S.I. No. 418/1953:

DEPARTMENT OF POSTS AND TELEGRAPHS. THE FOREIGN PARCEL POST WARRANT, 1953.

DEPARTMENT OF POSTS AND TELEGRAPHS. THE FOREIGN PARCEL POST WARRANT, 1953.

Dated : 5th May, 1953.

The Minister for Finance, on the representation of the Minister for Posts and Telegraphs as testified by his signature hereto, and in exercise of the powers conferred on him by the Post Office Acts, 1908 to 1951, and of every and any other power him in this behalf enabling, hereby orders as follows :--

PRELIMINARY

1.--(1) This Warrant may be cited as the Foreign Parcel Post Warrant, 1953.

(2) This Warrant shall come into operation on the 18th day of May, 1953.

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

3. In this Warrant--

" The Minister "

(1) The expression " the Minister " means the Minister for Posts and Telegraphs.

" United Kingdom "

(2) The expression " United Kingdom " means Great Britain, Northern Ireland, the Channel Islands and the Isle of Man.

" Parcel "

(3) The expression " parcel " means a postal packet which is posted as a parcel in accordance with the provisions of this Warrant or any Warrant amending the same.

" Air Mail Parcel "

(4) The expression " Air Mail Parcel " means an outgoing parcel conveyed or intended to be conveyed at the request of the sender through any part of its course in the post by an Air Mail service.

" Cash-on-delivery parcel "

(5) The expression " Cash-on-delivery parcel " means a parcel upon which the Minister is requested to collect a sum of money (in this Warrant referred to as a " Trade Charge ") from the addressee for remission to the sender or to a person nominated by the latter and upon which the sender has paid the fees for Cash-on-delivery service.

" Bullion "

(6) The expression " bullion " means uncoined and unmanufactured gold or silver.

" Coin "

(7) The expression " coin " means coin of all kinds, whether or not current within the State or elsewhere, except such as is used or designed for purposes of ornament.

" Jewellery "

(8) The expression " jewellery " means--

(a) gold, silver or platinum in a manufactured state, that is to say, a state in which value is added to the raw material by skilled workmanship ; and in this definition are included coins used or designed for purposes of ornament ;

(b) diamonds and precious stones ;

(c) watches entirely or mainly composed of gold, silver or platinum ; and

(d) any article of a like nature which, apart from workmanship, has an intrinsic or marketable value.

" Prescribed "

(9) The expression " prescribed " means prescribed by the Minister.

(10) Expressions used in Regulations for the time being relating to the Inland Post or the Foreign Post (except parcels) shall, where the context so requires or permits, have the same meaning in this Warrant.

4. The provisions of this Warrant shall be deemed to apply exclusively to parcels transmitted by post between a Post Office in the State and any other country (not being the United Kingdom).

5. There shall not be posted or conveyed or delivered by post any parcel :--

(1) consisting of or containing any obscene or indecent print, painting, photograph, lithograph, engraving, cinematograph, film, book, card, or written communication, or any other indecent or obscene article, whether similar to the above or not, or any book or periodical the importation, sale or distribution of which is for the time being prohibited under any legislation for the time being in force, or

(2) having thereon or on the cover thereof any words, marks, or designs which are grossly offensive or of an indecent or obscene character, or

Explosive and dangerous or noxious substances.

(3) consisting of or containing--

(a) any explosive substance,

(b) any dangerous substance,

(c) any filth,

(d) any noxious or deleterious substance,

(e) any sharp instrument not properly protected,

(f) any living animals, except--

(i) bees, leeches and silkworms;

(ii) parasites, and destroyers of noxious insects intended for the restraint of those insects, and exchanged between institutions officially recognised,

(g) any article or thing whatever which is likely to injure any other postal packet in course of conveyance or any receptacle in which the same is conveyed or an officer of the Post Office or other person who may deal with such packet, or

Contraband, etc.

