Post Office Act 1969

86 Interpretation of Part III. U.K.

(1) In this Part of this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

• “accounting year” means [F1 subject to section 75(5) of the M1 British Telecommunications Act 1981] the period beginning with the appointed day and ending with 31st March next following or any subsequent period of twelve months beginning with the end of a previous accounting year;

• “banker” includes a body of persons, whether incorporated or not, who carry on the business of banking;

• “the British Islands” means the United Kingdom, the Isle of Man and the Channel Islands;

• “cash on delivery service” means a service whereby the Post Office : or a foreign administration collects or secures the collection of a sum of money on the delivery of anything consigned for conveyance by post and remits it to the sender thereof;

• “foreign administration” means a postal administration other than the Post Office;

• “harbour”, except in relation to Northern Ireland F2 , has the same meaning as in the M2 Harbours Act 1964, in relation to Northern Ireland, means any harbour, whether natural or artificial, and any port, haven or estuary, and includes a dock and a wharf, quay, pier, jetty or other place at which seagoing ships (including hovercraft) can ship or unship goods or embark or disembark passengers F2 ;

• “harbour authority”, except in relation to Northern Ireland F2 , has the same meaning as in the Harbours Act 1964, in relation to Northern Ireland, means any person in whom are vested, by any statutory provision, the powers or duties of improving, maintaining or managing a harbour F2 ;

• “hovercraft” has the same meaning as in the M3 Hovercraft Act 1968;

• “land” includes any interest in land and any right over land;

• “local authority”,—

(a) in relation to England F3 . . ., means the council of a county, F4 or [F5 district], F6 , the council of a London borough [F7 F8 ..., a joint authority established by Part IV of the Local Government Act 1985] or the Common Council of the City of London;

[F9 (aa) in relation to Wales, means the council of a county or county borough;]

(b) in relation to Scotland, means a [F10 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

[F11 (c) in relation to Northern Ireland, means a district council, the Northern Ireland Housing Executive, the Northern Ireland Electricity Service or an Education and Library Board;]

• “mail-bag” includes any container in which articles are enclosed by the Post Office or a foreign administration for the purpose of the conveyance thereof by post;

• “national health service authority”—

  (a)

  in relation to England and Wales, means a [F12 Health Authority or a Special Health Authority]

  (b)

  in relation to Scotland, means [F13 a Health Board or the Common Services Agency for the British Health Service constituted under the M4 National Health Service (Scotland) Act [F14 1978]];

  (c)

  in relation to Northern Ireland, [F15 means a Health and Social Services Board, the Northern Ireland Central Services Agency for the Health and Social Services or the Northern Ireland Staffs Council for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972];

• “statutory provision”, except in relation to Northern Ireland F2 has the same meaning as in section 57(1) of the M5 Harbours Act 1964, in relation to Northern Ireland, has the same meaning as in section 1(f) of the M6 Interpretation Act (Northern Ireland) 1954 F2

• [F16 “telecommunication system” has the meaning given by subsection (1) of section 4 of the Telecommunications Act 1984 (read with subsection (2) of that section);

• “telepost service” means a service whereby the Post Office does all or any of the following things, namely—

  (a)

  receives or collects in whatever form communications which are to be sent by means of a telecommunication system;

  (b)

  sends or receives by means of such a system communications which have been received or collected, or are to be delivered, by it in whatever form: and

  (c)

  delivers in whatever form communications which have been sent by means of such a system.]

(2) Any reference in this Part of this Act to a subsidiary shall be construed in accordance with [F17 section 736 of the Companies Act 1985] and any reference therein to a wholly owned subsidiary shall be construed in accordance with [F17 section [F18 736]] of that Act.

(3)

F19 (4) Nothing in this Part of this Act shall be taken to restrict the construction of references to the Post Office’s business so as to exclude the performance of services which, by virtue of [F20 section 7(1)(c), (d), (e) or (f)] of this Act, it has power to perform.

Textual Amendments

F1 Words inserted by British Telecommunications Act 1981 (c. 38), Sch. 3 para. 51(7)(a)

F2 Words repealed by S.I. 1973/960, art. 9

F3 S. 86(1): words in definition of “local authority” repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 35, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F4 Words repealed by British Telecommunications Act 1981 (c. 38, SIF 96), s. 89, Sch. 6 Pt. I

F5 Word substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 179(3)

F6 Words repealed by Local Government Act 1985 (c. 51, SIF 81(1), ss. 102(2)(3), Sch. 17

F7 Words inserted by Local Government Act 1985 (c. 51, SIF 81(1), s.84(1), Sch. 14 para. 45

F8 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13

F9 S. 86(1): para. (aa) in definition of “local authority” inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 35 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F10 S. 86(1): words in definition of “local authority” substituted (S.)(1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para 82; S.I. 1996/323, art. 4(c)

F11 S. 86(1)(c) substituted by S.I. 1973/2095, Sch. 1 para. 8

F12 S. 86(1): words in definition of “national health service authority” substituted (28.6.1995 for specified purposes, otherwise 1.4.1996) by 1995 c. 17, s. 2(1), Sch. 1 Pt. III para. 96

F13 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 145

F14 Word substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 32

F15 Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 130

F16 Definitions substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 99(3)

F17 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

F18 “736” substituted by Companies Act 1989 (c. 40, SIF 27), s. 144(4), Sch. 18 para. 8

F19 S. 86(3) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II

F20 Words substituted by British Telecommunications Act 1981 (c. 38), Sch. 3 para. 51(7)(b)

Modifications etc. (not altering text)

C1 S. 86(1): by s. 84(2)(a) of the Local Government Act 1985 it is provided that until 1.4.1986 references to the Inner London Education Authority in any amendment made by Sch. 14 to the said Act shall be construed as references to the Inner London Interim Education Authority

C2 S. 86(1) extended (E.W.) by S.I. 1985/1884, art. 4(f)

C3 S. 86(1) amended by S.I. 1987/2110, art. 8(c)

Marginal Citations

M1 1981 c. 38.

M2 1964 c. 40.

M3 1968 c. 59.

M4 1978 c. 29.

M5 1964 c. 40.

M6 1954 c. 33 (N.I.)