CHAPTER 470 - POSTAL SERVICES ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Postal Services (Courier Service) (Licence) Regulations, 2003

Postal Services (Fees and Charges) Regulations, 2004.

Postal Services Act (Commencement) Order, 2009

POSTAL SERVICES (COURIER SERVICE) (LICENCE) REGULATIONS, 2003

[Section 47]

Arrangements of Regulations

   Regulation

PART I
PRELIMINARY

   1.   Title

   2.   Interpretation

PART II
THE COURIER SERVICE LICENSING COMMITTEE

   3.   Establishment of Committee

   4.   Composition of Committee

   5.   Function of Committee

PART III
ADMINISTRATION

   6.   Register and other staff

   7.   Allowances of Committee

PART IV
LICENSING

   8.   Prohibition of operating in courier service without licence

   9.   Application for courier service licence

   10.   Courier service licence

   11.   Rural postal service

   12.   Suspension and cancellation of licence

   13.   Restrictions on issue of licence

   14.   Appeals

   15.   Fees

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

SI 22 of 2003.

PART I
PRELIMINARY

1.   Title

   These Regulations may be cite as the Postal Services (courier Service) (Licence) Regulations, 2003.15

2.   Interpretation

In these Regulations, unless the context otherwise requires–

“Courier Service” means a service by which a document, letter, parcel or any article (other than a telegram) is conveyed from door to door without a postage stamp;

“Courier Service Licensing Committee” means the Committee established under Regulations 3;

“Corporation” has the meaning assigned to it in the Act;

“Postal articles” has the meaning assigned to it in the Act; and

“Postal services courier” means a person or corporation who is in the business of collecting and conveying postal articles.

PART II
THE COURIER SERVICE LICENSING COMMITTEE

3.   Establishment of Committee

There is hereby established the Postal Services Courier Licensing Committee.

4.   Composition of Committee

   (1) The Courier Service Licensing Committee shall consist of the following members:

      (a)   the Permanent Secretary, in the ministry responsible for communications, who shall be the Chairperson;

      (b)   two persons nominated by the Ministry responsible for communications;

      (c)   one person nominated by the Postal Services Corporation;

      (d)   one person from the Department of Civil Aviation;

      (e)   one person nominated by the ministry responsible for legal affairs; and

      (f)   one person from private courier service operators.

   (2) The members of the Courier Service Licensing Committee shall be appointed by the Minister.

5.   Function of Committee

   (1) The Courier Service Licensing Committee shall regulate courier service business in the Republic through the issuance of licences under these Regulations.

   (2) The Courier Service Licensing Committee shall have the power to issue licences to operators of courier services.

   (3) The Courier Service Licensing Committee may issue a licence to an applicant on such terms and conditions as are specified under these Regulations and on payment of such fees as are out in the Third Schedule.

PART III
ADMINISTRATION

6.   Register and other staff

   (1) The Minister shall appoint a Register of the Courier Service Licensing Committee who shall be a public officer.

   (2) The Registrar shall be responsible for–

      (a)   the management and administration of the Courier Service Licensing Committee; and

      (b)   the implementation of the decisions of the Courier Service Licensing Committee.

   (3) The Minister may appoint suitable public officers to assist the Registrar.

   (4) Notice of the appointment of the Registrar and other public officers to assist the Registrar shall be published in the Gazette.

7.   Allowances of Committee

There shall be paid from the funds appropriated for the functions of the Courier Service Licensing Committee–

      (a)   such reasonable sitting and subsistence allowances for the members of the Courier Service Licensing Committee undertaking the business of the Committee at such rate as the Minister may determine; and

      (b)   any other expenses incurred by the Courier Service Licensing Committee in the performance of its functions.

PART IV
LICENSING

8.   Prohibition of operating in courier service without licence

A person shall operate a courier service without a licence issued under this Part.

9.   Application for courier service licence

   (1) Subject to the provisions of these regulations, an application for a courier service licence shall be in form CSI set out in the First Schedule.

   (2) Subject to sub regulation (3) the applicant shall submit the application form referred to in sub regulation (1) which shall be accompanied by the following documents:

      (a)   the certificate of incorporation of the operator of a courier service;

      (b)   state of paid up capital;

      (c)   Memorandum of Association or such other company forms as may reveal the true nature and identity of the company and its shareholders;

      (d)   details of the intended business;

      (e)   letter of agreement with associated companies outside the Republic for applicant intending to deal in international mail; and

      (f)   annual reports or audited accounts of the applicant.

   (3) The applicant shall not submit the application to the Courier Service Licensing Committee unless the application is made not less than14 days before the applicant has published the intention to apply for the courier service licence in the Gazette and in the daily issue of a national newspaper.

10.   Courier service licence

   (1) The Registrar of the Courier Service Licensing Committee shall acknowledge receipt of the application form and submit the application to the Courier Service Licensing Committee.

   (2) The Courier Service Licensing Committee shall consider the application and shall communicate its decision to the applicant not later than 60 days after receipt of an application.

   (3) The Courier Service Licensing Committee shall issue a licence to operate a courier service on payment of the appropriate fee set out in the Third Schedule and subject to such conditions as the Courier Service Licensing Committee may, in consultation with the Minister, determine.

   (4) The licence to operate a courier service shall specify the types of courier service business as follows:

      (a)   international and national;

      (b)   international and national (urban)

      (c)   national, urban and rural; and

      (d)   rural.

11.   Rural postal service

For purposes of these Regulations, the Courier Service Licensing Committee shall designate areas within the Republic as rural and urban for the purposes of licensing courier service business in such areas:

Provided that the Courier Service Licensing Committee shall designate the areas listed in the Second Schedule as urban area.

12.   Suspension and cancellation of licence

   (1) Subject to sub-regulation (2) where the Courier Service Licensing Committee is satisfied that a person issued with a licence to operate a courier service is conducting its courier service operations contrary to the conditions of the licence issued under Regulation 10, the Courier Service Licensing Committee shall–

      (i)   suspend the licence; or

      (ii)   cancel the licence.

   (2) The Courier Service Licensing Committee shall not suspend or cancel a licence under this Regulation unless 90 says prior to the suspension or cancellation a notice has been served on the person licensed to operate a courier service stating–

      (a)   the contravention of the condition of the licence specifying the matters constituting the contravention;

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