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24 1983

POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983

PART I

Preliminary and General

Short title.

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

Interpretation.

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

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

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

functions” includes powers and duties;

Minister” means the Minister for Posts and Telegraphs;

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

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

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

State authority” means an authority being—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) the Irish Land Commission;

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

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

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

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

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

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

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

Laying of orders and regulations before Houses of Oireachtas.

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

Penalties.

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

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

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

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

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

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

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

shall be liable—

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

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

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

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

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

Proceedings.

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

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

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

(4) Summary proceedings for an offence under—

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

(b) the Stamp Act, 1891,

(c) the Stamp Duties Management Act, 1891,

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

(e) the Forgery Act, 1913,

(f) the Misuse of Drugs Act, 1977 ,

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

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

(5) Summary proceedings for an offence under—

(a) the Telegraph Acts, 1863 to 1916,

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

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

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

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

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

Expenses.

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

Repeals and revocations.

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

Consequential amendment of enactments.

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

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