Post Office Act


Published: 1961-06-30

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I ASSENT Post Office
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1961-10


POST OFFICE ACT

Principal Act

Act. No. 1961-10 Commencement 30.6.1961
Assent 29.6.1961



Amending
enactment
Relevant current provisions Commencement
date
Act. 1971-19 ss.29-31 and 34
GN 1975/0078
Act. 1981-17 s.5(5)
1988-01 s. 48A(1) and (2) 4.4.1988
1988-13 ss. 32 and 35(1) 23.6.1988
2007-17 ss. 3(1), 5(2)(c), 6(1) & (5), 35(2),
48A(1) & (2), 50, 54, 56

14.6.2007
LN. 2012/218 ss. 2, 3, 4, 4A-4S, 5, 6, 7(1), (2),
8(1)(a), (c), (d), (2), (3), (3A), 9, 10(1),
(2), (3), (4), (5), 11(1), (2), (3), (3A),
(4), 12, 13(2)(a),(c), (3), 14(1), (4),
15, 16(1), (2), (3), 17(1), (2), (3), (5),
18(1), (2), 19(1), (2), 21, 22, 23(2), (5),
(6), 24(1), (2), (3), 25, 26(1), (2), 27,
28, 30, 32, 33, 35(1), (2), 36(a), 38,
39(1)(a), (b), 40(2), (3), (6), 41(1), (2),
42(1), (2), 43, 46, 47(1), (2), 48A,
49(1), (2), 50, 51, 52, 53, 55(1), (2),
(3), 56, 57(1), (2), 58, Sch. 1 & 2











13.12.2012


English sources

Post Office Act 1953(1 & 2 Eliz.2 c.36)

Transposing:
Directive 97/67/EC
Directive 2002/39/EC
Directive 2008/6/EC
Regulation (EC) No 1882/2003

EU Legislation/International Agreements involved:
Post Office
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1961-10
ARRANGEMENT OF SECTIONS.
Section.
1. Short title.
2. Interpretation.

PART I- POSTAL SERVICES

3. Designation and tasks of the regulatory authority.
4. Provision of information.
4A. Provision of universal service.
4B. Guarantee of Universal Service.
4C. Requirements for Universal Service.
4D. Provision of information to users.
4E. Financing of universal services.
4F. Conditions Governing the Provision of Postal Services and Access to
the Network.
4G. Procedure for individual licences.
4H. Procedure for general authorisation.
4I. Right of appeal.
4J. Tariff principles.
4K. Terminal dues: principles.
4L. Accounting principles.
4M. Audit requirements.
4N. Quality of Service Standards.
4O. Service Standards – Gibraltar mail services.
4P. Dispute resolution.
4Q. Offences and penalties.
4R. Directions by the Authority.
4S. Regulations under this Part.

PART II.–GENERAL PROVISIONS AS TO TRANSMISSION OF
POSTAL PACKETS.

5. Postage to be charged on postal packets.
6. General provisions relating to postage, etc.
7. Provisions as to postage, etc., not prepaid or insufficiently prepaid.
8. Conditions of transit of postal packets.
9. Decision as to postal packets.
10. Cash on delivery service.
11. Prohibition on sending by post of certain articles.
12. Power of the Postal Service Provider to carry into effect postal
arrangements with other countries.
13. Application of customs laws to postal packets.
14. Power to detain postal packets containing contraband.
15. Recovery of postage, etc.
16. Post Office mark evidence of amount of postage, etc.

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1961-10
PART III.–MONEY ORDERS.

17. Money orders.
18. Special provisions as to postal orders.
19. Issuing money orders with fraudulent intent.
20. Forgery and stealing of money orders.
21. Arrangements with other countries as to money orders.

PART IV.–CONVEYANCE OF MAIL BAGS BY SHIPS
AND AIRCRAFT.

22. Outward bound ships.
23. Inward bound ships and aircraft.
24. Owners’ letters.
25. Retention of postal packets after delivery of part thereof to Post
Office.
26. Carriage of parcels by coasting ships.
27. Remuneration of owners and masters or commanders of ships or
aircraft.
28. Penalty for opening of mail bag by master or commander of ship or
aircraft.

PART V.–GENERAL OFFENCES.

29. Stealing mail bag or postal packet.
30. Unlawfully taking away or opening mail bag.
31. Receiver of stolen mail bag or postal packet.
32. Fraudulent retention of mail bag or postal packet.
33. Criminal diversion of letters from addressee.
34. Secreting or destroying postal packets.
35. Opening or delaying of postal packets by officers of the Post Office.
36. Carelessness, negligence or misconduct of persons employed in
carrying or delivering mail bags, postal packets, etc.
37. Prohibition of placing injurious substances in or against post office
letter boxes.
38. Prohibition of affixing placards, etc., on post office letter boxes, etc.
39. Prohibition of imitation of post office stamps, envelopes, forms and
marks.
40. Prohibition of fictitious stamps.
41. Prohibition of false notice as to reception of letters, etc.
42. Obstruction and molestation of officers of a Postal Service Provider.
42A. Transferred.
43. Provision against hawing opposite Main Office of the Universal
Service Provider.
44. Endeavouring to procure the commission of offences.

PART VI. –LEGAL PROCEEDINGS.
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1961-10

45. Summary proceedings.
46. Provisions as to form of proceedings.
47. Evidence of thing being postal packet, and of consent to prosecution.
48. Offences also punishable at common law or under some other law.

PART VII.–MISCELLANEOUS AND GENERAL.

48A. Sale of stamps.
49. Provision as to post office letter boxes.
50. Appointment of person in charge of, and officers of the Post Office.
51. Officers to make declaration.
52. Surrender of clothing by officer of Royal Gibraltar Post Office on
ceasing to be officer.
53. Royal Gibraltar Post Office expenses.
54. Regulations.
55. Exercise of powers on behalf of Royal Gibraltar Post Office.
56. Exemption of Director from stamp duty.
57. Police may search vessels.
58. Savings and transitional provisions.

SCHEDULE 1
GUIDANCE ON CALCULATING THE NET COST, IF ANY,
OF UNIVERSAL SERVICE

SCHEDULE 2
QUALITY STANDARDS FOR INTRA-EUROPEAN UNION
CROSS-BORDER MAIL

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© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1961-10
AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING TO
THE POST OFFICE.


Short title

1. This Act may be cited as the Post Office Act.

Interpretation.

2.(1) In this Act, unless the context otherwise requires−

“access points” means physical facilities, including letter boxes, provided
for the public either–

(a) on the public highway; or

(b) at the premises of the postal service provider,

where postal items may be deposited with the postal network by
senders;

“authorisation” means any permission setting out rights and obligations
specific to the postal sector and allowing undertakings to provide
postal services which may include the permission to establish or to
operate their networks for the provision of such services, in the
form of a general authorisation or individual licence;

“Authority” means the Gibraltar Regulatory Authority established under
section 3(1) of the Gibraltar Regulatory Authority Act 2000;

“clearance” means the operation of collecting postal items by a postal
service provider;

“commander”, in relation to an aircraft, includes the pilot or other person
in charge of the aircraft;

“Commission” means the European Commission;

“cross-border mail” means mail from or to a Member State or from or to
a third country;

“customs duty” means any sum payable in relation to the import or export
of anything into or from Gibraltar;

“Directive” means Directive 97/67/EC of the European Parliament and
the Council of the European Union of 15 December 1997 on
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1961-10
common rules for the development of the internal market of
Community postal services and the implementation of quality of
service, as the same may be amended from time to time;

“distribution” means the process from sorting at the distribution centre to
delivery of postal items to their addressees or by way of derogation
in accordance with section 4A(3)(b)(ii), under conditions at the
discretion of the Authority, one delivery to appropriate installations;

“essential requirements” means conditions that may be imposed by the
Authority or the Minister on the supply of postal services on the
basis of the following non-economic reasons

(a) the confidentiality of correspondence;

(b) the security of the network as regards the transport of
dangerous goods;

(c) respect for the terms and conditions of employment or social
security schemes, laid down by law or by collective agreement
negotiated between social partners; and

(d) where justified, data protection (including personal data
protection, the confidentiality of information transmitted or
stored and protection of privacy), environmental protection and
town-planning considerations;

“foreign”, in relation to any postal packet, means either posted in
Gibraltar and sent to a place outside Gibraltar, or posted in a place
outside Gibraltar and sent to a place within Gibraltar, or in transit
through Gibraltar to a place outside Gibraltar;

“general authorisation” means an authorisation, regardless of whether it is
regulated by a class licence or under general law and regardless of
whether such regulation requires registration or declaration
procedures, which does not require the postal service provider
concerned to obtain an explicit decision by the Authority before
exercising the rights stemming from the authorisation;

“individual licence” means an authorisation which is granted by the
Authority and which gives a postal service provider specific rights,
or which subjects that undertaking’s operations to specific
obligations supplementing the general authorisation where
applicable, where the postal service provider is not entitled to
exercise the rights concerned until it has received the decision by the
Authority;

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1961-10
“insured item” means a service insuring the postal item up to the value
declared by the sender in the event of loss, theft or damage;

“item of correspondence” means a communication in written form on any
kind of physical medium other than books, catalogues, newspapers
and periodicals, to be conveyed and delivered at the address
indicated by the sender on the item itself or on its wrapping;

“local”, in relation to any postal packet or any description thereof, means
posted within Gibraltar and addressed to some place in Gibraltar,
and “local postage” means the postage chargeable on a local postal
packet;

“mail” includes every conveyance by which postal packets are carried,
whether it be a ship, aircraft, vehicle or any other conveyance, and
also a person employed in conveying or delivering postal packets;

“mail bag” includes a parcel, an envelope and any form of container or
covering in which postal packets in course of transmission by post
are conveyed, whether or not it contains any such packets;

“master”, in relation to a ship, includes every person (except a pilot)
having command or charge of the ship, whether the ship is a ship of
war or other ship;

“Minister” means the Minister with responsibility for postal services;

“officer of a postal service provider” includes any director, employee or
agent of the postal service provider;

“parcel” means any postal packet which contains any item, other than a
letter, irrespective of whether the item is of commercial value or
not;

“post office” includes any house, building, room, vehicle or place used for
the purposes of providing postal services, and any post office letter
box;

“post office letter box” includes any pillar box, wall box, or other box or
receptacle provided by the permission or under the authority of the
Minister for the purpose of receiving postal items, or any class of
postal packets of appropriate size, for transmission by or under the
authority of the universal service provider;

“postage” means the duty chargeable for the transmission of postal
packets;

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1961-10
“postal item” means an item addressed in the final form in which it is to be
carried by a postal service provider. In addition to items of
correspondence, such items also include books, catalogues,
newspapers, periodicals and postal parcels containing merchandise
with or without commercial value;

“postal network” means the system of organisation and resources of all
kinds used by the universal service provider for the purposes in
particular of

(a) the clearance of postal items covered by a universal service
obligation from access points throughout Gibraltar;

(b) the routing and handling of those items from the postal network
access point to the distribution centre; and

(c) distribution to the addresses shown on items;

“postal packet” means a letter, postcard, reply postcard, newspaper,
printed packet, sample packet, or parcel, and every packet or article
transmissible by post;

“postal services” means services involving the collection, clearance,
sorting, transport and distribution of postal items;

“postal service provider” means an undertaking providing one or more
postal services;

“public service vehicle”, in relation to Gibraltar, means a public service
vehicle within the meaning of the Traffic Act 2005;

“purposes of the postal service provider” includes any purpose relating to
or in connection with the execution of any duties for the time being
undertaken by a postal service provider or any of its officers;

“registered item” means a service providing a flat-rate guarantee against
risks of loss, theft or damage and supplying the sender, where
appropriate upon request, with proof of either or both the handing
in of the postal item or of its delivery to the addressee;

“regulations” means regulations made under this Act;

“Royal Gibraltar Post Office” means the Government entity which,
amongst other things, is engaged in providing postal services;

“Scheme” means a set of terms and conditions applicable to a postal
service provider which is issued by it with the approval of the
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1961-10
Authority in compliance with the relevant authorisation and
published in the website of the postal service provider or in any
other form;

“sender” means a natural or legal person responsible for originating
postal items;

“services provided at single piece tariff” means postal services for which
the tariff is set in the general terms and conditions of universal
service providers for individual postal items;

“ship” includes any boat or vessel whatsoever;

“terminal dues” means the remuneration of postal service providers for
the distribution of incoming cross-border mail comprising postal
items from outside Gibraltar, and in relation to outgoing Gibraltar
mail the payment to the respective entities who are commissioned to
deliver the mail in the respective countries to which the outgoing
Gibraltar mail is destined to;

“universal service provider” means the public or private postal service
provider providing a universal postal service or parts thereof within
Gibraltar, the identity of which has been notified to the Commission
in accordance with section 4C;

“user” means any natural or legal person benefiting from postal service
provision as a sender or an addressee;

“valuable security” means any document–

(a) creating, transferring, surrendering or releasing any right to, in
or over property;

(b) authorising the payment of money or delivery of any property;
or

(c) evidencing the creation, transfer, surrender or release of any
such right, or the payment of money or delivery of any
property, or the satisfaction of any obligation.

