POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983 (1983_act_24) | IE

ISB Act 1983-07-13

Schedule 1 POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983 Open official source

FIRST SCHEDULE Election of Certain Directors

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.

ISB Act 1983-07-13

Schedule 2 POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983 Open official source

SECOND SCHEDULE Provisions Relating to Compulsory Acquisition

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.

ISB Act 1983-07-13

Schedule 3 POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983 Open official source

THIRD SCHEDULE Repeal and Revocation of Enactments

Repeal and Revocation of Enactments

Section 7.

PART I

Repeal of Statutes

Session and Chapter or Number and Year

Short Title

Extent of Repeal

26 & 27 Vict., c. 112.

Telegraph Act, 1863.

Section 9.

In section 12—

the words “The company shall not place a telegraph over, along or across a street or public road, or a post in or upon a street or public road, except with the consent of the body having the control of such street or public road; and”;

the words “or to any mansion,”;

the words “or mansion,”.

In section 13, the words from “Where any landowner” to “Provided, that”.

Section 16.

In section 23—

the words from “stating that they have” to “or public road, and”;

the words from “And they shall not” to “of such advertisement”.

Sections 25, 31, 43, 44, 46, 49, 50, 51 and 53.

29 and 30 Vict., c. 3.

Telegraph Act Amendment Act, 1866.

The whole Act.

31 & 32 Vict., c. 110.

Telegraph Act, 1868.

In section 2, the words from “and the term” to the end of the section.

Sections 4 to 8, 10, 11, 12, 14, 16, 18, 19, 20, 22, 23 and 24.

32 & 33 Vict., c. 73.

Telegraph Act, 1869.

Sections 5 and 7 to 22.

41 & 42 Vict., c. 76.

Telegraph Act, 1878.

In section 10, the word “All” at the beginning of the section.

Section 14.

45 & 46 Vict., c. 74.

Post Office (Parcels) Act, 1882.

The whole Act, except sections 1 and 14.

48 & 49 Vict., c. 58.

Telegraph Act, 1885.

The whole Act.

54 & 55 Vict., c. 38.

Stamp Duties Management Act, 1891.

Section 7.

54 & 55 Vict., c. 39.

Stamp Act, 1891.

In section 7, the word “duties” where it last occurs.

55 & 56 Vict., c. 59.

Telegraph Act, 1892.

Sections 1, 4(2), 5, 10 and 12.

60 & 61 Vict., c. 41.

Post Office and Telegraph Act, 1897.

The whole Act.

62 & 63 Vict., c. 38.

Telegraph Act, 1899.

Sections 1, 2(2) and 3.

8 Edw. 7, c. 33.

Telegraph (Construction) Act, 1908.

Section 7.

8 Edw. 7, c. 48.

Post Office Act, 1908.

Sections 1 to 4, 5(3), 10 to 17, 24, 31, 33 to 43, 45, 46, 47, 54 and 56.

In section 65 (2), the words “by order of the Revenue Commissioners”.

Paragraphs (b) and (c) of section 71(1).

Sections 82 to 86 and 88.

1 & 2 Geo. 5, c. 26

Telephone Transfer Act, 1911.

The whole Act.

1 & 2 Geo. 5, c. 39

Telegraph (Construction) Act, 1911.

Sections 4, 5 and 6(2).

3 & 4 Geo. 5, c. 11

Post Office Act, 1913.

The whole Act.

10 & 11 Geo. 5, c. 40.

Post Office Telegraph Act, 1920.

The whole Act.

No. 16 of 1924.

Ministers and Secretaries Act, 1924.

In Part I of the Schedule, the words in brackets after the reference to the Post Office Savings Bank.

No. 8. of 1927.

Telephone Capital Act, 1927.

Section 4, and any enactment insofar as it incorporates that section.

No. 10 of 1928.

Telegraph Act, 1928.

The whole Act.

No. 40 of 1936.

Air Navigation and Transport Act, 1936.

Section 54.

No. 7 of 1937.

Post Office (Evasion of Postage) Act, 1937.

In section 1, the definition of the expression “the Minister”.

No. 17 of 1951.

Post Office (Amendment) Act, 1951.

In Section 1, the definition of the expression “the Minister”.

Sections 5, 6, 8(3), 10 and 11.

No. 27 of 1953.

Telegraph Act, 1953.

The whole Act.

No. 18 of 1969.

Post Office (Amendment) Act, 1969.

The whole Act.

No. 27 of 1981.

Irish Telecommunications Investments Limited Act, 1981.

The whole Act.

No. 8 of 1983.

Irish Telecommunications Investments Limited (Amendment) Act, 1983.

The whole Act.

PART II

Revocation of Statutory Instruments

Number and year

Title

Extent of Revocation

S.R. & O. No. 1138 of 1903.

Money Order Regulations, 1903.

In regulation 20(2), the words “over the Minister for Posts and Telegraphs' telegraphs”.

S.R. & O. No. 1089 of 1905.

Postal Order (Inland) Regulations, 1905.

In regulation 8, the words “with the concurrence of the Minister for Finance”.

S.R. & O. No. 118 of 1908

Money Order Amendment (No. 2) Regulations, 1908.

In regulation 3, the words “holding office under the State”.

S.R. & O. No. 1532 of 1921.

Post Office Savings Bank Regulations, 1921.

Regulations 18(4) and 44.

In regulation 83(2), the words “by the Controller”.

Regulations 84(2), 84(3), 84(4), 87, 89, 91, 93 and 95 to 97.

S.R. & O. No. 202 of 1939.

Inland Post Warrant, 1939.

Regulations 3(1), 61 to 64 and 66.

S.I. No. 267 of 1949.

Foreign Post Warrant, 1949.

Regulations 3(12), 22, 56, 57 and 60.

S.I. No. 418 of 1953.

Foregin Parcel Post Warrant, 1953.

Regulations 3(1), 23 and 35.

S.I. No. 13 of 1958.

Road Vehicles (Registration and Licensing) Regulations, 1958.

In regulation 1(5), the words from “post office vehicle” to “Telegraphs”.

In regulation 18 (c) and 22(4)(a), the words “or a post office vehicle”.

In regulation 18 (cc), the words “and in the case of a post office vehicle — the Department of Posts and Telegraphs”.

In regulation 19 (3), the words “or in the case of a post office vehicle, on the receipt of an application from a duly authorised officer of the Department of Posts and Telegraphs”.