(4) containing--

(a) any article which by the laws of the country or place in which the parcel is posted or to which the parcel is addressed it is unlawful to send by post,

(b) gold bullion and coin of gold or silver exceeding £5 in value,

(c) any letter or other document in the nature of a current personal communication.

Fictitious or used stamps.

(5) containing or bearing any fictitious postage stamp or any counterfeit impression of a stamping machine used under the direction or by the permission of the Minister ; or

(6) purporting to be prepaid with any stamp or impression of a stamping machine which has been previously used to prepay any Revenue duty or tax ; or

Unauthorised marks, designs, etc.

(7) having thereon or on the cover thereof any words, letters, or marks (used without due authority) which signify or imply, or may reasonably lead the recipient thereof to believe, that the parcel is sent on the service of the State ; or

(8) having thereon or on the cover thereof any words, marks, or designs of a character likely in the opinion of the Minister to embarrass the officers of the Post Office in dealing with the parcel ; or

(9) having anything written, printed, or otherwise impressed upon or attached to any part of that side of the parcel which contains the address at which the parcel is to be delivered which, either by tending to prevent the easy and quick reading of the address of the parcel by inconvenient proximity to the stamp or stamps used in the payment of postage, or in any other way, is in itself, or in the manner in which it is written, printed, impressed, or attached, likely in the opinion of the Minister to embarrass the officers of the Post Office, in dealing with such parcel ; or

(10) of such form or so made up for transmission by post as to be likely, in the opinion of the Minister, to embarrass the officers of the Post Office in dealing with the parcel in the post ; or

(11) having anything written, printed, or otherwise impressed across the postage stamp thereon ; or

(12) consisting of or containing two or more postal packets (of the same or of different descriptions) addressed to different persons who are at different addresses.

In this Regulation the expression "consisting of or containing two or more postal packets" includes a postal packet containing postal packets or postal forms with addresses different from the address borne by the outer packet.

6. Except by permission of the Minister, there shall not be forwarded, conveyed or delivered by post any parcel the dimensions or weight of which exceed the maximum dimensions or maximum weight specified in the First Schedule hereto.

7. Subject to the provisions of this Warrant, the postage payable on every outgoing parcel shall be prepaid.

8.--(1) There shall be charged and paid on every outgoing parcel (except an air mail parcel) the appropriate postage prescribed in respect thereof subject to the maximum postage specified in the Second Schedule hereto.

(2) There shall be charged and paid on every outgoing air mail parcel the appropriate postage directed by the Minister in respect thereof subject to the maximum postage specified in the Second Schedule hereto.

(3) The several rates of postage payable on outgoing parcels under this Warrant shall be prescribed from time to time.

9. Subject to the provisions of this Warrant, the following provisions shall apply to the posting of an outgoing parcel, that is to say :--

(a) The parcel shall be posted by being handed in at a Post Office designated by the Minister for that purpose.

(b) The parcel must bear the name and full address of the addressee, and must be posted in such a manner or form and in accordance with such directions as may from time to time be prescribed in that behalf. The parcel must be accompanied by or have affixed to it one or more declarations of such kind and stating the nature and value of the contents of the parcel in such manner and form and with such other particulars as the Revenue Commissioners and the Minister may prescribe.

(c) Except as otherwise prescribed, the parcel must be accompanied by a despatch note of such kind and filled up in such manner as may be prescribed.

(d) Except as otherwise prescribed, the parcel must be accompanied by one or more Exchange Control forms of such kind and filled up in such manner as the Minister for Finance and the Minister may prescribe.

Provided that notwithstanding the provision of paragraph (a) of this Regulation the Minister may, if he thinks fit from time to time, authorise such officers as he may direct to receive parcels for the post otherwise than at a Post Office under such rules and conditions as may be prescribed.