(2) For the purposes of this Act–

(a) a postal packet shall be deemed to be in course of transmission
by post from the time of its being delivered to any post office to
the time of it being delivered to the addressee;

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1961-10
(b) the delivery of a postal packet of any description to a letter
carrier or other person authorized to receive postal packets of
that description for the post or to an officer of the Post Office
to be dealt with in the course of his duty shall be a delivery to a
post office;

(c) the delivery of a postal packet at the premises to which it is
addressed or redirected, or to the addressee’s servant or agent
or to some other person considered to be authorized to receive
the packet, shall be a delivery to the addressee.

(3) Except in so far as the context otherwise requires, any reference in
this Act to any other law shall be construed as a reference to that law as
amended by or under any other law, including this Act.

(4) A reference in any law other than this Act to a post letter shall be
construed as a reference to a postal packet within the meaning of this Act.

PART I- POSTAL SERVICES

Designation and tasks of the regulatory authority.

3.(1) For the postal sector in Gibraltar, the Gibraltar Regulatory Authority
(Authority) is designated as the competent authority to carry out the
functions and duties assigned or conferred on it by this Act or any
regulations made hereunder.

(2) The Minister shall ensure that the Commission is informed of the
designation under subsection (1).

(3) The tasks referred to in subsection (4) shall be published by the
Authority in a form which is easily accessible by the public.

(4) The Authority shall have as a particular task ensuring compliance with-

(a) obligations arising from this Act in particular by establishing
monitoring and regulatory procedures to ensure the provision of
the universal service; and

(b) competition rules in the postal sector.

(5) Subject to the provisions of this Act, the Authority may do anything
that appears to it to be incidental or conducive to the carrying out of its
functions and duties under this Act.

Provision of information.

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4.(1) The Authority may request information from postal service providers,
in particular financial information and information concerning the provision
of the universal service−

(a) to ensure conformity by postal service providers with the
provisions of, or decisions made in accordance with, this Act;
and

(b) for such statistical purposes as the Authority shall clearly define.

(2) Any information requested by the Authority under subsection (1) shall
be proportionate to the performance of its functions and duties and the
Authority shall give the reasons justifying its request for information.

(3) Postal service providers shall provide the information referred to in
subsection (1) promptly on request in confidence and, where necessary,
within the time scales and to the level of detail required by the Authority.

(4) The Authority shall provide the Commission, upon request, with
appropriate and relevant information necessary for the Commission to carry
out its tasks under the Directive.

(5) Where information is considered confidential by the Authority, every
person in receipt of the information, including the Authority, shall preserve
such confidentiality.

Provision of universal service.

4A.(1) The Authority shall ensure that every user has the right to a universal
service involving the permanent provision of a postal service of specified
quality at all points in Gibraltar at affordable prices for all users.

(2) The Authority shall, to this end, take whatever steps are necessary to
ensure that the density of the points of contact and of the access points take
account of the needs of users.

(3) The Authority shall take whatever steps are necessary to ensure that
the universal service is guaranteed not less than five working days a week,
save in circumstances or geographical conditions deemed exceptional, and
that it includes as a minimum

(a) one clearance; and

(b) one delivery–

(i) to the home or premises of every natural or legal person,
or
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(ii) by way of derogation, under conditions at the discretion
of the Authority, one delivery to appropriate installations.

(4) If any derogation referred to in subsection (3)(b)(ii) is granted by the
Authority, it must be communicated to the Commission.

(5) The Authority shall ensure that a universal service shall include as a
minimum the following requirements

(a) the clearance, sorting, transport and distribution of postal items
up to two kilograms;

(b) the clearance, sorting, transport and distribution of postal
packages up to 10 kilograms; and

(c) the provision of services for registered and insured items.

(6) The Authority may–

(a) increase the weight limit of universal service coverage for postal
parcels to any weight not exceeding 20 kilograms; and

(b) authorise special arrangements for the door-to-door delivery of such
parcels

(7) Notwithstanding the weight limits set pursuant to subsections (5)(b) or
(6)(a) the Authority shall ensure that posted parcels received from a Member
State weighing up to 20 kilogrammes are delivered in Gibraltar.

(8) The minimum and maximum dimensions for the postal items in question
shall be those required by the Authority pursuant to the relevant provisions
adopted, from time to time, by the Universal Postal Union.

(9) The universal service within the meaning of this Part shall cover both
local and cross-border mail.

Guarantee of Universal Service.

4B.(1) The Authority shall ensure that–

(a) the provision of the universal service is guaranteed; and

(b) the Commission is notified of the steps it has taken to fulfil this
obligation.

(2) The Authority may designate–
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(a) one or more undertakings as universal service providers in
order that the whole of Gibraltar is covered; or

(b) different undertakings to provide different elements of
universal service or to cover different parts of Gibraltar or to both,

and where the designation is made under paragraph (b) the Authority shall
determine, in accordance with European Union law, the obligations and
rights assigned to them and shall publish such obligations and rights as it
deems fit.

(3) The Authority shall take such measures as it considers necessary to
ensure that the conditions under which universal services are entrusted are
based on the principles of transparency, non-discrimination and
proportionality so as to guarantee the continuity of the universal service
provision, by taking into account the important role it plays in social and
territorial cohesion.

(4) The Authority shall notify the Commission of the identity of the
universal service provider it has designated.

(5) The designation of a universal service provider shall be subject to a
periodic review and be examined against the conditions and principles set out
in this section.

(6) The Authority shall ensure that the duration of the designation under
this section provides a sufficient period for return on investments.

Requirements for Universal Service.

4C.(1) The Authority shall include the following conditions in any individual
licence for the provision of a universal service−

(a) the universal service shall offer–

(i) a service guaranteeing compliance with the essential
requirements, and

(ii) an identical service to users under comparable conditions;

(b) the universal service shall–

(i) be made available without any form of discrimination
whatsoever, especially without discrimination arising
from political, religious or ideological considerations,

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(ii) not be interrupted or stopped except in cases of force
majeure, and

(iii) evolve in response to the technical, economic and social
environment and the needs of users.

(2) Nothing in subsection (1) shall prejudice the right of the Government to
take such measures in the public interest as it may deem necessary in
accordance with European Union law.

(3) For the purposes of subsection (2), “public interest” includes public
morality, public security, criminal investigations and public policy.

Provision of information to users.

4D.(1) It shall be a condition of any authorisation under this Part for the
provision of a universal service, that users are regularly given sufficiently
detailed and up-to-date information by the universal service provider
regarding the particular features of the universal service offered, with special
reference to the general conditions of access to these services as well as to
prices and quality standard levels.

(2) The information referred to in subsection (1) shall be published in such
manner as the Authority may, from time to time, require.

(3) The Authority shall ensure the Commission is notified of the manner in
which the information in subsection (1) is published.

(4) Universal service providers shall refer to the standards published from
time to time in the Official Journal of the European Union in supplying the
information referred to in subsection (1) and where necessary in the interests
of users.

Financing of universal services.

4E.(1) There shall not be any exclusive or special rights for the
establishment and provision of postal services in Gibraltar.

(2) The provision of universal services may be financed in accordance with
one or more of the means provided for in this section, or in accordance with
any other means compatible with the requirements of European Union law.

(3) The provision of universal services may be procured in accordance with
the provisions of the Procurement (Utilities Contract) Regulations 2012.

(4) Where the Minister, after consulting with the Authority, determines
that universal service obligations, as provided for in this Part, entail a net
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cost calculated taking into account the provisions of Schedule 1 and
therefore represent an unfair financial burden on universal service providers,
the Minister may do either or both of the following

(a) compensate the undertaking concerned from public funds;

(b) make provision by Regulations for a mechanism for the sharing
of the net cost of the universal service obligations between
providers of services or users.

(5) Regulations made under subsection (4)(b)

(a) may provide for the establishment, operation and other matters
incidental to the establishment of a compensation fund, funded
by service providers’ fees, users’ fees or fees from both service
providers and users, and administered for these purpose by the
Authority; and

(b) may make the granting of authorisations to service providers
under this Part, subject to an obligation to make a financial
contribution to the fund referred to in paragraph (a) or to
comply with universal service obligations.

(6) The universal service obligations of the universal service provider
under section 4A may be financed in the manner set out in this section.

(7) The Minister and the Authority shall ensure

(a) that the principles of transparency, non-discrimination and
proportionality are respected in establishing the compensation
fund and when fixing the level of cost sharing under subsection
(4)(b) and of the financial contributions referred to in
subsection (5); and

(b) that any decision taken under subsection (4), (5) or (6) is based
on objective and verifiable criteria, and made public.

(8) Nothing in this section shall prejudice the Minister’s right to

(a) provide for the siting of letter boxes on the public highway;

(b) issue postage stamps; or

(c) make Regulations for the provision of a registered mail service
used in the course of judicial or administrative procedures.

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Conditions Governing the Provision of Postal Services and Access to the
Network.

4F.(1) No person shall provide a universal service without an individual
licence issued by the Authority.

(2) No person shall provide a postal service outside the scope of the
universal service without complying with the essential requirements and
conditions of general authorisation issued from time to time by the Authority
pursuant to section 4H(1).

(3) An authorisation to operate or provide postal services may be obtained
from the Authority−

(a) by individual licence granted in respect of a universal service to
the extent necessary in order to guarantee compliance with
essential requirements and to safeguard the universal service;
and

(b) by general authorisation in respect of services which are outside
the scope of the universal services to the extent necessary to
guarantee compliance with the essential requirements.

(4) The granting of authorisations by the Authority may−

(a) be subject to universal service obligations;

(b) where necessary and justified, be subject to such requirements
concerning the quality, availability and performance of the
relevant services as it may see fit to impose;

(c) where appropriate, be subject to such obligation to make a
financial contribution to the sharing mechanisms referred to in
section 4E(5)(b) as the Authority may determine, if the
provision of the universal service entails a net cost and
represents an unfair burden on the universal service providers
designated in accordance with section 4B;

(d) where appropriate, be subject to an obligation to make a
financial contribution to the Authority's operational costs arising
pursuant to this Act; and

(e) where necessary and justified, be subject to an obligation to
respect the conditions of employment under the Employment
Act or any other enactment relating to working conditions.

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(5) Requirements referred to in subsection (4)(a) and in section 4A may
only be imposed on designated universal service providers.