In regulation 22(4)(b), the words “or a post office vehicle ceases to be used as a post office vehicle”.

S.I. No. 195 of 1980.

Telephone Regulations, 1980.

Regulations 24, 25(1)(b), 25(2), 34 and 36(a).

In regulations 36(b) and 37, the words “in accordance with Regulation 34 of these Regulations”.

In regulation 40(1)(b), the words “in the Iris Oifigiúil and also”.

In regulation 41, the words from “An account prepared” to “the amount so payable”.

In regulation 42, the words from “The Minister” to “agreement” and the words “pursant to the provisions of Regulation 34 of these Regulations”.

In regulation 47, the words “pursant to Regulation 34 of these Regulations”.

Regulations 49 (2), 49 (3) and 50.

S.I. No. 196 of 1980.

Telegraph (Inland Written Telegram) Regulations, 1980.

Regulations 4(2), 24 and 43.

S.I. No. 197 of 1980.

Telex Regulations, 1980.

Regulations 11, 12(1)(b), 12(2), 17 and 19(a).

In regulations 19 and 20, the words “in accordance with Regulation 17 of these Regulations”.

In regulation 23(1)(b), the words “in the Iris Oifigiúil and also”.

In regulation 24, the words from “Any account” to “the amount so payable”.

In regulation 25, the words from “The Minister may” to “in the agreement” and the words “pursuant to Regulation 17 of these Regulations”.

In regulation 29, the words “pursuant to Regulation 17 of these Regulations”.

Regulations 31(2), 31(3) and 32.

S.I. No. 198 of 1980.

Telegraph (Foreign Written Telegram) Regulations, 1980.

In regulation 3, the definition of “the Minister”.

Regulations 18(3) and 25.

S.I. No. 45 of 1982.

District Court (Fees) Order, 1982.

In Article 6, the words “other than the Minister for Posts and Telegraphs”.

ISB Act 1983-07-13

Schedule 4 POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983 Open official source

FOURTH SCHEDULE Consequential Amendment of Enachments

Consequential Amendment of Enachments

Section 8 (1).

PART I

Amendment of Statutes

Session and Chapter or Number and Year

Short Title

Amendment

1 & 2 Vict., c. 98.

Railways (Conveyance of Mails) Act, 1838.

For references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.

For references to the Post Office or officers or servants of the Post Office there shall be substituted references to An Post or its officers or servants.

In section 4, for “Her Majesty's” there shall be substituted “its”.

In section 10, for references to the Royal Arms there shall be substituted references to the symbol of An Post.

In section 13, for references to “Her Majesty, Her Heirs and Successors” there shall be substituted references of An Post.

10 & 11 Vict., c. 85.

Post Office (Duties) Act, 1847.

In section 16, for references to the Minister for Posts and Telegraphs and to the Post Office there shall be substituted references to An Post.

20 & 21 Vict., c. 60.

Irish Bankrupt and Insolvent Act, 1857.

In section 312, for references to the Minister for Posts and Telegraphs and the officers acting under him there shall be substituted references to An Post and the officers acting under it.

24 Vict., c. 14

Post Office Savings Bank Act, 1861.

For references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.

In section 2, the words “nor of any sum not a multiple thereof” shall be deleted.

In section 3, for the words “Post Office” there shall be substituted “office designated by An Post”.

In section 5, for the words “the Office of the Minister for Posts and Telegraphs” there shall be substituted “An Post”.

In section 10, for the words “the chief office of the Minister for Posts and Telegraphs” there shall be substituted “an office designated by An Post”.

In section 11, the words “in his Department” shall be deleted.

26 Vict., c. 14.

Post Office Savings Bank Act, 1863.

In section 1, for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.

In section 3, for the words “through the Post Office” there shall be substituted “through the post”.

26 & 27 Vict., c. 87.

Trustee Savings Banks Act, 1863.

In section 48, for the words “Post Office” there shall be substituted “Post”.

26 & 27 Vict., c. 112.

Telegraph Act, 1863.

In section 2—

there shall be substituted for the words “Special Act of Parliament” the words “any enactment”; subsection (2) shall be deleted.

In section 10—

the words “has obtained consent to the placing, or by virtue of the powers of the company under this Act” shall be deleted;

there shall be inserted after the word “under” the words “over, along or across or a post in or upon”.

In section 21—

the words from “or place any work under” to “the following provisions” shall be deleted;

the following shall be substituted for paragraph (1)

“(1) Twenty-one days at least before the company proceeds to place any work under, in, upon, over, along or across any land or building they shall publish a notice describing the intended placing of such work by leaving such notice at the land or building affected;”;

the words “by virtue of the authority so conferred” in paragraphs (2) and (3) and paragraph (4) shall be deleted.

In section 22, there shall be inserted after the words “dwelling house” in the first two places where they occur the words “which is not adjoining to or near a street or public road”.

For section 24, there shall be substituted

“24.—At any time during the next twenty-one days after the publication of a notice under section 21 of this Act or after the last publication of a notice under section 23 of this Act, the owner, lessee or occupier of any land or building affected may give to the company notice of his objection to their intended works as prejudicially affecting such land or building and, if the company and the objector are unable to resolve the matter, the company shall refer it to the arbitrator.”.

In section 26, for the words “such copy of notice of objection, the Board of Trade” there shall be substituted the words “a copy of such notice of objection, the arbitrator”.

For section 27, there shall be substituted

“27.—On hearing any such objection, the arbitrator— (1) may if he sees fit award to the owner, lessee or occupier of the property affected full compensation (the amount thereof to be determined, in the case of difference, by the arbitrator) for any damage done to him, or (2) may require the company to remove its works or to make such modifications or alterations to its works or intended works as he sees fit.”.

“27.—On hearing any such objection, the arbitrator—

(1) may if he sees fit award to the owner, lessee or occupier of the property affected full compensation (the amount thereof to be determined, in the case of difference, by the arbitrator) for any damage done to him, or

(2) may require the company to remove its works or to make such modifications or alterations to its works or intended works as he sees fit.”.

In sections 28 and 29, for the words “Board of Trade” there shall be substituted the word “arbitrator”.

In section 32, for the words from “The company shall not” to “the control thereof” there shall be substituted the words “Subject to this Act, where the company intends to proceed with the placing of any work under, in, upon, over, along or across any railway or canal the depth, course and position at and in which the same is to be placed shall be settled between the company and the persons having control of the railway or canal. In the event of disagreement, the matter shall be referred to an arbitrator whose decision shall be final.”.

