Postal Services Act 2000

2000 CHAPTER 26

An Act to establish the Postal Services Commission and the Consumer Council for Postal Services; to provide for the licensing of certain postal services and for a universal postal service; to provide for the vesting of the property, rights and liabilities of the Post Office in a company nominated by the Secretary of State and for the subsequent dissolution of the Post Office; to make further provision in relation to postal services; and for connected purposes.

[28th July 2000]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part I U.K. Introductory

1 The Postal Services Commission. U.K.

(1) There shall be a body corporate to be known as the Postal Services Commission (in this Act referred to as “the Commission”).

(2) The functions of the Commission shall be performed on behalf of the Crown.

(3) Schedule 1 (which makes further provision about the Commission) shall have effect.

(4) The body which, immediately before the coming into force of this subsection, was known as the Postal Services Commission and was designated in accordance with Article 22 of the Postal Services Directive as a national regulatory authority for the postal sector in the United Kingdom is hereby abolished.

2 The Consumer Council for Postal Services. U.K.

(1) There shall be a body corporate to be known as the Consumer Council for Postal Services (in this Act referred to as “the Council”).

(2) The Council shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and the Council’s property shall not be regarded as property of, or held on behalf of, the Crown.

(3) Schedule 2 (which makes further provision about the Council) shall have effect.

(4) The Post Office Users’ National Council, the Post Office Users’ Council for Scotland, the Post Office Users’ Council for Wales and the Post Office Users’ Council for Northern Ireland are hereby abolished.

3 Duty of the Commission to ensure provision of a universal postal service. U.K.

(1) The Commission shall exercise its functions in the manner which it considers is best calculated to ensure the provision of a universal postal service.

(2) The Commission may, in particular, impose as a condition of a licence under Part II a requirement that the licence holder provides a universal postal service or part of such a service.

(3) Where the Commission has imposed such a condition, it may include in the licence such conditions and other provisions as it considers appropriate in relation to the provision of such a service (including conditions and other provisions about activities which do not require a licence under Part II).

4 Provision of a universal postal service: meaning. U.K.

(1) For the purposes of this Act and subject to subsection (2), a universal postal service is provided if—

(a) except in such geographical conditions or other circumstances as the Commission considers to be exceptional—

(i) at least one delivery of relevant postal packets is made every working day to the home or premises of every individual or other person in the United Kingdom or to such identifiable points for the delivery of relevant postal packets as the Commission may approve, and

(ii) at least one collection of relevant postal packets is made every working day from each access point,

(b) a service of conveying relevant postal packets from one place to another by post and the incidental services of receiving, collecting, sorting and delivering such packets are provided at affordable prices determined in accordance with a public tariff which is uniform throughout the United Kingdom, and

(c) a registered post service is provided at such prices.

(2) For the purposes of subsection (1)—

(a) the interruption, suspension or restriction of any service in cases of emergency, or

(b) the conclusion with customers of individual agreements as to prices,

shall not be taken to preclude the provision of a universal postal service.

(3) References in this Act to a universal service provider shall be construed as references to any person—

(a) whose identity is notified by the Secretary of State to the European Commission in accordance with Article 4 of the Postal Services Directive as that of a person providing a universal postal service or a part of such a service in the United Kingdom, and

(b) on whom the Secretary of State has served a notice informing him of that fact and the fact that he will be treated as a universal service provider for the purposes of this Act.

(4) If no-one falls within subsection (3) because there is no Community obligation to notify the European Commission of the identity of a person providing a universal postal service or a part of such a service in the United Kingdom, references in this Act to a universal service provider shall be construed as references to any person who is treated by the Secretary of State as a universal service provider for the purposes of this Act and on whom the Secretary of State has served a notice informing him of that fact.

(5) The Secretary of State shall take such steps as he considers appropriate for the purpose of bringing to the attention of the public the identity of any person who is a universal service provider for the purposes of this Act.

(6) References in this Act to the provision of a universal postal service shall, in relation to a universal service provider who provides part of a universal postal service, be construed as references to the provision of that part of such a service.

(7) In this section—

• “access point” means any box, receptacle or other facility provided by a universal service provider for the purpose of receiving relevant postal packets, or any class of relevant postal packets, for onwards transmission in connection with the provision of a universal postal service,

• “permitted limits”, in relation to the dimensions of a postal packet, means the minimum and maximum dimensions laid down in the M1 Convention and the Agreement concerning Postal Parcels adopted by the Universal Postal Union, and

• “relevant postal packets” means postal packets whose weight does not exceed 20 kilograms and whose dimensions fall within permitted limits.

Marginal Citations

M1 Cm 2837.

5 Other duties of the Commission in the consumer interest. U.K.

(1) Subject to section 3, the Commission shall exercise its functions in the manner which it considers is best calculated to further the interests of users of postal services, wherever appropriate by promoting effective competition between postal operators.

(2) In performing its duty under subsection (1), the Commission shall have regard to the interests of—

(a) individuals who are disabled or chronically sick,

(b) individuals of pensionable age,

(c) individuals with low incomes, and

(d) individuals residing in rural areas,

but that is not to be taken as implying that regard may not be had to the interests of other descriptions of users.

(3) Subject to section 3 and subsection (1), the Commission shall exercise its functions in the manner which it considers is best calculated to promote efficiency and economy on the part of postal operators.

(4) In exercising any of its functions in relation to licence holders under Part II, the Commission shall have regard to the need to ensure that such licence holders are able to finance activities authorised or required by their licences.

Part II U.K. Licences for Postal Services

Restriction on provision of postal services U.K.

6 Restriction on provision of postal services. U.K.

(1) Subject to section 7, no person shall convey a letter from one place to another unless—

(a) he holds a licence authorising him to do so, or

(b) he is acting as an employee or agent of a person who is authorised by a licence to do so.

(2) A person who contravenes subsection (1) commits an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to a fine.

(3) No proceedings shall be instituted in England and Wales or Northern Ireland in respect of an offence under subsection (2) except by or on behalf of the Commission or the Secretary of State.

(4) Without prejudice to subsection (2), compliance with subsection (1) shall be enforceable by civil proceedings by or on behalf of the Commission or the Secretary of State for an injunction or interdict or for any other appropriate relief or remedy.

