account in the Savings Bank, the proceedings shall continue with the substitution of the company for the Minister as a party to the reference.

(2) Where, on the vesting day, proceedings are pending before the Registrar of Friendly Societies under section 30 (3) of the Finance Act, 1940 , on a reference relating to a savings certificate, the proceedings shall continue with the substitution of the company for the Minister as a party to the reference.

Recoupment of company for cost of managing savings services.

109.—(1) (a) An appropriate sum shall be paid to the company in respect of work done by the company in the exercise of powers conferred on it by this Part as follows—

(i) from the moneys of the Savings Bank for work done in respect of the Savings Bank, and

(ii) from the Exchequer for work done in respect of other Government savings services.

(b) The appropriate sum payable to the company, the manner in which and the intervals at which it is to be paid shall be decided by the company with the consent of the Minister for Finance.

(2) (a) The company shall pay to the Minister for Finance promptly the amounts received by the company for deposit in the Savings Bank or in other Government savings services.

(b) The manner of payment and the periods for which payments are to be made shall be determined by the said Minister after consultation with the company.

(3) The company shall furnish such information as the Minister for Finance may require for the purposes of this section.

PART VII

Functions of Minister for Posts and Telegraphs

General ministerial powers in relation to postal and telecommunications services.

110.—(1) The Minister may issue directions in writing to either company requiring the company—

(a) to comply with policy decisions of a general kind made by the Government concerning the development of the postal or telecommunications services of which he may advise the company from time to time,

(b) to do (or refrain from doing) anything which he may specify from time to time as necessary in the national interest or to enable the Government or the State to become a member of an international organisation or a party to an international agreement or to discharge its obligations as a member of an international organisation or as a party to an international agreement,

(c) to perform such work or provide or maintain such services for a State authority as may be specified in the direction.

(2) Any direction under this section to a company to perform work or provide or maintain services which involves the payment of moneys by the Exchequer shall be given only with the consent of the Minister for Finance.

(3) A company shall comply with every direction given to it under this section.

(4) (a) A direction to either company under this section except a direction which relates to any international organisation or agreement or to public order or security shall, if the company so requests in writing, be given by the Minister by order.

(b) Such an order shall remain in force for a specified period of not more than twelve months unless extended or revoked by order of the Minister.

(5) The Minister may stipulate, in consultation with either company and with the consent of the Minister for Finance, financial targets (including payment of dividends in respect of shares in the company) to be achieved by the company.

Grant of licences for the provision of postal and telecommunications services.

111.—(1) (a) The Minister may, with the consent of the Minister for Finance, by order provide for the grant of a licence by the Minister, subject to such terms and conditions as the Minister may think fit to impose, to any person to provide a postal service or a telecommunications service of a class or description specified in the order to which an exclusive privilege granted to the either company under this Act relates—

(i) after consultation with the appropriate company, and

(ii) if in his opinion the grant of the licence is in the public interest and is consistent with the reasons given in section 63 (2) or section 87 (2), as appropriate, for the grant of the exclusive privilege to the company,

and may, with the like consent, revoke any such order.

(b) If an order made under paragraph (a) is annulled under section 3 or is revoked a licence granted under that order shall stand revoked.

(2) The Minister may after consultation with the telecommunications company grant a licence to any person to provide a telecommunications service of a kind not within the exclusive privilege granted to the telecommunications company (not being a service of a kind mentioned in paragraph (a), (b) or (c) of section 87 (3)).

(3) A licence granted under subsection (2) authorising the provision of a telecommunications service shall, in addition to any other conditions that the Minister may think fit to impose, be granted subject to technical conditions regarding the type, installation and maintenance of the equipment and materials to be used to provide the service, such conditions being designed to ensure their compatibility with the network of the telecommunications company.

(4) The said technical conditions shall be decided by the Minister after consultation with the company.

(5) Where a licence is granted under this section to any person to perform any function every provision of this Act or any other enactment relating to the appropriate company which is specified in regulations made by the Minister under this section shall in respect of that function and subject to such conditions, limitations or modifications as may be prescribed in such regulations, apply to the licensee as it applies to the company.