In section 33, for the words “the Board of Trade” there shall be substituted the words “an arbitrator”.

For section 34, there shall be substituted

“34.—The reasonable expenses and remuneration of the arbitrator (to be settled in case of difference by the Minister for Posts and Telegraphs) shall be paid by the company.”.

In section 45, for the words from “or improperly divulges” to “twenty pounds” there shall be substituted the words “he shall be guilty of an offence”.

In section 52, the words from “one week from” to the end of the section shall be deleted and the words “such emergency exists” shall be substituted.

31 & 32 Vict., c. 110.

Telegraph Act, 1868.

In sections 3, 9 and 21, for references to the Minister for Posts and Telegraphs there shall be substituted references to Bord Telecom Éireann.

In section 17, for references to the Minister for Posts and Telegraphs there shall be substituted references to Bord Telecom Éireann or An Post acting as its agent.

In section 21, for the words “employed under the Post Office” there shall be substituted “employed by Bord Telecom Éireann or An Post acting as its agent” in both places where those words occur.

31 & 32 Vict., c. 119.

Regulation of Railways Act, 1868.

In section 36, for references to the Minister for Posts and Telegraphs and the Post Office there shall be substituted references to An Post.

In section 37—

for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post; the words “by the Minister for Posts and Telegraphs or some Secretary or Assistant Secretary to the Post Office, or” shall be deleted.

32 & 33 Vict., c. 73.

Telegraph Act, 1869.

In section 4—

the words from “within” to “herein-after provided” (where those words first occur) and the words “within that kingdom” shall be deleted;

for the words “as herein-after provided” there shall be substituted “as provided by section 87 (1) of the Postal and Telecommunications Services Act, 1983”.

In section 6—

for the words from “shall, on summary conviction,” to “not exceeding five pounds” there shall be substituted “shall be guilty of an offence”;

there shall be inserted after the words “the like penalty”. the words “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 section 4 of this Act or in accordance with the terms and conditions of a licence granted by the Minister for Posts and Telegraphs under section 111 (2) of the Postal and Telecommunications Services Act, 1983.”.

In section 23, for the reference to the Post Office there shall be substituted a reference to Bord Telecom Éireann or An Post acting as its agent.

36 & 37 Vict., c. 48.

Regulation of Railways Act, 1873.

In sections 18 and 19, for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.

37 & 38 Vict., c. 73.

Post Office Savings Bank Act, 1874.

In section 2—

for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post;

the words, from “The regulations made” to the end of the section shall be deleted.

In section 3, for the words “shall be laid by the Minister for Posts and Telegraphs” there shall be substituted “shall be submitted by An Post to the Minister for Finance, who shall have it laid”.

38 & 39 Vict., c. 63.

Sale of Food and Drugs Act, 1875.

In section 16—

for the words “post office” there shall be substituted “post”;

for “regulations” there shall be substituted “schemes”;

for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

39 & 40 Vict., c. 36.

Customs Consolidation Act, 1876.

In section 215, as amended by section 7 of the Revenue Act, 1889, for references to the Minister for Posts and Telegraphs and the Post Office there shall be substituted references to An Post.

39 & 40 Vict., c. 52.

Savings Banks (Barrister) Act, 1876.

In section 2, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

41 & 42 Vict., c. 76.

Telegraph Act, 1878.

In sections 2 to 5, 8, 12 and 13, for references to the Minister for Posts and Telegraphs there shall be substituted references to Bord Telecom Éireann.

In section 3, there shall be deleted the words “a street or public road, or”, the words from “or where any proprietors” to “such railway or canal,”, the words “proprietors, lessees, directors or persons (as the case may be),” and the words “proprietors, lessees, directors or persons”.

In section 4, the words from “or having power” to “a street or public road” shall be deleted.

In sections 6, 7 and 9, for references to the Minister for Posts and Telegraphs or his agents there shall be substituted references to Bord Telecom Éireann or its agents.

In section 7 (8), for the words “post-master or sub-postmaster of the postal telegraph office” there shall be substituted “officer in charge of the office of Bord Telecom Éireann”.

In section 12—

for the words from “a secretary or assistant secretary” to “for the purpose by the Minister for Posts and Telegraphs” there shall be substituted “an officer of Bord Telecom Éireann”;

for the words from “the General Post Office” to “assistant secretary of the Department of Posts and Telegraphs” there shall be substituted “an office designated by Bord Telecom Éireann”;

for the words “the superintending engineer of the Minister for Posts and Telegraphs” there shall be substituted “the district manager”.

43 & 44 Vict., c. 36.

Savings Banks Act, 1880.

In section 4, for the words “with the consent of the Minister for Posts and Telegraphs” there shall be substituted “in consultation with An Post”.

In section 5, for the reference to the Minister for Posts and Telegraphs in the definition of the expression “savings banks authority” there shall be substituted a reference to An Post.

45 & 46 Vict., c. 74.

Post Office (Parcels) Act, 1882.

In section 14, for references to the Minister for Posts and Telegraphs and to the Post Office there shall be substituted references to An Post.

46 & 47 Vict., c. 47.

Provident Nominations and Small Intestacies Act, 1883.

In section 2—

for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post;

for the reference to the General Post Office there shall be substituted a reference to an office designated by An Post.

47 & 48 Vict., c. 76.

Post Office (Protection) Act, 1884.

In section 11—

for the words from “a misdemeanour” to “two hundred pounds” there shall be substituted the words“an offence”;

the words “a post office, or” and “the post office or” shall be deleted.

50 & 51 Vict., c. 40.

Savings Banks Act, 1887.

In section 1, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

53 & 54 Vict., c. 59.

Public Health Acts Amendment Act, 1890.

In section 15 (1), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to Bord Telecom Éireann.

54 & 55 Vict., c. 21.

Savings Banks Act, 1891.

In section 12 (2), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

55 & 56 Vict., c. 59.

Telegraph Act, 1892.

In sections 4, 6 and 9, for references to the Minister for Posts and Telegraphs there shall be substituted references to Bord Telecom Éireann.

