Post Office Act 1969

Part II U.K. The Minister of Posts and Telecommunications and his Functions

2 The Minister of Posts and Telecommunications. U.K.

(1)—(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(6) In the following provisions of this Act, “the Minister” means [F2 the Secretary of State] . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1 S. 2(1)–(5)(7) repealed by S.I. 1974/691, Sch.

F2 Words substituted by virtue of S.I. 1974/691, arts. 2, 3(3)

Modifications etc. (not altering text)

C1 Unreliable marginal note

3 Transfer to the Minister of the Postmaster General’s functions with respect to wireless telegraphy, and provisions consequential thereon. U.K.

(1) The functions which, immediately before the appointed day, are vested in the Postmaster General by virtue of the following provisions, namely,—

(a) those of the M1 Wireless Telegraphy Act 1949 which remain in force on and after that day and those of the Wireless Telegraphy Act 1967; F3

(b )F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall, on that day, vest in the Minister; and, accordingly, as from that day,—

(i) references in those provisions to the Postmaster General (except those in section 5 of the M2 Wireless Telegraphy Act 1967), F4 . . .shall be construed as referring to the Minister, and references to the Postmaster General in the said section 5, the second and third references to him in the said section 24(4) and the references to him in section 9(3) of the M3 Defamation Act 1952 (extension to broadcasting of certain defences) and of the M4 Defamation Act (Northern Ireland) 1955 shall be construed as including references to the Minister; and

(ii) any reference to the Postmaster General in a provision of regulations, rules or a licence under the M5 Wireless Telegraphy Act 1949 or the M6 Wireless Telegraphy Act 1967 which is in force at the beginning of that day shall (unless the context otherwise requires) be construed as referring to the Minister and any reference to an officer of the Post Office in any such provision shall (unless the context otherwise requires) be construed as referring to a person acting under the authority of the Minister.

(2) As from the appointed day,—

(a) section 2(1) of the Wireless Telegraphy Act 1949 (fees and charges for wireless telegraphy licences) shall, subject to the foregoing subsection, have effect as originally enacted, and not as amended by section 16(4) of the M7 Post Office Act 1961 (which dispenses, in certain cases, with the requirement of the consent of the Treasury to the making of regulations under the first-mentioned section);

(b)

F5 (3) The Minister shall, as from the appointed day, have power to make, in such cases or classes of cases as the Treasury may determine, refunds of sums paid under section 2(1) of the Wireless Telegraphy Act 1949 (fees and charges for wireless telegraphy licences).

(4) A payment made in exercise of the power conferred by the last foregoing subsection shall be defrayed out of sums received under the Wireless Telegraphy Act 1949 by the Minister.

(5) The surplus of sums received under the Wireless Telegraphy Act 1949 by the Minister over sums paid in exercise of the power conferred by subsection (3) above shall from time to time be paid into the Consolidated Fund of the United Kingdom (hereafter in this Act referred to as the “Consolidated Fund”), and any sums received under section 11(4) of the M8 Wireless Telegraphy Act 1967 by the Minister shall be so paid.

(6) Section 20(3) of the M9 Wireless Telegraphy Act 1949 (power of Her Majesty in Council to extend that Act to the Isle of Man and the Channel Islands) shall have effect as if the reference to that Act included a reference to the foregoing provisions of this section, F6 . . .

Textual Amendments

F3 Word and s. 3(1)(b) repealed by Independent Broadcasting Authority Act 1973 (c. 19), Sch. 3 Pt. I

F4 Words in s. 3(1)(b)(i) repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1)

F5 S. 3(2)(b) substitutes new para. 3 in Wireless Telegraphy Act 1949 (c. 54), Sch. 1

F6 Words in s. 3(6) repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1

Modifications etc. (not altering text)

C2 S. 3(3) excluded by Broadcasting Act 1990 (c. 42, SIF 96), s. 180(2)

Marginal Citations

M1 1949 c. 54.

M2 1967 c. 72.

M3 1952 c. 66.

M4 1955 c. 11 (N.I.)

M5 1949 c. 54

M6 1967 c. 72.

M7 1961 c. 15.

M8 1967 c. 72.

M9 1949 c. 54.

4 Transfer to the Minister of the Postmaster General’s functions under section 6 of the Commonwealth Telegraphs Act 1949. U.K.

The functions which are vested in the Postmaster General by virtue of section 6 of the M10 Commonwealth Telegraphs Act 1949 (provisions as to pensions of employees of Cable and Wireless Limited and certain other persons) shall, on the appointed day, vest in the Minister; and, accordingly, as from that day, references in that section to the Postmaster General shall be construed as referring to the Minister.

Marginal Citations

M10 1949 c. 39.

5 Transfer to the Minister of the Postmaster General’s power to make orders under the Recorded Delivery Service Act 1962. U.K.

The power conferred by subsection (3) of section 1 of the Recorded Delivery Service Act 1962 on the Postmaster General by order to make such amendments of enactments contained in local or private Acts as appear to him to be necessary or expedient in consequence of subsection (1) of that section shall, on the appointed day, vest in the Minister; and, accordingly, as from that day, the reference to the Postmaster General in the said subsection (3) and the reference to him in subsection (4) of that section (which lays on him a duty of consultation before making an order under subsection (3)) shall each be construed as referring to the Minister.