S.I. No. 325/1985:

TELEPHONE (AMENDMENT) (No. 3) SCHEME 1985.

TELEPHONE (AMENDMENT) (No. 3) SCHEME 1985.

BORD TELECOM ÉIREANN, in exercise of the powers conferred on it by Section 90 of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983), hereby makes the following Scheme:

1. (1) This Scheme may be cited as the Telephone (Amendment) (No. 3) Scheme 1985.

(2) The collective citation "The Telephone Schemes 1980 to 1985", shall include this Scheme.

2. This Scheme shall come into operation on the 1st day of October 1985.

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

4. The Telephone Regulations, 1980 ( S.I. No. 195 of 1980 ), are hereby amended by:

( a ) the insertion of the following after "subscriber's premises" in Regulation 4 (1):

' "Telecard" means a card issued to a Telecard Subscriber by Bord Telecom Éireann bearing a serial number allotted to such subscriber and entitling the Telecard Bearer to make a Telecard Call;

"Telecard Bearer" means the person who, whether or not he has the authority of the Telecard Subscriber, is for the time being in possession of a Telecard and includes the Telecard Subscriber or a person who has knowledge of the Telecard serial number whether or not so authorised;

"Telecard Call" means any call (whether authorised by the Telecard Subscriber or not) made by a Telecard Bearer where the Telecard Bearer cites the Telecard serial number and requests the telephone exchange operator to charge the call to the account of the said subscriber;

"Telecard Subscriber" means a subscriber to whom a Telecard has been issued pursuant to Regulation 31A hereof.'

( b ) The insertion of the following new Regulations after Regulation 31:

'31A. Bord Telecom Éireann may issue one or more Telecards to a subscriber following application and payment by the subscriber of the charge specified in paragraph 8 of Part 1 of the Fifth Schedule to these Regulations. A Telecard shall entitle the Telecard Bearer to make Telecard Calls. A Telecard Call shall be charged to and payable by such subscriber at the standard charge rate per call together with the Telecard Call charge premium specified in paragraph 9 of Part 1 of the Fifth Schedule to these Regulations. The said charges shall be payable on demand.

31B. In the event of the loss or unauthorised taking of the Telecard, the Telecard Subscriber shall without delay notify Bord Telecom Éireann verbally and in writing of such loss or taking.

31C. Subject to these Regulations, a Telecard issued by Bord Telecom Éireann pursuant to Regulation 31A shall expire on the earlier of the following dates, that is to say:

(1) the 31st day of January next following the date of issue provided that Telecards issued prior to the 31st day of January 1986 shall not expire before the 31st day of January 1987;

(2) the 28th day following the date of receipt by Bord Telecom Éireann of verbal notification pursuant to Regulation 31B of these Regulations.

31D. Bord Telecom Éireann shall be entitled at its absolute discretion to waive either or both of the charges specified in Regulation 31A for such period as it shall see fit.

31E. Without prejudice to any other remedy available to it, Bord Telecom Éireann shall be entitled to terminate a Telecard facility on the grounds that it considers that the Telecard Subscriber is in breach of any provision of the Telephone Schemes 1980 to 1985 or for any other grounds which in the opinion of Bord Telecom Éireann warrant such termination. Immediately upon such termination all Telecards issued to such Telecard Subscriber shall thereupon cease to be valid. Telecard Calls made by such Telecard Bearer and made during a period of 28 days commencing on the date of termination shall continue to be charged to and payable by such subscriber at the standard rate charge per call together with the appropriate premium.

31F. Bord Telecom Éireann shall be entitled to issue and charge for, in accordance with Regulation 31A, a further Telecard to a Telecard Subscriber on the expiry in accordance with Regulation 31C (1) of an existing Telecard issued to such subscriber unless the Telecard Subscriber should give 28 days prior notice to Bord Telecom Éireann of his intention not to renew such Telecard issued to him.

31G. A Telecard Subscriber shall not make or attempt to make a Telecard Call after a Telecard has ceased to be valid. A Telecard Subscriber shall take all practicable steps to ensure that such Telecard Bearers comply with this condition and to recover any Telecards issued to him from any Telecard Bearer after any such Telecard ceases to be valid. When a Telecard ceases to be valid in accordance with these Regulations the Telecard Subscriber shall return it to Bord Telecom Éireann as soon as practicable'.

( c ) The insertion of the following paragraphs after paragraph 7 in Part 1 of the Fifth Schedule:

'8 Telecard Charge -- £5 per Telecard per annum.

9 Telecard Call Premium -- 20p per call'.

GIVEN under the Common Seal of Bord Telecom Éireann this 25th day

of September 1985.

ELIZABETH HOLDEN

Director

ITA MEEHAN

Director

Witness:

J. JOYCE

Company Secretary

EXPLANATORY NOTE.

The purpose of this Scheme is to make provision for the introduction, from 1st October 1985, of the Telecard Service whereby telephone subscribers may, on payment of an additional charge, receive a Telecard which shall entitle the Telecard Bearer to make Telecard Calls at an additional charge of 20p per call over and above the standard charge rate for such call.