Communications Regulation (Postal Services) Act 2011

Communications Regulation (Postal Services) Act 2011 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2011 Communications Regulation (Postal Services) Act 2011 Communications Regulation (Postal Services) Act 2011 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 21 of 2011 COMMUNICATIONS REGULATION (POSTAL SERVICES) ACT 2011 ARRANGEMENT OF SECTIONS PART 1 Preliminary Section 1. Short title, collective citation and construction. 2. Definition. 3. Expenses. 4. Repeals and revocations. 5. Amendments to other enactments. PART 2 Regulation of Postal Services Chapter 1 Interpretation and general 6. Interpretation (Part 2). 7. Service of notices under this Part. Chapter 2 Commission for Communications Regulation 8. Amendment of section 2 of Principal Act (interpretation). 9. Amendment of section 10 of Principal Act (functions of Commission). 10. Amendment of section 12 of Principal Act (objectives of Commission). 11. Power of Commission to obtain information from postal service provider. 12. Alternative procedure for enforcement of section 13F of Principal Act. 13. Amendment of section 38A of Principal Act (Commission may require persons to give evidence or produce documents). 14. National regulatory authority. 15. Public consultation process. Chapter 3 Universal postal service 16. Universal postal service. Chapter 4 Universal postal service provider 17. Designation of An Post as universal postal service provider. 18. Designation of universal postal service providers — general provisions. 19. Review by Commission. 20. Notification of designation. 21. Designation subject to certain requirements. 22. Terms and conditions of and charges made in respect of provision of universal postal service — An Post. 23. Terms and conditions of and charges made in respect of provision of universal postal service — subsequent universal postal service providers. 24. Terms and conditions, charges — provisions of general application. 25. Transitional provision — An Post. 26. Limitation of liability of universal postal service provider. 27. Power to require carrying of postal packets and mail bags by ship or aircraft. 28. Tariff requirements. 29. Terminal dues and evasion of postage. 30. Price regulation. 31. Universal postal service accounting obligations. 32. Quality of service standards. 33. Access to postal network of universal postal service provider. 34. Access to postal infrastructure. Chapter 5 Financial support for universal postal service provision 35. Net cost of provision of universal postal service. 36. Financing of provision of universal postal service. Chapter 6 Regulation of Postal Service Providers 37. Postal services within scope of universal postal service. 38. Authorisation to provide a postal service. 39. Conditions of authorisation. 40. Register of postal service providers. 41. Suspension or withdrawal of authorisation. 42. Withdrawal of postal services. 43. Complaints and redress procedures. 44. Amendment of section 30 of Principal Act (levies and fees). 45. Protection of whistleblowers. Chapter 7 Inviolability of mails, etc. 46. Inviolability of mails and immunity from prosecution. 47. Powers as to the transmission of postal packets. 48. Power to detain postal packets. Chapter 8 Evidential provisions 49. Evidential provisions in relation to postage. 50. Evidence of thing being a postal packet. Chapter 9 Enforcement 51. Directions and compliance. 52. Appeals to High Court. Chapter 10 Offences in relation to postal services 53. Prohibition on opening of postal packets and mail bags. 54. Ministerial directions to postal service providers. 55. Prohibition on sending certain articles by post. 56. Obstruction of a universal postal service provider. 57. Prohibition on interference with post boxes. 58. Secretion of a postal packet. 59. Amendment of section 43 of Principal Act (prosecution of summary offences by Commission). 60. Amendment of section 44 of Principal Act (notice by Commission of intention to prosecute, etc.). Chapter 11 Regulation of provision of free postage to candidates 61. Provision of free postage to candidates. 62. Amendments to Seanad Electoral (University Members) Act 1937. 63. Amendments to Electoral Act 1992. 64. Amendments to Presidential Elections Act 1993. 65. Amendments to European Parliament Elections Act 1997. PART 3 The National Postcode System 66. The national postcode system. PART 4 Amendments to Broadcasting Act 2009 67. Definition (Part 4). 68. Amendment of section 118 of Act of 2009 (principal objects and associated powers of TG4). 69. Amendment of section 123 of Act of 2009 (allocation of public funding). 70. Amendment of section 124 of Act of 2009 (recommendations as to changes to public funding). 71. Amendment of section 145 of Act of 2009 (issue of television licences by agent). 72. Amendment of section 154 of Act of 2009 (broadcasting funding scheme). SCHEDULE 1 Repeals and Revocations PART 1 Repeals PART 2 Revocations SCHEDULE 2 Amendments to other enactments SCHEDULE 3 Quality Standards for Intra-Community Cross-Border Mail SCHEDULE 4 Guidance on Calculating the net cost, if any, of Universal Service Acts Referred to Air Navigation and Transport Act 1936 1936, No. 40 Arbitration Act 2010 2010, No. 1 Broadcasting Act 2009 2009, No. 18 Communications Regulation Act 2002 2002, No. 20 Communications Regulation Acts 2002 to 2010 Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 2010, No. 2 Companies Acts Conveyance of Mails Act 1893 56 & 57 Vict., c. 38 Criminal Justice (Terrorist Offences) Act 2005 2005, No. 2 Debtors (Ireland) Act 1840 3 & 4 Vict., c. 105 Electoral Act 1992 1992, No. 23 European Parliament Elections Act 1997 1997, No. 2 Firearms Act 1925 1925, No. 17 Gaming and Lotteries Act 1956 1956, No. 2 Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 1993, No. 10 Interpretation Act 2005 2005, No. 23 Ombudsman Act 1980 1980, No. 26 Petty Sessions (Ireland) Act 1851 14 & 15 Vict., c. 93 Post Office (Amendment) Act 1951 1951, No. 17 Post Office (Duties) Act 1847 10 & 11 Vict., c. 85 Post Office (Evasion of Postage) Act 1937 1937, No. 7 Post Office Act 1908 8 Edw. 7, c. 48 Postal and Telecommunications Services Act 1983 1983, No. 24 Presidential Elections Act 1993 1993, No. 28 Railways (Conveyance of Mails) Act 1838 1 & 2 Vict., c. 98 Regulation of Railways Act 1868 31 & 32 Vict., c. 119 Regulation of Railways Act 1873 36 & 37 Vict., c. 48 Roads Act 1993 1993, No. 14 Sale of Food and Drugs Act 1875 38 & 39 Vict., c. 63 Sale of Goods and Supply of Services Act 1980 1980, No. 16 Seanad Electoral (University Members) Act 1937 1937, No. 30 Transport Act 1944 1944, No. 21 Transport Act 1958 1958, No. 19 Number 21 of 2011 COMMUNICATIONS REGULATION (POSTAL SERVICES) ACT 2011 AN ACT TO PROVIDE FOR THE REGULATION OF POSTAL SERVICES, TO PROVIDE FOR THE IMPLEMENTATION OF DIRECTIVE 97/67/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 15 DECEMBER 1997 1 AS AMENDED BY DIRECTIVE 2002/39/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 10 JUNE 2002 2 AND DIRECTIVE 2008/6/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 20 FEBRUARY 2008 3 , TO