(5) Without prejudice to subsections (2) and (4)—

(a) the obligation to comply with subsection (1) shall be a duty owed to any person who may be affected by a contravention of subsection (1), and

(b) where a duty is owed by virtue of paragraph (a) to any person, any breach of that duty which causes that person to sustain loss or damage shall be actionable at the suit or instance of that person.

(6) Any reference in this section [F1 or section 7(1) or (1A)] to conveying a letter from one place to another, or the conveyance of a letter, includes a reference to performing, or the performance of, any of the incidental services of receiving, collecting and delivering a letter.

(7) For the purposes of this Part references to a licence are to a licence under this Part and references to a licence holder shall be construed accordingly.

Textual Amendments

F1 Words in s. 6(6) substituted (1.1.2003) by S.I. 2002/3050, reg. 2

7 Exceptions from section 6. U.K.

(1) Section 6(1) is not contravened by the conveyance of a letter—

(a) which is conveyed in consideration of a payment of not less than £1 made by or on behalf of the person for whom it is conveyed, or

(b) which weighs not less than 350 grams.

[F2 (1A) Section 6(1) is not contravened by the conveyance of a letter in circumstances where the service of conveying the letter is outside the scope of the universal postal service in the United Kingdom.]

(2) Section 6(1) is not contravened by—

(a) the conveyance and delivery of a letter personally by the sender,

(b) the conveyance and delivery of a letter by a personal friend of the sender,

(c) the conveyance and delivery of a single letter by a messenger sent for the purpose by either correspondent,

(d) the conveyance of an overseas letter out of the United Kingdom [F3 , and the collection of letters for that purpose],

(e) the conveyance and delivery of any documents in respect of which a method of service other than by post is required or authorised by law,

(f) the conveyance of letters from merchants who are the owners of a merchant ship or commercial aircraft, or of goods carried in such a ship or aircraft, by means of that ship or aircraft, and the delivery of the letters to the addressees by any person employed for the purpose by those merchants, provided that no payment or reward, profit or advantage of any kind is given or received for the conveyance or delivery of those letters,

(g) the conveyance and delivery of letters by any person which are letters concerning, and for delivery with, goods carried by that person, provided that no payment or reward, profit or advantage of any kind is given or received for the conveyance or delivery of those letters,

(h) the conveyance and delivery to a licence holder of pre-paid letters for conveyance and delivery by that person to the addressees, and the collection of such letters for that purpose,

(i) the conveyance and delivery of letters by a person who has a business interest in those letters, and the collection of letters for that purpose,

[F4 (ia) the conveyance and delivery of letters, and the collection of letters for that purpose, by a person who is not a licence holder, who provides those services under a contract for services where the other party to the contract is the sender and who does not provide those services to any person other than the sender]

(j) the conveyance and delivery of banking instruments from one bank to another or from a bank to a government department, and the collection of such instruments for that purpose,

(k) the collection, conveyance and delivery of coupons or other entry forms issued by authorised promoters,

(l) the collection, conveyance and delivery of Christmas cards by a charity, provided that the activity concerned takes place during the period starting with 25th November in any year and ending with 1st January in the following year,

(m) the conveyance and delivery of letters from one government department to another or within the same government department, and the collection of letters for that purpose,

(n) the conveyance of letters of members of a document exchange from a departure facility for that exchange to an arrival facility for another document exchange by persons who are not members of either exchange, and the collection and delivery by such persons for that purpose of letters delivered to the departure facility concerned,

(o) the conveyance and delivery of brokers’ research, during the relevant period and by any person who has printed it, from the business premises where it is printed to the premises of any person who is to convey it onwards,

(p) the conveyance and delivery by any person of brokers’ research within the period of 24 hours starting with its delivery to his premises or its collection by him during the relevant period from a collection point, and any such collection.

(3) Nothing in paragraphs [F5 (a) to (c) and (e) to (g)] of subsection (2) shall authorise any person to make a collection of letters for the purpose of their being conveyed in any manner authorised by those paragraphs.

(4) For the purposes of paragraph (i) of subsection (2) a person has a business interest in a letter if, and only if—

(a) he is an employee of one of the correspondents or of a member of the same group as one of the correspondents and the letter relates to the business affairs of that correspondent, or

(b) he and one of the correspondents are employees of the same person or of different members of the same group and the letter relates to the business affairs of that person or (as the case may be) the employer of that correspondent.

(5) In this section—

• “arrival facility”, in relation to a document exchange, means any box, receptacle or other facility associated with that exchange which is provided for the receipt of letters from members of another document exchange which are conveyed to the facility from a departure facility for that other exchange for collection by members of the first exchange,

• “authorised promoter” means—

  (a)

  a registered pool promoter, or

  (b)

  a person who is or has at any time been an associate (within the meaning of section 184 of the M2 Consumer Credit Act 1974) of such a promoter,

• [F6 “bank” means—

  (a)

  the Bank of England,

  (b)

  a deposit taker,

  (c)

  an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the Financial Services and Markets Act 2000 which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits, or

  (d)

  the central bank of an EEA State other than the United Kingdom.]

• “banking instrument” means—

  (a)

  any cheque or other instrument to which section 4 of the M3 Cheques Act 1957 applies,

  (b)

  any document issued by a public officer which is intended to enable a person to obtain payment from a government department of the sum mentioned in the document,

  (c)

  any bill of exchange not falling within paragraph (a) or (b) or any promissory note,

  (d)

  any postal order or money order,

  (e)

  any credit transfer, credit advice or debit advice, or

  (f)

  any list of items, or any copy of an item, falling within paragraphs (a) to (e),

• “brokers’ research” means any printed documentation prepared by persons licensed or authorised to trade on any regulated stock, share, futures, foreign exchange or commodities market which contains research, analysis and information relating to items traded on that market and which has not been prepared for or on the instructions of any particular person to whom it is addressed or delivered,

• “charity” means a body, or the trustees of a trust, established for charitable purposes only,

• “collection point” means any business premises where brokers’ research is printed or an international airport,

• “departure facility”, in relation to a document exchange, means any box, receptacle or other facility associated with that exchange which is provided for the collection of letters of members of that exchange which are delivered to the facility by those members for conveyance to an arrival facility for another document exchange for collection by members of that other exchange,

• [F7 “deposit taker” means a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits, but does not include—

  (a)

  a credit union, within the meaning of the Credit Unions Act 1979 M4 or the Credit Unions (Northern Ireland) Order 1985 M5 ,

  (b)

  a specially authorised society within the meaning of section 7(1)(f) of the Friendly Societies Act 1974 M6 ,

  (c)

  a person who has permission to accept deposits only for the purpose of carrying on another regulated activity in accordance with that permission.]

