F1(1)The owner of any public service vehicle to which this section applies shall convey by any such public service vehicle all such mail bags as may be tendered by[F2 a universal service provider] for conveyance by such public service vehicle, and[F2 the employees of the universal service provider] (if any) in charge of such mail bags, and shall receive and deliver such mail bags from or to[F2 any post office or employee of the universal service provider] on the route of such public service vehicle:
Provided that—
(i)the owner shall not be bound to carry any mail bags in or upon a public service vehicle except such as can be carried without interfering with the conveyance of passengers by the vehicle or causing inconvenience to the passengers conveyed;
(ii)the owner shall not be bound to cause special runs to be made by any public service vehicle for the conveyance of mail bags.
(2)The remuneration for any service performed in pursuance of this section shall be such amount, not exceeding the charges payable for the conveyance of parcels and passengers, respectively, as shall be agreed upon between[F2 the universal service provider concerned] and the owner, or, in default of agreement, determined by the TribunalF3 established by section seven of the Motor Vehicles and Road Traffic Act (Northern Ireland), 1929 [1929 c.21] ; and any matter of difference arising under the proviso to sub-section (1) of this section shall also be determined by the said Tribunal. The said Tribunal shall, for the purpose of determining any matter under this sub-section, have the same powers as they have in the case of a matter within their jurisdiction under section seven of the said Act.
(3)For the purposes of this section the expression “public service vehicle” means a public service vehicle [F4 used under a road service licence granted under Part II of the Transport Act (Northern Ireland) 1967 [1967 c.37] ], and[F2 the expressions “mail bag”, “post office” and “universal service provider” have the same meanings as in the Postal Services Act 2000].
(4)Nothing in this section shall be construed as affecting any provision in any local Act with respect to the conveyance of mails by public service vehicles:
Provided that in the Conveyance of Mails Act, 1893 M1F5, as applied by any such provision, the Tribunal mentioned in sub-section (2) of this section shall be substituted for the Railway and Canal Commission as the authority to determine differences in respect of remuneration.
F2SI 2001/1149
F3Functions transf. to D/Env., 1948 c. 16 (NI) ; 1967 c. 37 (NI); SRO (NI) 1973/504
Marginal Citations