I, MICHAEL KEYES, Minister for Posts and Telegraphs, in exercise of the powers conferred on me by section 2 of the Telegraph Act, 1885, and with the consent of the Minister for Finance, hereby make the following Regulations :

PART I. PRELIMINARY.

Short title.

1. These Regulations may be cited as the Telex Regulations, 1955.

Commencement.

2. These Regulations shall come into operation on the 16th day of November, 1955.

Interpretation.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

Definitions.

4. In these Regulations--

" agreement " means an agreement between the Minister and a subscriber ;

" call " means the establishment of means of communication for the purpose of telex service ;

" certified " means certified by the Minister ;

" installation " means a telex line and the teleprinter or other sending and receiving apparatus and the equipment associated therewith which are provided by the Minister for a subscriber for the purpose of telex service ;

" subscriber " means a person with whom the Minister makes or has made an agreement for the purpose of enabling such subscriber to communicate with other persons by means of the installation specified in that agreement and through the medium of a telex exchange ;

" subscription " means the sum due in accordance with the terms of the agreement in respect of the rental of the installation specified in the agreement ;

" subscriber's premises " means any premises where the installation is installed ;

" telegraphic line " means a telegraphic line as defined in the Telegraph Act, 1878, and in addition a telegraph as defined in the Telegraph Act, 1869 ;

" teleprinter " means a telegraphic transmitting or receiving instrument used or intended to be used for the purpose of transmitting or receiving by means of electricity written telegrams;

" telex exchange " means switching equipment and apparatus operated by the Minister and forming part of the public telex exchange system provided by him and designated by the Minister to be a telex exchange ;

" telex line " means a circuit provided for the purpose of maintaining continuous connection with a telex exchange ;

" telex service " means a service whereby written telegrams may be sent directly between the sender and the recipient through the public telex exchange system under the control of the Minister ;

" the Minister " means the Minister for Posts and Telegraphs.

PART II. CALL CHARGES AND OTHER MATTERS RELATING THERETO.

Call Charges.

5.--(1) Subject to the provisions of these regulations, the charge for each call to an installation in Ireland or in Great Britain or in the Isle of Man or in the Channel Islands shall be the sums specified in the Schedule hereto according to the description and duration of the call.

(2) The duration of a call for the purpose of these regulations shall be calculated from the time when the establishment of means of communication begins to the time when it ends, without regard to the length of time during which messages are being sent.

Limit of duration.

6. Calls for a period exceeding three minutes may be allowed at the discretion of the Minister, but no person shall be entitled as of right to continue a call for a period exceeding three minutes, and if a call continues for a period exceeding three minutes, the Minister may, if he considers it desirable in the interests of the Service to do so, interrupt, disconnect or interrupt and disconnect the call.

Computation of distance between telex exchanges.

7.--(1) The distance between two telex exchanges connected for a call shall, for the purpose of computing the charge for such a call, be measured in a straight line on a horizontal plane.

(2) Every doubt, question, or dispute which arises in respect of the distance under this Regulation between two telex exchanges shall be decided by the Minister.

Commencement, duration and termination of calls.

8. Every doubt, question, or dispute which arises in respect of the time of commencement, the duration, or the time of termination of a call shall be decided by the Minister.

PART III. SUBSCRIBERS' INSTALLATIONS.

Provision of installation.

9.--(1) The Minister shall provide the subscriber's installation and (subject to the other provisions of these Regulations) maintain the same in good working order.

(2) The method of provision of the said installation shall be in the absolute discretion of the Minister and the subscriber shall afford all necessary and reasonable facilities for the completion of the work.

(3) If, after acceptance of an agreement by the Minister, expense is incurred by the Minister in providing an installation and an applicant should notify his desire to withdraw from the agreement before service on the said installation has been given or shall refuse or neglect to afford the facilities necessary and reasonable for the completion of the work, the subscriber shall pay to the Minister on demand--

(a) a sum equivalent to the rental for the full term provided under the agreement,

or, at the option of the Minister--

(b) the amount of the costs and expenditure incurred by the Minister in and about all works undertaken for the provision of the said installation up to the date of the said notice of withdrawal or refusal or neglect to afford facilities as aforesaid, together with the costs and expenses of the recovery and removal of any works so erected.

