The Postal Services Act 2011 (Commencement No. 3 and Saving Provisions) Order 2012

Made16th April 2012

The Secretary of State makes the following Order in exercise of the powers conferred by section 93(3) and (4) of the Postal Services Act 20111:

Citation1

This Order may be cited as the Postal Services Act 2011 (Commencement No. 3 and Saving Provisions) Order 2012.

Interpretation2

In this Order—

“the 2011 Act” means the Postal Services Act 2011;
“the 2000 Act” means the Postal Services Act 20002;
“the commencement date” means 23rd April 2012;
“the Schedule” means Schedule 12 to the 2011 Act.

Provisions coming into force on 23^rd April 20123

1

Subject to paragraph (2), paragraphs 38 to 41 and 147 of the Schedule come into force on the commencement date.

2

The amendment made to section 112(1) of the 2000 Act (which prohibits the issue of postal and money orders otherwise than in accordance with a scheme) by paragraph 39(2) of the Schedule comes into force immediately after the coming into force of a scheme made under section 112(2) as amended by that paragraph.

Saving provision: Exclusion of liability in relation to postal and money orders4

1

The amendments made to section 111 of the 2000 Act (which provides for the exclusion of liability in relation to postal and money orders) by paragraph 38 of the Schedule do not affect any right or liability which has accrued or will accrue in relation to any postal or money order issued before the coming into force of a scheme made under section 112(2) of the 2000 Act as amended by paragraph 39(2) of the Schedule.

2

Any reference to a Post Office company in section 111 shall have effect, in relation to any postal or money order to which paragraph (1) applies, as if it were a reference to the original holding company within the meaning of section 15 of the 2011 Act (general interpretation).

Saving provisions: recoupment of losses on wrongly paid money orders5

1

The amendments made to section 113 of the 2000 Act (which provides for the recoupment of losses on wrongly paid money orders) by paragraph 40 of the Schedule do not affect any right or liability which has accrued or will accrue in relation to a money order issued before the coming into force of a scheme made under section 112(2) of the 2000 Act as amended by paragraph 39(2) of the Schedule.

2

Any reference to a Post Office company in section 113 shall have effect, in relation to any money order to which paragraph (1) applies, as if it were a reference to the original holding company within the meaning of section 15 of the 2011 Act.

Saving provisions: payment of seamen’s wages6

1

The provisions of section 30(10) of the Merchant Shipping Act 19953 prior to the commencement date continue to apply to the payment of seamen’s wages by any money or postal order issued before the coming into force of a scheme made under section 112(2) of the 2000 Act as amended by paragraph 39(2) of the Schedule.

2

Any reference to a Post Office company in section 30(10) shall have effect, in relation to any money or postal order to which paragraph (1) applies, as if it were a reference to the original holding company within the meaning of section 15 of the 2011 Act.

Norman LambParliamentary Under Secretary of State for Employment Relations, Consumer and Postal AffairsDepartment for Business, Innovation and Skills16th April 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force paragraphs 38 to 41 and 147 of Schedule 12 (minor and consequential amendments) to the Postal Services Act 2011 (c.5), and makes saving provisions, in relation to the operation of postal and money order schemes.

NOTE AS TO EARLIER COMMENCEMENT ORDERS