(6) Except in the case of undertakings that have been designated as
universal service providers in accordance with section 4B, authorisations
granted under this Part may not

(a) be limited in number;

(b) for the same elements of the universal service or parts of
Gibraltar, impose universal service obligations and, at the same
time, financial contributions to a sharing mechanism;

(c) duplicate conditions which are applicable to undertakings by
virtue of other, non-sector-specific legislation; or

(d) impose technical or operational conditions other than those
necessary to fulfil the obligations of this Part.

(7) The Authority shall ensure that

(a) procedures, obligations and requirements referred to in this
section are transparent, accessible, non-discriminatory,
proportionate, precise, unambiguous, made public in advance
and based on objective criteria; and

(b) the reasons for refusing or withdrawing an authorisation in
whole or in part under this section are communicated to the
person concerned.

(8) Whenever necessary to achieve either or both of the following
objectives, namely–

(a) the protection of the interests of users;

(b) the promotion of effective competition,

and, having regard to the conditions prevailing in Gibraltar, the Authority
shall ensure that transparent, proportional and non-discriminatory access
conditions are available to all elements of postal infrastructure or services
provided within the scope of the universal service, such as

(i) a postcode system;

(ii) an address database;

(iii) post office letter boxes;
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(iv) delivery boxes;

(v) information on change of address; and

(vi) re-direction and return to sender services.

(9) Subsection (8) shall be without prejudice to the right of the Minister to
adopt measures to ensure access to the postal network under transparent,
proportional and non-discriminatory conditions.

Procedure for individual licences.

4G.(1) Any person seeking an authorisation by means of an individual
licence shall apply to the Authority on such form and in such manner as may
be required by the Authority, and shall provide to the Authority all such
information as the Authority may require to enable it to assess the
application.

(2) The application shall, in particular, specify the postal service for which
it is made and shall include such information as is sufficient to demonstrate
that the applicant fulfils the conditions for the grant of the licence.

(3) Upon receipt of an application, the Authority shall cause the fact that
an application has been made, to be published in the Gazette, giving such
details as it may deem appropriate to enable any person to make
representations about the application.

(4) The Authority shall consider the application after conducting the
necessary investigations and considering any representations made in respect
thereof, and may for this purpose require from any person any further
information it may deem necessary.

(5) The Authority shall complete its investigations within a reasonable time
and shall thereupon decide whether or not to grant the licence applied for.

(6) If the Authority decides that a licence is to be granted, the Authority
shall approve the application and grant the individual licence in such form as
it may prescribe.

(7) The Authority may refuse to grant an individual licence to a person to
operate a universal service, if it is of the opinion that the grant of the licence
would−

(a) be against the public interest, or is inconsistent with
Government policy;

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(b) be inconsistent with the provisions of this Act or of any other
law;

(c) pose a danger or nuisance to the public or `cause damage to any
property; or

(d) authorise an applicant applying for an individual licence, when
he does not demonstrate to the Authority that he fulfils the
conditions for the grant of such a licence.

(8) The Authority may also refuse to grant the licence applied for if it has
grounds to believe that the applicant is not a fit and proper person to hold
the licence applied for, or is not in a position, because of the financial and
other specific circumstances of the applicant, to comply with the provisions
of this Act or of any regulations made thereunder or with the conditions of
the licence if granted.

(9) The Authority shall−

(a) inform the applicant of its decision to grant or refuse a licence
within 12 weeks from the date when it receives the application;

(b) communicate in writing to the applicant the decision to refuse
an application; and

(c) set out briefly in writing the reasons for a decision to refuse an
application.

(10) Where the beneficiary of an individual licence does not comply with a
condition attached to the licence, the Authority may withdraw, amend or
suspend the individual licence or impose such measures as it may consider
appropriate to ensure compliance.

(11) The Authority shall at the same time give the beneficiary concerned a
reasonable opportunity to state his views on the application of the condition
and to remedy any breaches within one month commencing from the date of
the intervention of the Authority, save that in the case of repeated breaches,
the Authority may require the beneficiary to immediately take appropriate
measures.

(12) If the beneficiary concerned remedies the breaches, the Authority
shall, within two months from its initial intervention, revoke or modify its
decision as it deems appropriate and it shall give the reasons for its decision.

(13) If the beneficiary concerned does not remedy the breaches the
Authority shall, within two months from its initial intervention, confirm its
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decision and give the reasons for its decision. The decision shall be
communicated within one week of its adoption to the beneficiary concerned.

Procedure for general authorisation.

4H.(1) In order to obtain a general authorisation, the postal service provider
shall−

(a) notify in writing his intention to the Authority that he will
comply with the essential requirements and conditions published
in the Authority’s website which, on request, will be made
available in both soft and hard copies on payment of cost as the
Authority may prescribe; and

(b) follow any other procedure as may be prescribed by Regulations
by the Minister.

(2) Upon notifying the intention referred to in subsection (1), the postal
service provider may start providing services outside the scope of the
universal service without any express permission from the Authority, subject
to such requirements, conditions and procedure as may be prescribed by
Regulations by the Minister.

(3) Where a person enjoying a general authorisation does not comply with
the essential requirements, any condition published in the Authority’s website
or any requirements, conditions and procedure as may be prescribed by
Regulations by the Minister with regard to a general authorisation, the
Authority may cause initial intervention by–

(a) informing its decision to that person that he is not entitled to
avail himself of the general authorisation; and

(b) imposing on that person such measures as may be necessary to
ensure compliance by him with the conditions of the general
authorisation.

(4) The Authority shall at the same time give the person referred to in
subsection (3) a reasonable opportunity to–

(a) state his views on the application of the conditions; and

(b) remedy any breaches within one month from the intervention of
the Authority.

(5) If the person referred to in subsection (3)−

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(a) remedies the breaches to the satisfaction of the Authority, the
Authority shall, within two months of its initial intervention,
revoke or modify its decision as it may consider appropriate and
it shall give the reasons for its decision;

(b) does not remedy the breaches, the Authority shall, within two
months of its initial intervention, confirm the decision by giving
reasons for it.

(6) Where the Authority revokes the decision under subsection (5)(a), the
general authorisation to operate or provide a postal service outside the scope
of the universal service shall continue to be in force in favour of the person
referred to in subsection (3).

(7) Where the Authority modifies the decision under subsection (5)(a), the
general authorisation to operate or provide a postal service outside the scope
of the universal service shall continue to be in force in favour of the person
referred to in subsection (3) subject to such modification.

(8) Where the Authority confirms the decision under subsection (5)(b), it
shall communicate that decision, within one week of its confirmation, to the
person referred to in subsection (3) upon which the right of that person to
provide the service in question under the provisions of the general
authorisation shall cease forthwith until he satisfies the Authority that
conditions have been met.

Right of appeal.

4I.(1) A person aggrieved by a decision of the Authority or the Minister
under this Act may appeal against that decision on any one or more of the
following grounds

(a) that a material error as to the facts has been made;

(b) that there was a material procedural error;

(c) that a material error of law has been made;

(d) that there was some other material illegality.

(2) An appeal of the nature referred to in subsection (1) lies to the
Supreme Court.

(3) The Supreme Court in determining an appeal under this section may-

(a) dismiss the appeal; or

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(b) quash the decision and refer the matter to the Minister or the
Authority, as the case may be, with a direction to reconsider it
and adopt a decision in accordance with the findings of the
Supreme Court.

(4) No appeal under this section shall be brought unless the leave of the
Supreme Court has been obtained in accordance with-

(a) Part IV of the Supreme Court Rules 2000; or

(b) such Rules as may be made under paragraph (a) of subsection
(10).

(5) An appeal under this section shall be brought as soon as reasonably
practicable and in any event not later than three weeks from the date on
which the Minister or the Authority, as the case may be, adopted the decision
or within such other period as may be specified in such Rules as may be
made under paragraph (b) of subsection (10).

(6) The bringing of an appeal under this section shall not operate to
suspend the effect of the decision appealed against unless the Supreme Court
grants interim measures.

(7) Except as provided by this section, the validity of a decision to which
this section applies shall not be questioned in any legal proceedings
whatsoever.

(8) If by reason of any default on the part of the person who has instituted
an appeal in accordance with this section, the appeal has not been determined
by the Supreme Court within three months of the date of the notice of appeal
or application by which the appeal was instituted, the Minister or the
Authority, as the case may be, may apply to the Supreme Court, by a
summons served on the person who has instituted the appeal in accordance
with this section, to show cause why the appeal should not be dismissed for
want of prosecution; and upon the making of such an application the
Supreme Court may dismiss the appeal or make such other order as it
considers just.

(9) A decision of the Supreme Court under this section shall be final as to
any question of fact, but an appeal shall lie to the Court of Appeal on any
question of law.

(10) The Chief Justice may make Rules prescribing any one or more of the
following−

(a) a procedure for obtaining the leave referred to in subsection
(4);
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(b) the other period referred to in subsection (5);

(c) the court fees payable in making an appeal of the nature
referred to in subsection (1);

(d) the forms and the procedure for such appeals.

Tariff principles.

4J.(1) Tariffs for each of the services forming part of the universal service
shall comply with the following principles

(a) prices shall be affordable and must be such that all users,
independent of geographical location and, in the light of
Gibraltar’s specific conditions, have access to the services
provided;

(b) prices shall be cost-oriented and give incentives for an efficient
universal service provision;

(c) the Minister may decide for reasons relating to the public
interest that a uniform tariff shall be applied, throughout
Gibraltar or cross-border or both, to services provided at single
piece tariff and to other postal items;

(d) the application of a uniform tariff shall not exclude the right of
the universal service provider to conclude individual agreements
on prices with users; and

(e) tariffs shall be transparent and non-discriminatory.

(2) Tariffs set pursuant to this Part may make provision for the
introduction or the maintenance of a free postal service for the use of blind
or partially-sighted persons.

(3) Whenever universal service providers apply special tariffs for services
for businesses, bulk mailers or consolidators of mail from different users,
they shall apply the principles of transparency and non-discrimination with
regard both to the tariffs and to the associated conditions.

(4) The tariffs under subsection (3), together with the associated
conditions, shall apply equally both as between different third parties and as
between third parties and universal service providers supplying equivalent
services.

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(5) Every tariff imposed under subsection (2) shall also be available to
users, in particular individual users and small and medium-sized enterprises,
who post under similar conditions.

Terminal dues: principles.

4K.(1) The Authority shall, in order to ensure the cross-border provision of
the universal service, encourage universal service providers to arrange that–

(a) in their agreements on terminal dues for intra-European Union
cross-border mail; or

(b) foreign mail generally,

the following principles are respected

(i) terminal dues shall be fixed in relation to the costs of
processing and delivering incoming cross-border mail,

(ii) levels of remuneration shall be related to the quality of
service achieved, and

(iii) terminal dues shall be transparent and non-discriminatory.

(2) The Authority, on the instructions of the Minister, may arrange for the
implementation of the principles in subsection (1) in a manner designed to
avoid undue disruption on postal markets or unfavourable implications for
economic operators, if

(a) there is agreement between the operators of origin and receipt;
and

(b) that the arrangements are restricted to the minimum required to
achieve these objectives.

Accounting principles.

4L.(1) The accounting procedures of universal service providers shall be
conducted in accordance with the provisions of this section.

(2) The universal service providers shall

(a) keep separate accounts within their internal accounting systems
in order to clearly distinguish between each of the services and
products which are part of the universal service and those which
are not;

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(b) operate such internal accounting systems on the basis of
consistently applied and objectively justifiable cost accounting
principles.

(3) The accounting separation set out in subsection (2) shall be used as an
input when the Authority calculates the net cost of the universal service.