10.--(1) Where the sender of an outgoing parcel desires that such parcel may be delivered to the addressee free of all Customs duties and other charges thereon, the following rules shall apply to such parcel :--

(a) There shall be charged and paid on such parcel, in addition to all postage payable thereon, the amount of the Customs duties and of all other charges payable on the delivery of such parcel and the further fee specified in the Third Schedule hereto.

(b) The sender shall sign an undertaking, in such form as may be prescribed, to pay on demand the amount of such Customs duties and other charges as aforesaid.

(c) The sender shall also, if so required, pay, by way of deposit at the time of posting the parcel, such sum as may be prescribed in respect of such Customs duties and other charges.

(2) This Regulation shall apply only to parcels addressed to such countries or places as may be prescribed.

11. Parcels intended to be transmitted by post under the provisions of this Warrant shall not be posted, forwarded, conveyed or delivered, except subject to such regulations as are referred to in Section 14 of the Post Office (Parcels) Act, 1882.

12. In respect of every incoming parcel upon the contents of which any duty is payable under the Customs Acts, there shall be charged and paid the Customs Clearance fee specified in the Third Schedule hereto.

13. Any outgoing packet transmissible by Parcel Post, which from any words or marks thereon or other external evidence, appears to have been intended for transmission as a parcel, and has not been tendered for transmission as a parcel but has been posted in a post office letter box, or otherwise than as provided for the posting of parcels, may, in the discretion of the Minister, either be detained and returned or given up to the sender, or if the said packet is fully prepaid with the letter rate of postage or the rate of postage applicable to a printed packet (other than a magazine for Canada), a commercial packet, a sample packet, a magazine for Canada or a packet of literature for the blind, and otherwise conforms to the regulations as to a letter or any such packet, the same may be forwarded as a letter or as a printed packet, commercial packet, sample packet, a magazine for Canada, or a packet of literature for the blind (as the case may be).

14. Where the charges due in respect of an incoming parcel or incoming parcels amount to more than five pounds, the Minister may, in such cases as he thinks fit, give notice to the addressee of the arrival thereof and before delivery is effected require the addressee to pay the amount due within such period and at such Office as shall be specified in the notice given to the addressee as aforesaid.

15. When an incoming parcel exceeds such weight as may be prescribed, the Minister may, in such cases as he thinks fit, instead of delivering the parcel, give notice to the addressee of the arrival thereof and the parcel shall in such case be delivered to the addressee at the Post Office on his application at any time within such period from the delivery of the notice as may be prescribed, and upon payment of all charges due thereon.

16.--(1) Parcels which for any reason are undeliverable shall be dealt with in accordance with the arrangements from time to time made between the Minister and the Postal Administration concerned.

(2) Where under any such arrangement as is mentioned in the preceding paragraph an outgoing parcel is returned to the sender, there shall be charged upon such parcel and paid by the sender additional postage according to the rate chargeable under any such arrangement, and the parcel shall not be given up to the sender except upon payment of such additional postage and of all charges of any kind to which the parcel may have become liable under the provisions of this Warrant or otherwise.

(3) Where under any such arrangement as is mentioned in paragraph (1) of this Regulation a parcel is not returned to the sender, or the sender or the addressee refuses or fails to pay the charges to which the parcel has become liable under this Warrant, or otherwise, the parcel may be dealt with or disposed of in such manner as the Minister may, in his discretion, direct or authorise.

(4) (a) Where an incoming parcel cannot be delivered as originally addressed and under any such arrangement as is mentioned in paragraph (1) of this Regulation the name and address of a substituted addressee has been furnished by the sender and the parcel is forwarded to the substituted address, or

(b) Where an incoming parcel, which cannot be delivered within such reasonable time as the Minister may from time to time prescribe, is subsequently retransmitted to the original addressee thereof at the request of the sender or of the addressee,

there shall be charged and paid by the addressee upon the delivery of the parcel to him additional postage at the Inland rate chargeable for transmission from the original to the substituted address or in respect of such retransmission, as the case may be.

