Communications Regulation (Postal Services) Act 2011 (2011_act_21) | IE

ISB Act 2011-08-02

Schedule 1 Communications Regulation (Postal Services) Act 2011 Open official source

SCHEDULE 1 Repeals and Revocations

SCHEDULE 1

Repeals and Revocations

Section 4.

PART 1 Repeals

PART 1

Repeals

Item

Session and Chapter or Number and Year

Short Title

Extent of repeal

(1)

(2)

(3)

(4)

1

1 & 2 Vict., c. 98

Railways (Conveyance of Mails) Act 1838

The whole Act.

2

10 & 11 Vict., c. 85

Post Office (Duties) Act 1847

The whole Act.

3

31 & 32 Vict., c. 119

Regulation of Railways Act 1868

Sections 36 and 37.

4

36 & 37 Vict., c. 48

Regulation of Railways Act 1873

Sections 18, 19 and 20.

5

38 & 39 Vict., c. 63

Sale of Food and Drugs Act 1875

Section 16.

6

56 & 57 Vict., c. 38

Conveyance of Mails Act 1893

Sections 2 and 3.

7

8 Edw. 7, c. 48

Post Office Act 1908

Sections 5, 7, 8, 9, 19, 20, 21, 22, 26, 27, 28, 29, 30, 32, 44, 48, 51, 53, 53A, 55, 57, 61, 62, 63, 64, 65, 66, 67 (in so far as it relates to An Post or officers of An Post), 68, 69, 70(3), 72, 74, 75, 78, 79, and 81.

8

No. 40 of 1936

Air Navigation and Transport Act 1936

Section 67.

9

No. 7 of 1937

Post Office (Evasion of Postage) Act 1937

The whole Act.

10

No. 21 of 1944

Transport Act 1944

Section 53(1)(c).

11

No. 17 of 1951

Post Office (Amendment) Act 1951

Sections 9(3) and 12.

12

No. 19 of 1958

Transport Act 1958

Section 3.

13

No. 24 of 1983

Postal and Telecommunications Services Act 1983

Sections 5(2), 64, 66, 70 (in so far as it relates to schemes as respects the provision of postal services), 71, 72, 74, 75, 82, 83 and 84.

PART 2 Revocations

PART 2

Revocations

Item

Number and year

Citation

Extent of revocation

(1)

(2)

(3)

(4)

1

S.I. No. 616 of 2002

European Communities (Postal Services) Regulations 2002

The whole instrument.

2

S.I. No. 135 of 2008

European Communities (Postal Services) (Amendment) Regulations 2008

The whole instrument.

ISB Act 2011-08-02

Schedule 2 Communications Regulation (Postal Services) Act 2011 Open official source

SCHEDULE 2 Amendments to other enactments

SCHEDULE 2

Amendments to other enactments

Section 5.

Item

Session & Chapter or Number and year

Short title

Amendment

(1)

(2)

(3)

(4)

1

8 Edw. 7, c. 48

Post Office Act 1908

(a) In section 73(1) delete “mail bag, postal packet,” in each place where it occurs. (b) In section 89 substitute the following for the definition of the expression “mail bag”: “The expression ‘mail bag’ has the same meaning as in the Communications Regulation (Postal Services) Act 2011:”. (c) In section 89 substitute the following for the definition of the expression “postal packet”: “The expression ‘postal packet’ has the same meaning as in the Communications Regulation (Postal Services) Act 2011:”. (d) In section 89 substitute the following for the definition of the expression “post office”: “The expression ‘post office’ has the same meaning as in the Communications Regulation (Postal Services) Act 2011:”. (e) In section 89 substitute the following for the definition of the expression “post office letter box”: “The expression ‘post office letter box’ shall be construed as a reference to a post box within the meaning of the Communications Regulation (Postal Services) Act 2011:”.

(a) In section 73(1) delete “mail bag, postal packet,” in each place where it occurs.

(b) In section 89 substitute the following for the definition of the expression “mail bag”

“The expression ‘mail bag’ has the same meaning as in the Communications Regulation (Postal Services) Act 2011:”.

(c) In section 89 substitute the following for the definition of the expression “postal packet”

“The expression ‘postal packet’ has the same meaning as in the Communications Regulation (Postal Services) Act 2011:”.

(d) In section 89 substitute the following for the definition of the expression “post office”

“The expression ‘post office’ has the same meaning as in the Communications Regulation (Postal Services) Act 2011:”.