(4) The accounting system referred to in subsection (2) shall, without
prejudice to subsection (5), allocate costs in the following manner

(a) costs which can be directly assigned to a particular service or
product shall be so assigned;

(b) common costs, that is, costs which cannot be directly assigned
to a particular service or product, shall be allocated as follows

(i) whenever possible, common costs shall be allocated on
the basis of direct analysis of the origin of the costs
themselves;

(ii) when direct analysis is not possible, common cost
categories shall be allocated on the basis of an indirect
linkage to another cost category or group of cost
categories for which a direct assignment or allocation is
possible and the indirect linkage shall be based on
comparable cost structures;

(iii) when neither direct or indirect measures of cost allocation
can be found, the cost category shall be allocated on the
basis of a general allocator computed by using the ratio of
all expenses directly or indirectly assigned or allocated,
on the one hand, to each of the universal services and, on
the other hand, to the other services; and

(iv) common costs, which are necessary for the provision of
both universal services and non-universal services, shall
be allocated appropriately and the same cost drivers must
be applied to both universal services and non-universal
services.

(5) Other cost accounting systems may be applied only if–

(a) they are compatible with subsection (2) and have been approved
by the Authority; and

(b) the Commission is informed prior to their application.

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(6) The Authority shall ensure that–

(a) compliance with one of the cost accounting systems described
in subsection (4) or (5) is verified, at the expense of the
universal service provider, by a competent body which is
independent of the universal service provider; and

(b) a statement concerning compliance is published periodically in
such manner as it may, from time to time, require.

(7) The Authority shall−

(a) keep available, to an adequate level of detail, information on the
cost accounting systems applied by a universal service provider;
and

(b) ensure such information is submitted to the Commission on
request.

(8) On request, any person holding detailed accounting information arising
from such accounting systems shall make the information available in
confidence to the Authority and to the Commission.

(9) Where−

(a) a financing mechanism for the provision of the universal service,
as permitted under section 4E, has not been used;

(b) the Authority is satisfied that none of the designated universal
service providers is in receipt of assistance from the
Government, whether hidden or otherwise; and

(c) competition in the market is fully effective,

the Authority may decide not to apply the requirements of this section.

(10) Postal service providers which are obliged under the provisions of this
Part to contribute to a compensation fund shall introduce a system ensuring
accounting separation approved by the Authority to ensure the functioning of
the fund.

Audit requirements.

4M. The financial accounts of all universal service providers shall be drawn
up, submitted to audit by an independent auditor and published in accordance
with the relevant European Union and Gibraltar laws relating to commercial
undertakings.
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Quality of Service Standards.

4N.(1) The Authority shall ensure that quality-of-service standards are set
and published in relation to universal service in order to guarantee a postal
service of good quality.

(2) The quality-of-service standards for intra-European Union cross-border
mail shall be those established by the European Parliament and the Council
and set out in Annex II to the Directive, as set out in Schedule 2 for
information purposes.

(3) Quality standards shall focus, in particular, on routing times and on the
regularity and reliability of services.

(4) Independent performance monitoring shall be–

(a) carried out at least once a year by external bodies having no
links with the universal service providers under standardised
conditions; and

(b) the subject of reports published at least once a year.

Service Standards – Gibraltar mail services.

4O.(1) After consultation with the Minister in respect of universal service
providers’ obligations, the Authority shall−

(a) lay down quality standards for Gibraltar mail services; and

(b) ensure that those standards are compatible with those laid down
for intra-European Union cross-border services.

(2) The Authority shall ensure that the Commission is notified of the
quality standards for Gibraltar mail services referred to in subsection (1).

(3) The Authority shall ensure that independent performance monitoring is
carried out in accordance with section 4N(4), that the results are justified,
and that corrective action is taken where necessary.

(4) Where exceptional situations relating to infrastructure or geography so
require, the Authority may determine exemptions from the quality standards
provided for in Schedule 2, and in such case it shall ensure that the
Commission is notified forthwith.

Dispute resolution.

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4P.(1) Without prejudice to any international obligations relating to
compensation schemes and without prejudice to postal users’ rights arising
otherwise than by this section, transparent, simple and inexpensive
procedures shall be made available by all postal service providers for dealing
with postal users’ complaints, particularly−

(a) in cases involving loss, theft, damage or non-compliance with
service quality standards; and

(b) procedures for determining where responsibility lies in cases
where more than one operator in Gibraltar or elsewhere is
involved.

(2) It shall be a condition subject to which an authorisation under this Part
is granted that the procedures referred to in subsection (1) enable disputes to
be settled fairly and promptly with provision, where warranted, for a system
of reimbursement, compensation or both.

(3) The Authority–

(a) may establish a complaints procedure which shall be published
on its website; and

(b) shall encourage the development of independent out-of-court
schemes for the resolution of disputes between postal service
providers and users.

(4) Without prejudice to any right of appeal or other means of redress
where a user’s complaint to an undertaking providing postal services within
the scope of the authorisation has not been satisfactorily resolved, the user
may file a complaint with the Authority.

(5) Where a complaint is brought to the Authority pursuant to subsection
(4), the Authority shall have the power to request from the relevant postal
service provider such information and records as the Authority may deem
appropriate to enable it to consider the complaint.

(6) In considering a complaint under this section, the Authority may issue a
direction to require the postal service provider concerned to−

(a) amend its operational procedure;

(b) pay the complainant such level of reimbursement, compensation
or both, as it may deem fair and reasonable; or

(c) do both as referred to in paragraphs (a) and (b).

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(7) It shall be a condition subject to which an authorisation under this Part
is granted that postal service providers comply with any requirements issued
by the Authority pursuant to subsections (4) to (6), and any such postal
service providers shall have a single right of appeal on a point of law from
any decision of the Authority to the Supreme Court.

(8) For the purposes of section 4N, universal service providers and,
wherever appropriate, undertakings providing services within the scope of
the universal service, shall publish in such manner as the Authority may
require, an annual report on the monitoring of their performance, together
with information on the number of complaints and the manner in which they
have been dealt with.

Offences and penalties.

4Q.(1) A person who contravenes subsection (1) or (2) of section 4F,
commits an offence and is liable on summary conviction to a fine not
exceeding level 5 on the standard scale.

(2) A person who−

(a) continues to operate or provide a universal service after his
individual licence has been withdrawn under section 4G(11);

(b) acts against a decision or measures imposed by the Authority
under section 4H(3); or

(c) continues to operate or provide the postal service after his
rights under the general authorisation have been removed under
section 4H(8),

commits an offence and is liable on summary conviction to a fine not
exceeding level 5 on the standard scale.

(3) A person who is convicted of an offence under this section shall, where
the offence continues after the conviction

(a) be deemed to commit a separate offence in respect of every day
on which the offence so continues; and

(b) be liable on summary conviction to a fine not exceeding level 4
on the standard scale for each such day.

Directions by the Authority.

4R.(1) The Authority may issue directions to any person who is subject to
the provisions of this Act, whether individually or generally, requiring that
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person to do or refrain from doing anything which the Authority may
consider necessary for that person to comply with any provision of, or any
condition, obligation or other requirement applicable to that person under
this Act and that person shall give effect to any such direction.

(2) A person who refuses or, without reasonable excuse, fails to do
anything duly required of him by a direction issued under subsection (1)
commits an offence.

(3) A person who commits an offence under subsection (2) is liable on
summary conviction to a fine not exceeding level 5 on the standard scale.

Regulations under this Part.

4S.(1) The Minister may, by Regulations, do anything he is empowered to
do and prescribe anything requiring to be prescribed pursuant to the
provisions of this Part.

(2) Without prejudice to the generality of subsection (1) the Minister may,
by Regulations

(a) provide for the procedure for applications for authorisations,
fees and forms as he may deem appropriate in order to make
better provision for the execution of this Part; and

(b) make such provision as he deems appropriate in cases where a
condition imposed under sections 4C and 4F has been breached,
including penalties, withdrawal or suspension of the right to
offer a postal service or other sanctions.

(3) Without prejudice to the generality of subsection (1), the Minister shall,
by Regulations and in consultation with the Authority, establish monitoring
and regulatory procedures to ensure the provision of a universal service.

(4) Regulations made under subsection (2)(b) shall make such provision
for fines, penalties, offences and powers of search and seizure as the Minister
may deem appropriate.

(5) The Minister may make Regulations for the purposes of giving effect to
or implementing any European Union or other international obligation.


PART II.–GENERAL PROVISIONS AS TO TRANSMISSION OF
POSTAL PACKETS.

Postage to be charged on postal packets.

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5.(1) Subject to the provisions of this Act, in particular section 4J, and any
other law, there shall be charged by the postal service provider in respect of
postal packets which are conveyed or delivered for conveyance by post
under an authorisation from the Authority such postage and other sums as
may be prescribed by a Scheme issued and published by that postal service
provider.

(2) The Scheme referred to in subsection (1) may, subject to the
provisions of section 4J−

(a) fix or provide for the determination of the rates of postage and
the other sums, if any, to be charged in respect of postal
packets and postal facilities under this Act;

(b) make provision as to the scale of weights and the circumstances
according to which those rates and sums are to be charged;

(c) confer upon the postal service provider power, with or without
the consent of the Authority, to remit in whole or in part any
postage or other sums chargeable in such cases or classes of
cases as he may determine.

General provisions relating to postage, etc.

6.(1) The manufacture, sale and issue of Gibraltar postage stamps which
bear the Royal Cipher or effigy of Her Majesty the Queen or a previous
reigning monarch is the exclusive privilege of the Royal Gibraltar Post
Office.

(2) The Royal Gibraltar Post Office may stamp any paper sent to it for
the purpose of being stamped as covers or envelopes of postal packets with
its stamps denoting the appropriate postage on payment of the amount of the
stamps required to be impressed.

(3) The Royal Gibraltar Post Office may make repayments or give other
of its stamps in return for any spoiled, unused or misused Gibraltar stamps
issued by it either of a value equal to the face value thereof, or, if it thinks fit,
of any less value.

(4) The marks used by the Royal Gibraltar Post Office for the purpose of
cancelling stamps used for the payment of postage on postal packets may
consist of such words or devices as it may in its discretion think proper,
including words or devices constituting advertisements in respect of the use
of which as postmarks payment is made by any persons to the Royal
Gibraltar Post Office.

Provisions as to postage, etc., not prepaid or insufficiently prepaid.
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7.(1) Where the postage or any other sum chargeable for the transmission
of a local postal packet is required to be prepaid and has not been, or has
been insufficiently, prepaid by the sender, there shall be payable by the
addressee on the delivery of the packet, or, if the packet is refused or cannot
for any other reason be delivered, by the sender-

(a) where the non-payment or deficiency is in respect of postage,
an amount equal to double the amount of the postage or, as the
case may be, of the deficiency;

(b) where the non-payment or deficiency is in respect of a sum
other than postage, an amount equal to that sum or, as the case
may be, to the amount of the deficiency:

Provided that the Scheme may provide that, in the case of any such packets
and subject to such conditions, if any, as may be prescribed in the the
Scheme, such lesser amount than that specified in paragraph (a) shall be
payable as may be so prescribed.

(2) Where, on the delivery to him of a local postal packet, the addressee
has paid any amount thereon in accordance with subsection (1) and desires
to reject the packet, the postal service provider may, on the application of
the addressee, charge to the sender the said amount together with the
additional postage and other charges, if any, for returning the packet to him,
and the sender shall pay any sum so charged; and on the payment by the
sender of that sum the postal service provider shall repay to the addressee
the amount paid by him under subsection (1).

Conditions of transit of postal packets.