In section 4(1)—

there shall be inserted after the word “required” where it occurs for the first time the words “or any road authority or persons having control over any railway or canal with whom the placing of the telegraphic line would have been required to be settled”;

there shall be inserted after the word “building” the words “railway or canal”;

there shall be inserted after the word “consent” where it occurs “or were otherwise a difference”.

56 & 57 Vict., c. 38.

Conveyance of Mails Act, 1893.

For references to the Minister for Posts and Telegraphs and the Post Office there shall be substituted references to An Post.

In section 1, the words “or under the Post Office (Parcels) Act, 1882,” and the words from “and this provision” to the end of the section shall be deleted.

In section 2 (3), for the words “who is at the time either Minister for Posts and Telegraphs or a secretary or assistant secretary of the Post Office or the Inspector General of Mails” there shall be substituted “who is so authorised by An Post”.

62 & 63 Vict., c. 38.

Telegraph Act, 1899.

In section 2 (1), after the words “the Minister for Posts and Telegraphs” there shall be inserted “or Bord Telecom Éireann”.

4 Edw. 7, c. 8.

Savings Banks Act, 1904.

For references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.

8 Edw. 7, c. 8.

Post Office Savings Bank Act, 1908.

In sections 1, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

8 Edw. 7, c. 33.

Telegraph (Construction) Act, 1908.

In sections 3 and 5, for references to the Minister for Posts and Telegraphs there shall be substituted references to Bord Telecom Éireann.

8 Edw. 7, c. 48.

Post Office Act, 1908.

In sections 18, 19, 21, 23, 25, 27, 32, 49 (1), 64, 74, 79 (4), 80 and 81 (1), for references to the Minister for Posts and Telegraphs or officers of the Minister there shall be substituted references to An Post or its officers.

In sections 8, 9, 23, 26, 27, 28, 30, 32, 50, 51, 53, 55, 63 (1) and 87, for references to the Post Office or officers of the Post Office there shall be substituted references to An Post or its officers.

References to Post Office regulations or to any warrant or regulations made under the Act shall be construed as references to a scheme made under section 70 of the Postal and Telecommunications Services Act, 1983.

In sections 44 (1), 48, 49 (2), 49 (3), 62 (1), 66, 73 and 76, for references to the Minister for Posts and Telegraphs or officers of the Minister there shall be substituted references to An Post or Bord Telecom Éireann or their officers, as the case may require.

In sections 44 (1), 58, 67, 73 and 78, for references to the Post Office or officers of the Post Office there shall be substituted references to An Post or Bord Telecom Éireann or their officers, as the case may require.

In sections 7 (1), 74 and 87, references to “this Act” shall be construed as including the Postal and Telecommunications Services Act, 1983.

In section 7 (1), for the words “in like manner” to the end of the subsection there shall be substituted “in any court of competent jurisdiction as if it were a simple contract debt”.

In section 9—

the words “, British colonial,” shall be deleted and after the word “foreign” there shall be inserted “postal administration”;

for the words from “as postage” to the end of the section there shall be substituted “as if it were a simple contract debt”.

In section 21—

for the reference to the General Post Office in Dublin there shall be substituted a reference to the registered office of An Post;

the words “not exceeding twenty-five pence” shall be deleted.

In section 23 (1), there shall be deleted the words “So long as the Minister for Finance sees fit,” and “for the use of the State” and the words from “and all poundage” to the end of the subsection.

In section 23 (3), the words “or the Post Office Revenue, or the Central Fund,” shall be deleted.

In section 23, there shall be inserted the following subsection

“(5) For the purposes of this section the expression ‘money order’ shall include a postal order.”.

In section 50, after paragraph (b), there shall be inserted the following paragraph:—

“(bb) steals a postal packet from a mail box; or”.

In section 50 (c), after the words “by post”, there shall be inserted “or in a mail box”.

After section 53 there shall be inserted the following new section:—

“53A—Any person who unlawfully and maliciously damages or interferes with a mail box shall be guilty of an offence.”.

In section 62 (1), after the words “in or on” there shall be inserted “or in association or conjunction with”.

In section 62 (2), for the words from “shall be liable” to “shillings” there shall be substituted “shall be guilty of an offence”.

In section 63 (3), for the words “in the Post Office” there shall be substituted “by An Post”.

In section 66 (1) (a), the word “postal” before “telegraph office” shall be deleted.

In section 67, after the words “post office” there shall be inserted “or office of Bord Telecom Éireann”.

In section 73, the words “, without in either case naming the person who is Minister for Posts and Telegraphs,” shall be deleted.

In section 79 (4), the words “Scotland or” and “out of moneys provided by Parliament” shall be deleted.

In section 81 (2)—

for the words “the Minister for Posts and Telegraphs or any secretary or assistant secretary of the Post Office” there shall be substituted “an authorised officer of An Post”;

for the second reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

In section 87, at (b) of the proviso, the words “not exceeding the maximum amount fixed by this Act for postal orders,” shall be deleted.

In section 89—

in the definition of the expression “postage”, for the word “duty” there shall be substituted “sum”;

the definition of the expression “inland” shall be deleted;

in the definition of the expression “mail”, for the reference to the Post Office there shall be substituted a reference to An Post;

in the definition of the expression “officer of the Post Office”, for the references to the Post Office and the second reference to the Minister for Posts and Telegraphs there shall be substituted references to An Post and the words “the Minister for Posts and Telegraphs, and” shall be deleted;

there shall be inserted a new definition as follows

“The expression ‘officer of Bord Telecom Éireann’ includes any person employed in any business of Bord Telecom Éireann whether employed by Bord Telecom Éireann or by any person under it or on its behalf:”;

in the definition of the expression “post office”, for the reference to the Post Office there shall be substituted a reference to An Post;

in the definition of the expression “post office letter box”, for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post;

for the definition of the expression “the purpose of the Post Office”, there shall be substituted the following

“The expression ‘the purpose of An Post’ means any purpose of any of the Post Office Acts or of any Acts for the time being in force relating to money orders, telegraphs or Post Office savings banks, and includes any purpose relating to or in connection with the execution of the duties for the time being undertaken by An Post or any of its officers:”;

the definition of the expression “Post Office regulations” shall be deleted;

there shall be inserted a new definition as follows

“The expression ‘the purpose of Bord Telecom Éireann’ means any purpose of any of the Post Office Acts or of any Acts for the time being in force relating to telegraphs and includes any purpose relating to or in connection with the execution of the duties for the time being undertaken by Bord Telecom Éireann or any of its officers:”.