• “document exchange” means a system involving at least three members for the exchange of letters between members of the system,

• “EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993,

• “government department” includes any Minister of the Crown, any part of the Scottish Administration, the National Assembly for Wales, the Northern Ireland Assembly, any Northern Ireland Minister or Northern Ireland junior Minister and any Northern Ireland department,

• “group” means a body corporate and all of its wholly owned subsidiaries taken together,

• “overseas letter” means a letter which is directed to a specific person or address outside the United Kingdom,

• “pre-paid letter” includes any letter which, in pursuance of arrangements made with a licence holder, does not require to be pre-paid,

• “registered pool promoter” has the meaning given by section 4(2) of the M7 Betting, Gaming and Lotteries Act 1963, and

• “relevant period” means—

  (a)

  in the case of a collection from an international airport, the period starting with 6.00 pm on any day other than Friday or Saturday and ending with 10.00 am on the next day and the period starting with 6.00 pm on any Friday or Saturday and ending with noon on the next day, and

  (b)

  in any other case, the period starting with 6.00 pm on any day and ending with 6.00 am on the next day.

[F8 (6) In subsection (5), paragraph (c) of the definition of “bank” and the definition of “deposit taker” must be read with—

(a) section 22 of the Financial Services and Markets Act 2000;

(b) any relevant order under that section; and

(c) Schedule 2 to that Act.]

Textual Amendments

F2 S. 7(1A) inserted (1.1.2003) by S.I. 2002/3050, reg. 3(2)

F3 Words in s. 7(2)(d) inserted (5.2.2002) by S.I. 2002/200, art. 2(2)

F4 S. 7(2)(ia) inserted (1.1.2003) by S.I. 2002/3050, reg. 3(3)

F5 Words in s. 7(3) substituted (5.2.2002) by S.I. 2002/200, art. 2(3)

F6 Definition of “bank” in s. 7(5) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 362(2)

F7 Definition of “deposit taker” in s. 7(5) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 362(3)

F8 S. 7(6) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 362(4)

Marginal Citations

M2 1974 c. 39.

M3 1957 c. 36.

M4 1979 c. 34

M5 S.I. 1985 /1205 (N.I. 12).

M6 1974 c. 46.

M7 1963 c. 2.

[F9 7A

Scope of the universal postal service: meaning

(1) For the purposes of section 7(1A), a postal service is outside the scope of the universal postal service in the United Kingdom if it is not, or is not substantially similar to, a postal service within subsection (2).

(2) A postal service is within this subsection if it is a postal service—

(a) which a postal operator is required to provide in the discharge of any duty to provide a universal postal service, or part of such a service,—

(i) imposed under section 3(2) as a condition of the operator’s licence under Part II, or

(ii) included in his licence as a condition by virtue of section 13(1), or

(b) which a postal operator is required to provide in the discharge of any duty to provide a postal service imposed on him by an order under section 102(2).

(3) For the purposes of subsection (1), a postal service is not to be regarded as being not substantially similar to a postal service within subsection (2) merely because—

(a) the service in question does not comply with section 4(1),

(b) where the person providing the service provides it only to persons within a class specified by him for the purposes of its provision, it is not available to all persons within that class, or

(c) where the service has the characteristic of three day delivery, it also has one or more of the characteristics mentioned in subsection (4).

(4) Those characteristics are that—

(a) the service provides for the collection of a postal packet at a place specified by the sender of the packet,

(b) the service provides for the delivery of a postal packet at or by a time specified by the sender of the packet,

(c) the service provides for the delivery of a postal packet to be recorded, and

(d) the service provides for postage to be chargeable in a form or manner, or to be paid at a time or in a manner, different from that provided for by a postal service within subsection (2).

(5) For the purposes of subsection (3)(c), a postal service has the characteristic of three day delivery if, in all or the majority of cases in which a postal packet is sent by it, it seeks to deliver the packet before the end of the period of three working days beginning with the day after the day on which it is received or collected.]

Textual Amendments

F9 S. 7A inserted (1.1.2003) by S.I. 2002/3050, reg. 4

8 Power to modify section 7 by order. U.K.

(1) The Secretary of State may by order modify section 7.

(2) No such order shall be made except on the recommendation of the Commission.

(3) Before making such a recommendation, the Commission shall consult—

(a) the Council,

(b) licence holders, and

(c) such other persons as the Commission considers appropriate.

(4) Where the Commission makes such a recommendation but the Secretary of State decides not to make an order under this section, the Secretary of State shall lay before each House of Parliament a report containing the reasons for his decision.

9 General power to suspend the restriction. U.K.

(1) The Secretary of State may by order suspend the operation of section 6.

(2) No such order shall be made except on the recommendation of the Commission.

(3) Where the Commission makes a recommendation to make an order under this section but the Secretary of State decides not to make such an order, the Secretary of State shall lay before each House of Parliament a report containing the reasons for his decision.

10 Emergency power to suspend the restriction. U.K.

The Secretary of State may, if he considers it expedient in the national interest, by order suspend the operation of section 6—

(a) for such period not exceeding six months as may be specified in the order, and

(b) to such extent as may be so specified.

Licences U.K.

11 Licences: general. U.K.

(1) The Commission may, on an application by a person under section 12, grant a licence to that person authorising him to do anything which—

(a) would otherwise contravene section 6(1), and

(b) is specified in the licence or determined by or under it.

(2) A licence shall not be valid unless it is in writing.

(3) A licence shall not be transferred.

(4) A licence shall, unless it previously ceases to have effect in accordance with its provisions, continue in force for the period specified in it or determined by or under it.

12 Licences: grant. U.K.

(1) An application for a licence shall be made in writing to the Commission in accordance with such requirements as the Commission may specify.