In addition to the said amount as aforesaid the subscriber shall also pay to the Minister, on demand, the sum of five shillings for cancellation of the agreement.

Damage to or destruction of installation.

10. The subscriber shall pay, on demand, to the Mini ster the certified cost of repairing, renewing or replacing in stock any part of the installation on the subscriber's premises which may be stolen or lost or which may be destroyed or damaged by fire or other cause.

Reconnection to a different telex exchange and alteration of telex number and answer-back code.

11. The Minister may at any time disconnect an installation from the telex exchange with which it is connected and reconnect it with any other telex exchange, and may at any time alter the telex number or answer-back code allotted to the subscriber or the name of the telex exchange with which he is connected.

Alteration or removal of installation.

12.--(1) (a) The Minister may, if he thinks fit at the request and expense of the subscriber, make any alteration in the installation, its fixtures and accessories (including the line or wires so far as they are within the boundaries of the premises in which the installation is fitted) or remove the installation to other premises, and the certified charge in respect of the cost of such alteration or removal shall be paid by the subscriber on demand.

(b) The Minister may also at any time, without request by and free of expense to the subscriber, make any alteration in the installation, if the Minister considers such alteration desirable in the interests of the public service.

(c) The terms of the agreement and the provisions of these Regulations shall apply to the installation thus altered or removed, and such terms and provisions shall not be prejudiced by any total or partial interruption of communication caused by such alteration or removal.

(2) If the subscriber vacates the premises in which the installation is fitted, the Minister shall be at liberty to recover the installation without in any way affecting the subscriber's liability under the terms of the agreement or the provisions of these Regulations.

Subscriber's responsibility for safety of installation ; prohibition of electrical attachments thereto.

13.--(1) The subscriber shall be responsible for the safety of the installation, fixtures and accessories on the subscriber's premises, and shall not damage the same.

(2) The subscriber shall not, without the written consent of the Minister--

(a) alter or remove an installation or any part thereof, or obliterate or deface any marks, words or numbers thereon,

(b) make any attachment to an installation, or place any thing in electrical connection therewith,

(c) place or use in any manner or position in relation to the installation anything that may in the opinion of the Minister have a harmful effect on the installation or on its use for the purpose for which it is provided, or

(d) place or use anything (unless provided for the purpose by the Minister) in such a manner or position in relation to the installation that it transmits or enables to be transmitted any message or other communication to or from or by means of the installation,

and shall not without such consent permit or suffer any other person to do so.

(3) The subscriber shall (without prejudice to the terms of the agreement and to the provisions of these Regulations) make good on demand the certified expense and damage to which the Minister may be put by reason of any breach of paragraphs (1) and (2) of this Regulation.

(4) The subscriber shall, on being required by the Minister so to do, forthwith cease to use and remove anything which has been attached, connected, placed or used as mentioned in paragraph (2) of this Regulation, whether by him or by another person and whether with or without the consent of the Minister.

Necessity for subscriber's co-operation.

14.--(1) The subscriber shall grant to the Minister every reasonable facility in his power for the construction, examination, and maintenance of the installation and shall permit the Minister and his servants at all reasonable times, to have free access to the subscriber's premises for the purposes aforesaid.

(2) If the Minister, after written notice in that behalf by any duly authorised officer of the Department of Posts and Telegraphs has been given to the subscriber, shall be unable to obtain any such facility as aforesaid, the Minister may, without prejudice to the terms of the agreement or to the other provisions of these Regulations, either determine the agreement at any time thereafter by notice in writing to that effect or disconnect the installation from the telex exchange until such facility as aforesaid is afforded.

Carriage of electric current at varying frequencies on telex lines hired by subscribers.