(6) (a) The Minister may, with the consent of the Minister for Finance, charge fees for the grant of licences under this section.

(b) The Public Offices Fees Act, 1879, shall not apply to fees charged under this subsection.

FIRST SCHEDULE

Election of Certain Directors

Section 34 .

Part I

Employee Directors

1. (1) The Secretary of the company (or a person selected by him after consultation with representatives of the employees) shall be the returning officer for each election of employee directors of the company.

(2) The returning officer shall not be entitled to be nominated as, or to nominate, act as agent for or promote the interests of, a candidate at the election.

(3) The returning officer may authorise any person to exercise designated functions on his behalf and subparagraph (2) shall apply to any such person.

2. (1) A poll shall be conducted where the number of candidates exceeds the number of seats to be filled.

(2) Where one-third of the directors is not a whole number the next higher whole number shall be taken to be one-third for the purposes of an election.

(3) Voting shall be by secret ballot and on the basis of proportional representation by means of a single transferable vote.

(4) Presiding officers at the poll and polling clerks shall be appointed by the returning officer.

(5) The election shall be held in accordance with arrangements made by the returning officer.

(6) The returning officer shall be required to give due notice of these arrangements to the electorate and to designate premises as an election office.

(7) All arrangements for an election shall be subject to the consent of the Minister.

3. (1) The returning officer shall fix the nomination day and give notice of the election not later than 10 weeks before that day.

(2) The nomination day shall be not earlier than 6 weeks after the day on which eligibility of voters and candidates is determined in accordance with paragraphs 11 and 12, respectively.

4. The returning officer may declare each candidate elected if the number of candidates standing duly nominated does not exceed the number of seats to be filled.

5. (1) The returning officer may take a preliminary poll, at the request of one or more recognised trade unions or staff associations representing at least 15 per cent. of the electorate, to ascertain whether or not a majority of the electorate is in favour of proceeding with the election.

(2) The preliminary poll shall be undertaken in accordance with arrangements made by the returning officer and duly notified to the electorate.

(3) If a majority at the preliminary poll opposes the election, the holding of the election shall be deferred for 3 years.

(4) The arrangements for a preliminary poll shall be subject to the consent of the Minister.

6. If the nomination of candidates or any poll is interrupted or cannot be proceeded with the returning officer may adjourn the nomination or poll for such period as he considers appropriate to enable him, on its expiration, to proceed with or complete the nomination or poll.

7. On receipt of a notification from the returning officer of the names of candidates elected or declared to be elected under paragraph 4, the Minister shall, in accordance with section 34 , appoint each of the candidates as a director of the company.

8. The returning officer shall place the remaining candidates in order of votes credited to each at the last count in which he was involved.

9. In choosing a person to fill a casual vacancy the Minister shall select the next eligible candidate, if any, on the voting list under paragraph 8. Where two or more candidates are credited with an equal number of votes the Minister shall select one of them by lot.

10. The company shall bear the cost of holding the election except costs incurred by candidates expressly on their own behalf.

11. Every employee of the company who, on the day specified by the returning officer and on the day on which the poll is taken—

(a) is not less than eighteen years of age, and

(b) has been an employee of the company for a continuous period of not less than one year, and

(c) works not less than 18 hours a week for the company,

shall be entitled to vote at an election or preliminary poll.

12. (1) Every employee of the company who, on the day specified by the returning officer under paragraph 11, is not less than eighteen years of age and has been an employee of the company for a continuous period of not less than three years and works not less than 18 hours a week for the company shall be eligible to be nominated as a candidate at the election.

(2) Nominations shall be made in the manner prescribed by the returning officer.

(3) A candidate may be nominated by a recognised trade union or staff association or jointly by two or more such bodies but no such body shall be entitled both to nominate one or more candidates jointly with another such body or bodies.

(4) The returning officer shall rule on the validity of nominations. His decision shall be final.

13. Prior service (for a continuous period ending on the vesting day) in the Department of Posts and Telegraphs of staff transferred to the company on the vesting day shall be reckonable as service with the company for the purposes of paragraphs 11 and 12.