In section 90 (c), after the words “that person's postal packets,” there shall be inserted “or under an arrangement authorised under the provisions of section 65 of the Postal and Telecommunications Services Act, 1983,”.

9 Edw. 7, c. 20.

Telegraph (Arbitration) Act, 1909.

In section 1—

for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to Bord Telecom Éireann;

there shall be inserted after the word “licence” the words “granted by Bord Telecom Éireann”;

there shall be inserted after the word “agreement” the words “to which Bord Telecom Éirann is a party”.

1 & 2 Geo. 5, c. 39.

Telegraph (Construction) Act, 1911.

In sections 1, 2 and 3, for references to the Minister for Posts and Telegraphs there shall be substituted references to Bord Telecom Éireann.

1 & 2 Geo. 5, c. 48.

Finance Act, 1911.

In section 20, for the references to the Minister for Posts and Telegraphs there shall be substituted a references to An Post.

3 & 4 Geo. 5, c. 27.

Forgery Act, 1913.

In section 18 (1), for references to the Post Office money orders and postal orders in the definition of “revenue paper”, there shall be substituted a reference to money orders and postal orders issued by An Post.

6 & 7 Geo. 5, c. 40.

Telegraph (Construction) Act, 1916.

In section 1, 2 and 4, for references to the Minister for Posts and Telegraphs there shall be substituted references to Bord Telecom Éireann.

6 & 7 Geo. 5, c. 50.

Larceny Act, 1916.

In section 12 and 18, for the references to the Post Office there shall be substituted references to An Post.

10 & 11 Geo. 5, c. 12.

Savings Bank Act, 1920.

In section 3, 6 and 10, for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.

In section 6(1), after the word “laid” there shall be substituted the words “by the Minister for Finance”.

No. 12 of 1923.

Electoral Act, 1923.

In rule 3 (5) of the Fourth Schedule, for the references to the post office date stamp there shall be substituted a references to the date stamp of An Post.

In rule 1 (2) of the Fifth Schedule, as amended by the Electoral Act, 1963, for the reference to post office notices there shall be substituted a reference to notices of An Post.

No. 38 of 1923.

Prevention of Electoral Abuses Act, 1923.

In section 50 (1), for the words “regulations to be made from time to time by the Minister for Posts and Telegraphs” there shall be substituted “such conditions as may be determined by An Post”.

In section 50 (2), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

No. 17 of 1925.

Firearms Act, 1925.

In section 19, for the reference to the Minister for Posts and Telegraphs there shall be substituted reference to An Post.

No. 26 of 1925.

Shannon Electricity Act, 1925.

In section 17, for the reference to the Minister for Posts and Telegraphs and the Department of Posts and Telegraphs there shall be substituted reference to An Post or Bord Telecom Éireann, as the case may require.

No. 28 of 1925.

Finance Act, 1925.

In sections 37 (3) and 37 (5), for references to the Post Office and the Minister for Posts and Telegraphs there shall be substituted references to An Post.

No. 27 of 1927.

Electricity (Supply) Act, 1927.

In section 112, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to Bord Telecom Éireann.

No. 27 of 1931.

Betting Act, 1931.

In sections 23 and 29, for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post or Bord Telecom Éireann.

In section 34 (1), for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.

In section 34 (2), for the words “the Minister for Posts and Telegraphs” there shall be substituted “Bord Telecom Éireann or An Post acting as its agent”.

In section 34 (2), for the word “him” there shall be substituted the words “Bord Telecom Éireann or An Post”.

No. 2 of 1932.

Road Transport Act, 1932.

In section 24 (3), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

No. 8 of 1933.

Road Transport Act, 1933.

In sections 2 and 66 (2), for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.

No. 38 of 1934.

Electricity (Supply) (Amendment) (No. 2) Act, 1934.

In section 9, for “the Minister for Posts and Telegraphs” and “the Department of Posts and Telegraphs” there shall be substituted “An Post or Bord Telecom Éireann, as the case may be”.

No. 54 of 1936.

Liffey Reservoir Act, 1936.

In sections 14 and 27, for “the Minister for Posts and Telegraphs” and “the Department of Posts and Telegraphs” there shall be substituted “An Post or Bord Telecom Éireann, as the case may be”.

No. 7 of 1937.

Post Office (Evasion of Postage) Act, 1937.

In sections 3, 4 and 5, for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.

In section 5, the reference to any warrant or regulations made under the Post Office Act, 1908 shall be construed as a reference to a scheme made under section 70 of the Postal and Telecommunications Services Act, 1983.

No. 30 of 1937.

Seanad Electoral (University Members) Act, 1937.

In section 28, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

In rule 5 of the Second Schedule, for the references to the post office date stamp there shall be substituted a references to the date stamp of An Post.

No. 32 of 1937.

Presidential Elections Act, 1937.

In section 34 (1), for the words “regulations made under this section by the Minister for Posts and Telegraphs” there shall be substituted “such conditions as may be determined by An Post”.

In section 34 (3), for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.

In section 34 (4), for the words “Regulations made by the Minister for Posts and Telegraphs under this section may make provision” there shall be substituted “Such conditions as may be determined by An Post may require”.

No. 4 of 1938.

Shops (Conditions of Employment) Act, 1938.

In section 4 (2) (b), for references to the Minister for Posts and Telegraphs and Post Office there shall be substituted references to An Post.

No. 14 of 1940.

Finance Act, 1940.

In section 30, for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.

In section 31 (3) (e), (f) and (g), for references to the Minister for Posts and Telegraphs there shall be substituted references to the Minister for Finance.

No. 8 of 1942.

Referendum Act, 1942.

In rules 3 and 4 of the First Schedule, for references to the Minister for Posts and Telegraphs and the Post Office there shall be substituted references to An Post.

No. 14 of 1942.

Finance Act, 1942.

In section 23—

paragraphs (b) and (c) of subsection (1) shall be deleted;

in subsection (3), for the words from “The Minister for Posts and Telegraphs” to “Minister for Finance” there shall be substituted “The Minister for Finance may by order”.

No. 22 of 1942.

Central Bank Act., 1942.

In section 56 (5), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

No. 21 of 1944.

Transport Act, 1944.

In section 109 (1), for “the Minister for Posts and Telegraphs” there shall be substituted “An Post or Bord Telecom Éireann, as the case may be”.

No. 12 of 1945.