8.(1) The postal service provider may issue and publish Schemes which
may include –

(a) the time and mode of posting and delivery of postal packets and
of the payment of postage and other sums payable in respect
thereof;

(b) the registration of, giving of receipts for, or giving or obtaining
of certificates of posting or delivery of, any postal packet, and
any sums to be paid in addition to postage for that registration,
receipt or certificate;

(c) Deleted

(d) covers for postal packets;

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(e) the form, dimensions and maximum weight of postal packets;

(f) what may be enclosed in postal packets;

(g) the use for making communications of postal packets not
charged with postage as letters;

(h) the extent to which written matter may be permitted on the
covers of postal packets and the character and position of that
written matter;

(i) what circulars or commercial, legal or other documents shall be
charged with postage otherwise than as letters;

(j) what marks or indications referring to the contents of a
newspaper may be written or printed on the newspaper or on
the cover thereof without causing the packet to be charged with
postage as a letter;

(k) the postponement of the despatch or delivery from a post office
of printed or sample packets or post-cards to avoid delay in the
despatch or delivery of letters;

(l) the re-direction of postal packets and the transmission of postal
packets so re-directed either free of charge or subject to such
postage or other charges as may be specified in the regulations;

(m) Deleted

and otherwise as to the conditions, prohibitions and restrictions subject to
which postal packets may be posted, forwarded, conveyed or delivered; and
different Schemes may be made for different cases or different
circumstances.

(2) Save as provided in section 7 of the Crown Proceedings Act, the
registration of or giving of a receipt for a postal packet, or the giving or
obtaining of a certificate of posting or delivery of a postal packet by the
Royal Gibraltar Post Office, shall not render the Crown in any manner liable
for the loss of the packet or the contents thereof beyond the requirements of
the relevant Scheme.

(3) If any postal packet is posted or sent by post in contravention of this
Act or of any regulation made thereunder or any Scheme, the transmission
thereof may be refused and the packet may, if necessary, be detained and
opened by the relevant postal service provider in the post office and may be
returned to the sender thereof or forwarded to its destination, subject in
either case to any regulations as to additional postage or other charges, or
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may be destroyed or otherwise disposed of or dealt with as the Authority
may direct.

(3A) Any Regulations made under this Act may make special conditions in
respect of the transmission by post of postal packets consisting of books or
paper (including letters to or from blind persons) impressed or otherwise
prepared for the use of the blind, or of papers posted to any person for the
purpose of being so impressed or prepared, or of any article specially
adapted for the use of the blind.

Decision as to postal packets.

9. If any question arises whether any postal packet is a letter or any other
description of postal packet within the meaning of this Act or of any
regulations made thereunder, the decision of the Authority thereon shall be
final.

Cash on delivery service.

10.(1) A postal service provider may conduct, in accordance with such
provisions as may be contained in a Scheme, a cash on delivery service in
respect of–

(a) local postal packets;

(b) postal packets transmitted between Gibraltar and any other
country or place the postal the postal administration of which
has made an arrangement with a postal service provider for the
purposes of this section.

(2) Schemes made for the purposes of this section may prescribe the
terms on which and the conditions subject to which a cash on delivery packet
may be posted, conveyed and delivered, and in particular may–

(a) authorize a postal service provider to withhold delivery of such
a packet until the sums payable in respect thereof have been
paid; and

(b) provide for the remission to the senders of such packets by
means of money orders of the sums payable to them in respect
of the packets.

(3) Where a cash on delivery packet is delivered in Gibraltar without the
sums payable in respect thereof having been paid, a postal service provider
may by notice in writing require the addressee within the time specified in the
notice either to pay those sums or to re-deliver the packet intact to a postal
service provider, and if the addressee fails to comply with the notice a postal
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service provider shall be entitled to recover such sums as a debt due to him
from the addressee.

(4) The provisions of this Act as to the recovery of postage or other
sums payable in respect of a postal packet shall apply in relation to any sums
payable in respect of a cash on delivery packet, and a certificate of the
amount of any sum payable under the Scheme, in any legal proceedings for
the recovery of any such sums, be sufficient proof of the facts stated therein
unless the contrary is shown.

(5) In this section, the expression “ cash on delivery service” means a
service whereby a postal service provider or other postal administration
undertakes at the request of the sender of a postal packet to collect, or
secure the collection of, a sum of money on his behalf from the addressee as
a condition of delivery; and the expression “cash on delivery packet” means a
postal packet in respect of which such an undertaking is given.

Prohibition on sending by post of certain articles.

11.(1) A person shall not send or attempt to send or procure to be sent a
postal packet which–

(a) except as a postal service provider may either generally or in
any particular case, with prior express consent of the Authority
and every single possible handler and carrier of the postal
packet in question, allow, encloses any explosive, dangerous,
noxious or deleterious substance, any filth, any sharp instrument
not properly protected, any noxious living creature, or any
creature, article or thing whatsoever which is likely to injure
either other postal packets in course of conveyance or an officer
of the postal service provider;

(b) encloses any indecent or obscene print, painting, photograph,
lithograph, engraving, cinematograph film, book, card or
written communication, or any indecent or obscene article
whether similar to the above or not; or

(c) has on the packet, or on the cover thereof, any words, marks or
designs which are grossly offensive or of an indecent or obscene
character.

(2) A person who acts in contravention of subsection (1) is guilty of an
offence and is liable on summary conviction to a fine not exceeding level 3
on the standard scale or on conviction on indictment to imprisonment for
twelve months.

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(3) If a postal service provider finds a postal packet to contain any such
articles as are mentioned in paragraph (b) or (c) of subsection (1) or of any
postal packet having thereon, or on the cover thereof, any words, marks or
designs of a libellous character, the postal service provider may refuse to
accept or deliver the same and will consult with the Authority as to action to
be taken.

(3A) The postal service provider shall not be liable for the contents in the
transmission or delivery of any such articles as are mentioned in paragraph
(b) or (c) of subsection (1) or of any postal packet having thereon, or on the
cover thereof, any words, marks or designs of a libellous character.

(4) The detention in the post office of any postal packet on the grounds
of a contravention of this section shall not exempt the sender thereof from
any proceedings which might have been taken if the packet had been
delivered in due course of post.

Power of the Postal Service Provider to carry into effect postal
arrangements with other countries.

12. Where an arrangement has, either before or after the commencement of
this Act, been made by the postal service provider with the postal
administration of any other country with respect to the conveyance by post
of any postal packets between Gibraltar and places outside Gibraltar, or
whether through Gibraltar or not, between places outside Gibraltar, a
contract may be entered into may be made for carrying the arrangement into
effect, and may make provision as to the charges for the transit of postal
packets, single or in bulk, the scale of weights to be adopted, and the
accounting for and paying over to any other postal administration of any
money received by the postal service provider.

Application of customs laws to postal packets.

13.(1) Subject to the provisions of this section, the provisions of the Imports
and Exports Act and any other law for the time being in force relating to
customs or to import and export duties and control shall apply in relation to
goods contained in postal packets to which this section applies brought into
Gibraltar by post or sent out of Gibraltar by post to any place outside
Gibraltar as they apply in relation to goods otherwise imported, exported or
removed into or out of Gibraltar from or to any such place.

(2) Regulations may be made–

(a) Deleted

(b) for making modifications or exceptions in the application of the
said law to such packets;
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(c) for enabling officers of the postal service provider to perform
for the purposes of the said law and otherwise all or any of the
duties of the importer, exporter or person removing the goods;

(d) for carrying into effect any arrangement with the postal
administration of any other country with respect to foreign
postal packets;

(e) for securing the observance of the said law and, without
prejudice to any liability of any person under such law, for
punishing any contravention of the regulations;

and different regulations may be made for foreign and local postal packets.

(3) The provisions of this Act as to the recovery of postage or other
sums payable in respect of a postal packet shall apply in relation to any
customs duty or other charges payable in respect of a postal packet to which
this section applies, whether payable to the Government or to the
government of any country outside Her Majesty’s dominions, and a
certificate of the amount of any such duty or other charges purporting to be
signed by the postal service provider shall in any legal proceedings for the
recovery of the duty or charges be sufficient evidence of the facts stated
therein unless the contrary is shown.

Power to detain postal packets containing contraband.

14.(1) Without prejudice to section 13, a postal service provider may detain
any postal packet suspected to contain any goods chargeable with any
customs duty which has not been paid or secured or any goods in the course
of importation, exportation or removal into or out of Gibraltar contrary to
any prohibition or restriction for the time being in force with respect thereto
under or by virtue of any law and may forward the packet to the Collector of
Customs.

(2) Where any postal packet has been forwarded to the Collector of
Revenue under this section he may–

(a) in the presence of the person to whom the packet is addressed;
or

(b) if, after notice in writing from them requiring his attendance left
at or forwarded by post to the address on the packet, the
addressee fails to attend, or if the address on the packet is
outside Gibraltar, then in his absence,

open and examine the packet.
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(3) Where the Collector of Revenue opens and examines a postal packet
under this section, then–

(a) if he finds any such goods as aforesaid he may detain the
packet and its contents for the purpose of taking proceedings
with respect thereto;

(b) if he finds no such goods, he shall either deliver the packet to
the addressee upon his paying any postage and other sums
chargeable thereon or, if he is absent, forward the packet to him
by post.

(4) If a postal service provider suspects that a postal packet may contain
any item or information which is a threat to the security of Gibraltar, he may,
after notifying the Authority and consulting with the police−

(a) detain and open the postal packet;

(b) destroy it completely;

(c) deliver it to the police to keep it for further action, if necessary;
or

(d) reseal and return it to the postal system.

Recovery of postage, etc.

15. All postage and other sums payable under any Scheme in respect of
postal packets may be recovered as a civil debt due to the postal service
provider in question.

Post Office mark evidence of amount of postage, etc.

16.(1) The official mark of any sum on any postal packet as due in respect
of that packet, whether the mark is the mark of the postal service provider in
question or of any other postal administration and whether the sum is marked
as being due to the postal service provider in question or otherwise, shall in
every court in Gibraltar be sufficient proof of the liability of the packet to the
sum so marked unless the contrary is shown, and the sum shall be
recoverable in any such court as postage due to the postal service provider in
question.

(2) In any proceedings for the recovery of postage or other sums due in
respect of postal packets, the production of the packet in respect of which
any such postage or sum is sought to be recovered, having thereon a stamp
or other endorsement of the postal service provider in question or any other
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postal administration indicating that the packet has been refused or rejected
or is unclaimed or cannot for any other reason be delivered, shall be
sufficient proof of the fact indicated unless the contrary is shown.

(3) In any such proceedings as aforesaid, a certificate purporting to be
signed by an officer of the postal service provider of a rank of position
approved by the Authority that any mark, stamp or endorsement is such a
mark, stamp or endorsement as is mentioned in the foregoing provisions of
this section shall be sufficient proof thereof unless the contrary is shown.

(4) In any such proceedings as aforesaid, the person from whom any
postal packet in respect of which any postage or sum is sought to be
recovered purports to have come shall, until the contrary is proved, be
deemed to be the sender of the packet.

PART III.–MONEY ORDERS.

Money orders.

17.(1) The postal service provider may provide for the remission of small
sums of money, through post offices established by him, by means of money
orders, and may demand and receive for the use of the Government in
respect of those money orders such rates of poundage as may be fixed by
Schemes.

(2) Such Schemes may make provision with respect to money orders,
and to the payment thereof, and to the persons by or to whom they are to be
paid, and the times and places at which and otherwise as to the mode in
which they are to be paid.

(3) Subject to such Schemes, the postal service provider in question may
repay the amount of any money order to the person to whom the order is
issued, or his executors or administrators, whether the order remains in the
possession of that person or not, and upon that repayment all liability on the
part of any officer of the postal service provider, in respect of the money
order shall, as against the payee of the money order and the holder thereof
and every other person whomsoever, cease.

(4) No interest shall be payable in respect of any money order.