17. In any case not in this Warrant expressly provided for, where any parcel, posted or tendered for conveyance or transmitted by post, in any respect infringes or fails to comply with the regulations herein contained or any of them, such parcel may be dealt with or disposed of in such manner as the Minister may, in his discretion, direct or authorise.

EXPRESS DELIVERY

18. Upon every outgoing parcel (not exceeding such weight as may be prescribed) marked with the words " express delivery " or with such other words as may indicate the desire of the sender that the parcel may be delivered by special messenger (which words are hereinafter referred to as an " express marking "), and addressed to any country or place that may be prescribed, there shall be charged and paid such fee as may be prescribed provided that the maximum fee shall not exceed the fee specified in the Third Schedule hereto.

19.--(1) Any incoming parcel, not exceeding such weight as may from time to time be prescribed, marked with an express marking shall, in the State, be delivered by special messenger, subject to the regulations and conditions for the time being in force with respect to express delivery of Inland parcels.

(2) No express fee shall be payable by the addressee of such parcel unless and except in so far as the sum prepaid thereon for express delivery of such parcel is less than the express fee payable on an Inland parcel.

RE-DIRECTION

20.--(1) Any parcel may be re-directed from its original address or any substituted address within the State to the same addressee at any other address in any country or place outside the State (other than the United Kingdom) to which parcels are transmissible by post, provided that the parcel conforms with the regulations applicable to parcels sent by post to the country or place to which it is re-directed. In every case of such re-direction there shall be charged on such parcel in respect of such re-direction additional postage according to the rates for the time being payable in respect of the transmission of a like parcel to the country or place to which it may be re-directed.

(2) Any parcel may be re-directed from its original address or any substituted address within the State to the same addressee at any address in the United Kingdom and in every case of such redirection there shall be charged on such parcel in respect of such re-direction such rate of postage as would be chargeable on a parcel of similar weight originally posted in the State and addressed to some place in the United Kingdom.

(3) Any parcel may be re-directed from its original address or any substituted address within the State to the same addressee at any other address within the State, and in every case of such re-direction there shall be charged on such parcel in respect of each re-direction, and (if not previously paid) paid by the addressee thereof upon the delivery of such parcel such rate of postage, if any, as would in like case be charged upon the parcel were it an inland parcel.

(4) An insured parcel re-directed in accordance with paragraph (1) of this Regulation will be transmitted as an insured parcel provided :--

(a) the parcel does not appear to have been opened ;

(b) the parcel is handed in in its original cover and at a Post Office designated by the Minister for the purpose ;

(c) the parcel conforms with the conditions applicable to outgoing insured parcels sent by post to the country or place to which it is re-directed ;

(d) a new insurance charge, comprising a sum equal to the registration fee and one of the compensation fees referred to in sub-paragraphs (a) and (b) of paragraph 3 of Regulation 21 of this Warrant is paid by the person re-directing the parcel unless evidence is produced to the satisfaction of the Minister that the addressee will pay the charge on delivery.

(5) Any insured parcel which is re-directed in accordance with paragraph (2) or paragraph (3) of this Regulation will be transmitted by post provided :--

(a) the parcel does not appear to have been opened, and

(b) it is handed in in its original cover.

(6) No parcel re-directed from a place out of the State to a place within the State shall be delivered to the addressee except upon payment of all charges of any kind to which the parcel has become liable.

INSURANCE

21.--(1) The Minister may prescribe countries or places to which outgoing parcels may be insured.

(2) The following rules (in addition to any other provisions of this Warrant) shall be observed with regard to a parcel which is to be insured :--

(a) The contents of the parcel shall be enclosed, packed and sealed in such a manner as may be prescribed. In particular :

(i) the seals, labels and postage stamps affixed to the parcel shall be so spaced that they cannot conceal injuries to the cover ; and no label or postage stamp shall be folded over two sides of the cover so as to hide the edge ;

(ii) where the contents include coin, bullion or jewellery they must be enclosed in a strong box or case (measuring, if the contents are jewellery exceeding £100 in value, at least 3 feet 6 inches in length and girth combined), must be sewn up or otherwise fastened in a wrapper of linen, canvas, strong paper or other substantial material, must have the address written on its actual covering and the seals must be placed along the edges of each join or loose flap at distances of not more than 3 inches.