CONFER ADDITIONAL FUNCTIONS ON THE COMMISSION FOR COMMUNICATIONS REGULATION, TO ENSURE THE PROVISION OF A UNIVERSAL POSTAL SERVICE, TO PROVIDE FOR THE DESIGNATION OF A UNIVERSAL POSTAL SERVICE PROVIDER, TO PROVIDE FOR FINANCIAL SUPPORT FOR UNIVERSAL POSTAL SERVICE PROVISION, TO PROVIDE FOR THE AUTHORISATION OF POSTAL SERVICE PROVIDERS, TO MAKE FURTHER PROVISION IN RELATION TO POSTAL SERVICES, TO PROVIDE FOR ENFORCEMENT MEASURES, TO PROVIDE FOR OFFENCES IN RELATION TO POSTAL SERVICES, TO REGULATE THE PROVISION OF FREE POSTAGE FOR CERTAIN CANDIDATES FOR ELECTION, TO PROVIDE FOR THE ESTABLISHMENT, OPERATION AND MAINTENANCE OF A SYSTEM OF POSTCODES, FOR THOSE AND OTHER PURPOSES TO REPEAL CERTAIN PROVISIONS OF, AND TO AMEND AND EXTEND, THE COMMUNICATIONS REGULATION ACT 2002, THE INTERCEPTION OF POSTAL PACKETS AND TELECOMMUNICATIONS MESSAGES (REGULATION) ACT 1993, THE SEANAD ELECTORAL (UNIVERSITY MEMBERS) ACT 1937, THE ELECTORAL ACT 1992, THE PRESIDENTIAL ELECTIONS ACT 1993, THE EUROPEAN PARLIAMENT ELECTIONS ACT 1997 AND CERTAIN OTHER ACTS AND STATUTORY INSTRUMENTS, TO AMEND THE BROADCASTING ACT 2009 AND TO PROVIDE FOR RELATED MATTERS. [2nd August, 2011] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary Short title, collective citation and construction. 1.— (1) This Act may be cited as the Communications Regulation (Postal Services) Act 2011. (2) The Communications Regulation Acts 2002 to 2010 and this Act (other than sections 62 to 65 and Part 4 ) may be cited together as the Communications Regulation Acts 2002 to 2011 and shall be read together as one. Definition. 2.— In this Act, “Minister” means the Minister for Communications, Energy and Natural Resources. Expenses. 3.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas. Repeals and revocations. 4.— (1) The enactments specified in Part 1 of Schedule 1 are repealed to the extent specified in column (4) of that Part. (2) The statutory instruments specified in Part 2 of Schedule 1 are revoked to the extent specified in column (4) of that Part. Amendments to other enactments. 5.— The enactments specified in Schedule 2 are amended to the extent specified in column (4) of that Schedule. PART 2 Regulation of Postal Services Chapter 1 Interpretation and general Interpretation (Part 2). 6.— (1) In this Part— “access point” means any box, receptacle or other facility, including post boxes, provided for the public either on the public road or at a post office, where postal packets, or any class of postal packets, may be deposited with a postal service provider by senders for transmission by post; “Act of 1983” means the Postal and Telecommunications Services Act 1983 ; “authorisation” means an authorisation to provide a postal service pursuant to section 38 ; “addressee”, in relation to a postal packet, means the person to whom it is addressed; “clearance” means the operation of collecting postal packets by a postal service provider for transmission, including to places outside the State; “Commission” means Commission for Communications Regulation; “cross-border mail” means mail from or to another Member State or from or to a third country; “Directive” means Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service, as amended; “distribution” means the process from sorting of postal packets at the distribution centre to delivery of postal packets to their addressees; “enactment” has the meaning assigned to it by the Interpretation Act 2005 ; “mail bag” includes any form of container or covering in which postal packets in the course of transmission by post are enclosed by a postal service provider for the purpose of conveyance, whether or not it contains any such postal packets; “post box” means any receptacle provided by a postal service provider for the purpose of receiving postal packets, or any class of postal packets, for transmission by post; “post office” includes any house, building, room or place used, whether exclusively or otherwise, for the provision of a postal service by a postal service provider; “postage” means the sum chargeable for the transmission of postal packets; “postal network” means the system of organisation and resources of all kinds used by a universal postal service provider for the purposes, in particular, of— (a) the clearance of postal packets, (b) the routing and handling of those postal packets from the access point to the distribution centre, and (c) the distribution to the addresses shown on postal packets; “postal packet” means an item addressed in the final form in which it is to be carried by a postal service provider and includes a letter, parcel, packet or any other article transmissible by post; “postal service provider” means any person providing one or more than one postal service; “postal services” means services involving the clearance, sorting, transport and distribution of postal packets; “postal service user” means any person benefiting from postal service provision as a sender or as an addressee; “postal service within the scope of the universal postal service” shall be read in accordance with section 37 ; “Principal Act” means the Communications Regulation Act 2002 ; “public road” has the same meaning as in section 2 of the Roads Act 1993 ; “publish” means make available to the public; “quality of service standards” has the meaning given to it by section 32 ; “sender” means a person responsible for originating postal packets; “sharing mechanism” shall be read in accordance with section 36 ; “statutory auditor” has the meaning assigned to it by the European Communities (Statutory Audits) (Directive 2006/43/EC) Regulations 2010 ( S.I. No. 220 of 2010 ); “statutory audit firm” has the meaning assigned to it by the European Communities (Statutory Audits) (Directive 2006/43/EC) Regulations 2010 ( S.I. No. 220 of 2010 ); “terminal dues” means the remuneration of a universal postal service provider for the distribution of incoming cross-border mail comprising postal packets from another Member State or from a third country; “universal postal service” shall be read in accordance with section 16 ; “universal postal service provider” means any postal service provider for the time being designated under section 17 or 18 . (2) A word or expression used in this Part and in the Directive or, as the case may be, in Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008, has, unless the contrary intention appears, the same meaning in this Part as in the Directive or, as the case may be, in Directive 2008/6/EC. (3) For the purposes of this Part— (a) a postal packet shall be deemed to be in the course of transmission by post from the time of its being presented at an access point to the time of its being delivered, (b) the delivery of a postal packet of any description to any person authorised to receive postal packets of that description for the post shall be a delivery to a post office, and (c) the delivery of a postal packet— (i) at the premises to which it is addressed or redirected, unless the premises are a post office from which the postal packet is to be collected, (ii) to any box or receptacle to which the occupier of those premises has agreed that postal packets addressed to persons at those premises may be delivered, or (iii) to the addressee or to the addressee’s agent or to any other person considered to be authorised to receive the postal packet, shall be a delivery to the addressee. Service of notices under this Part. 7.