(5) No action or other legal proceeding shall be instituted against the
Government or against any officer of the Royal Gibraltar Post Office or any
person whomsoever in respect of any compliance with a Scheme referred to
in subsection (3), or otherwise in relation thereto, or in respect of the
payment of any such money orders being refused or delayed by or on
account of any accidental neglect, omission or mistake by or on the part of
any officer of the Royal Gibraltar Post Office, or for any other cause
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whatsoever, without fraud or wilful misbehaviour on the part of any officer
of the Royal Gibraltar Post Office.

Special provisions as to postal orders.

18.(1) The Royal Gibraltar Post Office may authorise any of its officers to
issue money orders in such form as may be directed from time to time by the
Royal Gibraltar Post Office according to a Scheme, and those money orders
(in this Act referred to as “postal orders”) shall be paid in the manner and
subject to the conditions prescribed by the Scheme and the amounts for
which they may be issued and the poundage payable in respect thereof shall
be such as may be so prescribed:

Provided that after the expiration of such period after the date of the issue of
a postal order as may be prescribed by the Scheme, the order shall be payable
only on payment in manner prescribed by the Scheme of a commission equal
to the amount of the original poundage.

(2) If any Scheme so provides the Royal Gibraltar Post Office may
authorize any person holding office under the Government to issue postal
orders, and a person so authorized shall, for the purpose of the issue and
payment of postal orders, be deemed to be an officer of the Royal Gibraltar
Post Office within the meaning of this Act.

(3) Any person acting as a banker in Gibraltar who, in collecting in that
capacity for any principal, has received payment or been allowed by the
Director in account in respect of any postal order, or of any document
purporting to be a postal order, shall not incur liability to anyone except that
principal by reason of having received the payment or allowance or having
held or presented the order or document for payment; but this subsection
shall not relieve any principal for whom any such order or document has
been so held or presented of any liability in respect of his possession of the
order or document or of the proceeds thereof.

(4) The law relating to the punishment of offences connected with stamp
duties (including the law relating to the punishment of fraud) shall apply in
like manner as if any poundage or commission chargeable for a postal order
were stamp duty.

Issuing money orders with fraudulent intent.

19.(1) An officer of the a postal service provider who grants or issues any
money order with a fraudulent intent is guilty of an offence and is liable on
conviction to imprisonment for seven years.

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(2) If any officer of the a postal service provider re-issues a money order
previously paid, he shall be deemed to have issued the order with a
fraudulent intent for the purposes of this section.

Forgery and stealing of money orders.

20.(1) A money order shall be deemed to be an order for the payment of
money and a valuable security within the meaning of this Act and of the
Criminal Offences Act, and of any other law relating to forgery or stealing.

(2) A person who, with intent to defraud, obliterates, adds to or alters
any such lines or words on a money order as would, in the case of a cheque,
be a crossing of that cheque, or knowingly offers, utters or disposes of any
money order with such fraudulent obliteration, addition or alteration, is
guilty of an offence and is liable to the like punishment as if the order were a
cheque.

Arrangements with other countries as to money orders.

21. Where an arrangement is made with the postal administration of any
other country for the transmission of small sums through post offices under
the charge of the postal service provider in question and the postal
administration of the other country by means of money orders, sections 17,
18, 19 and 20 shall, so far as is consistent with the tenor thereof, and subject
to any modifications prescribed by regulations, apply to the postal service
provider as they apply to the Royal Gibraltar Post Office in like manner as if
an order issued in pursuance of the arrangement, whether by an officer of the
Royal Gibraltar Post Office or other postal service provider in question, as
the case may be, or by an officer of the other postal administration, were a
money order within the meaning of those sections:

Provided that–

(a) any regulations relating to any money orders issued in
pursuance of any such arrangement may differ from the
regulations relating to any other money orders; and

(b) any money orders issued in pursuance of any such arrangements
may be of such amount and in such form and subject to such
conditions respecting poundage, commission, the periods
during which they are payable, and other matters, as may be
prescribed by regulations.

PART IV.–CONVEYANCE OF MAIL BAGS BY SHIPS AND
AIRCRAFT.

Outward bound ships.
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22.(1) Every master of a ship outward bound shall receive on board his ship
every mail bag tendered to him by an officer of the postal service provider in
question for conveyance, and having received it shall deliver it, on arriving at
the port or place of his destination, without delay.

(2) The master of any such ship who fails to comply with this section is
guilty of an offence and is liable on summary conviction to a fine of £200.

Inward bound ships and aircraft.

23.(1) Subsections (2), (3) and (4) shall apply in relation to a ship or aircraft
inward bound carrying any postal packets to a postal service provider in
Gibraltar, not being packets to which section 24 applies.

(2) The master of the ship or commander of the aircraft shall collect all
such postal packets on board his ship or aircraft and enclose them in some
bag or other covering sealed with his seal and addressed to the postal service
provider and shall without delay deliver them to the proper officer of the
postal service provider demanding them or, if no demand is made by that
officer, then at the post office with which he can first communicate.

(3) The master of the ship or the commander of the aircraft who does not
duly comply with the provisions of subsection (2) is guilty of an offence and
is liable on summary conviction to a fine of £200.

(4) The master of the ship or commander of the aircraft shall not break
bulk on board his ship or aircraft in any port or place before he has complied
with the provisions of subsection (2) and if he does so he is guilty of an
offence and is liable on summary conviction to a fine of £25.

(5) Any customs officer may refuse to permit bulk to be broken on board
any inward bound ship or aircraft until he is satisfied that any postal packets
brought in that ship or aircraft which are required to be delivered under
subsection (2) have been so delivered.

(6) Any customs officer may search any inward bound ship or aircraft
for, and seize, any postal packets which are to be remitted to a postal service
provider in Gibraltar and forward any such packets seized to the nearest post
office of such postal service provider; and section 8(3) shall apply in relation
to any packet so forwarded.

Owners’ letters.

24.(1) Subsections (2) and (3) shall apply to any letter addressed to the
owner, charterer or consignee of a ship or aircraft inward bound or to the
owner, consignee or shipper of any goods carried in such a ship or aircraft,
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being a letter which, not being excepted from the requirements of
authorisation under Part I, complies with the following conditions, that is to
say–

(a) that the addressee is described in the address or superscription
on the letter as such owner, charterer, consignee or shipper; and

(b) in the case of a letter addressed to an owner, consignee or
shipper of goods, that it also appears by the ship’s manifest or
by the manifest and declaration of the aircraft that the addressee
has goods on board the ship or aircraft.

(2) Any such letter required to be delivered to a person at the place of
arrival of the ship or aircraft shall be delivered to that person by the master
of the ship or the commander of the aircraft free of local postage and that
person shall be entitled to the delivery thereof before the delivery of any
other postal packets to the relevant universal service provider.

(3) Any such letter required to be delivered to a person at any other
place in Gibraltar shall be delivered by the relevant universal service provider
on payment of local postage only.

(4) A person who with intent to evade any postage falsely superscribes
any letter as being for the owner, charterer or consignee of the ship or
aircraft conveying the letter or for the owner, consignee or shipper of goods
carried in that ship or aircraft, is guilty of an offence and is liable on summary
conviction to a fine of £25.

Retention of postal packets after delivery of part thereof to Post Office.

25. If any person, being the master or commander, one of the officers or
crew, or a passenger, of a ship or aircraft inward bound, knowingly has in his
baggage or in his possession or custody any postal packet, except a postal
packet not within the requirements of authorisation under Part I, after the
master of the ship or commander of the aircraft has sent any part of the
postal packets on board the ship or aircraft to the relevant universal service
provider, he is guilty of an offence and is liable on summary conviction to a
fine of £5 for every such packet; and if he detains any such packet after
demand made either by a revenue officer or by any person authorized by the
relevant universal service provider to demand the postal packet on board the
ship or aircraft, he is liable on summary conviction to a fine of £25 for every
postal packet so detained.

Carriage of parcels by coasting ships.

26.(1) In the case of any mechanically-propelled ship which is a home-trade
ship within the meaning of the Merchant Shipping Act a universal service
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provider may require the person by whom that ship is owned or worked to
carry parcels in that ship.

(2) The remuneration for any services rendered by a. ship under this
section shall be determined by agreement between a universal service
provider and the person owning or working the ship or, in default of
agreement, by the Magistrates’ Court; and any remuneration so determined
shall be paid direct to that person.

Remuneration of owners and masters or commanders of ships or
aircraft.

27. Without prejudice to section 26, regulations may provide for the
allowance to owners or masters of ships or owners or commanders of
aircraft in respect of postal packets or any description thereof conveyed by
them on behalf of the universal service provider, and also to pilots, crew and
others in respect of postal packets or any description thereof brought by
them to any post office from any ship or aircraft, of such gratuities under
such conditions and restrictions as may be so provided.

Penalty for opening of mail bag by master or commander of ship or
aircraft.

28.(1) The master of a ship or the commander of an aircraft who–

(a) opens a sealed mail bag with which he is entrusted for
conveyance; or

(b) takes out of a mail bag with which he is entrusted for
conveyance any postal packet or other thing,

is guilty of an offence and is liable on summary conviction to a fine of £200.

(2) A person to whom postal packets have been entrusted by the master
of a ship or the commander of an aircraft to deliver to the universal service
provider, who breaks the seal, or in any manner wilfully opens them, is guilty
of an offence and is liable on summary conviction to a fine of £25.

PART V.–GENERAL OFFENCES.

Stealing mail bag or postal packet.

29. A person who–

(a) steals a mail bag;

(b) steals any postal packet in course of transmission by post;
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(c) steals any chattel, money or valuable security out of a postal
packet in course of transmission by post; or

(d) stops a mail with intent to rob or search the mail,

is guilty of an offence and is liable on conviction to imprisonment for ten
years.

Unlawfully taking away or opening mail bag.

30. A person who unlawfully takes away or opens a mail bag sent by any
ship, vehicle or aircraft employed by or under the universal service provider
for the transmission of postal packets under contract, or unlawfully takes a
postal packet in course of transmission by post out of a mail bag so sent, is
guilty of an offence and is liable on conviction to imprisonment for five
years.

Receiver of stolen mail bag or postal packet.

31. A person who receives any mail bag, or any postal packet or any chattel
or money or valuable security, the stealing, or secreting of which amounts to
an offence against this Act, knowing it to have been so stolen, or secreted,
and to have been sent, or to have been intended to be sent, by post, is guilty
of an offence and is liable to the same punishment as if he had himself stolen,
or secreted it, and may be proceeded against and convicted whether the
principal offender has or has not been previously convicted or is or is not
amenable to justice.

Fraudulent retention of mail bag or postal packet.

32. A person who fraudulently retains, or wilfully secretes or keeps, or
detains, or who, when required by an officer of the relevant postal service
provider, neglects or refuses to deliver up–

(a) any postal packet which is in course of transmission by post and
which ought to have been delivered to any other person; or

(b) any postal packet in course of transmission by post or any mail
bag which has been found by him or by any other person,

is guilty of an offence and is liable on conviction to imprisonment for two
years and to a fine of £200.

Provided that it shall not be an offence of a person in the employment of a
postal service provider to detain or refuse to deliver up a postal package as
aforesaid if that is done in contemplation or furtherance of a trade dispute
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within the meaning assigned to that term by the Trade Unions and Trade
Disputes Act.

Criminal diversion of letters from addressee.

33.(1) A person not in the employment of the Post Office who, wilfully and
maliciously, with intent to injure any other person, either opens or causes to
be opened any postal packet which ought to have been delivered to that
other person, or does any act or thing whereby the due delivery of the packet
to that other person is prevented or impeded, is guilty of an offence and is
liable on summary conviction to imprisonment for six months or to a fine of
£50.

(2) Nothing in this section shall apply to a person who does any act to
which this section applies where he is parent, or in the position of parent or
guardian, of the person to whom the postal packet is addressed.

(3) A prosecution shall not be instituted in pursuance of this section
except by the direction or with the consent of the postal service provider in
questions or the Authority.