(b) The parcel shall not be addressed to initials or in pencil.

(c) The amount for which the value is insured must not exceed the value of the contents and the packing (including the container in which it is packed) nor must it exceed the maximum amount for which insurance is allowed in the country to which the parcel is addressed.

(d) The amount for which within the limits mentioned in the last foregoing rule, insurance is desired must be written in ink by the sender both in words and figures at the top of the address side of the cover of the parcel and must also be entered in the appropriate space on the despatch note, if one is required.

(e) No alteration or erasure of the address or of the amount for which insurance is to be effected as stated on the parcel or on the despatch note shall be allowed.

(3) There shall be charged and paid in respect of such insurance the following sums, in addition to the postage payable :--

(a) a sum equal to the registration fee charged on the registration of an outgoing postal packet (other than a parcel) by the Foreign Post Warrant for the time being in force; and

(b) a compensation fee of an amount specified in Part II of the Fourth Schedule hereto.

COMPENSATION

22. If a parcel or any article of pecuniary value, enclosed in or forming part of a parcel, be lost or damaged whilst in the course of conveyance by post under the provisions of this Warrant, the Minister may pay to any person, or to the Postal Administration of any country, if, in the opinion of the Minister, such person or Administration establishes a reasonable claim to compensation (having regard to the nature of the article, the care with which it was packed, and other circumstances) such sum as he may think just :

Provided that :--

(1) In the case of an uninsured parcel the sum paid by way of compensation shall not exceed the sum appropriate thereto according to the scale set out in Part I of the Fourth Schedule hereto.

(2) In the case of an outgoing insured parcel, the sum paid by way of compensation shall not exceed the sum specified in the second column of Part II of the Fourth Schedule opposite the compensation fee paid.

(3) In the case of an incoming insured parcel the sum paid by way of compensation shall not in any case exceed four hundred pounds, and in no case shall it exceed the amount or the equivalent thereof for which the parcel has been insured by the sender.

(4) Compensation shall not be payable in respect of the loss of coin or bullion or the loss of or damage to jewellery contained in a parcel posted in or addressed to any place in Canada.

(5) Compensation shall not be payable in respect of the loss of or damage to any parcel or any article of pecuniary value enclosed in or forming part of any parcel where

(a) such parcel is duly delivered in accordance with the provisions of this Warrant or any Warrant amending the same and is accepted without reserve by the person to whom it is delivered ; or

(b) an application relating to such parcel is not received, either by the Minister or by the Postal Administration of the country from or to which such parcel was transmitted, from the person claiming compensation within one year of the date of posting of such parcel ; or

(c) the cause of such loss or damage is beyond the control of the Minister and of the Postal Administration of any country under whose administration such parcel is at the time of such loss or damage ; or

(d) such parcel cannot be traced or otherwise accounted for by reason of the destruction of official documents where the cause of such destruction is beyond the control of the Minister and of the Postal Administration of any other country.

23.--(1) The Minister may give effect to the provisions of this Warrant as to the loss or damage of parcels and of articles enclosed in or forming part of parcels, out of such aids or supplies as may be from time to time provided and appropriated by the Oireachtas for that purpose, but nothing contained in, or done under or in pursuance of this Warrant, shall render him liable, either personally or in his official capacity, to any action or other legal proceeding in respect of, or in consequence of, any such loss or damage, whether such loss or damage be occasioned by or arise from any act or neglect of any officer of the Post Office or any other person.

