S.I. No. 8/1993:

THE SEANAD ELECTIONS (UNIVERSITY MEMBERS) FREE POSTAGE SCHEME, 1993.

THE SEANAD ELECTIONS (UNIVERSITY MEMBERS) FREE POSTAGE SCHEME, 1993.

An Post, in exercise of the powers conferred on it by Section 74 of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983), after consultation with the Minister for the Environment and with the consent of the Minister for Tourism, Transport and Communications, hereby makes the following scheme:

1. (i) This Scheme may be cited as the Seanad Elections (University Members) Free Postage Scheme, 1993.

(ii) The Seanad Elections (University Members) Free Postage Regulations, 1961 ( S.I. No. 194 of 1961 ), the Seanad Elections (University Members) Free Postage (Amendment) Scheme, 1984 ( S.I. No. 289 of 1984 ) and the Seanad Elections (University Members) Free Postage (Amendment) Scheme, 1990 ( S.I. No. 253 of 1990 ), are hereby revoked.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Scheme.

3. In this Scheme--

"the Act" means the Electoral Act, 1992 (No. 23 of 1992);

"agent" means the election agent of a candidate;

"appropriate officer" means an employee of An Post designated an appropriate officer for the purpose of this scheme;

"candidate" means a candidate in an election;

"communication" means a communication which pursuant to Section 57 of the Act, as applied by Section 166 thereof may be sent, free of any charge for postage, by a candidate to each person on the register of Seanad electors (University Members) for a constituency or to any combination of such persons;

"constituency" means a constituency for an university;

"designated Post Office" means one or more post offices in the City or County of Dublin designated by An Post for the purpose of this scheme;

"election" means a Seanad election;

"elector" means a person whose name is on the register of Seanad electors for a university constituency.

4. (i) Subject to the provisions of this Scheme, no communication addressed to an elector or to any combination of electors in a constituency shall be posted, conveyed or delivered by post unless the communication is handed in or is posted in the first instance at a designated Post Office in the City or County of Dublin.

(ii) Subject to the conditions contained in paragraph 3 of this Regulation candidates or their agents may forward from any area save the City or County of Dublin to the said appropriate officer of An Post at a designated Post Office in the City or County of Dublin parcels of communications addressed to electors or to any combination of electors in a constituency and the said appropriate officer shall place all communications contained in the parcels in the post for delivery to the addressees.

(iii) The following conditions shall apply in relation to parcels mentioned in paragraph (ii) of this Regulation:

( a ) postage shall be prepaid on the parcels,

( b ) two certificates in the form set out in the First Schedule hereto, signed by the candidate or his agent shall be enclosed with each of the parcels,

( c ) after receipt of the certificates mentioned in condition (b) of this paragraph the appropriate officer of An Post shall stamp one of the certificates with the Post Office date stamp and return it to the candidate or his agent,

( d ) specimens of the communications enclosed in each parcel shall be furnished to the appropriate officer of An Post for inspection and retention.

5. Notice of intention to post communications shall be given by the candidate or by his agent not later than the day before posting to the appropriate officer of An Post.

6. The following conditions shall apply in relation to communications:

( a ) communications shall either be enclosed in closed or unclosed covers or be folded or be in such other form (whether or not in covers) consistent with this Scheme as shall, in the opinion of An Post, not be likely to impede sorting or to entrap other postal packets,

( b ) the words "Litir um Thoghchán" or the words "Election Communication" or other words approved by An Post prior to posting indicating that postage is not required to be prepaid by the candidate, shall be printed or stamped or legibly written at the top of the address side of the communication or, if the communication is enclosed in a cover, of the cover,

( c ) a communication shall not exceed 235 mm in length and 120 mm in width and the weight of a communication shall not exceed 50 grammes,

( d ) save as otherwise provided for in this Scheme communications shall be handed in between the hours of ten o'clock in the forenoon and four o'clock in the afternoon at such post office as shall be designated for that purpose,

( e ) communications shall be--

(i) faced the same way,

(ii) tied in bundles of 120 communications, and

(iii) as far as possible sorted according to streets or districts,

( f ) An Post shall not be under any obligation to deliver wrongly addressed or insufficiently addressed communications,

( g ) each batch of bundles of communications tendered for posting shall be accompanied by two certificates in the form set out in the Second Schedule hereto and the certificates shall be signed by the candidate or his agent,

( h ) the officer of An Post to whom a batch of bundles of communications is tendered by any person for posting shall stamp one of the certificates mentioned in paragraph (g) of this Regulation with the Post Office date stamp and return it to that person,

( i ) the number of communications mentioned in the certificates referred to in paragraph (g) of this Regulation shall be sufficient evidence until the contrary has been shown of the number of communications posted by the candidate,

( j ) subject to the conditions contained in this Regulation, communications shall comply with the statutes and the schemes and regulations affecting postal packets generally.