14. The returning officer shall prepare and maintain a list of eligible voters and candidates.

15. The returning officer shall prepare and maintain a list of recognised trade unions and staff associations for the purposes of this Part.

Part II

Postmaster Director of An Post

Section 81 .

1. (1) The Secretary of the company (or a person selected by him after consultation with representatives of postmasters) shall be the returning officer for each election of a director in accordance with section 81.

(2) The returning officer shall not be entitled to be nominated as, or to nominate, act as agent for or promote the interests of, a candidate at the election.

(3) The returning officer may authorise any person to exercise designated functions on his behalf and subparagraph (2) shall apply to any such person.

2. (1) A poll shall be conducted where there are two or more candidates.

(2) Voting shall be by secret ballot and on the basis of proportional representation by means of a single transferable vote.

(3) Presiding officers at the poll and polling clerks shall be appointed by the returning officer.

(4) The election shall be held in accordance with arrangements made by the returning officer.

(5) The returning officer shall be required to give due notice of these arrangements to the electorate and to designate premises as an election office.

(6) All arrangements for an election shall be subject to the consent of the Minister.

3. (1) The returning officer shall fix the nomination day and give notice of the election not later than 10 weeks before that day.

(2) The nomination day shall be not earlier than 6 weeks after the day on which the eligibility of voters and candidates is determined in accordance with paragraphs 11 and 12, respectively.

4. If there is only one candidate the returning officer shall declare him elected.

5. (1) The returning officer may take a preliminary poll, at the request of one or more recognised unions or associations representing at least 15 per cent, of the electorate, to ascertain whether or not a majority of the electorate is in favour of proceeding with the election.

(2) The preliminary poll shall be undertaken in accordance with arrangements made by the returning officer and duly notified to the electorate.

(3) If a majority at the preliminary poll opposes the election, the holding of the election shall be deferred for 3 years.

(4) The arrangements for a preliminary poll shall be subject to the consent of the Minister.

6. If the nomination of candidates or any poll is interrupted or cannot be proceeded with the returning officer may adjourn the nomination or poll for such period as he considers appropriate to enable him, on its expiration, to proceed with or complete the nomination or poll.

7. On receipt of a notification from the returning officer of the name of the candidate elected or declared elected under paragraph 4, the Minister shall, in accordance with section 81 , appoint him as a director of the company.

8. The returning officer shall place the remaining candidates in order of votes credited to each at the last count in which he was involved.

9. In choosing a person to fill a casual vacancy the Minister shall select the next eligible candidate, if any, on the voting list under paragraph 8. Where two or more candidates are credited with an equal number of votes the Minister shall select one of them by lot.

10. The company shall bear the cost of holding the election except costs incurred by candidates expressly on their own behalf.

11. Every postmaster who, on the day specified by the returning officer and on the day on which the poll is taken—

(a) is not less than twenty-one years of age, and

(b) has been a postmaster for a continuous period of not less than one year ending immediately before that day,

shall be entitled to vote at an election or preliminary poll.

12. (1) Every postmaster who, on the day specified by the returning officer under paragraph 11 is not less than twenty-one years of age and has been a postmaster for a continuous period of not less than three years ending immediately before that day shall be eligible to be nominated as a candidate at an election.

(2) Nominations shall be made in the manner prescribed by the returning officer.

(3) A candidate may be nominated by a recognised union or association representing postmasters or jointly by two or more such bodies but no such body shall be entitled both to nominate one or more candidates of its own accord and to nominate one or more candidates jointly with another such body or bodies.

(4) The returning officer shall rule on the validity of nominations. His decision shall be final.

13. The returning officer shall prepare and maintain a list of eligible voters and candidates.

14. The returning officer shall prepare and maintain a list of recognised unions and associations for the purposes of this Part.

SECOND SCHEDULE

Provisions Relating to Compulsory Acquisition

Section 44 .

Application for acquisition order.

1. (1) Where a company proposes to acquire any land, easement or other right over land under section 44 the company may apply to the Minister for an order under this Schedule authorising it to acquire the property compulsorily and the application shall be accompanied by such maps, plans and books of reference as are referred to in paragraph 5.