Electricity (Supply) (Amendment) Act., 1945.

In section 44, for “the Minister for Posts and Telegraphs” in both places where that expression occurs and “the Department of Posts and Telegraphs” there shall be substituted “An Post or Bord Telecom Éireann, as the case may be”.

No. 10 of 1946.

Turf Development Act, 1946.

In section 26, for “the Minister for Posts and Telegraphs” and “the Department of Posts and Telegraphs” there shall be substituted “An Post or Bord Telecom Éireann, as the case may be”.

No. 42 of 1947.

Seanad Electoral (Panel Members) Act, 1947.

In section 84, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

In rule 6 of the First Schedule and in rule 6 of the Third Schedule, for references to the post office date stamp there shall be substituted references to the date stamp of An Post.

No. 12 of 1950.

Transport Act, 1950.

In sections 26 (4) and 64 (1), for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.

In section 62, for references to the Minister for Posts and Telegraphs there shall be substituted references to Bord Telecom Éireann.

In section 63, for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post or Bord Telecom Éireann, as the case may require.

No. 17 of 1951.

Post Office (Amendment) Act, 1951.

For references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.

In section 9 (3), for the references to the General Post Office in Dublin there shall be substituted a reference to the registered office of An Post.

In section 12 (3), the word “postal” shall be deleted.

For section 13 (1), there shall be substituted

“(1) A person who— (a) sends, by means of the telecommunications system operated by Bord Telecom Éireann, any message or other matter which is grossly offensive or of an indecent, obscene or menacing character, whether addressed to an operator or any other person, or (b) sends by those means, for the purpose of causing annoyance, inconvenience or needless anxiety to another, a message which he knows to be false or persistently makes use of those means for that purpose, shall be guilty of an offence.”.

“(1) A person who—

(a) sends, by means of the telecommunications system operated by Bord Telecom Éireann, any message or other matter which is grossly offensive or of an indecent, obscene or menacing character, whether addressed to an operator or any other person, or

(b) sends by those means, for the purpose of causing annoyance, inconvenience or needless anxiety to another, a message which he knows to be false or persistently makes use of those means for that purpose,

shall be guilty of an offence.”.

No. 1 of 1952.

Undeveloped Areas Act, 1952.

In Article 12 of the Second Schedule, for “the Minister for Posts and Telegraphs” and “the Department of Posts and Telegraphs” there shall be substituted “An Post or Bord Telecom Éireann, as the case may be”.

No. 30 of 1954.

Exchange Control Act, 1954.

In section 18 (2), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

No. 2 of 1956.

Gaming and Lotteries Act, 1956.

In section 49 (1), for “The Minister for Posts and Telegraphs”there shall be substituted “An Post or Bord Telecom Éireann, as the case may require”.

No. 19 of 1958.

Transport Act, 1958.

In section 3, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

No. 23 of 1958.

Savings Banks Act, 1958.

In section 1, in the definition of the expression “the Minister” for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to the Minister for Finance.

In section 5 (2), the words “for Finance” shall be deleted and after “1861” there shall be inserted “by An Post with the consent of the Minister”.

No. 23 of 1963.

Finance Act, 1963.

In section 33, for the reference to the Post Office there shall be substituted a reference to An Post.

No. 6 of 1967.

Income Tax Act, 1967.

In section 175 (3), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

No. 39 of 1976.

Wildlife Act, 1976.

In section 53 (4), for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.

No. 30 of 1977.

European Assembly Elections Act, 1977.

In section 20 (2), for the reference to the Minister for Posts and Telegraphs, there shall be substituted a reference to An Post.

In rules 18 (1) and 18 (2) of the First Schedule, for references to the Minister for Posts and Telegraphs there shall be substituted references to An Post.

In rule 26 (4) of the First Schedule, for the reference to the post office date stamp there shall be substituted a reference to the date stamp of An Post.

No. 40 of 1979.

Payment of Wages Act, 1979.

In section 3 (3) (d), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

No. 16 of 1980.

Sale of Goods and Supply of Services Act, 1980.

In section 48 (4), for the words “telephone directory” there shall be substituted the word “directories” and for the reference to the Department of Posts and Telegraphs there shall be substituted a reference to Bord Telecom Éireann.

No. 1 of 1981.

Social Welfare (Consolidation) Act, 1981.

In sections 112 (1) and 232(2), for the words “with the consent of the Minister for Posts and Telegraphs” there shall be substituted “in consultation with An Post” and for references to the Post Office there shall be substituted references to An Post.

In section 170, for the words “in conjunction with the Minister for Posts and Telegraphs” there shall be substituted “in consultation with An Post” and for references to the Post Office there shall be substituted references to An Post.

In sections 189 (2) and 248, for the words “with the consent of the Minister for Posts and Telegraphs” there shall be substituted “in consultation with An Post”.

In section 234 (b) (v), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to Bord Telecom Éireann.

In section 249, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An post.

No. 9 of 1981.

Malicious Injuries Act, 1981.

In section 12 (3), for the words “post office money orders” there shall be substituted “money orders issued by An Post”.

No. 30 of 1981.

Fire Services Act, 1981.

In section 12, for references to the Minister for Posts and Telegraphs there shall be substituted references to Bord Telecom Éireann.

FOURTH SCHEDULE

PART II

Amendment of Statutory Instruments

Number and Year

Title

Amendment

—

Foreign Parcels (Customs) Warrant, 1885.

For references to the Minister for Posts and Telegraphs and the Post Office there shall be substituted references to An Post.

S.R. & O. No. 1138 of 1903.

Money Order Regulations, 1903.

In regulation 3(3)(a), for the reference to £50 there shall be substituted a reference to £100.

In regulation 4, for the reference to the Chief Money Order Office in London there shall be substituted a reference to a nominated office of An Post; for the words from “authorised” to “thereunder” there shall be substituted “fixed by schemes of Bord Telecom Éireann”.

In regulation 9, for the reference to the Chief Money Order Office in London there shall be substituted a reference to a nominated office of An Post.

In regulation 16, for the words “the Minister for Posts and Telegraphs” there shall be substituted “such officer of An Post as is nominated for the purpose of this regulation”.

In regulations 23(d), 27, 28(2)(b) and 28(4), for the words from “the Telegraph Acts” to “thereunder” there shall be substituted “schemes made by Bord Telecom Éireann”.