7. Where a candidate wishes to exercise the right to free postage of communications before he becomes entitled to do so under the powers contained in Section 57 of the Act, as applied by Section 166 thereof, the following provisions shall apply:

( a ) the candidate shall deposit £100 with the appropriate officer of An Post as security for the payment of postage in the event of the candidate not becoming entitled to exercise the right of free postage,

( b ) if the candidate--

(i) fails to secure nomination,

(ii) withdraws his candidature, or

(iii) is returned without a poll being taken, an account of such amount of postage as An Post may consider proper shall be rendered to the candidate and the balance, if any, of the deposit after deduction of the amount of the account aforesaid, shall be returned to the candidate,

( c ) each batch of bundles of communications tendered or sent for posting shall be accompanied by two certificates in the form set out in the First or Second Schedule hereto, as appropriate, and the certificates shall be signed by the candidate or his agent,

( d ) the officer of An Post to whom a batch of bundles of communications is tendered or sent by any person for posting shall stamp one of the certificates mentioned in paragraph (c) of this Regulation with the Post Office date stamp and return it to that person,

( e ) the number of communications mentioned in the certificates referred to in paragraph (c) of this Regulation shall be sufficient evidence until the contrary is shown of the number of communications posted by the candidate,

( f ) if the election is uncontested in the candidate's constituency, no communications shall be accepted for transmission after the expiration of the time limited for making withdrawals of candidature without prepayment of postage therefor.

8. Communications addressed to an elector's address and redirected from there shall not be forwarded without a postal charge unless the new address appears sufficient and the communication is re-posted not later than the day after the delivery thereof.

9. Communications which cannot be delivered for want of a sufficient address or for any other good reason may be treated by An Post in accordance with the provisions of Regulation 28 of the Inland Post Warrant, 1939 (No. 202 of 1939).

10. Any cover enclosed in a communication for the purpose of a reply thereto shall be marked "Postage to be prepaid".

11. Candidates who in accordance with Section 57 (4) of the Act as applied by Section 166 thereof, are treated as a single candidate may between them post only one communication to an elector or to any combination of electors in the constituency, and all the provisions of this Scheme shall apply to such communication and the deposit which is required under this Scheme as security for the payment of postage shall not exceed, in the case of such candidate, a total sum of £100.

FIRST SCHEDULE

Form of certificate to accompany each parcel of communications posted to a designated Post Office in the City or County of Dublin

ELECTORAL ACT, 1992

This is to certify that a parcel containing _______________________ unpaid communications has been forwarded by post on the ______________ day of _____________________________, 19__ to the appropriate officer at ______________________________________ Post Office with a request that the communications be posted on behalf of _______________________________________________________________________________

*Strike out where not required.

I declare that each communication contains matter relating to the election only, is identical as regards its contents with the specimen attached for inspection and retention, and is addressed to a duly registered elector for the constituency of _________________________________ or to a combination of such electors and that to the best of my knowledge and belief not more than one unpaid communication has been addressed to any one registered elector for the said constituency or to any combination of such electors, on behalf of the said ________________________________________ either today of previously and I hereby undertake to pay postage on any communications found to have been posted on behalf of the said candidate in excess of one for each registered elector or for any combination of such electors in the said constituency.

(Signature) ___________________________

Candidate of agent of candidate

__________

Post Office

Date Stamp

__________

SECOND SCHEDULE

Form of certificate to accompany each batch of bundles of communications tendered for posting.

ELECTORAL ACT, 1992

This is to certify that _____________________________________ unpaid communications have been tendered for posting at the hour of ___________ on the ___________ day of __________________________, 19_____ at _________________________________ Post Office on behalf of ______________________________________________________________________________

*Strike out where not required.

I declare that each communication contains matter relating to the election only, is identical as regards its contents with the specimen attached for inspection and retention, and is addressed to a duly registered elector for the constituency of _____________________________ or to a combination of such electors and that to the best of my knowledge and belief not more than one unpaid communication has been tendered for posting to any one registered elector for the said constituency or to any combination of such electors, on behalf of the said _____________________________ either today or previously and I hereby undertake to pay postage on any communications found to have been posted on behalf of the said candidate in excess of one for each registered elector or for any combination of such electors in the said constituency.

(Signature) ___________________________

Candidate of agent of candidate

__________

Post Office

Date Stamp

__________

GIVEN under the Common Seal of An Post this 8th day of January, 1993.

PRESENT when the Common Seal of An Post was affixed hereto:

JOHN HYNES,

Director.

HARRY COOKE,

Secretary.

I, MÁIRE GEOGHEGAN-QUINN, Minister for Tourism, Transport and Communications, hereby consent to the provisions of the foregoing Scheme.

GIVEN under my Official Seal this 11th day of January, 1993.

MÁIRE GEOGHEGAN-QUINN.

EXPLANATORY NOTE.

This Instrument prescribes the conditions under which a candidate at a Seanad Election (University Members) may send by post, free of postage, one communication relating solely to the election to every person registered as an elector for the constituency or to any combination of such persons. The Instrument revokes earlier Instruments governing free postage facilities for Seanad Elections (University Members).