15. Nothing in these Regulations or in the relevant agreement for service shall preclude the Minister from using any telex line provided for the subscriber for any purpose (including the provision of service to other persons) involving the carrying of electric currents over such telex line at frequencies different from those used for the purpose of that subscriber's telex service.

PART IV. AGREEMENT WITH SUBSCRIBERS.

Agreement with subscribers.

16. Every applicant for telex service shall, before he is provided with an installation, be required to enter into an agreement for the use of an installation.

Requirement of security from subscriber.

17. The Minister may, either before or after the acceptance of an agreement or before or after the connection of a subscriber's installation, demand security in such form and amount as the Minister may deem necessary for the payment of any subscription, fee or charge due in respect of telex services, and, in default of such security, the Minister may, if the agreement has not commenced, refuse to implement the agreement, or, if the agreement has commenced, determine the agreement without prejudice to its terms and to the other provisions of these Regulations and, in case the installation has been provided, disconnect the installation.

Subscriber debarred from assigning, etc., agreement.

18. The subscriber shall not, except with the written consent of the Minister, assign, underlet, or otherwise dispose of the agreement, or of any benefit or advantage thereunder.

Determination of agreement in event of difficulty in obtaining licence, wayleave permission or easement.

19. If--

(a) the Minister is at any time unable or unwilling to obtain or maintain any licence, wayleave permission, or easement necessary to the construction or maintenance of the telex line, or

(b) the subscriber fails to give forthwith any undertaking required by the Minister to pay the certified cost of alterations to the telex line deemed necessary by the Minister to prevent injurious affection by electric lighting or power plant erected by or on behalf of the subscriber,

the Minister may by notice in writing to that effect determine the agreement as from the date of such notice, and the subscriber shall be entitled to no payment or compensation except a return of so much of the subscription as has been paid for a period in advance of the date of determination and the balance of any sum deposited by way of security in accordance with Regulation 17, standing in the Minister's books to the credit of the subscriber, less the value of any fees, charges or other sums due to the Minister under the agreement or the other provisions of these Regulations.

Surrender and removal of installation.

20. On the determination of the agreement by any means the subscriber shall surrender to the Minister the installation with all fixtures and accessories, in as good condition as when received, ordinary wear only excepted, and the Minister shall remove the installation and for that purpose shall have access at all reasonable times by his engineers, agents, and workmen to the subscriber's premises and to all other premises under the subscriber's control, and the subscriber shall (except as hereinbefore provided) be entitled to a return of the balance of any sum deposited by way of security in accordance with Regulation 17 hereof, but shall have no claim for compensation or damages.

Transfer of installation.

21. In the event of a subscriber ceasing his agreement, and not taking service under a new agreement, he may, with the consent of the Minister, transfer the installation formerly rented by him to another occupier of the premises at which the installation is connected, and if the unexpired term of his former agreement exceeds one month, he may be allowed rebate of rental due under the terms of his agreement in respect of the unexpired term in excess of one month, but no rebate shall be allowed in respect of any period prior to the date on which the new subscriber accepts liability for the installation transferred.

Subscriber not entitled to carry on business of collecting messages over installation, etc.

22. Nothing in the agreement or in the other provisions of these Regulations shall be regarded as entitling the subscriber to carry on the business of collecting, receiving, or delivering messages or other communications transmitted by the installation or any business of a like kind.

PART V. SUBSCRIBER'S ACCOUNTS.

Due rendering of notice or account.

23. Any notice or certified account which may be given or rendered by the Minister under the agreement or the other provisions of these Regulations shall be deemed duly given or rendered if left at the subscriber's premises, or if sent by ordinary post to his usual or last known place of address.

Payment of accounts.

24. All fees and charges payable on demand to the Minister by the subscriber, according to the agreement and to the other provisions of these Regulations, and all expenses and damages payable by the subscriber under the other provisions of these Regulations, shall be paid as soon as an account thereof is rendered to the subscriber. Any account of the fees, charges, expenses and damages payable by the subscriber shall, when certified, be prima facie evidence of the amount thereof.