(4) In this section the expression “postal packet” means a postal packet
which is in course of transmission by post or which has been delivered by
post.

Secreting or destroying postal packets.

34. An officer of the postal service provider who secretes or destroys a
postal packet in course of transmission by post, is guilty of an offence and is
liable on conviction to imprisonment for seven years.

Opening or delaying of postal packets by officers of the Post Office.

35. (1) Subject to subsection (2) an officer of the postal service provider
who, contrary to his duty, opens, or procures or suffers to be opened, any
postal packet in course of transmission by post, or wilfully detains or delays,
or procures or suffers to be detained or delayed, any such postal packet, is
guilty of an offence and is liable on conviction to imprisonment for two years
and to a fine of £200:

(2) It shall not be an offence for an officer of the postal service provider
to detain or delay, or procure or suffer to be detained or delayed any postal
packet as mentioned in subsection (1) if that is done in contemplation or
furtherance of a trade dispute within the meaning assigned to that term by
the Trade Unions and Trade Disputes Act.

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Provided that nothing in this section shall extend to the opening, detaining or
delaying of a postal packet returned for want of a true direction, or returned
by reason that the person to whom it is directed has refused it, or has refused
or neglected to pay the postage thereof, or that the packet cannot for any
other reason be delivered, or to the opening, detaining or delaying of a postal
packet under the authority of this Act or in obedience to an express warrant
in writing under the hand of the Government.

Carelessness, negligence or misconduct of persons employed in carrying
or delivering mail bags, postal packets etc.

36. A person employed to convey or deliver a mail bag, or a postal packet in
course of transmission by post, or to perform any other duty in respect of a
mail bag or such a postal packet who–

(a) without authority whilst so employed, or whilst the mail bag or
postal packet is in his custody or possession, leaves it, or suffers
any person, not being the person in charge thereof, to ride in the
place appointed for the person in charge thereof in or upon any
vehicle used for the conveyance thereof, or to ride in or upon a
vehicle so used and not licensed to carry passengers;

(b) is guilty of any act of drunkenness whilst so employed;

(c) is guilty of carelessness, negligence or other misconduct
whereby the safety of the mail bag or postal packet is
endangered;

(d) without authority collects, receives, conveys or delivers a postal
packet otherwise than in the ordinary course of post;

(e) gives any false information of an assault or attempt at robbery
upon him; or

(f) loiters on the road or passage, or wilfully misspends his time so
as to retard the progress or delay the arrival of a mail bag or
postal packet in the course of transmission by post, or does not
use due care and diligence safely to convey a mail bag or postal
packet at the due rate of speed,

is guilty of an offence and is liable on summary conviction to a fine of £20.

Prohibition of placing injurious substances in or against post office
letter boxes.

37.(1) No person shall place or attempt to place in or against any post office
letter box any fire, match, light, explosive substance, dangerous substance,
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filth, noxious or deleterious substance, or fluid or commit a nuisance in or
against any post office letter box or do or attempt to do anything likely to
injure the box or its appurtenances or contents.

(2) A person who acts in contravention of this section, is guilty of an
offence and is liable on conviction on indictment to imprisonment for twelve
months or on summary conviction to a fine of £25.

Prohibition of affixing placards, etc., on post office letter boxes, etc.

38.(1) No person shall without due authority affix or attempt to affix any
placard, advertisement, notice, list, document, board or thing in or on, or
paint or tar, any post office, post office letter box or other property
belonging to or used by or on behalf of a postal service provider, or in any
way disfigure any such office, box or property.

(2) A person who acts in contravention of this section, is guilty of an
offence and is liable on summary conviction to a fine of £10.

Prohibition of imitation of post office stamps, envelopes, forms and
marks.

39.(1) No person shall, without due authority–

(a) make, issue, or send by post or otherwise any envelope,
wrapper, card, form or paper in imitation of one issued by or
under the authority of a postal service provider or of any other
postal administration, or having thereon any words, letters or
marks which signify or imply or may reasonably lead the
recipient thereof to believe that a postal packet bearing them is
sent on Her Majesty’s service;

(b) make on any envelope, wrapper, card, form or paper for the
purpose of being issued or sent by post or otherwise, or
otherwise used, any mark in imitation of or similar to or
purporting to be any stamp or mark of a postal service provider
or under any other postal administration, or any words, letters
or marks which signify or imply or may reasonably lead the
recipient thereof to believe that a postal packet bearing them is
sent on Her Majesty’s service; or

(c) issue or send by post or otherwise any envelope, wrapper,
card, form or paper so marked.

(2) A person who acts in contravention of this section is guilty of an
offence and is liable on summary conviction to a fine of £10.

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Prohibition of fictitious stamps.

40.(1) No person shall except for such purposes and subject to such
conditions as may be prescribed by regulations-

(a) make, knowingly utter, deal in or sell any fictitious stamp;

(b) have in his possession, unless he shows a lawful excuse, any
fictitious stamp; or

(c) make or, unless he shows a lawful excuse, have in his
possession any die, plate, instrument or materials for making
any fictitious stamp.

(2) No person shall knowingly use for the purposes of any postal service
provider any fictitious stamp.

(3) A person who acts in contravention of the provisions of this section
is guilty of an offence and is liable on summary conviction to a fine of £25:

Provided that a prosecution shall not be instituted under this subsection
except with permission of the postal service provider in question or the
Authority.

(4) Any stamp, die, plate, instrument or materials found in the possession
of any person in contravention of subsection (1) may be seized and shall be
forfeited.

(5) The importation into Gibraltar–

(a) of any facsimile, imitation or representation, whether on paper
or otherwise, of any stamp for denoting any rate of postage;

(b) of any die, plate, instrument or materials for making such a
facsimile, imitation or representation,

is hereby prohibited.

(6) In this section the expression “fictitious stamp” means any facsimile,
imitation or representation, whether on paper or otherwise, of any stamp for
the time being authorized or required to be used for the purposes of the
postal services or of any stamp for denoting a current rate of postage of any
country outside Gibraltar.

Prohibition of false notice as to reception of letters, etc.

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41.(1) A person shall not without the authority of the Authority place or
maintain in or on any house, wall, door, window, box, post, pillar or other
place belonging to him or under his control, any of the following words,
letters or marks, that is to say–

(a) the words “post office”;

(b) the words “letter box” accompanied with words, letters or
marks which signify or imply or may reasonably lead the public
to believe that it is a post office letter box; or

(c) any words, letters or marks which signify or imply or may
reasonably lead the public to believe that any house or place is a
post office or that any box is a post office letter box,

and every person, when required by a notice given by the Authority to
remove or efface any such words, letters or marks, or to remove or
effectually close up any letter box belonging to him or under his control
which has been a post office letter box, shall comply with the requirement.

(2) A person shall not without the authority of the Authority –

(a) place or maintain in or on any ship, vehicle, aircraft or premises
belonging to him or under his control; or

(b) use in any document in relation to himself or any other person
or in relation to any ship, vehicle, aircraft or premises,

the words “Royal Mail” or “Royal Air Mail” or any words, letters or marks
which signify or imply or may reasonably lead the public to believe that the
ship, vehicle, aircraft, or premises is or are used by a postal service provider
or with his authority for the purpose of collecting or conveying postal
packets or that he or that other person is authorized by the Authority to
collect or convey such packets; and every person when required by a notice
given by the Authority to remove or efface or cease to use any such words,
letters or marks as aforesaid shall comply with the requirement.

(3) A person who acts in contravention of this section is guilty of an
offence and is liable on summary conviction to a fine of £10, and, if the
offence is continued after a previous conviction, to a fine of £1 for every day
during which the offence so continues.

Obstruction and molestation of officers of a Postal Service Provider.

42.(1) A person who wilfully obstructs or molests, or incites anyone to
obstruct or molest, an officer of a postal service provider in the execution of
his duty, or whilst in any post office or within any premises belonging to any
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post office or used therewith obstructs the course of business of a postal
service provider, is guilty of an offence and is liable on summary conviction
to imprisonment for one month and to a fine of £10.

(2) Any officer of the postal service provider may require any person
guilty of any offence against this section to leave a post office or any such
premises as aforesaid and, if the person so required refuses or fails to comply
with the requirement, he is guilty of an offence and liable on summary
conviction to a further fine of £5 in the case of a universal service provider,
and may be removed by any officer of the universal service provider, and any
police officer shall on demand remove or assist in removing any such person.

Provision against hawking opposite Main Office of the Universal
Service Provider.

43. A hawker, newsvendor, or idle or disorderly person who stops or loiters
on the flagway or pavement opposite the main offices of the universal service
provider in Gibraltar, or in any part thereof, is guilty of an offence and is
liable on summary conviction to a fine of £5.

Endeavouring to procure the commission of offences.

44. A person who solicits or endeavours to procure any other person to
commit an offence punishable on indictment under this Act is guilty of an
offence and is liable on summary conviction to imprisonment for two years.

PART VI.–LEGAL PROCEEDINGS.

Summary proceedings.

45. Proceedings for any offence against this Act punishable on summary
conviction may be commenced at any time within one year next after the
commission of the offence.

Provisions as to form of proceedings.

46.(1) Without prejudice to the provisions of the Criminal Procedure Act, in
any legal proceedings for any offence committed or attempted to be
committed, or any malicious, injurious or fraudulent act or thing done in,
upon or with respect to the postal service provider or the postal service
revenue, or any mail bag, postal packet or money order, or any chattel,
money or valuable security sent by post, or in any way concerning any
property under the management or control of the universal service provider,
it shall be sufficient to allege the property to belong to the universal service
provider and to allege any such act or thing to have been done with intent to
injure or defraud the universal service provider without in either case naming
the person who is universal service provider, and it shall not be necessary to
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allege or to prove upon the trial or otherwise that the mail bag, postal
packet, money order, chattel, money, security or property was of any value.

(2) Without prejudice to subsection (1) in any legal proceedings against
any officer of the postal service provider for any offence committed against
this Act, it shall be sufficient to allege that the alleged offender was an officer
of the postal service provider at the time of the commission of the offence,
without stating further the nature or particulars of his employment.

Evidence of thing being postal packet, and of consent to prosecution.

47.(1) On the prosecution of any offence against this Act, whether
summarily or on indictment, evidence that any article is in the course of
transmission by post, or has been accepted on behalf of the postal service
provider in question for transmission by post, shall be sufficient evidence that
the article is a postal packet.

(2) Where the consent or order of the postal service provider is required
to or for any prosecution, an instrument purporting to be executed by him or
on his behalf by an officer of the postal service provider duly authorised by
and stating that the prosecution has been consented to by the postal service
provider or ordered or consented to by the universal service provider shall be
sufficient proof of that fact, unless the contrary is shown.

Offences also punishable at common law or under some other law.

48. Where proceedings are taken before any court against a person in respect
of an offence against this Act which is also an offence punishable under any
other law, the court may direct that, instead of those proceedings being
continued, proceedings shall be taken for punishing that person under that
other law.


PART VII.–MISCELLANEOUS AND GENERAL.

Sale of stamps.

48A.(1) All Stamps including stamps bearing the Royal Cipher or effigy of
Her Majesty the Queen shall be sold to the members of the public at the post
offices of the Royal Gibraltar Post Office and may be sold at such other
Government offices and between such hours as the Royal Gibraltar Post
Office with the prior approval of, or on request from the Minister may
appoint.

(2) The Royal Gibraltar Post Office may, with the prior approval of the
Minister, appoint stamp vendors who shall be authorised to sell stamps to the
members of the public and may allow such stamp vendors such commission
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as may be prescribed on every purchase of stamps made by them for not less
than £25 at any one time.

Provision as to post office letter boxes.

