S.I. No. 362/1986:

INLAND POST AMENDMENT (NO. 36) SCHEME, 1986.

INLAND POST AMENDMENT (NO. 36) SCHEME, 1986.

AN POST, in exercise of the powers conferred on it by Section 70 of the Postal and Telecommunications Services act, 1983 , (No. 24 of 1983) hereby makes the following Scheme:

1. (i) This Scheme may be cited as the Inland Post Amendment (No. 36) Scheme, 1986.

(ii) This Scheme shall be operative with effect from the 1st day of March, 1986.

2. In this Scheme "the Principal Warrant" means the Inland Post Warrant, 1939 (S.R. and O. No. 202 of 1939).

3. This Scheme applies to postal packets as defined in the Principal Warrant which comply with the provisions and restrictions of this Scheme and to which, by virtue of an arrangement between An Post and the sender thereof, this Scheme applies.

4. The service provided under this Scheme shall be known as the Postaim Service" and is so referred to in this Scheme.

5. Postal packets intended for posting under the Postaim Service may be posted for delivery within the State only.

6. Any postal packet intended for posting under the Postaim Service shall contain only printed matter of an advertising and/or promotional nature, and, for the avoidance of doubt and without prejudice to the generality of the foregoing, the following postal items are expressly excluded from the Postaim Service:

items seeking the renewal of a subscription from a subscriber to a product or service, items or notices required by law to be served on the addressee by post or otherwise, items sent in response to a request, items which include reference to any past financial transaction involving the addressee, items reminding members of an organisation of future functions of the organisation, invoices, statements, accounts, annual reports, sales reports, raffles or other forms of lottery tickets, price change notifications, newsletters, meeting notices, merchandise of intrinsic saleable value, registered publications, items for which a fee is payable by the addressee.

7. No postal packet may be posted in the Postaim Service if it or any matter contained in it constitutes a communication within the meaning of the Presidential Elections Free Postage Regulations, 1959, the Seanad Elections (University Members) Free Postage Regulations, 1961, the Dáil Elections Free Postage Regulations, 1961, the European Assembly Elections Free Postage Regulations, 1979, or a communication in connection with Local Government Elections.

8. Any person intending to use the Postaim Service shall apply to An Post for a licence and An Post may grant such licence subject to such terms and conditions as it may deem fit.

9. No posting may be made in the Postaim Service unless two samples of it and anything contained in it are submitted for and receive the prior approval of An Post.

10. There shall be charged and paid upon postal packets posted under the Postaim Service the rates specified in the First Schedule hereto.

11. Every posting made under the Postaim Service shall be subject to the standard Terms and Conditions of the Service set forth in the Second Schedule hereto.

11. (1) Any application for a licence in pursuance of Regulation 8 of this Scheme may be accompanied by an application for permission to use the Business Reply Service and/or Freepost Service.

11. (2) If the sender of a postal packet under the Postaim Service solicits in that postal packet a response from the addressee under the Business Reply Service or the Freepost Service, then that response shall be subject to the terms and conditions applying at that time to the said Business Reply Service or Freepost Service, as the case may be.

12. Such Regulations in the Principal Warrant as are specified in the Third Schedule hereto shall not apply to any posting made under the Postaim Service.

FIRST SCHEDULE

RATES OF POSTAGE

SECOND SCHEDULE

STANDARD TERMS AND CONDITIONS OF THE SERVICE

1. All material posted under the Postaim Service will be pre-sorted by the sender according to the Pre-Sort Area in which the destination is situate. A list of Pre-Sort Areas is contained in the Rate Card relating to the Postaim Service. For items weighing 50 grammes or less, each posting must be divided, in so far as it is practicable, into bundles of fifty items and where the number of items for a Pre-Sort Area is less than fifty, postings must be divided, in so far as it is practicable, into bundles of ten items. For items weighing more than 50 grammes, each posting must be divided into bundles of uniform size.

2. Postal packets shall be posted in the Postaim Service in such quantities and subject to such conditions of acceptance as may be imposed by An Post under Regulation 8 of this Scheme. This is without prejudice to the generality of the said Regulation 8 of this Scheme.

3. All items for posting under the Postaim Service shall be delivered for posting, not less than three working days before the commencement of the ten day delivery period, to any Post Office at which the Service is available.

4. Postal packets posted under the Postaim Service may be enclosed in sealed or unsealed envelopes or in plastic covers.

5. No plastic cover shall be approved under the terms and conditions of Regulation 9 of this scheme unless it complies with the following conditions:

( a ) the wrapping should include, on the address side, an opaque band, running lengthwise along the direction of the greatest dimension. The band should have the properties of paper and be able to take lasting indications of service instructions, any reasons for non-delivery or, when applicable, the addressee's new address written by hand, or shown by means of a label or by any other process, as on paper; and

( b ) the address of the addressee should be set out clearly on the cover of each postal packet posted under the terms of this Scheme; and either

( c ) if the wrapper is opaque, the address of the addressee and/or the prescribed postage paid imprint and the address of the sender may be placed under the plastic film in such a way that they are perfectly legible through the transparent panel or panels provided for that purpose, or

( d ) alternatively, for transparent or opaque wrappers, an address label may be stuck on the outside of the band in which case the return address should be printed either on the band or on the label.

6. Regulation 17, as amended, of the Principal Warrant shall not apply to any postal packet posted under the Postaim Service.

7. All postal packets posted under the Postaim Service shall be fully addressed to the addressee and the address of the addressee shall include the post town. The licence number shall appear in the top right-hand corner on the front of the envelope or the plastic cover. The full postal address of the sender shall appear in the top left-hand corner of the front of the envelope or plastic cover or such other position as will make it clearly distinguishable from the address of the addressee.

8. Each postal packet posted under the Postaim Service shall not weigh more than one kilogramme.

9. An Post may, in its own interest and at its discretion, suspend, withhold or restrict the Postaim Service so, however, that no person who has entered into an arrangement with An Post in accordance with Regulation 8 of this Scheme shall be thereby materially prejudiced.

10. An Post is not a common carrier for any of the purposes of the Postaim Service.

11. Any postal packet, whether sealed or unsealed, may be opened by a duly authorised officer of An Post for the purpose of ascertaining whether the postal packet complies with any of the provisions of this Scheme or qualifies for posting under the Postaim Service.

12. The acceptance by An Post of any postal packet for posting under the Postaim Service shall not give rise to any contract or commitment express or implied between the sender and An Post, and no arrangement pursuant to this Scheme shall have any contractual effect.

13. An Post shall not be liable to any person for any loss, damage, injury or breach of confidentiality arising directly or indirectly from the carrying on of the Postaim Service.

THIRD SCHEME

Regulations 5, 10, 11, 15 (b) to (g) inclusive, 17, 18 (b) and (d), 20 (1), 21, 22 and 31 to 47 inclusive.

GIVEN under the Common Seal of AN POST this 17th day of October 1986.

Present when the Common

Seal of An Post was

affixed hereto:

An Post,

General Post Office,

Dublin 1.

EXPLANATORY NOTE.

This Scheme applies to the Inland Post Service, and provides for reduced rates of postage on printed postal packets of an advertising or promotional nature.