Postal and Telecommunications Services Act 1983
- Vesting Procedure
- The Vesting Day
- Compulsory Acquisition
- Compulsory Registration
- Property Already Registered in Minister’s Name
- Minister for Communications
- Pending Dealings or Applications Lodged Prior to 01/01/1984
- Applications After 01/01/1984
This Act provides for the establishment of two limited Companies which have been formed and registered under the Companies Act. The names of the Companies are, respectively –
(a) An Post or in the English language, The Post Office, and
(b) Bord Telecom Eireann or, in the English language, The Irish Telecommunications Board [now Eircom Limited].
Each company is exempt from the requirement of the Companies Act, 1963, to include the word ‘limited’ or ‘teoranta’ in its title. An Post is to manage the postal and savings Services and Bord Telecom Eireann is to manage the Telecommunications Services. The Act sets out the functions, duties and powers of the two Companies and provides for the transfer to them of many of the rights, duties and liabilities relating to postal, telecommunications and saving services vested in the Minister for Posts and Telegraphs under various Acts.
Section 40 of the Act provides for the transfer on the Vesting day of all land which immediately before that day was vested in the Minister for Posts and Telegraphs and was used for the purposes of functions assigned by the Act to one Company and was not used in connection with the functions assigned to the other Company such land and all rights, powers and privileges relating to it, without any conveyance or assignment, stands vested in the first-mentioned company for all the estate or interest of the Minister but subject to all trusts or equities if any affecting it.
Lands vested in the Minister before the Vesting day and used partly in connection with functions assigned to one company and partly in connection with functions assigned to the other company and all rights, powers and privileges relating to such land, subject to such exceptions as may be specified by the Minister, without any conveyance or assignment stands vested on the Vesting day in the postal Company for all the estate or interest of the Minister.
The Minister may issue a * Certificate in respect of specified land certifying that the land vested in one or other company under this section or did not vest in either company and the Certificate is conclusive evidence of the facts so certified.
The Postal Company must make appropriate arrangements with the telecommunications company for the provision of facilities to the latter company for the use of land which was used by it in part prior to the vesting day. The arrangements may be made by lease licence or other form of agreement as agreed. (Section 40(4)).
Property or rights transferred under the Act or any Lease licence or other form of agreement under section 40(4) of the Act is exempt from stamp duty.
The Vesting day for each company is the 1st January, 1984, being the day appointed by the Minister for Posts and Telegraphs under section 9(2) of the Act by S.I. No. 407 of 1983, Postal and Telecommunications Services Act, 1983, (An Post) (Vesting Day) Order 1983 and S.I. No. 408 of 1983, Postal and Telecommunications Services Act, 1983, (Bord Telecom Eireann) (Vesting Day) Order 1983.
* Section 40 Certificates in Inst. 85DN07458 for Bord Telecom Eireann
Section 44 of the Act provides that each Company may, (in accordance with the Second Schedule to the Act) acquire compulsorily any land or any easement or other right over land for the purpose of a site for or approaches to any building or structure intended to be used for the purpose of its exclusive privilege under sections 63 (delivery of postal packets) or 87 (providing telecommunications services).
Lands acquired by either Company on or after the 1st January, 1984, under section 40 or 44 of the Postal and Telecommunications Services Act, 1983, and not already registered is required to be registered under section 23(1) or 23(2)(a) of the Registration of Title Act, 1964.
Where land is already registered in the name of the Minister for Posts and Telegraphs, it is a matter for the relevant company to apply for its registration with appropriate evidence namely a Certificate by the Minister under section 40(3) of the Postal and Telecommunications Services Act, 1983, stating in which Company the property has vested.
The Minister and Secretaries (Amendment) Act, 1983, provides for the establishment of a Department of Communications, for the transfer of the functions of the Minister for Posts and Telegraphs to the Minister for Communications [now Minister for Communications, Energy and Natural Resources] and for the abolition of the Office of the Minister for Posts and Telegraphs.
These changes took place on “the appointed day” which is described in the Act as “the day immediately after the vesting day (within the meaning of the Postal and Telecommunications Services Act, 1983)”. “The appointed day” is then the 2nd January, 1984, and the Certificate under section 40(3) of the Postal and Telecommunications Services Act, 1983, will be given by the Minister for Communications.
Where dealings relating to registered land have been lodged prior to 01/01/1984, registration of the Minister for Posts and Telegraphs may proceed in the usual way as of the date of lodgment of same.
Where applications for first registration of unregistered property have been lodged prior to 1/1/1984 these must be registered as of the date of settling and therefore if settled after 01/01/1984 registration should be made in the name of the appropriate company and the certificate of the Minister under section 40(3) of the Act must be obtained.
Applications for registration after 01/01/1984 by either Company must be made in accordance with the provisions of the Land Registration Rules.
Land Registration fees are payable on dealings and applications made by either company.
PROPERTY REGISTRATION AUTHORITY
1st December 2009