Subscription for installations

25. The Minister may, as respects any subscription, require payment in advance in respect of the full minimum period specified in the agreement. In the cases in which he has required payment in advance, when the minimum term has expired, and in all other cases, the subscription shall be payable quarterly and shall be due in advance on the 1st day of January, 1st day of April, 1st day of July and 1st day of October in each year. Where payment in respect of the full minimum period is not required in advance, the first quarterly payment shall become due on whichever of the said quarterly days falls next after the certified date of the completion of the installation. The subscriber shall pay on the certified day of completion of the installation proportionate subscription from that day to the day on which the first quarterly subscription becomes due and, in addition, if security in the form of a sum of money has been demanded pursuant to the provisions of Regulation 17, such security as may have been determined by the Minister.

Subscriptions for transferred installations.

26. In the case of a transfer in accordance with Regulation 21, the subscription shall be due as from the date on which liability for the installation is accepted by the transferee, and shall be payable otherwise in accordance with the foregoing Regulation.

Alteration of subscription:

27. The Minister may from time to time increase or reduce the subscription. In the event of an increase he shall give notice to the subscriber, and no increase shall take effect before the last day of the month following the month in which notice is given. When any increase or reduction takes effect, the agreement shall be construed as if the increased or reduced subscription were provided for in the agreement.

Failure to pay subscriptions, etc.

28. If--

(a) the subscription or any of the additional fees, charges, expenses or damages payable by the subscriber to the Minister under the agreement or under the other provisions of these Regulations is in arrear for twenty-one days after the same ought to have been paid, or

(b) the subscriber is adjudged bankrupt or becomes insolvent or makes any composition or arrangement with or assignment for the benefit of his creditors, or suffers a distress or execution to be levied on any of his premises, or, in the case of a company, is wound up or has a receiver of assets appointed, or

(c) the subscriber fails to observe and perform any of the terms of the agreement or fails to comply with any provisions of these Regulations affecting him,

the Minister may (without prejudice to any other right or remedy of the Minister under these Regulations and notwithstanding the waiver of any previous breach) determine the agreement at any time thereafter, by notice in writing to that effect. The Minister shall also be entitled to recover from the subscrib r forthwith the balance of subscription due in accordance with the terms of the agreement.

Disconnection for non-payment of subscription, etc.

29. If any subscription or any fee, charge, expense or damages payable by the subscriber under the agreement or under the other provisions of these Regulations is in arrear for fourteen days, excluding Sundays and public holidays, after the relative account has been rendered, or the subscriber has failed to offer such security as may be required by the Minister in accordance with Regulation 17, the Minister may, without notice, and without prejudice to the terms of the agreement or to the provisions of these Regulations, suspend service on the installation or disconnect the installation from the telex exchange and may make in respect of any restoration of service after suspension or disconnection under the terms of this Regulation a charge of 7s. 6d. to be payable on demand.

PART VI. GENERAL.

Entry in Telex Directory.

30.--(1) A subscriber may be given one free entry in each of the appropriate sections of any Telex Directory, published by or on behalf of the Minister, and the entry may be made in such terms, manner and order as the Minister thinks fit.

(2) No subscriber shall have any claim against the Minister or any of his officers in respect of the omission of any entry from a Telex Directory or in respect of any error in any entry in a Telex Directory.

(3) No subscriber shall be entitled to any abatement of subscription in respect of any omission or error mentioned in the foregoing paragraph of this Regulation.

Non-liability of Minister.

31.--(1) Neither the Minister nor any of his officers shall be liable for--

(a) any loss, damage or injury which may be incurred or sustained in connection with telex service ;

(b) in particular (but without prejudice to the generality of the foregoing paragraph) any loss or injury which may be incurred or sustained by reason or on account of any interruption of or failure in communication over any installation telegraphic line or telex exchange system or by reason of or in connection with the taking or giving of messages by the Minister's officers, whether such loss, damage, or injury does or does not arise through the act or default of any officer of the Minister.