— (1) Subject to subsection (3), a notice or notification required to be given to a person by the Commission by or under this Part, shall be addressed to the person by name and shall be given to the person in one of the following ways— (a) by delivering it to the person, (b) by leaving it at the address at which the person ordinarily resides or carries on business, (c) by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she ordinarily resides or carries on business, (d) if an address for the service of notices or notifications has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to the person to, that address, (e) where there is a facility for receiving a copy of the notice or notification by electronic mail or a facsimile of the notice or notification by electronic means at the address at which the person ordinarily resides or carries on business, by sending a copy of the notice or notification by electronic mail or a facsimile of the notice or notification by such means to that address, provided that the notice is also served or given in any of the other ways referred to in this subsection other than this paragraph. (2) For the purposes of this section, a company registered under the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business. (3) Subsection (1) shall not apply to a notification made by the Commission under— (a) section 16 (8), (b) section 20 (1)(b) or (2)(b), or (c) section 32 (4)(b) or (9). Chapter 2 Commission for Communications Regulation Amendment of section 2 of Principal Act (interpretation). 8.— Section 2 of the Principal Act is amended in subsection (1)— (a) by substituting the following for the definition of “postal services”: “ ‘postal services’ has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011;”, and (b) by inserting the following definitions: “ ‘postal service provider’ has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011; ‘postal service user’ has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011; ‘postal service within the scope of the universal postal service’ has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011; ‘universal postal service’ has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011;”. Amendment of section 10 of Principal Act (functions of Commission). 9.— Section 10 of the Principal Act is amended in subsection (1)— (a) by inserting the following after paragraph (b): “(ba) to ensure the provision of a universal postal service that meets the reasonable needs of postal service users,”, and (b) by substituting the following for paragraph (c): “(c) to monitor and ensure compliance by postal service providers with the obligations imposed on them by or under the Communications Regulation Acts 2002 to 2011 in relation to the provision of postal services,”. Amendment of section 12 of Principal Act (objectives of Commission). 10.— Section 12 of the Principal Act is amended— (a) in subsection (1) by substituting the following for paragraph (c): “(c) in relation to the provision of postal services— (i) to promote the development of the postal sector and, in particular, the availability of a universal postal service within, to and from the State at an affordable price for the benefit of all postal service users, (ii) to promote the interests of postal service users within the Community, and (iii) subject to subparagraph (i), to facilitate the development of competition and innovation in the market for postal service provision, and”, (b) by inserting the following after subsection (2): “(2A) In relation to the objectives referred to in subsection (1)(c), the Commission shall take all reasonable measures aimed at achieving those objectives, including— (a) establishing such monitoring and regulatory procedures for the purposes of ensuring compliance by postal service providers with the obligations imposed on them by or under the Communications Regulation Acts 2002 to 2011 as are necessary to secure the provision of a universal postal service, (b) ensuring that postal service users may avail of a universal postal service that meets their reasonable needs, (c) in so far as the facilitation of competition and innovation is concerned, ensuring that postal service users derive maximum benefit in terms of choice, price and quality, and (d) in so far as the promotion of the interests of postal service users within the Community is concerned— (i) ensuring a high level of protection for postal service users in their dealings with postal service providers, in particular by— (I) ensuring the availability of simple and inexpensive dispute resolution procedures carried out by a body that is independent of the parties involved, and (II) consulting and cooperating with the National Consumer Agency as appropriate, and (ii) addressing the needs of specific social groups, in particular, disabled postal service users.”, and (c) in subsection (4) by substituting “subsections (1), (2), (2A) and (3)” for “subsections (1), (2) and (3)”. Power of Commission to obtain information from postal service provider. 11.— The Principal Act is amended by inserting the following after section 13E: “13F.— (1) The Commission may at any time, by notice in writing, require a postal service provider to provide it with such written information as, subject to subsection (3), it considers necessary to enable it to carry out its functions and, in particular, for any of the following purposes: (a) establishing compliance by the postal service provider with the obligations imposed on it by or under the Communications Regulation Acts 2002 to 2011; (b) making a designation under section 17 or 18 of the Communications Regulation (Postal Services) Act 2011; (c) conducting a review for any of the purposes of the said section 17 or 18 ; (d) assessing the contribution (if any) to be made by a postal service provider to a sharing mechanism established under section 36 of the Communications Regulation (Postal Services) Act 2011; (e) assessing the contribution to be made by a postal service provider to the administration costs of the Commission under section 30(2); (f) statistical purposes. (2) A requirement made under subsection (1) shall— (a) specify the information required, and (b) state the purposes for which that information is required, including, where relevant, the statistical purposes for which that information is required. (3) The nature and extent of the information, the subject of a requirement made under subsection (1), shall be proportionate to the use to which the information is to be put by the Commission in the performance of its functions. (4) Information shall be provided by a postal service provider pursuant to a requirement made under subsection (1) in such form and manner and within such reasonable period as may be specified by the Commission in the notice. (5) A postal service provider commits an offence if it— (a) fails to comply