In regulation 28(5), for the words “the post office” there shall be substituted “An Post or Bord Telecom Éireann”.

In regulation 28(6), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post or Bord Telecom Éireann.

In regulation 29, for the reference to the Accountant, General Post Office, Dublin there shall be substituted a reference to an authorised officer of An Post.

S.R. & O. No. 1089 of 1905.

Postal Order (Inland) Regulations, 1905.

In regulation 3, the words “holding office under the State” shall be deleted and there shall be inserted after the word “officers” the words “or persons”.

In regulation 17, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to such officer of An Post as is nominated for the purpose.

S.R. & O. No. 118 of 1908.

Money Order Amendment (No. 2) Regulations, 1908.

In regulation 5, for the reference to the office of the Post Office Accountant in Dublin there shall be substituted a reference to a nominated office of An Post.

S.R. & O. No. 524 of 1914.

Inland Revenue and Post Office (Powers and Duties) Order, 1914.

For the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

S.R. & O. No. 1532 of 1921.

Post Office Savings Bank Regulations, 1921.

For references to the Post Office, where they occur other than in the expression “Post Office Savings Bank”, there shall be substituted references to An Post.

For references to the Controller of the Post Office Savings Bank (except in regulation 29 (2)) there shall be substituted references to a nominated officer of An Post.

In regulation 2, the following shall be inserted: “The expression ‘postmaster’ includes an officer in charge of a Savings Bank office.”.

In regulation 4 (1) (b), for the words “Post Offices which the Minister for Posts and Telegraphs” there shall be substituted “offices which An Post”.

Regulation 4 (2) (4) shall be deleted.

In regulation 12 (2), for the words “the Minister for Posts and Telegraphs” there shall be substituted “the Minister for Finance after consultation with An Post”.

In regulation 29 (1), for the reference to £50 there shall be substituted a reference to £100.

In regulation 29 (2), the words “the Controller of the Post Office Savings Bank, or by” and “other” shall be deleted.

In regulation 52, for the words from “the Telegraph Acts” to “there-under” there shall be substituted “a scheme made by Bord Telecom Éireann”.

S.R. & O. No. 2001 of 1921.

Old Age Pensions Consolidated Regulations, 1921.

In regulation 30, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

S.R. & O. No. 31 of 1925.

Revenue and Post Office (Powers and Duties) (No. 2) Order, 1925.

In Article 3, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

—

Savings Certificates Rules, 1926.

For references to the Minister for Posts and Telegraphs there shall be substituted references, to An Post, save in rules 4 and 46, where there shall be substituted references to the Minister for Finance.

For references to the Accountant, Department of Posts and Telegraphs there shall be substituted references to a nominated officer of An Post.

—

In rule 2—

for the words “the Minister for Posts and Telegraphs” there shall be substituted “An Post with the consent of the Minister for Finance”;

the following shall be inserted

“The expression ‘An Post’, for the purposes of rules 7, 10, 11 and 42, includes other agents authorised to transact Savings Certificates business.”.

In rule 4, for the reference to officers of the Department of Posts and Telegraphs there shall be substituted a reference to officers of An Post.

In rule 46 (5), for the words “nor the Minister for Posts and Telegraphs” there shall be substituted “nor An Post”

S.R. & O. No. 202 of 1939.

Inland Post Warrant, 1939.

In regulation 16, for the reference to the General Post Office, Dublin there shall be substituted a reference to the registered office of An Post.

In entry number 4 in column 1 of the First Schedule, for the reference to the General Post Office there shall be substituted a reference to the registered office of An Post.

S.R. & O. No. 336 of 1940.

Trustee Savings Banks Regulations, 1940.

In regulation 8 (1), for the reference to the Department of Posts and Telegraphs there shall be substituted a reference to the Department of Finance.

In regulations 9, 10, 11 and 12, for references to the Secretary of the Department of Posts and Telegraphs there shall be substituted references to the Secretary of the Department of Finance.

S.R. & O. No. 363 of 1940.

Savings Certificates (Fees on Determination of Disputes) Order, 1940.

In Article 3, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

S.R. & O. No. 152 of 1943.

Insurance (Intermittent Unemployment) (Powers in relation to Supplementary Insurance Stamps) Order, 1943.

In Article 2, for the words “the Minister for Posts and Telegraphs to the exclusion of” there shall be substituted “An Post concurrently with”.

S.R. & O. No. 434 of 1943.

Intermittent Unemployment (Supplementary Insurance Stamps) Regulations, 1943.

In the Schedule, under the heading for the Stamp Duties Management Act, 1891—

for references to the Minister for Posts and Telegraphs and the Department of Posts and Telegraphs there shall be substituted references to An Post;

in the entry for section 18, for the words “he may by warrant under his hand” there shall be substituted “it may, subject to section 69 (8) of the Postal and Telecommunications Services Act, 1983,”.

S.R. & O. No. 137 of 1947.

Customs-Free Airport (Customs and Excise) Regulations, 1947.

In regulation 13, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

S.I. No. 170 of 1948.

Infectious Diseases (Shipping) Regulations, 1948.

In regulation 35, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

S.I. No. 320 of 1949.

Wireless Telegraphy (Business Radio Licence) Regulations, 1949.

In the First Schedule and in paragraph 14 (3) of the Second Schedule, for the words “the Minister's privileges under the Telegraph Acts, 1863-1928” there shall be substituted “the privilege of Bord Telecom Éireann under section 87 of the Postal and Telecommunications Services Act, 1983”.

S.I. No. 37 of 1957.

Newspapers (Special Service for Conveyance by Post Office Mail Vans) Warrant, 1957.

In regulation 3—

the words from “‘the Minister’ means” to “Posts and Telegraphs” and the words “with the consent of the Minister for Finance pursuant to the Post Office Act, 1908” shall be deleted;

for the reference to Post Office mail vans there shall be substituted a reference to mail vans of An Post.

In regulation 5, for the reference to a Post Office starting point of the mail motor vans there shall be substituted a reference to a starting point designated by An Post for mail motor vans.

S.I. No. 236 of 1957.

Savings Certificates (Savings Gift Tokens) Rules, 1957.

In rule 2 (1), for the words “at a Post Office approved of by the Minister for Posts and Telegraphs” there shall be substituted “at an office of An Post approved by the Minister for Finance”.

In rule 2 (2), for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

In rule 3—

for the reference to officers of the Department of Posts and Telegraphs there shall be substituted a reference to officers of An Post;

for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to the Minister for Finance.

