S.I. No. 311/1993:

PRESIDENTIAL ELECTIONS FREE POSTAGE SCHEME, 1993.

PRESIDENTIAL ELECTIONS 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 the Minister for Defence and with the consent of the Minister for Transport, Energy and Communications, hereby makes the following Scheme:

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

(ii) The Presidential Elections Free Postage Regulations, 1959, the Presidential Elections Free Postage (Amendment) Scheme, 1984 ( S.I. No. 288 of 1984 ), and the Presidential Elections Free Postage (Amendment) Scheme, 1990 ( S.I. No. 250 of 1990 ), are hereby revoked.

2. The Interpretation Act, 1937 ( S.I. 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 34 of the Presidential Elections Act, 1937 (No. 32 of 1937), as amended by Section 167 of the Act may be sent, free of any charge for postage, by a candidate to each person on the register of presidential electors for a constituency or to any combination of such persons;

"constituency" means a constituency for a Dáil election;

"election" means a Presidential election;

"elector" means a person whose name is on the register of presidential electors for a constituency;

"postal voters' list" means the postal voters' list for a constituency in a Presidential election.

4. (i) Subject to the provisions of this Scheme, no communication addressed to an elector or to any combination of electors in any constituency shall be posted, conveyed or delivered by post unless the communication is posted within the constituency, or if posted outside the constituency, the permission of the head postmaster of the district in which communications are to be posted has been obtained.

(ii) Subject to the conditions contained in paragraph (iii) of this Regulation, candidates or their agents may forward from the City or County of Dublin parcels of communications addressed to electors or to any combination of electors in a particular constituency to head postmasters of districts in the constituency and the head postmasters 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 the 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, and authenticated and dated by the appropriate officer shall be enclosed with each of the parcels,

( c ) after receipt of the certificates mentioned in sub-paragraph (b) of this paragraph, the head postmaster shall return one of the certificates to the appropriate officer who shall transmit it to the candidate or his agent,

( d ) specimens of the communications enclosed in each parcel shall be tendered to the appropriate officer 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 head postmaster of the district in which they are to be posted.

6. A communication addressed to an elector or to any combination of electors may be posted at any post office in that constituency, or, if the permission of the head postmaster of a district in the constituency has been obtained, at a sub-post office in that district.

7. Where a candidate or his agent wishes to post communications at different post offices within a constituency he shall make arrangements for that purpose before doing so, with one only of the head postmasters in the constituency.

8. 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 Thoghchan" 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 ) 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 by the head postmaster to whom notice of intention to post such communications has been given,

( 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 ) where permission has been given by a head postmaster to post any communications outside the constituency concerned, those communications shall be tied in separate bundles,

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

( h ) 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,

( i ) 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 (h) of this Regulation with the date stamp of the post office at which the batch is tendered for posting and return it to that person,

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

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

9. 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 34 of the Presidential Elections Act, (No. 32 of 1937), as amended by Section 167 of the Act, the following provisions shall apply:--

( a ) the candidate shall deposit £100 in respect of each constituency in which he desires to post the communications with the head postmaster with whom the arrangements for such posting are made 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 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,

( d ) 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 (c) of this Regulation with the date stamp of the post office at which the batch is tendered for posting 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, no communications shall be accepted for transmission after the latest time for withdrawal of nominations without pre-payment of postage therefor.

10. In addition to the provisions contained in Regulation 8 of this Scheme, the following provisions shall apply in relation to a communication intended for a member of the Defence Forces--

( a ) the communication shall be addressed to the Officer in Charge of Enlisted Personnel Section, Department of Defence, Parkgate, Dublin 8,

( b ) the address on the communication, or, if the communication is enclosed in a cover, on the cover shall include the voter's service number, if known, his rank, his surname and other names in full, and the name of his unit,

( c ) the voter's number in the postal voters' list shall be inserted on the top left-hand corner of the address side of the communication, or if the communication is enclosed in a cover, of the cover.

11. Communications addressed to a postal voter's home 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.

12. 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).

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

14. No communication shall be posted less than three clear working days before the date of the poll and, where the frequency of postal delivery in a place is less than daily, no communication addressed to such place shall be posted less than a week before the date of the poll.

FIRST SCHEDULE.

Form of certificate to accompany each parcel of communications posted 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 head postmaster at ........................................ Post Office with a request that the communications be posted on behalf of ............................................................ ..............

for the office of President of Ireland

*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 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.

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 .........................................................

for the office of President of Ireland

*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 produced 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.

GIVEN under the Common Seal of An Post this 16th day of September, 1993.

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

JOHN HYNES,

Director.

HARRY COOKE,

Secretary.

I, BRIAN COWEN, Minister for Transport, Energy and Communications, hereby consent to the provisions of the foregoing Scheme.

GIVEN under my Official Seal this 27th day of September, 1993.

BRIAN COWEN.

EXPLANATORY NOTE.

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