(2) The Commission may, in particular, require the application to be accompanied by such reasonable application fee as it may determine.

(3) Before granting a licence the Commission shall—

(a) publish a notice in such manner as the Commission considers appropriate for bringing it to the attention of persons likely to be affected by the grant,

(b) serve a copy of the notice on the Council, and

(c) consider any representations made in accordance with the notice and not withdrawn.

(4) The notice shall—

(a) state that the Commission proposes to grant the licence and the reasons for so proposing, and

(b) state the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made regarding the proposed licence.

(5) As soon as practicable after granting a licence the Commission shall send a copy of it to the Secretary of State and the Council.

Commencement Information

I1 S. 12 wholly in force; s. 12 not in force at Royal Assent see s. 130; s. 12(1)(2)(3)(a)(c)(4) in force at 6.11.2000 and s. 12 in force insofar as not already in force at 1.1.2001 by S.I. 2000/2957, art. 2(1)(2), Sch. 1, Sch. 2 (with transitional provisions in arts. 3-8)

[F10 12A Licences: refusal U.K.

Where the Commission determines not to grant a licence (in whole or in part), it shall, as soon as practicable after making that determination, notify the applicant and give him a written statement of its reasons for the determination.]

Textual Amendments

F10 S. 12A inserted (1.1.2003) by S.I. 2002/3050, reg. 5

[F11 12B Licences: determination of applications U.K.

 

(1) For the purposes of this section—

• “non-reservable service” means a service of conveying letters from one place to another, where each letter has either or both of the following characteristics, namely—

  (a)

  that it is conveyed in consideration of a payment of not less than 80 pence made by or on behalf of the person for whom it is conveyed, or

  (b)

  that it weighs not less than 100 grams;

• “reservable service” means a service of conveying letters from one place to another, where each letter—

  (a)

  is conveyed in consideration of a payment of less than 80 pence made by or on behalf of the person for whom it is conveyed, and

  (b)

  weighs less than 100 grams;

  and subsection (6) of section 6 applies as it applies for the purposes of that section.

(2) Where an application for a licence seeks authority for the provision of a reservable service which no person (other than a universal service provider) is authorised by a licence to provide in the manner sought in the application—

(a) in a case where the application seeks authority for the provision of that service alone, the Commission shall grant a licence if, and only if, it is satisfied that the requirements of subsections (5) and (6) will be met in relation to the licence (if and when it is granted), and

(b) in any other case, the Commission shall grant a licence so far as the application relates to the provision of that service if, and only if, it is satisfied that (if and when the licence is granted) those requirements will be met in relation to so much of the licence as relates to the provision of that service.

(3) Where an application for a licence seeks authority for the provision of a reservable service which a person (other than a universal service provider) is authorised by a licence to provide in the manner sought in the application—

(a) in a case where the application seeks authority for the provision of that service alone, the Commission shall grant a licence if, and only if, it is satisfied that the requirements of subsection (5) will be met in relation to the licence (if and when it is granted), and

(b) in any other case, the Commission shall grant a licence so far as the application relates to the provision of that service if, and only if, it is satisfied that (if and when the licence is granted) those requirements will be met in relation to so much of the licence as relates to the provision of that service.

(4) Where an application for a licence seeks authority for the provision of a non-reservable service, the Commission—

(a) in a case where the application seeks authority for the provision of that service alone, shall grant a licence if, and only if, it is satisfied that the requirements of subsection (5) will be met in relation to the licence (if and when it is granted), and

(b) in any other case, shall grant a licence so far as the application relates to the provision of that service if, and only if, it is satisfied that (if and when the licence is granted) those requirements will be met in relation to so much of the licence as relates to the provision of that service.

(5) The requirements of this subsection are—

(a) that the licence includes provisions designed to safeguard the provision of a universal postal service,

(b) that the licence includes provisions designed to ensure that the holder complies with such requirements as the Commission considers necessary for the purpose of—

(i) safeguarding confidentiality in connection with the sending, conveyance and delivery of letters;

(ii) safeguarding security where dangerous goods are transported;

(iii) safeguarding the confidentiality of information conveyed;

(iv) preserving privacy;

(v) protecting the environment;

(vi) promoting such policies as the Secretary of State may from time to time have in respect of regional planning and development, and

(c) that the holder of the licence is in a position to comply with any requirement imposed on him by provision made under paragraph (a) or (b).

(6) The requirement of this subsection is that—

(a) the grant of the licence, and

(b) the grant to the holder or any other person of any licence of a similar nature, does not endanger the ability of a universal service provider to provide basic postal services.

(7) In subsection (6) “basic postal services”, in relation to a universal service provider, means such postal services as he is required to provide in the discharge of any duty to provide a universal postal service, or part of such a service,—

(a) imposed under section 3(2) as a condition of his licence,

(b) included in his licence as a condition by virtue of section 13(1), or

(c) imposed on him by an order under section 102(2).]

Textual Amendments

F11 S. 12B inserted (1.1.2003) by S.I. 2002/3050, reg. 6

13 Licences: conditions and other provisions. U.K.

(1) A licence may include such provisions as the Commission considers appropriate; and a provision need not relate to anything authorised by the licence.

(2) The provisions of a licence may, in particular, require a payment to the Commission on the grant of the licence, or payments while the licence is in force, or both, of such amount or amounts as may be specified in the licence or determined by or under it.

(3) Such provisions of a licence as the Commission considers appropriate may be expressed as conditions.

(4) The Commission shall consult any person who is to be granted a licence about any conditions that the Commission proposes to include in the licence (other than any condition which the Commission is required to include in the licence by virtue of this Act).

(5) References in this Act to a condition of a licence are to a provision of a licence which is expressed as a condition.

(6) Subject to subsection (7) no action shall lie or, in Scotland, be competent in respect of a contravention by a licence holder of a condition of his licence.

(7) Subsection (6) does not affect—

(a) a right of action in respect of an act or omission which takes place in the course of the provision of any postal services or the doing of anything else to which the condition relates,

(b) the power to make an order under section 22 or 23, confirm an order made under section 23 or impose a penalty under section 30,

(c) the duty to comply with any such order or pay any such penalty and a power to bring proceedings in respect of such a duty.

Modification of licences U.K.

