(LRC Revised)

Number 21 of 2011

COMMUNICATIONS REGULATION (POSTAL SERVICES) ACT 2011

REVISED

Updated to 1 June 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Communications Regulation (Postal Services) Act 2011

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Finance (Provision of Access to Cash Infrastructure) Act 2025

(4/2025), enacted 20 May 2025, and all statutory

instruments up to and including the

Telecommunications (Transfer of Departmental Administration and Ministerial Functions)

Order 2025

(S.I. No. 237 of 2025), made 27 May 2025, were considered in the preparation of this

Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

21

of

2011

COMMUNICATIONS REGULATION (POSTAL SERVICES) ACT 2011

REVISED

Updated to 1 June 2025

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.

(Repealed)

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

65A. Interpretation.

66. The national postcode system.

66A. Regulations.

66B. Privacy notice.

66C. Personal data protection.

66D. Complaints procedures.

66E. Code of practice.

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

REVISED

Updated to 1 June 2025

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.

[2

nd August

, 2011]

BE IT ENACTED BY THE OIREACHTAS

AS FOLLOWS

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.

(Repealed)

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

65A. Interpretation.

66. The national postcode system.

66A. Regulations.

66B. Privacy notice.

66C. Personal data protection.

66D. Complaints procedures.

66E. Code of practice.

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

Number

21

of

2011