with a requirement made under subsection (1) within the period specified in the notice or within such extended period as the Commission allows, or (b) in purporting to comply with such a requirement, provides to the Commission information that the postal service provider knows to be false or misleading in a material respect. (6) In proceedings for an offence under subsection (5) involving a failure by a postal service provider to comply with a requirement made under subsection (1), it is a defence if the postal service provider establishes— (a) that it did not know and could not be reasonably expected to know or ascertain the required information, or (b) that the disclosure of the information was prohibited by any enactment or rule of law. (7) A postal service provider who commits an offence under subsection (5) is liable on summary conviction to a class A fine. (8) (a) The Commission shall give to the European Commission, upon request, appropriate and relevant information necessary for it to carry out its tasks under the Directive (within the meaning of section 6 of the Communications Regulation (Postal Services) Act 2011). (b) Nothing in section 24(1) shall prevent the disclosure of confidential information (within the meaning of section 24) by the Commission to the European Commission under this subsection.”. Alternative procedure for enforcement of section 13F of Principal Act. 12.— The Principal Act is amended by inserting the following after section 13F (inserted by section 11 )— “13G.— (1) As an alternative to bringing a prosecution for an offence under section 13F(5), the Commission may apply to the High Court to make a compliance order under subsection (4). Such an application is to be by motion. (2) The High Court may hear the application only if it is satisfied that a copy of the application has been served on the postal service provider concerned. On being served with such a copy, the postal service provider becomes the respondent to the application. (3) The High Court may make such interim or interlocutory order as it considers appropriate pending determination of an application made under subsection (1). The Court may not refuse interim or interlocutory relief merely because the Commission may not suffer damage if relief were not granted pending determination of the application. (4) On the hearing of an application made under subsection (1), the High Court may make an order requiring the postal service provider to comply with section 13F or may refuse the application. (5) If the High Court makes an order under subsection (4), it may make such ancillary orders as it considers appropriate.”. Amendment of section 38A of Principal Act (Commission may require persons to give evidence or produce documents). 13.— Section 38A of the Principal Act is amended in subsection (1) by inserting “(other than its functions or objectives relating to postal services)” after “objectives”. National regulatory authority. 14.— The Commission shall be the national regulatory authority for the purposes of the Directive. Public consultation process. 15.— (1) Where the Commission is required to conduct a public consultation process in the performance of any of its functions under the Communications Regulation Acts 2002 to 2011 relating to postal services, the Commission shall carry out such process in accordance with procedures established and maintained by it. (2) The procedures referred to in subsection (1) shall include the opportunity for interested persons, including representatives of postal service providers and postal service users and organisations representative of employees of postal service providers, to make representations on the matter, the subject of the consultation process concerned, to the Commission in such form and within such reasonable period as the Commission may specify generally or by reference to the consultation process concerned. (3) The Commission shall publish a reference to the procedures referred to in subsection (1) in Iris Oifigiúil and shall make a copy of the procedures available, on request, to interested parties at a cost not exceeding the reasonable cost of making a copy or, where appropriate, such cost and the amount of any postage involved. Chapter 3 Universal postal service Universal postal service. 16.— (1) In this Part and subject to this section “universal postal service” means— (a) that on every working day, except in such circumstances or geographical conditions as the Commission considers to be exceptional, there is at least— (i) one clearance, and (ii) one delivery to the home or premises of every person in the State or, as the Commission considers appropriate, under such conditions as it may determine from time to time, to appropriate installations, and (b) that the following services are provided: (i) the clearance, sorting, transport and distribution of postal packets up to 2 kilograms in weight; (ii) the clearance, sorting, transport and distribution of parcels up to the weight expressed in kilograms specified in subsection (2); (iii) the sorting, transportation and distribution of parcels from other Member States up to 20 kilograms in weight; (iv) a registered items service; (v) an insured items service within the State and to and from all countries which, as signatories to the Universal Postal Convention of the Universal Postal Union, declare their willingness to admit such items whether reciprocally or in one direction only; and (vi) postal services, free of charge, to blind and partially-sighted persons. (2) The weight in kilograms referred to in subsection (1)(b)(ii) shall be— (a) such weight as stands specified by order under subsection (3), or (b) where no weight stands so specified, 20 kilograms. (3)(a) The Commission may, from time to time, review the weight provided for by subsection (2) and may, following a public consultation process and having regard to the reasonable needs of postal service users, by order provide for a weight in lieu of the weight provided for by subsection (2)(a) or the weight specified in subsection (2)(b) and such weight shall not in any case be less than 10 kilograms. (b) The Commission may revoke an order under this subsection without providing for a weight, in which case the weight specified in subsection (2)(b) shall apply. (4) The Commission shall publish notice of the making of an order under subsection (3) in Iris Oifigiúil and in such other manner as it considers appropriate. (5) For the purpose of the provision of a universal postal service, the minimum and maximum dimensions for postal packets shall be those laid down in the Convention and the Agreement concerning Postal Parcels adopted by the Universal Postal Union under the Universal Postal Convention, as amended from time to time. (6) When considering any exception to the provision of a universal postal service for the purposes of subsection (1)(a), the Commission shall have regard to the technical, economic and social environment and to the needs of postal service users. (7) When making a determination for the purposes of subsection (1)(a)(ii), the Commission shall have regard to— (a) the reasonable needs