Words in Sch. 3 para. 6(5)(c) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4) , s. 148(1) , Sch. 4 para. 292(2) ; S.I. 2006/1014 , art. 2(a) , Sch. 1 para. 11(x)
Sch. 3 para. 6(1) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 52(2); S.I. 2011/2329, art. 3
Sch. 3 para. 7 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 52(2); S.I. 2011/2329, art. 3
Sch. 3 para. 9 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 52(2); S.I. 2011/2329, art. 3
Sch. 3 para. 10 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 52(2); S.I. 2011/2329, art. 3
Words in Sch. 3 substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 52(3); S.I. 2011/2329, art. 3
Section 62(6).
Anything (including any legal proceedings) which, immediately before the appointed day, is in the process of being done by or in relation to the Post Office may, so far as it relates to anything transferred by virtue of section 62, be continued by or in relation to the original holding company.
Anything done (or having effect as if done) by or in relation to the Post Office for the purposes of or in connection with anything transferred by virtue of section 62 shall, if in force immediately before the appointed day, have effect as if done by or in relation to
The transfer effected by virtue of section 62 does not affect the validity of anything done (or having effect as if done) by or in relation to the Post Office before the appointed day.
Any agreement (whether or not in writing), or any document other than an agreement or enactment, which was made before the appointed day shall have effect, so far as may be necessary for the purposes of, or in consequence of, the transfer effected by virtue of section 62 as if—
any references (including references which are to be construed as such references) to the Post Office were references to
any references (including references which are to be construed as such references) to an employee or other person serving the Post Office in a specified capacity were references to such a person as
The Secretary of State may by order provide for any provision of sub-paragraphs (1) to (4) not to apply, or to apply with modifications, in such cases or descriptions of case as he considers appropriate.
Sub-paragraphs (1) to (4) are subject to any provision made by or under this Act.
Sub-paragraph (1) is without prejudice to the generality of the transfer effected by virtue of section 62.
Section 6(2) of the
Trustees appointed by
For the purposes of sub-paragraph (1)—
the persons who were trustees appointed by the Post Office for the purposes of section 47 of the Act of 1969 immediately before the appointed day shall be treated, on and after that day, as if they are the first trustees appointed by
the trusts (as modified by paragraph 1 of this Schedule and with the substitution of references to paragraph 2 of this Schedule for references to sections 44 and 46 of the Act of 1969) on which the moneys were held by them immediately before the appointed day for the purposes of section 47 of the Act of 1969 shall be treated, on and after the appointed day, as if they are the first relevant trusts declared by
Subject to that, for the purposes of sub-paragraph (1), trusts are relevant trusts if their objects consist in—
the payment, or the making of provision for the payment, of pensions, allowances and gratuities to, or in respect of, such persons engaged in the business of
the reimbursement of
and include the objects of the first relevant trusts.
This paragraph applies to—
a fund (whether described as a welfare fund, benevolent fund, mutual aid fund or otherwise) whose objects consist in, or include, the provision of benefits in case of need, sickness or distress for Post Office beneficiaries, and
a society or organisation (however described) whose objects are similar.
In sub-paragraph (1) “
persons who are, or have been, engaged in the business of the Post Office,
the relatives or dependants of such persons.
The provisions of the trust deed, rules, regulations or other instrument constituting or regulating a fund, society or organisation to which this paragraph applies may, by resolution of the managers of the fund, society or organisation, be altered as mentioned in sub-paragraph (4).
The provisions may be altered so as—
to permit persons who are, or have been, engaged in the business of
to entitle such persons, or such persons of a particular description, and persons claiming in right of them, to receive benefits from the fund, society or organisation (subject to any terms and conditions specified in the resolution) if, and to the extent that, they would be entitled to receive benefits from it if being engaged in the business of
No alteration may be made that alters the character of the fund, society or organisation.
If a resolution of the managers of a fund, society or organisation to which this paragraph applies so provides—
any references in the trust deed, rules, regulations or other instrument constituting or regulating the fund, society or organisation to the Post Office shall be construed as references (or, if the context so requires, as including references) to
any references in that instrument to persons engaged in the business of the Post Office or persons of a particular description so engaged shall be construed as references (or, if the context so requires, as including references) to persons engaged in the business of
In this paragraph “
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this paragraph “
a right of reverter (or, in Scotland, the right of the fiar on the termination of a liferent),
a right of pre-emption,
a right of forfeiture,
a right of re-entry,
a right of irritancy,
an option, and
a right similar to anything falling within paragraphs (a) to (f).
A relevant land right shall have effect, in the case of the transfer effected by virtue of section 62, as if—
no transfer of the land had taken place.
Such compensation as is just shall be paid by
Any dispute as to whether, or how much, compensation is payable or about the person to whom it is payable shall be referred to and determined by—
an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),
an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or
an arbitrator appointed by the
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person dealing with
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