49.(1) Where it appears to a universal service provider that any post office
letter box, by reason of being on the premises of any private person or
otherwise, is so situated as not to afford the same security against the
improper removal of postal packets therefrom or other fraud as exists in the
case of other post office letter boxes, he may declare that that post office
letter box shall be a private posting box, and shall affix upon or near the box
a notice of its being and of the effect of its being a private posting box, and a
postal packet put into that box shall not, for the purpose of any law or
contract whereby the due posting of a postal packet is evidence of the receipt
thereof by the addressee, be deemed to have been duly posted.

(2) A certificate purporting to be signed by a universal service provider
or on his behalf by an officer of the universal service provider duly
authorized by or under section 55 to the effect that any box or receptacle is
or was provided by the permission or under the authority of a universal
service provider for the purpose of receiving postal packets or any class of
postal packets, shall in any legal proceedings be sufficient proof of the facts
stated in the certificate unless the contrary is shown.

Appointment of person in charge of, and officers of the Post Office.

50. The Government shall appoint a person to be in charge of the Royal
Gibraltar Post Office, who shall be in charge of the administration of the
Royal Gibraltar Post Office, and such officers of the Royal Gibraltar Post
Office as the Government may think fit.

Officers to make declaration.

51. All officials of the Royal Gibraltar Post Office shall upon appointment or
employment make a declaration before a justice of the peace in such form as
may be prescribed by Regulations.

Surrender of clothing by officer of Royal Gibraltar Post Office on
ceasing to be officer.

52.(1) Where an officer of the Royal Gibraltar Post Office vacates his office
(whether by reason of dismissal, resignation, death or otherwise) he, or if he
is dead his personal representative or the person acting as his personal
representative, shall deliver to the Royal Gibraltar Post Office all articles
(whether uniform, accoutrements, appointments or other necessaries) which
have been issued to the officer vacating his office for the execution of his
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duty and are not the property of that officer, and shall deliver the articles in
good order and condition, fair wear and tear only excepted.

(2) A person who fails to comply with the provisions of this section is
guilty of an offence and is liable on summary conviction to a fine of, and also
to pay such further sum not exceeding £5 as the court may determine to be
the value of the articles not delivered, or, if the articles have been delivered
but not in good order and condition, of the damage done to the articles.

(3) Any magistrate may issue a warrant by virtue of which a police
officer may search for and seize any articles not delivered as required by this
section, in like manner as if they were stolen goods and the warrant were a
warrant to search for stolen goods.

Royal Gibraltar Post Office expenses.

53. All expenses incurred by the Royal Gibraltar Post Office in the execution
of this Act or otherwise in the management of the Royal Gibraltar Post
Office, but not otherwise provided for by any other law, shall, subject to the
financial provisions in section 4E, be paid out of the Consolidated Fund.

Regulations.

54. The Government may make regulations with respect to any matter which
is authorized or required by this Act to be effected by regulations and
generally for the better carrying out of the provisions and objects of this Act.

Exercise of powers on behalf of Royal Gibraltar Post Office.

55.(1) Any instrument or document required or authorised to be executed or
signed by the person appointed under section 50 may be executed or signed
on his behalf by such other officers of the Royal Gibraltar Post Office
(whether described by name or by reference to their rank or office or class of
office) as may be prescribed, either generally or as respects any class of
instruments or documents, or in respect of any particular instrument or
document.

(2) Any instrument or document purporting to be executed or signed by
a duly authorised officer of the Royal Gibraltar Post Office in that behalf by
or under this section shall, until the contrary is proved, be deemed to have
been duly executed or signed, without proof of the authority or official
character of the person purporting to have executed or signed it.

(3) Subject to subsection (1), any act authorized or required to be done
by, to or before the person appointed under section 50 of this Act may be
done by, to or before any officer, deputy, servant or agent appointed by him
in that behalf.
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Exemption of Universal Service Provider from stamp duty.

56. Every deed, instrument, money order, bill, cheque, receipt or other
document, made or executed for the purposes of the universal service, by the
universal service provider to, or with the Government shall be exempt from
any stamp duty imposed by any law, except where that duty is declared by
the document, or by some memorandum endorsed thereon, to be payable by
some person other than the universal service provider.

Police may search vessels.

57.(1) Any police officer or customs officer may, by direction in writing of
the Commissioner of Police or Captain of the Port, search any vessel or
aircraft for any letters which may be suspected to be on board contrary to
this Act, and he may seize all such letters and forward them to the relevant
postal service provider.

(2) The master or other person in charge of any vessel or aircraft who
prevents or hinders any police officer or customs officer from making such
search is guilty of an offence and is liable on summary conviction to a fine of
£20.

Savings and transitional provisions.

58.(1) Nothing in this Act shall make unlawful–

(a) the conveyance and delivery of a letter personally by the sender
thereof;

(b) the sending, conveyance and delivery of a letter by means of a
private friend who himself delivers that letter to the addressee;

(c) the sending, conveyance and delivery of a letter concerning the
private affairs of the sender or addressee thereof by means of a
messenger sent for the purpose by the sender of the letter;

(d) the sending, conveyance and delivery otherwise than by post of
any document issuing out of a court of justice or of any return
or answers thereto;

(e) the sending and conveyance of letters from merchants who are
the owners of a merchant ship or commercial aircraft, or of
goods carried in such a ship or aircraft, by means of that ship or
aircraft and the delivery thereof to the addressee by any person
employed for the purpose by those merchants, so, however, that
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no payment or reward, profit or advantage whatsoever is given
or received for the conveyance or delivery of those letters; and

(f) the sending, conveyance and delivery of letters by land by
means of a common carrier, being letters concerning and for
delivery with goods carried by him, so, however, that no
payment or reward, profit or advantage whatsoever is given or
received for the conveyance or delivery of those letters:

(2) Nothing in subsection (1) shall authorise any person to make a
collection of letters for the purpose of their being sent or conveyed in any
manner authorised by that subsection.

(3) Notwithstanding anything in subsection (1) the following persons are
expressly forbidden to carry a letter or to receive, collect or deliver a letter,
even if they receive no payment or reward for doing so−

(a) except for such letters as are mentioned in paragraph (e) of
subsection (1) owners of, or any person on board, any ship or
aircraft on a voyage or flight between, to or from places in
Gibraltar;

(b) except for such letters as are mentioned in paragraph (f) of
subsection (1) common carriers by land or their employees or
agents;

(c) owners, drivers or conductors of public service vehicles.

(4) Subsection (3) shall not make unlawful the receipt, carriage or delivery
of letters between places in Gibraltar by any person which would otherwise
be lawful by virtue of paragraph (a) or, if that person is a passenger,
paragraph (b) or (c) of subsection (1).

(5) For the purposes of this section, the expression “letter” includes a
postal packet, so, however, as not to include a newspaper unless a
communication not forming part of a newspaper is contained therein or a
parcel.

(6) Notwithstanding the provisions of section 4F, upon the coming into
operation of the Post Office Act (Amendment) Regulations 2012, the Royal
Gibraltar Post Office shall be deemed to have been authorised by the
Authority to provide a universal service until such time as an individual
licence is issued.

(7) Any service provided by the Royal Gibraltar Post Office pursuant to
Regulations made under the Post Office Act and existing prior to the coming
into operation of the Post Office Act (Amendment) Regulations 2012 shall
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be valid for a period of 6 months from the date of the coming into operation
of the Post Office Act (Amendment) Regulations 2012 unless, before then,
they are made under the relevant section of this Act as amended by the Post
Office Act (Amendment) Regulations 2012.
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SCHEDULE 1
Section 4E

GUIDANCE ON CALCULATING THE NET COST, IF ANY,
OF UNIVERSAL SERVICE

PART A

DEFINITION OF THE UNIVERSAL SERVICE OBLIGATIONS

Universal service obligations are the obligations referred to in section 4B
placed upon a postal service provider under Part I which concern the
provision of a postal service throughout Gibraltar including, where required,
uniform prices for the provision of that service or provision of certain free
services for blind and partially-sighted persons.

Those obligations may include, among others, the following

(a) a number of days of delivery, superior to those set in Part I;

(b) accessibility to access points, in order to satisfy the universal
service obligations;

(c) the tariffs affordability of the universal service;

(d) uniform prices for universal service;

(e) the provision of certain free services for blind and partially-
sighted persons.

PART B

CALCULATION OF NET COST

The Authority is to consider all means to ensure appropriate incentives for
postal service providers (designated or not) to provide universal service
obligations cost efficiently.

The net cost of universal service obligations is any cost related to and
necessary for the operation of the universal service provision. The net cost
of universal service obligations is to be calculated, as the difference between
the net cost for a designated universal service provider of operating with the
universal service obligation and the same postal service provider operating
without the universal service obligations.

The calculation shall take into account all other relevant elements, including
any intangible and market benefits which accrue to a postal service provider
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designated to provide universal service, the entitlement to a reasonable profit
and incentives for cost efficiency.

Due attention is to be given to correctly assessing the cost that any
designated universal service provider would have chosen to avoid, had there
been no universal service obligation. The net cost calculation should assess
the benefits, including intangible benefits, to the universal service operator.

The calculation is to be based upon the costs attributable to

(a) elements of the identified services which can only be provided
at a loss or provided under cost conditions falling outside
normal commercial standards. This category may include
service elements such as the services defined in Part A;

(b) specific users or groups of users who, taking into account the
cost of providing the specified service, the revenue generated
and any uniform prices imposed by the Minister, can only be
served at a loss or under cost conditions falling outside normal
commercial standards.

This category includes those users or groups of users that would not be
served by a commercial operator that did not have an obligation to provide
universal service.

The calculation of the net cost of specific aspects of universal service
obligations is to be made separately and so as to avoid the double counting
of any direct or indirect benefits and costs. The overall net cost of universal
service obligations to any designated universal service provider is to be
calculated as the sum of the net costs arising from the specific components of
universal service obligations, taking account of any intangible benefits. The
responsibility for verifying the net cost lies with the Authority. The universal
service provider(s) shall cooperate with the Authority to enable it to verify
the net cost.
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PART C

RECOVERY OF ANY NET COSTS OF UNIVERSAL SERVICE
OBLIGATIONS

The recovery or financing of any net costs of universal service obligations
may require designated universal service providers to be compensated for the
services that they provide under non-commercial conditions. As such
compensation involves financial transfers, the Authority has to ensure that
they are undertaken in an objective, transparent, non-discriminatory and
proportionate manner. This means that the transfers result as far as possible
in the least distortion to competition and to user demand.

A sharing mechanism based on a fund referred to in section 4F(4) should use
a transparent and neutral mechanism for collecting contributions that avoids
a double imposition of contributions falling on both outputs and inputs of
undertakings.

The fund administrator is to be responsible for collecting contributions from
undertakings, which are assessed as liable to contribute to the net cost of
universal service obligations in Gibraltar and is to oversee the transfer of
sums due to the undertakings entitled to receive payments from the fund.
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SCHEDULE 2

Sections 4N and 4O

QUALITY STANDARDS FOR INTRA-EUROPEAN UNION
CROSS-BORDER MAIL

The quality standards for intra-European Union cross-border mail in each
country are to be established in relation to the time limit for routing
measured from end to end (*) for postal items of the fastest standard
category according to the formula D + n, where D represents the date of
deposit (**) and n the number of working days which elapse between that
date and that deliver to the addressee.

Quality standards for Intra−Community Cross Border Mail
Time Limit Objective
D+3 85% of items
D+5 97% of items

The standards must be achieved not only for the entirety of intra-European
Union traffic but also for each of the bilateral flows between two Member
States.

(*) End-to-end routing is measured from the access point to the network to
the point of delivery to the addressee.

(**) The date of deposit to be taken into account shall be the same day as
that on which the item is deposited, provided that deposit occurs before the
last collection time notified from the access point to the network in question.
When deposit takes place after this time limit, the date of deposit to be taken
into consideration will be that of the following day of collection.

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