of postal service users, (b) the measures a universal postal service provider may be reasonably required to take in order to meet the reasonable needs of postal service users, and (c) such other matters as the Commission considers appropriate, including ease of access to homes or premises and the health and safety of the employees and agents of a universal postal service provider. (8) The Commission shall notify in writing any exception granted for the purposes of subsection (1)(a) or determination made for the purposes of subsection (1)(a)(ii) to— (a) the Minister, (b) the European Commission, and (c) the national regulatory authorities in all Member States, and shall publish any such exception granted or determination made. (9) For the purposes of ensuring that the universal postal service develops in response to the technical, economic and social environment and to the reasonable needs of postal service users, the Commission shall, following a public consultation process, make regulations specifying the services to be provided by a universal postal service provider relating to the provision of a universal postal service. (10) The Commission may, following a public consultation process, give directions to a universal postal service provider for the purpose of ensuring that, for the purpose of the provision of a universal postal service by the universal postal service provider concerned, the density of access points and the provision of points of contact for postal service users with the universal postal service provider take account of the reasonable needs of postal service users. (11) The reference in subsection (1)(a)(ii) to the delivery of postal packets includes the delivery of postal packets posted outside the State. (12) In this section— “insured items service” means a postal service which, in the event of the loss or theft of or damage to a postal packet, provides, subject to the monetary limits specified in the terms and conditions of the service concerned, for the payment of an amount up to the value of the postal packet as declared by the sender; “registered items service” means a postal service which provides— (a) for the registration of a postal packet in connection with its transmission by post, and (b) for the payment of an amount determined by the person providing the service in the event of theft or loss of or damage to such postal packet. Chapter 4 Universal postal service provider Designation of An Post as universal postal service provider. 17.— (1) Subject to subsection (2), An Post is designated as the universal postal service provider for a period of 12 years beginning on the passing of this Act. (2) After the expiration of 7 years after the passing of this Act, and following a review under section 19 by the Commission of the designation of An Post under subsection (1), the Commission may— (a) decide to— (i) continue the designation of An Post as a universal postal service provider for the duration of the unexpired period of the designation specified in subsection (1), or (ii) with the prior consent of the Minister, designate one or more than one postal service provider as a universal postal service provider for such period, subject to section 18 (4), as the Commission considers appropriate, or (b) with the prior consent of the Minister, decide that no such designation is required. (3) Where the Commission proposes to make a decision under subsection (2)(a)(ii) or (b), as the case may be, the Minister, following consultation with such persons as he or she considers appropriate having regard to the proposal concerned, shall give notice in writing to the Commission of his or her decision to consent, or to refuse consent, within 4 months of the date on which the Commission seeks consent. (4) When giving or refusing consent in relation to a proposal by the Commission to make a decision under subsection (2)(a)(ii) or (b), as the case may be, the Minister shall require to be satisfied as to whether or not the Commission’s proposal ensures the provision of a universal postal service. (5) Where the Minister refuses consent to a proposal by the Commission to make a decision under subsection (2)(a)(ii) or (b), as the case may be, the designation of An Post shall continue for the duration of the unexpired period of the designation specified in subsection (1). (6) Where, with the prior consent of the Minister, the Commission makes a decision under subsection (2)(a)(ii), the designation of An Post under subsection (1) shall cease to have effect on the date on which that decision takes effect. (7) Where, with the prior consent of the Minister, the Commission makes a decision under subsection (2)(b), the designation of An Post under subsection (1) shall cease to have effect on the date of that decision. Designation of universal postal service providers — general provisions. 18.—(1) Before the end of the period for which the designation of An Post is continued under subsection (2)(a)(i) or (5) of section 17 or, as the case may be, before the end of the period for which a universal postal service provider is designated under subsection (2)(a)(ii) of that section or, in a case where a universal postal service provider is designated under this section, before the end of the period for which the provider is so designated, the Commission— (a) shall conduct a review of the designation, and (b) may with effect from the expiry of that period— (i) decide to designate one or more than one postal service provider as a universal postal service provider for such period, subject to subsection (4), as the Commission considers appropriate, or (ii) decide that no such designation is required. (2) Where the Commission makes a decision— (a) with the prior consent of the Minister, under section 17 (2)(b), or (b) under subsection (1)(b)(ii), it shall, at such intervals as it considers appropriate, conduct a review under section 19 for the purpose of deciding whether a designation of one or more than one postal service provider as a universal postal service provider is required and may decide that— (i) no such designation is required for the time being, or (ii) such designation is required for such period, subject to subsection (4), as the Commission considers appropriate, and this section applies to a decision made under subparagraph (i) or (ii), as the case may be, as it applies to a decision made under subparagraph (i) or (ii) of subsection (1)(b). (3) The Commission may determine that different universal postal service providers, the subject of a designation made by the Commission under section 17 (2)(a)(ii) or this section, shall provide different parts of the universal postal service or provide that service in respect of all or any part or parts of the State, or both, having regard to the need to ensure that there is no duplication of the obligations imposed on each universal postal service provider so designated. (4) The designation of a universal postal service provider by the Commission under section 17 (2)(a)(ii) or this section— (a) shall be for such period as the Commission considers appropriate, having regard to the need to ensure that the designation is of sufficient duration for the return on investments, (b) shall take effect 14 days after the date on which notice of approval of the terms and conditions of its universal postal service provision is published under section 23 (2)(a), and (c) shall cease to have effect— (i) on the date on which the designation of a universal postal service provider takes effect under paragraph (b), or (ii) on the date on which the Commission decides that no such designation is required. Review by Commission. 