(2) The company shall publish the prescribed notice of the application in Iris Oifigiúil and in one or more newspapers circulating in the locality in which the property is situate and serve a copy of the notice on every person who appears to the company to have an estate or interest in the property, so far as it is reasonably practicable to ascertain such persons.

(3) The notice shall include a provision notifying persons having an estate or interest in the property that they have a right to lodge with the Minister within a prescribed time an objection to the making of an order and specify the times and places where the maps, plans and books of reference deposited in accordance with paragraph 5 may be inspected.

(4) The Minister shall—

(a) appoint an arbitrator to hear and determine any objection, or

(b) if in his opinion the objection is of such a nature that it can be determined without arbitration, himself decide on the application and he may, if he thinks fit, appoint an adviser to assist him in relation thereto.

(5) The Minister shall publish prescribed notice of every hearing by arbitration in Iris Oifigiúil and in one or more newspapers circulating in the locality in which the property is situate.

(6) The company and any person having an estate or interest in the property shall be entitled to be heard and adduce evidence at the arbitration.

Making of acquisition order.

2. (1) Where no objection to the application of the company is lodged within the prescribed time or any such objection is rejected by the Minister, the Minister shall make an order authorising the company to acquire the property compulsorily in accordance with the terms of its application.

(2) Where the arbitrator decides that no objection to the application is sustainable the Minister shall make the order in accordance with its terms.

(3) Where the arbitrator recommends, in consequence of any objection, that the order should be made with modifications, whether by the exclusion of any part of the property comprised in the application or subject to any other variation, the Minister shall, unless the company withdraws its application, make the order subject to such modifications.

(4) Where the arbitrator upholds an objection the Minister shall not make the order.

Entry on land, etc., before conveyance.

3. (1) At any time after the making of an acquisition order and before conveyance or ascertainment of price, the company may, subject to this paragraph, enter on and take possession of the land to be acquired or exercise the right to be acquired.

(2) Where the company exercises any power under the foregoing subparagraph, it shall be liable to pay, to the occupier of the land which is to be acquired or in respect of which the right is to be exercised, interest on the amount of the price payable to such occupier at such rate as the Minister for Finance shall from time to time determine for the purposes of this Schedule from the date of entry until payment of the price.

(3) The company shall not—

(a) enter on or take possession of any land under this paragraph without giving to the occupier at least three months' previous notice in writing of its intention so to do,

(b) exercise any right under this paragraph without giving the occupier of the land in respect of which the right is to be exercised at least three months' previous notice in writing of its intention so to do.

Service of notice.

4. (1) A notice under this Schedule may be served on any person by sending it by registered post in an envelope addressed to him at his usual or last known address.

(2) Where, for any reason, the envelope cannot be so addressed, it may be addressed to the person for whom it is intended in either of the following ways:

(a) by the description “the occupier” without stating his name,

(b) at the land to which the notice relates.

Deposit of maps, plans, etc.

5. (1) The company shall cause maps, plans and books of reference to be deposited in accordance with this paragraph.

(2) The maps and plans shall be sufficient in quantity and character to show on adequate scales the land or right proposed to be acquired.

(3) The books of reference shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of the land which is proposed to be acquired or in respect of which the right is proposed to be exercised.

(4) The maps, plans and books of reference shall be deposited at the registered office of the company and at such other places as the company considers suitable and shall remain so deposited for at least three months and shall, while so deposited, be open to inspection by any person, free of charge, between the hours of ten o'clock in the morning and four o'clock in the afternoon on every day except Saturdays, Sundays and bank holidays.

Assessment of price.

6. (1) The amount of the price to be paid by the company for any land acquired to the several persons entitled thereto or having estates or interests therein, or for any right acquired to the several persons entitled to or having estates or interests in the land in respect of which the right is exercised, shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 .

(2) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 , shall apply to the said price and to the conveyance to the company of the land or right acquired, and for the purpose of the application the company shall be deemed to be the promoters of the undertaking.

Interpretation.

7. In this Schedule “prescribed” means prescribed by regulations made by the Minister.

THIRD SCHEDULE

Repeal and Revocation of Enactments

Section 7 .

PART I

Repeal of Statutes