S.I. No. 128 of 1965.

Local Elections Regulations, 1965.

In regulation 33 (6), for the reference to the Post Office date stamp there shall be substituted a reference to the date stamp of An Post.

S.I. No. 19 of 1966.

Savings Banks (Disputes) Order, 1966.

In the Schedule, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to An Post.

S.I. No. 228 of 1968.

Trustee Savings Banks Regulations, 1968.

In regulations 3 and 5, for references to the Minister for Posts and Telegraphs there shall be substituted references to the Minister.

In regulations 7, 8 and 9, for references to the Secretary of the Department of Posts and Telegraphs there shall be substituted references to the Secretary of the Department of Finance.

S.I. No. 67 of 1974.

Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations, 1974.

In Article 6 of the Schedule, for the reference to the Minister for Posts and Telegraphs there shall be substituted a reference to Bord Telecom Éireann.

S.I. No. 32 of 1979.

Misuse of Drugs Regulations, 1979.

In Article 11, for the reference to the Minister for Posts and Telegraphs, there shall be substituted a reference to An Post.

S.I. No. 195 of 1980.

Telephone Regulations, 1980.

In regulation 4, in the following definitions—

“call office”, for the expression “the Minister”, there shall be substituted “Bord Telecom Éireann or An Post, as the case may require”;

“certified”, for the words “the Minister or by a duly authorised officer of the Department of Posts and Telegraphs”, there shall be substituted “an officer of Bord Telecom Éireann” and the words “and any such certificate shall be prima facie evidence of the matter certified” shall be deleted;

for the definition of “coin-box” there shall be substituted: “‘coin-box’ means a receptacle for coins connected to a telephone instrument which is connected to an exchange line provided under an agreement;”;

the following definition shall be inserted

“‘fixtures and accessories’ means fixtures and accessories supplied by Bord Telecom Éireann in connection with an exchange line or private telephone circuit supplied by it;”;

the definition of “the Minister” shall be deleted.

At the end of regulation 26 (1), there shall be inserted the following—

“provided that the foregoing shall not operate to prevent licensees of the Minister for Posts and Telegraphs from connecting type-approved apparatus to the connecting point of the telegraphic line supplied by Bord Telecom Éireann”.

In regulation 54—

for “the Minister” there shall be substituted “Bord Telecom Éireann or An Post, as the case may require”;

for references to “a Post Office” there shall be substituted references to “an office of An Post or Bord Telecom Éireann or of an agent of either company”;

for “an officer of the Post Office” there shall be substituted “an officer of An Post or Bord Telecom Éireann”.

S.I. No. 196 of 1980.

Telegraph (Inland Written Telegram) Regulations, 1980.

In regulation 3—

in the definition of “overnight telegram” for references to the Minister there shall be substituted references to Bord Telecom Éireann or An Post acting as its agent;

the definition of “the Minister” shall be deleted.

In regulation 11, for the reference to the Minister there shall be substituted a reference to Bord Telecom Éireann with the consent of An Post.

In regulation 22, for “the Secretary of the Department of Posts and Telegraphs, Dublin 1,” there shall be substituted “Bord Telecom Éireann or An Post, as the case may require”.

In regulation 25, for the words from “the Minister” to “as he” there shall be substituted “Bord Telecom Éireann or An Post acting as its agent and subject to such directions (if any) as it”.

In regulation 30 (c), for the word “Postmaster” there shall be substituted “officer-in-charge”.

In regulations 33, 35 and 37, for “the Minister” there shall be substituted “Bord Telecom Éireann or An Post, as the case may require”.

In regulation 40 (3) (b), for the reference to the General Post Office in Dublin there shall be substituted a reference to the registered office of An Post.

S.I. No. 197 of 1980.

Telex Regulations, 1980.

In regulation 4—

in the definition of “certified”, for “The Minister” there shall be substituted “an officer of Bord Telecom Éireann”;

the following shall be inserted

“‘fixtures and accessories’ means fixtures and accessories supplied by Bord Telecom Éireann in connection with an installation supplied by it;”;

the definition of “the Minister” shall be deleted.

At the end of regulation 13 (2), there shall be inserted the following

“provided that the foregoing shall not operate to prevent licensees of the Minister for Posts and Telegraphs from connecting type-approved sending and receiving apparatus to the connecting point of a telex line supplied by Bord Telecom Éireann”.

In regulation 35 (2), there shall be inserted after the word “installation” the words “or sending and receiving apparatus supplied by a licensee of the Minister for Posts and Telegraphs”.

In regulation 36 (1), there shall be inserted after the word “thereof” the words “or sending and receiving apparatus supplied by a licensee of the Minister for Posts and Telegraphs”.

In regulation 36 (2), there shall be inserted after the word “installation” the words “or sending and receiving apparatus supplied by a licensee of the Minister for Posts and Telegraphs”.

S.I. No. 198 of 1980.

Telegraph (Foreign Written Telegram) Regulations, 1980.

In regulations 5 (3), 5 (4) (b) and 10, for references to the Minister there shall be substituted references to Bord Telecom Éireann or An Post acting as its agent.

In regulation 6, for the words “the Department” there shall be substituted “Bord Telecom Éireann or An Post”.

In regulation 13—

for the words “may be” there shall be substituted “which are”;

for the words “, recognised for the purposes of these Regulations by the Minister. They” there shall be substituted “to which the Geneva Conventions of 1949 relate”.

In regulations 15 and 16, for references to the Minister there shall be substituted references to Bord Telecom Éireann with the consent of An Post.

In Regulation 18 (1), after the word “addressed” there shall be inserted the words “by an authorised representative and only”.

S.I. No. 8 of 1982.

Wireless Telegraphy (Personal Radio Licence) Regulations, 1982.

In regulation 17, for the words “the Minister's privileges under the Telegraph Acts, 1863 to 1953” there shall be substituted “the privilege of the Minister under section 4 of the Telegraph Act, 1869, or the privilege of Bord Telecom Éireann under section 87 of the Postal and Telecommunications Services Act, 1983”.

S.I. No. 321 of 1982.

Misuse of Drugs (Safe Custody) Regulations, 1982.

In Article 4 (2) (d), for the reference to the Minister for Posts and Telegraphs, there shall be substituted a reference to An Post.

POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983

Statutory Text (4 Articles)

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