19.— (1) A review by the Commission for the purposes of section 17 or 18 shall, subject to subsection (2), be conducted in accordance with such procedures as may be established and maintained by the Commission having regard to its functions and objectives under the Communications Regulation Acts 2002 to 2011 relating to postal services, in particular the need to ensure the provision of a universal postal service and compliance with the requirements specified in section 18 . (2) The procedures referred to in subsection (1) shall— (a) make provision for the carrying out of an assessment of the extent to which the market for the provision of postal services in the State is meeting the reasonable needs of postal service users, (b) be such as the Commission considers to be efficient, objective, transparent, non-discriminatory and proportionate, and (c) be published by the Commission. Notification of designation. 20.— (1) The continuance of the designation of An Post under subsection(2)(a)(i) or (5) of section 17 or, as the case may be, the designation of a universal postal service provider under subsection (2)(a)(ii) of that section, or the designation of a universal postal service provider under section 18 , shall be in writing, and the Commission shall— (a) publish notice of the such continuance or designation in Iris Oifigiúil and in such other manner as it considers appropriate, and (b) notify in writing— (i) the European Commission of such continuance or the identity of any universal postal service provider so designated, and (ii) the Minister of the identity of any universal postal service provider so designated. (2) Where the Commission makes a decision under section 17 (2)(b) or subsection (1)(b)(ii) or (2)(i) of section 18 , as the case may be, that no designation is required, it shall— (a) publish notice of such a decision in Iris Oifigiúil and in such other manner as it considers appropriate, and (b) notify in writing the Minister and the European Commission. Designation subject to certain requirements. 21.— (1) A universal postal service provider is required— (a) to provide a universal postal service in accordance with the obligations imposed on a universal postal service provider by or under the Communications Regulation Acts 2002 to 2011, subject to the interruption, suspension or restriction otherwise of all or any part of the universal postal service in cases of force majeure, (b) to provide identical services to postal service users under comparable conditions, and (c) to comply with the terms and conditions of its universal postal service provision published under section 22 or 23 , as the case may be, and any amendments to or modifications of those terms and conditions under that section. (2) Where the Commission is of the opinion that a universal postal service provider is failing, or has failed, to comply with any of the requirements of this section, the Commission may give a direction to the universal postal service provider to ensure compliance with the requirement concerned. Terms and conditions of and charges made in respect of provision of universal postal service — An Post. 22.— (1) An Post shall— (a) not later than 21 days after the coming into operation of this Act, give to the Commission a statement in writing of the terms and conditions of its universal postal service provision and the charges made by it in respect of the universal postal service provision (save in so far as those charges may otherwise be agreed between the universal postal service provider and a postal service user), and (b) as soon as practicable after notification of the Commission under paragraph (a), publish on its website and by such other means as the Commission may direct— (i) the terms and conditions of its universal postal service provision, and (ii) the charges referred to in paragraph (a). (2) The Commission shall, within 6 months of the coming into operation of this Act, approve, subject to section 24 (3), with or without amendment, the terms and conditions notified to it under subsection (1). Terms and conditions of and charges made in respect of provision of universal postal service — subsequent universal postal service providers. 23.— (1) Within such period as the Commission may specify in a designation made by it under section 17 (2)(a)(ii) or 18 , but in any case not more than 3 months from the date of such designation, a universal postal service provider shall give to the Commission a statement in writing of— (a) the terms and conditions of its universal postal service provision for approval by the Commission, subject to section 24 (3), with or without amendment, and (b) the charges made by it in respect of the universal postal service provision (save in so far as may otherwise be agreed between the universal postal service provider and a postal service user). (2) When the terms and conditions are approved by the Commission, with or without amendment, a universal postal service provider shall publish on its website and by such other means as the Commission may direct— (a) notice of the approval, (b) the terms and conditions so approved, and (c) the charges referred to in subsection (1)(b). (3) The terms and conditions approved under this section shall come into effect on a day that is not earlier than 14 days after the date of their publication under subsection (2)(b). Terms and conditions, charges — provisions of general application. 24.— (1) In this section— “charges” means the charges published under section 22 or 23 as the case may be; “terms and conditions” means terms and conditions published under section 22 or 23 , as the case may be. (2) The terms and conditions shall be such as to ensure compliance with the obligations imposed on the universal postal service provider by or under the Communications Regulation Acts 2002 to 2011 in respect of the provision of a universal postal service and shall include— (a) the terms and conditions in accordance with which a postal service user may avail of the postal services concerned, and (b) terms and conditions relating to, and its procedures for dealing with, complaints made by postal service users relating to the universal postal service provision. (3) For the purposes of approving terms and conditions under section 22 (2) or 23 (1), the Commission shall consider whether the terms and conditions are appropriate having regard to the obligations imposed on the universal postal service provider by or under the Communications Regulation Acts 2002 to 2011 in respect of the provision of a universal postal service and the reasonable needs of users and do not have a significantly adverse effect on