(2) The decision of the Minister on all questions arising between him and any person claiming payment in respect of the loss of or damage to any parcel or any article enclosed in or forming part of a parcel shall be final and conclusive.

24.--(1) Except as otherwise directed by the Minister, a parcel posted in or addressed to a country or place from or to which insured parcels are transmissible by post, and containing coin, bullion or any article of jewellery or any article not for the time being transmissible in a parcel to or from such country or place unless insured, shall not be conveyed by post unless the same is insured for at least part of its value.

(2) The following provisions shall apply to any such parcel if posted without insurance :--

(i) If such parcel be received at a Post Office within the State--

(a) the parcel shall be registered, and charged with the minimum registration fee and shall be delivered to the addressee on payment of that fee, together with any postage and other charges payable thereon or returned to the Postal Administration of the country of origin.

(b) no compensation shall be payable in respect of the loss of or damage to the parcel or the contents thereof.

(ii) If such parcel be posted at a Post Office within the State it shall be treated in such manner as the Minister may direct, and no compensation shall be payable in respect of the loss of or damage to the parcel or the contents thereof.

25. Subject to such rules as may be prescribed the Minister may, at the request of the sender of an outgoing insured parcel, and on prepayment by such sender of such sum or fee not exceeding the fee specified in the Third Schedule hereto, cause to be obtained and forwarded to such sender an acknowledgment or certificate of delivery of such parcel at the place to which the said parcel is addressed.

CASH-ON-DELIVERY PARCELS

26. Cash-on-delivery parcels may be transmitted by post between the State and such countries or places as may be prescribed.

27. No Trade Charge exceeding £40 shall be collected under this Warrant.

28. There shall be charged and paid on every outgoing Cash-on-delivery parcel, in addition to the postage and any other charges payable on such parcel a fee in accordance with the scale of fees set out in the Fifth Schedule hereto.

29. The Cash-on-delivery fee payable on an outgoing Cash-on-delivery parcel shall be prepaid by the sender in stamps affixed to the parcel.

30. The sender of a Cash-on-delivery parcel shall fill up, so far as required, a Trade Charge Money Order form.

31.--(1) A Cash-on-delivery parcel shall not be given up to the addressee thereof or opened at his request until the Trade Charge and any other charges due thereon have been paid.

(2) The provisions of Regulation 14 of this Warrant shall apply to a Cash-on-delivery parcel upon which the Trade Charge exceeds £5 or the Trade Charge and other charges due in respect of such parcel exceed that sum.

32. The Minister shall upon receiving from the addressee the Trade Charge on an incoming Cash-on-delivery parcel remit the same to the sender of the parcel by means of the Trade Charge Money Order form received with the parcel which will be issued as a Money Order free of commission, or by such other means as may be prescribed.

33.--(1) An Air mail parcel must bear an air mail label affixed close to the address (or to each address if the parcel is addressed in more than one place).

(2) An Air Mail parcel shall be conveyed in accordance with such rules as may be prescribed.

MISCELLANEOUS

34. Subject to the provisions of this Warrant, the regulations for the time being applicable to inland parcels shall so far as applicable, apply to parcels transmissible by post under the provisions of this Warrant.

35. The Minister may, in any case in which he may consider it just or reasonable so to do, remit any postage or any sum made payable under this Warrant.

36. The Warrants mentioned in the Sixth Schedule hereto are hereby revoked.

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

PART I (UNINSURED PARCELS)

PART II (OUTGOING INSURED PARCELS)

FIFTH SCHEDULE

CASH-ON-DELIVERY

Cash-on-delivery fee: 3d. for each £1 or fraction of £1 of the Trade Charge, subject to a minimum fee of one shilling.

SIXTH SCHEDULE

WARRANTS REPEALED

GIVEN under the Official Seal of the Minister for Finance this 5th day of May, 1953.

SEAN MACENTEE,

Minister for Finance.

ERSKINE H. CHILDERS,

Minister for Posts and Telegraphs.