(e) In section 89 substitute the following for the definition of the expression “post office letter box”

“The expression ‘post office letter box’ shall be construed as a reference to a post box within the meaning of the Communications Regulation (Postal Services) Act 2011:”.

2

No. 17 of 1925

Firearms Act 1925

In section 19 substitute references to an employee of a postal service provider for references to an officer of An Post.

3

No. 2 of 1956

Gaming and Lotteries Act 1956

In section 49(1) substitute “A postal service provider” for “An Post”.

4

No. 26 of 1980

Ombudsman Act 1980

In Part 1 of the First Schedule substitute the following for “An Post”: “An Post (other than an action taken in the performance of its functions relating to the provision of postal services within the meaning of the Communications Regulation (Postal Services) Act 2011)”.

In Part 1 of the First Schedule substitute the following for “An Post”

“An Post (other than an action taken in the performance of its functions relating to the provision of postal services within the meaning of the Communications Regulation (Postal Services) Act 2011)”.

5

No. 24 of 1983

Postal and Tele-communications Services Act 1983

(a) In section 3 substitute “made by the Minister or the Minister for Finance under this Act” for “made by the Minister, the Minister for Finance or the Minister for Trade, Commerce and Tourism under this Act or made by the postal company under section 84”. (b) In section 4(1) delete paragraph (d). (c) In section 4(1)(f) delete “84,”. (d) In section 5(4) delete paragraph (a). (e) In section 5(6) delete “84,”.

(a) In section 3 substitute “made by the Minister or the Minister for Finance under this Act” for “made by the Minister, the Minister for Finance or the Minister for Trade, Commerce and Tourism under this Act or made by the postal company under section 84”.

(b) In section 4(1) delete paragraph (d).

(c) In section 4(1)(f) delete “84,”.

(d) In section 5(4) delete paragraph (a).

(e) In section 5(6) delete “84,”.

6

No. 20 of 2002

Communications Regulation Act 2002

(a) In section 13(7) insert the following after paragraph (a): “(aa) a postal service provider who is deemed to be authorised in accordance with section 38 of the Communications Regulation (Postal Services) Act 2011, or”. (b) In section 13(7)(b) substitute “individual undertakings, postal service providers or persons” for “individual undertakings or persons”. (c) In section 60 substitute “under Part 5” for “under this Part”. (d) In Part 1 of Schedule 1 delete paragraph (4)(b). (e) In Part 2 of Schedule 1 delete paragraph (36).

(a) In section 13(7) insert the following after paragraph (a)

“(aa) a postal service provider who is deemed to be authorised in accordance with section 38 of the Communications Regulation (Postal Services) Act 2011, or”.

(b) In section 13(7)(b) substitute “individual undertakings, postal service providers or persons” for “individual undertakings or persons”.

(c) In section 60 substitute “under Part 5” for “under this Part”.

(d) In Part 1 of Schedule 1 delete paragraph (4)(b).

(e) In Part 2 of Schedule 1 delete paragraph (36).

7

No. 2 of 2005

Criminal Justice (Terrorist Offences) Act 2005

(a) In paragraph 10 of Part 1 of Schedule 2 delete subparagraph (d). (b) In paragraph 10 of Part 1 of Schedule 2 substitute the following for subparagraph (e): “(e) section 55 of the Communications Regulation (Postal Services) Act 2011 (prohibition on sending certain articles by post);”. (c) In paragraph 6 of Part 2 of Schedule 6 substitute the following for subparagraph (c): “(c) section 55 of the Communications Regulation (Postal Services) Act 2011 (prohibition on sending certain articles by post).”.

(a) In paragraph 10 of Part 1 of Schedule 2 delete subparagraph (d).

(b) In paragraph 10 of Part 1 of Schedule 2 substitute the following for subparagraph (e)

“(e) section 55 of the Communications Regulation (Postal Services) Act 2011 (prohibition on sending certain articles by post);”.

(c) In paragraph 6 of Part 2 of Schedule 6 substitute the following for subparagraph (c)

“(c) section 55 of the Communications Regulation (Postal Services) Act 2011 (prohibition on sending certain articles by post).”.

ISB Act 2011-08-02

Schedule 3 Communications Regulation (Postal Services) Act 2011 Open official source

SCHEDULE 3 Quality Standards for Intra-Community Cross-Border Mail

SCHEDULE 3

Quality Standards for Intra-Community Cross-Border Mail

Section 32.