postal service users. (4) Where a universal postal service provider proposes to amend any of its terms and conditions it shall give at least 30 days notice, or such shorter period of notice as may be agreed with the Commission, in writing, to the Commission of its intention to make amendments and the Commission may, subject to subsection (5)(a) or (b), as the case may be, approve those amendments, with or without amendment. (5) The Commission may, following a public consultation process, give a direction to a universal postal service provider requiring it to modify its terms and conditions— (a) where the Commission considers such modification is appropriate having regard to the obligations imposed on a universal postal service provider by or under the Communications Regulation Acts 2002 to 2011 in respect of the provision of a universal postal service and the reasonable needs of postal service users, or (b) where the Commission considers that a proposed amendment notified to it under subsection (4) may have a significantly adverse effect on postal service users. (6) Where a universal postal service provider amends or modifies its terms and conditions pursuant to subsection (4) or (5), as the case may be, it shall publish notice of the amendment or modification on its website and by such other means as the Commission may direct and the amendment or modification shall not come into effect earlier than 14 days after the date of publication of such notice or such other period as may be agreed with the Commission. (7) The Commission may make a request in writing to a universal postal service provider to give to the Commission such additional information, and within such period, as the Commission specifies in its request, which period shall not be less than 14 days from the date of the request. (8) Where a universal postal service provider amends the charges made by it in respect of the universal postal service provision, it shall— (a) publish notice of any such amendment on its website and by such other means as the Commission may direct, and (b) as soon as practicable thereafter notify the Commission in writing of the amendment, and the charges as so amended shall not come into effect earlier than 14 days after the date of publication of the notice under paragraph (a). (9) A universal postal service provider shall make available to postal service users, on request, free of charge, and at such access points as it considers appropriate its terms and conditions and charges. (10) References to technical standards in terms and conditions shall be read as references to those standards published in the Official Journal of the European Union as drawn up by the European Committee for Standardisation. (11) Where the Commission is of the opinion that a universal postal service provider is failing, or has failed, to comply with any of the requirements of section 22 or 23 or this section, the Commission may give a direction to the universal postal service provider to ensure compliance with the requirement concerned. Transitional provision — An Post. 25.— (1) Subject to subsection (2), notwithstanding the repeal by section 4 (1) of sections 70 and 72 of the Act of 1983— (a) schemes made by An Post under section 70 of the Act of 1983 that were in force immediately before the coming into operation of this Act, and (b) regulations referred to in section 72 of the Act of 1983 that, by virtue of subsection (1) of that section, were in force immediately before the coming into operation of this Act, shall continue in force. (2) Subsection (1) ceases to apply— (a) in the case of terms and conditions published under section 22 , on and from the date of such publication, and (b) in the case of charges published under section 22 , on and from the date of such publication. Limitation of liability of universal postal service provider. 26.— (1) Subject to subsection (3), a universal postal service provider shall be immune from all liability in respect of any loss or damage suffered by a postal service user because of— (a) any failure or delay in providing, operating or maintaining a universal postal service, or (b) any failure, interruption, suspension or restriction of a universal postal service. (2) The employees and agents of a universal postal service provider shall be immune from civil liability, except at the suit of the universal postal service provider, in respect of any loss or damage referred to in subsection (1). (3) Section 39 of the Sale of Goods and Supply of Services Act 1980 shall not apply in relation to the provision of a universal postal service by a universal postal service provider until such date as the Minister for Jobs, Enterprise and Innovation, following consultation with the Commission and the Minister, by order so provides, in relation to the universal postal service or to any part or parts of such service specified in the order in such manner and by reference to such matters, including ensuring the protection of the interests of postal service users, as the Minister for Jobs, Enterprise and Innovation, following such consultation, considers appropriate. (4) An order made under this section 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 is passed by either such House within the next 21 days on which the House has sat after that order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it. Power to require carrying of postal packets and mail bags by ship or aircraft. 27.— (1) A universal postal service provider may, for any purpose in connection with the provision by it of a universal postal service, by notice require the owner or operator of a relevant ship or aircraft to carry mail bags on the relevant ship or aircraft. (2) The remuneration for any services provided pursuant to this section shall be determined by agreement between the universal postal service provider and the owner or operator of the relevant ship or aircraft concerned. (3) Where a dispute or difference arises between a universal postal service provider and the owner or operator of a relevant ship or aircraft, in respect of the remuneration for any services provided pursuant to this section, the dispute or difference shall be determined in accordance with conciliation procedures that have been agreed between both parties or, in default of such agreement, the matter may be referred to arbitration and, subject to section 29 of the Arbitration Act 2010 , that Act shall apply to an arbitration under this Act. (4) In this section “relevant ship or aircraft” means any ship or aircraft which carries on regular communications between 2 or more places, one of which is not readily accessible by road. Tariff requirements. 28.