14 Modification of licences by agreement. U.K.

(1) The Commission may modify the conditions of a licence if its holder consents to the modifications.

(2) Before making modifications under this section the Commission shall—

(a) give notice of the modifications, and

(b) consider any representations made in accordance with the notice and not withdrawn.

(3) The notice shall state—

(a) that the Commission proposes to make the modifications,

(b) the effect of the modifications,

(c) the reasons for the modifications, and

(d) the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made in relation to the proposed modifications.

(4) A notice under subsection (2) shall be given by—

(a) serving a copy of the notice on the licence holder, the Council and the Secretary of State, and

(b) publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.

(5) The Secretary of State may, within the period stated under subsection (3)(d), direct the Commission not to make any proposed modification if he considers that the modification should be made, if at all, under section 17.

(6) As soon as practicable after making modifications under this section the Commission shall send a copy of the modifications to the licence holder, the Council and the Secretary of State.

15 References to the Competition Commission. U.K.

(1) The Commission may make to the Competition Commission a reference requiring the Competition Commission to investigate and report on—

(a) whether any matters, which are specified in the reference and which relate to the provision of postal services whose provision is authorised or required by a licence, operate against the public interest or may be expected to do so,

(b) if so, whether the effects adverse to the public interest which the matters have or may be expected to have could be remedied or prevented by modifying the conditions of the licence.

(2) The Commission may at any time by notice given to the Competition Commission vary a reference by adding to the matters specified in it or by excluding from it one or more of those matters; and on receiving a notice the Competition Commission shall give effect to the variation.

(3) The Commission may, for the purpose of assisting the Competition Commission in its investigation on the reference or the reference as varied, specify in the reference or a variation of it—

(a) any effects adverse to the public interest which it considers that the matters specified in the reference or variation have or may be expected to have,

(b) any modifications of the conditions of the licence by which it considers that those effects could be remedied or prevented.

(4) As soon as practicable after making a reference or variation the Commission shall give notice of it by—

(a) serving a copy of the reference or variation on the licence holder and the Secretary of State, and

(b) publishing particulars of the reference or variation in such manner as the Commission considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.

(5) The Secretary of State may, before the end of the period of 28 days starting with the day on which he receives the copy, direct the Competition Commission not to proceed with the reference or not to give effect to the variation.

(6) The Commission shall, for the purpose of assisting the Competition Commission in carrying out an investigation on a reference under this section, give to the Competition Commission—

(a) any information the Commission has which relates to matters within the scope of the investigation and which the Competition Commission requests,

(b) any information the Commission has which relates to matters within the scope of the investigation and which the Commission considers that it would be appropriate for it to give without a request,

(c) any other assistance which the Commission is able to give in relation to matters within the scope of the investigation and which the Competition Commission requests.

(7) In carrying out the investigation concerned the Competition Commission shall have regard to any information given under subsection (6).

(8) In deciding under this section whether a matter operates, or may be expected to operate, against the public interest the Competition Commission shall have regard to the matters as respects which duties are imposed on the Commission by sections 3 and 5.

[F12 15A References under section 15: time limits U.K.

(1) Every reference under section 15 shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made.

(2) A report of the Competition Commission on a reference under section 15 shall not have effect (and no action shall be taken in relation to it under section 17) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by the Commission under subsection (3).

(3) The Commission may, if it has received representations on the subject from the Competition Commission and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months.

(4) No more than one extension is possible under subsection (3) in relation to the same reference.

(5) The Commission shall, in the case of an extension made by it under subsection (3)—

(a) publish that extension in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and

(b) send a copy of what has been published by it under paragraph (a) to the licence holder and the Secretary of State.]

Textual Amendments

F12 Ss. 15A, 15B inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 278(1), 279, Sch. 25 para. 42(2); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

15B F13 References under section 15: application of Enterprise Act 2002 U.K.

(1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in subsections (2) and (3), for the purposes of references under section 15 as they apply for the purposes of references under that Part—

(a) section 109 (attendance of witnesses and production of documents etc.);

(b) section 110 (enforcement of powers under section 109: general);

(c) section 111 (penalties);

(d) section 112 (penalties: main procedural requirements);

(e) section 113 (payments and interest by instalments);

(f) section 114 (appeals in relation to penalties);

(g) section 115 (recovery of penalties); and

(h) section 116 (statement of policy).

(2) Section 110 shall, in its application by virtue of subsection (1), have effect as if—

(a) subsection (2) were omitted; and

(b) in subsection (9) the words from “or section” to “section 65(3))” were omitted.

(3) Section 111(5)(b)(ii) shall, in its application by virtue of subsection (1), have effect as if—

(a) for the words “published (or, in the case of a report under section 50 or 65, given)” there were substituted “made”;

(b) for the words “published (or given)”, in both places where they appear, there were substituted “made”; and

(c) the words “by this Part” were omitted.

(4) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the Competition Commission in connection with references under section 15 as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), the words [F14 “the OFT, OFCOM,”] and “or the Secretary of State” were omitted.

(5) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (1) or (4), have effect in relation to those sections as applied by virtue of those subsections.

(6) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.

Textual Amendments

F13 Ss. 15A and 15B inserted (20.06.2003) by 2002 c. 40, ss. 278(1), 279, Sch. 25 para. 42(2)

F14 Words in s. 15B(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 16 para. 6(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

16 Reports on references. U.K.

(1) In making a report on a reference under section 15 the Competition Commission—

(a) shall include definite conclusions on the questions contained in the reference and such an account of its reasons for the conclusions as it considers facilitates a proper understanding of the questions and of the conclusions,

(b) if it concludes that any of the matters specified in the reference operate against the public interest or may be expected to do so, shall specify the effects adverse to the public interest which the matters have or may be expected to have,

(c) if it concludes that any adverse effects so specified could be remedied or prevented by modifications of the conditions of the licence, shall specify modifications by which the effects could be remedied or prevented.

(2) A report of the Competition Commission on a reference under section 15 shall be made to the Commission.

(3) The Commission—

(a) shall, on receiving such a report, serve a copy on the Secretary of State, and

(b) shall, after the end of the specified period and subject to subsection (4), publish the report in such manner as the Commission considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.