(2) A subscriber shall not be entitled to any abatement of subscription in respect of any such loss, damage, or injury as is mentioned in the foregoing paragraph of this Regulation or of any such interruption or failure as is mentioned.

Indecent and offensive messages not to be transmitted.

32.--(1) No installation shall be used--

(a) for the transmission of any message or communication which is grossly offensive or of an indecent, obscene or menacing character, whether addressed to an operator or any other person, or

(b) for the persistent making of calls without reasonable cause or for the purpose of causing annoyance, inconvenience, or needless anxiety to any person.

(2) The Minister may interrupt any communication or refuse to give telex service to any subscriber offending against this Regulation and may suspend without notice the telex service of any subscriber whose installation is so used unless or until such assurance is received as the Minister may deem sufficient that the offence will not be repeated.

(3) Where the Minister exercises any of his powers under this Regulation, he shall not be obliged to return or refund any charge or subscription because of such exercise.

(4) Where the Minister exercises any of his powers under this Regulation, such exercise shall not prejudice or affect the exercise of any other right of the Minister.

Telex message sent for transmission as written telegram.

33. A telex message may be sent from a subscriber's installation to the telex exchange under the control of the Minister with which the subscriber's installation is connected for further transmission to the addressee as a written telegram by means of the public telegraph system. The subscriber shall pay for this service only the charges in respect of the telegram which are payable under the statutory regulations applicable thereto.

Paper and typewriter ribbons.

34.--(1) The paper and typewriter ribbons used in any teleprinter comprised in an installation shall be of a quality, kind and size for the time being approved by the Minister.

(2) Except during such periods as the Minister may otherwise permit, a subscriber shall at all times keep properly adjusted in any teleprinter comprised in an installation an adequate supply of paper and a typewriter ribbon in good condition.

Supply of electricity.

35.--(1) If and when so required so to do by the Minister, a subscriber shall provide at his own expense in all respects a continuous supply of the electricity required by the Minister for the installing, operation and maintenance of the installation or any part thereof. Such electricity shall be supplied at such point or points and by means of such wires fitted with such sockets or other means of connection and provided with such connection to earth and with such fusible cut-outs and other protective devices as the Minister may from time to time require.

(2) The subscriber shall pay the certified cost incurred by the Minister of making such alterations to the installation as he considers necessary to conform to any change made otherwise than by the Minister in the method of applying the electricity to the installation or in the kind of electric current used.

(3) The subscriber shall leave the electricity supply provided under paragraph (1) of this Regulation continuously connected to the installation except during such periods as the Minister may otherwise permit.

Remission of charges.

36. Without prejudice to these Regulations, the Minister may in any case in which he may consider it just or reasonable so to do remit any sum made payable under these Regulations or under an agreement.

SCHEDULE.

Charges For Calls to Installations in Ireland or in Great Britain, the Isle of Man or the Channel Islands.

Description of call	For the first three minutes or part of three minutes		For each minute or part of a minute after the first three minutes
	s.	d.	s.	d.
1. A call between two installations connected with the same Telex Exchange	0	6	0	2
2. Any other call to an installation in Ireland :
If the distance between the telex exchanges connected for the purpose of the call--
(a) does not exceed 15 miles	0	6	0	2
(b) exceeds 15 miles but does not exceed 35 miles	0	9	0	3
(c) exceeds 35 miles but does not exceed 50 miles	1	0	0	4
(d) exceeds 50 miles	1	6	0	6
3. A call to an installation in Great Britain, the Isle of Man or The Channel Islands	3	0	1	0

GIVEN under my Official Seal, this 8th day of November, 1955.

(Signed) MICHAEL KEYES.

I, GERARD SWEETMAN, Minister for Finance, hereby consent to the foregoing Regulations.

GIVEN under my Official Seal, this 16th day of November, 1955.

(Signed) GERARD SWEETMAN.

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	Irish Statutory Instruments
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Irish Statutory Instruments

S.I. No. 229/1955 -- Telex Regulations, 1955.