— (1) The tariffs for each postal service or part of a postal service provided by a universal postal service provider in the provision of a universal postal service shall comply with the following requirements: (a) prices shall be affordable and be such that all postal service users may avail of the services provided; (b) prices shall be cost-oriented, that is to say, the prices shall take account of, and reflect the costs of, providing the postal service or part of the postal service concerned; (c) subject to any decision made by the Commission under paragraph (b) of subsection (2), prices shall comply with the uniform tariff referred to in that subsection; (d) tariffs shall be transparent and non-discriminatory; and (e) where postal service providers apply special tariffs, including special tariffs for postal services for businesses, bulk mailers or consolidators of mail from different postal service users, tariffs and associated conditions shall be transparent and non-discriminatory. (2) (a) Subject to paragraphs (b) and (d), a uniform tariff shall apply throughout the State to any postal service provided at single piece tariff. (b) The Commission may, having regard to the reasonable needs of users, with the prior consent of the Minister, decide that a uniform tariff referred to in paragraph (a) shall not apply, and shall publish any such decision. (c) The Commission may, with the prior consent of the Minister, make a decision that a uniform tariff shall be applied cross border to any postal service provided at single piece tariff and shall publish any such decision. (d) The Commission may, with the prior consent of the Minister, revoke a decision made under paragraph (b) or (c). (3) The application of a uniform tariff pursuant to subsection (2) shall not exclude the right of a universal postal service provider to conclude individual agreements on prices with postal service users. (4) In this section “service provided at single piece tariff” means a postal service for which the tariff is set for individual postal packets by a universal postal service provider in its charges published under section 22 or 23 , as the case may be. (5) Where the Commission is of the opinion that a universal postal service provider is failing, or has failed, to comply with any of the requirements specified in subsection (1), the Commission may give a direction to the universal postal service provider to ensure compliance with the requirement concerned. Terminal dues and evasion of postage. 29.— (1) In order to ensure the cross-border provision of the universal postal service, a universal postal service provider shall ensure that its agreements on terminal dues for intra-Community cross-border mail comply with the following requirements: (a) terminal dues shall be fixed in relation to the costs of processing and delivering incoming cross-border mail; (b) levels of remuneration shall be related to the quality of service achieved; and (c) terminal dues shall be transparent and non-discriminatory. (2) The Commission may, following a public consultation process, give a direction to a universal postal service provider to ensure compliance with the requirements specified in subsection (1). (3) (a) This subsection applies to a postal packet which— (i) is posted outside the State, (ii) is addressed to the addressee at an address in the State, and (iii) purports to come from or to be sent by or on behalf of a person residing or carrying on business in the State, but does not apply to a postal packet which purports to come from or to be sent by or on behalf of a person who carries on business both in and outside the State unless the postal packet purports to come or be sent only from an address, or all the addresses, of such person in the State. (b) A universal postal service provider shall have the power to charge and recover from the person— (i) from whom a postal packet to which this subsection applies purports to come, or (ii) by whom or on whose behalf such postal packet purports to have been sent, as a simple contract debt in any court of competent jurisdiction, the difference between the postage which would have been payable had the postal packet been posted in the State and the amount actually paid or payable to the universal postal service provider in respect of that postal packet posted outside the State to an address in the State and purporting to be sent by or on behalf of someone who is residing or carrying on business in the State unless terminal dues, which meet the requirements specified in subsection (1), apply to that postal packet. Price regulation. 30.— (1) In this section— “basket of postal services” means any postal service or group of such services, within the scope of the universal postal service, provided by a universal postal service provider, specified in a price cap decision; “price cap” means an overall limit on the annual percentage change in charges that can be imposed for any basket of postal services which is calculated in accordance with the following formula: overall limit = (Δ CPI) — X where— (Δ CPI) is the annual percentage change in the consumer price index, “CPI” means the consumer price index number as compiled by the Central Statistics Office, and X is the adjustment specified by the Commission to provide incentives for efficient provision of the services concerned; “price cap decision” means a decision made under subsection (2). (2) Subject to subsection (3), where the Commission is of the opinion that there is no effective competition in the market for the supply of the postal services concerned, the Commission shall, following a public consultation process in relation to the services to be included in a basket of postal services and, as the Commission considers appropriate, in relation to the adjustment referred to in the construction of “X” in the definition of “price cap” in subsection (1), make a decision (in this section referred to as a “price cap decision”) specifying a price cap in respect of one or more than one basket of services. (3) For the purposes of making a price cap decision the Commission shall— (a) have regard to the requirements relating to tariffs specified in section 28 (1), (b) ensure that the price cap provides incentives for efficient universal postal services provision, and (c) have regard to its objectives set out in section 12(1)(c) of the Principal Act, in particular the protection of the interests of postal service users and those of small and medium-sized enterprises. (4) The price cap shall apply for a period of 5 years from the date specified in the price cap decision and the date so specified shall not be earlier than 14 days from the date on which the price cap decision is published under subsection (8). (5) On or after the expiration of 3 years from the date specified in the price cap decision as the date from which the price cap is to apply, the Commission may, subject to subsection (10), conduct a review of the price cap and following such a review, the Commission may make a decision amending the price cap decision as regards any basket of postal services specified in the price cap decision or the adjustment referred to in the construction of “X” in the definition of “price cap” in subsection (1), or both. (6) A decision made under subsection (5) shall be expressed to come into operation on a specified date and the date so specified shall not be earlier than 14 days from the date on which the decision is published under subsection (8). (7) A universal postal service provider shall comply with a price cap decision and any decision made under subsection …