(4) If the Secretary of State considers that the publication of any matter would be against the public interest or any person’s commercial interests, he may before the end of the specified period direct the Commission to exclude the matter from every copy of the report to be published as mentioned in subsection (3)(b).

(5) In this section “the specified period” means the period of 14 days starting with the day on which the Secretary of State receives the copy under subsection (3)(a).

[F15 16A Reports on references under section 15: further provision U.K.

(1) For the purposes of sections 17 and 18, a conclusion contained in a report of the Competition Commission is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted in connection with the reference concerned in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998.

(2) If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under section 15 as the conclusions of the Competition Commission, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.

(3) For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the Competition Commission on a reference under section 15.

(4) In making any report on a reference under section 15 the Competition Commission must have regard to the following considerations before disclosing any information.

(5) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the Competition Commission thinks is contrary to the public interest

(6) The second consideration is the need to exclude from disclosure (so far as practicable)—

(a) commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

(b) information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual’s interests.

(7) The third consideration is the extent to which the disclosure of the information mentioned in subsection (6)(a) or (b) is necessary for the purposes of the report.]

Textual Amendments

F15 S. 16A inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 278(1), 279, Sch. 25 para. 42(3); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

17 Modification following report. U.K.

(1) This section applies if a report of the Competition Commission on a reference under section 15—

(a) includes conclusions to the effect that any of the matters specified in the reference operate against the public interest or may be expected to do so,

(b) specifies effects adverse to the public interest which the matters have or may be expected to have,

(c) includes conclusions to the effect that the effects could be remedied or prevented by modifications of the conditions of the licence, and

(d) specifies modifications by which the effects could be remedied or prevented.

(2) The Commission shall, subject as follows, make such modifications of the conditions of the licence as it considers are needed for the purpose of remedying or preventing the adverse effects specified in the report.

(3) Before making any such modifications, the Commission shall—

(a) have regard to the modifications specified in the report,

(b) give notice of its proposed modifications, and

(c) consider any representations made in accordance with the notice and not withdrawn.

(4) If, after considering any such representations, the Commission decides to make any modifications for the purpose of remedying or preventing the adverse effects specified in the report, the Commission shall give notice of the modifications to the Competition Commission.

(5) If no direction is given to the Commission under section 18(2) within the period of four weeks starting with the date on which the notice under subsection (4) is given, the Commission shall make the modifications set out in the notice.

(6) If a direction is given to the Commission under section 18(2)(b) within the period of four weeks starting with the date on which the notice under subsection (4) is given, the Commission shall make the modifications which are set out in the notice and are not specified in the direction.

18 Power of intervention of the Competition Commission. U.K.

(1) The Competition Commission may give a direction under subsection (2) if it considers that the modifications set out in a notice under section 17(4) are not the modifications which are needed for the purpose of remedying or preventing all or any of the adverse effects specified by it in the report as effects which could be remedied or prevented by modifications.

(2) The Competition Commission may direct the Commission—

(a) not to make the modifications concerned, or

(b) not to make such of the modifications as may be specified in the direction.

(3) Subject to subsection (4), the Competition Commission may only give a direction under subsection (2) within the period of four weeks starting with the date on which the notice under section 17(4) is given.

(4) The Secretary of State may, on the application of the Competition Commission and within the period mentioned in subsection (3), direct that the period (and, accordingly, the period mentioned in section 17(5) and (6)) shall be extended by 14 days.

(5) The Competition Commission may itself make such modifications as it considers are needed for the purpose of remedying or preventing—

(a) if the direction was given under subsection (2)(a), the adverse effects specified in the report as effects which could be remedied or prevented by modifications,

(b) if the direction was given under subsection (2)(b), such of those adverse effects as are not remedied or prevented by the modifications made by the Commission under section 17(6).

(6) In exercising its functions under subsection (5), the Competition Commission shall have regard to the matters to which the Commission is required to have regard when determining the conditions of a licence.

(7) The Commission shall, for the purpose of assisting the Competition Commission in exercising its functions under this section, give to the Competition Commission—

(a) any information the Commission has which relates to the exercise of the functions and which the Competition Commission requests,

(b) any information the Commission has which relates to the exercise of the functions and which the Commission considers that it would be appropriate for it to give without a request,

(c) any other assistance which the Commission is able to give in relation to the exercise of the functions and which the Competition Commission requests.

(8) In exercising its functions under this section, the Competition Commission shall have regard to any information given under subsection (7).

19 Procedural requirements in relation to modifications. U.K.

(1) A notice under section 17(3) shall state—

(a) that the Commission proposes to make the modifications,

(b) the effect of the modifications,

(c) the reasons for the modifications, and

(d) the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made in relation to the proposed modifications.

(2) Such a notice shall be given by—

(a) serving a copy of the notice on the licence holder, and

(b) publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.

(3) A notice under section 17(4) shall state—

(a) that the Commission proposes to make the modifications,

(b) the effect of the modifications, and

(c) the reasons for the modifications.

(4) The Commission shall include with such a notice—

(a) a copy of any representations made in accordance with the notice under section 17(3) and not withdrawn, and

(b) such information (including information about any change in circumstances since the report was made) as the Commission considers it desirable for the Competition Commission to have.

(5) As soon as practicable after making modifications under section 17 the Commission shall send a copy of the modifications to the licence holder, the Council and the Secretary of State.

(6) The Competition Commission shall give notice of any direction given by it under section 18(2).

(7) The notice shall state—

(a) the modifications proposed by the Commission,

(b) the terms of the direction, and

(c) the reasons for giving it.

(8) Before making modifications under section 18(5) the Competition Commission shall—

(a) give notice of the modifications, and

(b) consider any representations made in accordance with the notice and not withdrawn.

(9) The notice shall state—

(a) that the Competition Commission proposes to make the modifications,

(b) the effect of the modifications,

(c) the reasons for the modifications, and

(d) the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made in relation to the proposed modifications.

(10) A notice under subsection (6) or (8) shall be given by—

(a) serving a copy of the notice on the licence holder, the Commission and the Secretary of State, and

(b) publishing the notice in such manner as the Competition Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.

(11) As soon as practicable after making modifications under section 18(5) the Competition Commission shall send a copy of the modifications to the licence holder, the Commission, the Council and the Secretary of State.