The quality standards for intra-Community cross-border mail in each country are to be established in relation to the time limit for routing measured from end-to-end * * End-to-end routing is measured from the access point to the network to the point of delivery to the addressee. for postal items of the fastest standard category according to the formula D + n, where D represents the date of deposit ** ** The date of deposit to be taken into account shall be the same day as that on which the item is deposited, provided that deposit occurs before the last collection time notified from the access point to the network in question. When deposit takes place after this time limit, the date of deposit to be taken into consideration will be that of the following day of collection. and n the number of working days which elapse between that date and that delivery to the addressee.

* End-to-end routing is measured from the access point to the network to the point of delivery to the addressee.

** The date of deposit to be taken into account shall be the same day as that on which the item is deposited, provided that deposit occurs before the last collection time notified from the access point to the network in question. When deposit takes place after this time limit, the date of deposit to be taken into consideration will be that of the following day of collection.

Quality standards for Intra-Community cross-border mail.

Time Limit

Objective

D + 3

85% of items

D + 5

97% of items

The standards must be achieved not only for the entirety of intra-Community traffic but also for each of the bilateral flows between two Member States.

ISB Act 2011-08-02

Schedule 4 Communications Regulation (Postal Services) Act 2011 Open official source

SCHEDULE 4 Guidance on Calculating the net cost, if any, of Universal Service

SCHEDULE 4

Guidance on Calculating the net cost, if any, of Universal Service

Section 35.

Part A: Definition of the universal service obligations.

Universal service obligations refer to the obligations referred to in Article 3 placed upon a postal service provider by a Member State which concern the provision of a postal service throughout a specified geographical area, including, where required, uniform prices in that geographical area for the provision of that service or provision of certain free services for blind and partially-sighted persons.

Those obligations may include, among others, the following

— a number of days of delivery, superior to those set in this Directive,

— accessibility to access points, in order to satisfy the universal service obligations,

— the tariffs affordability of the universal service,

— uniform prices for universal service,

— the provision of certain free services for blind and partially-sighted persons.

Part B: Calculation of net cost.

National regulatory authorities are to consider all means to ensure appropriate incentives for postal service providers (designated or not) to provide universal service obligations cost efficiently.

The net cost of universal service obligations is any cost related to and necessary for the operation of the universal service provision. The net cost of universal service obligations is to be calculated, as the difference between the net cost for a designated universal service provider of operating with the universal service obligations and the same postal service provider operating without the universal service obligations.

The calculation shall take into account all other relevant elements, including any intangible and market benefits which accrue to a postal service provider designated to provide universal service, the entitlement to a reasonable profit and incentives for cost efficiency.

Due attention is to be given to correctly assessing the costs that any designated universal service provider would have chosen to avoid, had there been no universal service obligation. The net cost calculation should assess the benefits, including intangible benefits, to the universal service provider.

The calculation is to be based upon the costs attributable to

(i) elements of the identified services which can only be provided at a loss or provided under cost conditions falling outside normal commercial standards. This category may include service elements such as the services defined in Part A;

(ii) specific users or groups of users who, taking into account the cost of providing the specified service, the revenue generated and any uniform prices imposed by the Member State, can only be served at a loss or under cost conditions falling outside normal commercial standards.

This category includes those users or groups of users that would not be served by a commercial operator that did not have an obligation to provide universal service.

The calculation of the net cost of specific aspects of universal service obligations is to be made separately and so as to avoid the double counting of any direct or indirect benefits and costs. The overall net cost of universal service obligations to any designated universal service provider is to be calculated as the sum of the net costs arising from the specific components of universal service obligations, taking account of any intangible benefits. The responsibility for verifying the net cost lies with the national regulatory authority. The universal service provider(s) shall cooperate with the national regulatory authority to enable it to verify the net cost.

Part C: Recovery of any net costs of universal service obligations.

The recovery or financing of any net costs of universal service obligations may require designated universal service providers to be compensated for the services that they provide under non-commercial conditions. As such compensation involves financial transfers, Member States have to ensure that they are undertaken in an objective, transparent, non-discriminatory and proportionate manner. This means that the transfers result as far as possible in the least distortion to competition and to user demand.

A sharing mechanism based on a fund referred to in Article 7(4) should use a transparent and neutral mechanism for collecting contributions that avoids a double imposition of contributions falling on both outputs and inputs of undertakings.

The independent body administering the fund is to be responsible for collecting contributions from undertakings which are assessed as liable to contribute to the net cost of universal service obligations in the Member State and is to oversee the transfer of sums due to the undertakings entitled to receive payments from the fund.

Communications Regulation (Postal Services) Act 2011

Statutory Text (4 Articles)

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