[F16 19A Sections 18 and 19: further provision U.K.

(1) For the purposes of the law relating to defamation, absolute privilege attaches to any notice under section 19(6) or (8).

(2) In giving any notice under section 19(6) or (8), the Competition Commission must have regard to the following considerations before disclosing any information.

(3) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the Competition Commission thinks is contrary to the public interest.

(4) The second consideration is the need to exclude from disclosure (so far as practicable)—

(a) commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

(b) information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual’s interests.

(5) The third consideration is the extent to which the disclosure of the information mentioned in subsection (4)(a) or (b) is necessary for the purposes of the notice.

(6) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in subsections (7) and (8), in relation to any investigation by the Competition Commission for the purposes of the exercise of its functions under section 18 as they apply for the purposes of any investigation on references under that Part—

(a) section 109 (attendance of witnesses and production of documents etc. );

(b) section 110 (enforcement of powers under section 109: general);

(c) section 111 (penalties);

(d) section 112 (penalties: main procedural requirements);

(e) section 113 (payments and interest by instalments);

(f) section 114 (appeals in relation to penalties);

(g) section 115 (recovery of penalties); and

(h) section 116 (statement of policy).

(7) Section 110 shall, in its application by virtue of subsection (6), have effect as if—

(a) subsection (2) were omitted;

(b) in subsection (4), for the words from “the publication” to “reference concerned” there were substituted “the sending of a copy to the Secretary of State under section 19(11) of the Postal Services Act 2000 of the modifications made by the Competition Commission in connection with the reference concerned or, if no direction has been given by the Competition Commission under section 18(2) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period”; and

(c) in subsection (9) the words from “or section” to “section 65(3))” were omitted.

(8) Section 111(5)(b) shall, in its application by virtue of subsection (6), have effect as if for sub-paragraph (ii) there were substituted—

“(ii) if earlier, the day on which a copy of the modifications made by the Competition Commission in connection with the reference concerned is sent to the Secretary of State under section 19(11) of the Postal Services Act 2000 or, if no direction is given by the Competition Commission under section 18(2) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which such a direction may be given within the permitted period. ”

(9) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the Competition Commission in connection with the exercise of its functions under section 18 as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), the words [F17 “the OFT, OFCOM,”] and “or the Secretary of State” were omitted.

(10) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (6) or (9), have effect in relation to those sections as applied by virtue of those subsections.

(11) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.]

Textual Amendments

F16 S. 19A inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 278(1), 279, Sch. 25 para. 42(4); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

F17 Words in s. 19A(9) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 16 para. 6(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F18 20 Application of competition legislation to references etc. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 S. 20 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 42(5), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

21 Modification by order under other enactments. U.K.

[F19 (1) Where the Office of Fair Trading, the Competition Commission or (as the case may be) the Secretary of State (in this section “ the relevant authority ”) makes a relevant order, the order may also provide for the modification of the conditions of a licence to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(2) In subsection (1) above “ relevant order ” means—

(a) an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—

(i) one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the provision of postal services; or

(ii) one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the provision of postal services; or

(b) an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the provision of postal services.]

(5) As soon as practicable after making modifications under this section the [F20 relevant authority] shall send a copy of the modifications to the licence holder, the Commission and the Council.

[F21 (6) Expressions used in subsection (2) above and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that subsection as in that Part.]

Textual Amendments

F19 S. 21(1)(2) substituted for s. 21(1)-(4) (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 14(2); S.I. 2003/1397, art. 2(1), Sch.

F20 Words in s. 21(5) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 14(3); S.I. 2003/1397, art. 2(1), Sch.

F21 S. 21(6) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 14(4); S.I. 2003/1397, art. 2(1), Sch.

Modifications etc. (not altering text)

C1 S. 21(2)(a) amended (20.6.2003) by Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 1(1), Sch. 4 para. 16

Enforcement orders U.K.

22 Final orders. U.K.

(1) If the Commission is satisfied that a licence holder—

(a) is contravening any condition of his licence, or

(b) is likely to contravene any such condition,

the Commission shall by order make such provision as is needed for the purpose of securing compliance with the condition.

(2) An order under subsection (1)—

(a) shall require the licence holder to do, or not to do, such things as are specified in the order or are of a description so specified,

(b) shall take effect at such time, being the earliest practicable time, as is determined by or under the order, and

(c) may be revoked at any time by the Commission.

(3) An order under subsection (1) shall have effect until such time (if any) as the Commission revokes it.

(4) This section is subject to section 25.

(5) In this Act “final order” means an order under this section.

23 Provisional orders. U.K.

(1) If—

(a) the Commission is not satisfied that a licence holder is contravening any condition of his licence or is likely to contravene any such condition, but

(b) the requirements in subsection (2) are met,

the Commission shall by order make such provision as it considers is needed for the purpose of securing compliance with the licence condition.

(2) The requirements are that it appears to the Commission—

(a) that the licence holder is contravening any condition of his licence or is likely to contravene any such condition, and

(b) that an order under subsection (1) is needed.

(3) In deciding whether an order under subsection (1) is needed the Commission shall have regard, in particular, to the extent to which any person is likely to sustain loss or damage as a result of anything likely to be done or omitted in contravention of the licence condition before a final order may be made.

(4) An order under subsection (1)—

(a) shall require the licence holder to do, or not to do, such things as are specified in the order or are of a description so specified,

(b) shall take effect at such time, being the earliest practicable time, as is determined by or under the order, and

(c) may be revoked at any time by the Commission.

(5) An order under subsection (1) shall, subject to any earlier revocation by the Commission, have effect for such period not exceeding three months as is determined by or under the order and which starts when the order takes effect.

(6) An order under subsection (1) shall not be made in any case where a previous such order has been made in respect of the same contravention or apprehended contravention by the licence holder.

(7) This section is subject to section 25.

(8) In this Act “provisional order” means an order under this section.

24 Confirmation of provisional orders. U.K.

(1) The Commission shall confirm a provisional order (with or without modifications) if—

(a) it is satisfied that the licence holder is contravening any condition of his licence or is likely to contravene any such condition, and

(b) it considers that confirmation of the order (with any modifications) is needed for the purpose of securing compliance with the condition.

(2) Where the Commission confirms a provisional order under subsection (1), the order continues to have effect until such time (if any) as the Commission revokes it.

(3) This section is subject to section 25.

25 Exceptions from duty to make or confirm enforcement orders. U.K.

The Commission shall not make a final order or make or confirm a provisional order if it is satisfied that—

(a) the duties imposed on it by sections 3 and 5 preclude it from doing so,

(b) the licence holder has agreed to take and is taking all the steps that the Commission considers appropriate to secure or facilitate compliance with the condition concerned, or

(c) the contraventions or apprehended contraventions are trivial.

26 Enforcement orders: main procedural requirements. U.K.

(1) Before making a final order or confirming a provisional order, the Commission shall—

(a) give notice of the proposed order or confirmation, and

(b) consider any representations made in accordance with the notice and not withdrawn.

(2) The notice shall state—

(a) that the Commission proposes to make or confirm the order,

(b) the effect of the order,

(c) the condition for the purpose of securing compliance with which the order is to be made or confirmed,

(d) the acts or omissions which the Commission considers constitute or would constitute contraventions of that condition,

(e) any other facts which the Commission considers justify the making or confirmation of the order, and

(f) the period (not less than 21 days starting with the date of publication of the notice) within which representations may be made in relation to the proposed order or confirmation.

(3) A notice under subsection (1) shall be given by—

(a) serving on the licence holder and the Council a copy of the notice and a copy of the order proposed (or proposed to be confirmed), and

(b) publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.

(4) As soon as practicable after making a final order, or making or confirming a provisional order, the Commission shall—

(a) serve a copy of the order on the licence holder and the Council, and

(b) publish the order in such manner as the Commission considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.

(5) This section has effect subject to section 27.

27 Enforcement orders: further procedural requirements. U.K.

(1) The Commission shall not make a final order with modifications, or confirm a provisional order with modifications, unless—

(a) the licence holder consents to the modifications and the Commission complies with the requirements of subsection (2), or

(b) the Commission complies with the requirements of subsection (3).

(2) The requirements of this subsection are that the Commission shall—

(a) give notice of the proposed modifications to the Council, and

(b) consider any representations made in accordance with the notice and not withdrawn.

(3) The requirements of this subsection are that the Commission shall—

(a) give notice of the proposed modifications, and

(b) consider any representations made in accordance with the notice and not withdrawn.

(4) A notice under subsection (2) or (3) shall state—

(a) the proposed modifications,

(b) the reasons for them, and

(c) the period (not less than 7 days starting with the date of the giving of the notice under subsection (2) or (as the case may be) the publication of the notice under subsection (3)) within which representations may be made in relation to the proposed modifications.

(5) Before revoking a final order or a provisional order which has been confirmed, the Commission shall—

(a) give notice of the proposed revocation, and

(b) consider any representations made in accordance with the notice and not withdrawn.

(6) The notice shall state—

(a) that the Commission proposes to revoke the order,

(b) the effect of the proposed revocation, and

(c) the period (not less than 21 days starting with the date of publication of the notice) within which representations may be made in relation to the proposed revocation.

(7) As soon as practicable after revoking a final order or a provisional order which has been confirmed, the Commission shall give notice of the revocation.

(8) If, after giving notice under section 26(1) or subsection (3) or (5) of this section, the Commission decides not to make a final order or confirm a provisional order or (as the case may be) revoke the order, it shall give notice of that decision.

(9) If, after giving notice under subsection (2), the Commission decides not to make a final order or confirm a provisional order, it shall give notice of that decision to the licence holder concerned and the Council.

(10) A notice under subsection (2) shall be given by serving a copy of the notice on the Council and a notice under subsection (9) shall be given by serving a copy of the notice on the licence holder and the Council.

(11) Any other notice under this section shall be given by—

(a) serving a copy of the notice on the licence holder and the Council, and

(b) publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.

28 Validity of enforcement orders. U.K.

(1) This section applies if a licence holder to whom a final or provisional order relates is aggrieved by the order and wants to question its validity on the ground that—

(a) its making or confirmation was not within the powers conferred by section 22, 23 or (as the case may be) 24, or

(b) any of the requirements of sections 26 and 27 have not been complied with in relation to the making or confirmation of the order.

(2) The licence holder may apply to the court.

(3) If a copy of the order as made or confirmed was served on the licence holder the application to the court shall be made within the period of 42 days starting with the day on which the copy was served on the licence holder.

(4) On an application under this section the court may quash the order or any provision of it if the court considers it appropriate to do so and is satisfied that—

(a) the making or confirmation of the order was not within the powers conferred by section 22, 23 or (as the case may be) 24, or

(b) any of the requirements of sections 26 and 27 have not been complied with in relation to the making or confirmation of the order and the interests of the licence holder have been substantially prejudiced by the non-compliance.

(5) Where an application has been made under this section, the licence holder concerned shall not be required to comply with the order to which the application relates until the application has been determined, withdrawn or otherwise dealt with; and section 29 shall be construed accordingly.

(6) Except as provided by this section, the validity of a final or provisional order shall not be questioned in any legal proceedings.

(7) In this section “the court” means,

(a) in relation to England and Wales or Northern Ireland, the High Court,

(b) in relation to Scotland, the Court of Session.

29 Effect of enforcement orders. U.K.

(1) The licence holder to whom a final or provisional order relates shall have a duty to comply with it.

(2) The duty shall be owed to any person who may be affected by a contravention of the order.

(3) Any breach of the duty which causes such a person to sustain loss or damage shall be actionable by him.

(4) In any proceedings brought against a licence holder under subsection (3) it shall be a defence for the licence holder to show that he took all reasonable steps and exercised all due diligence to avoid contravening the order.

(5) Compliance with a final or provisional order shall also be enforceable by civil proceedings brought by the Commission for an injunction or for interdict or for any other appropriate relief or remedy.

(6) Subsection (5) shall not prejudice any right that a person may have by virtue of subsection (3) to bring civil proceedings for contravention or apprehended contravention of a final or provisional order.

Financial penalties U.K.

30 Financial penalties. U.K.

(1) If the Commission is satisfied that a licence holder—

(a) has contravened any condition of his licence, or

(b) is contravening any such condition,

the Commission may impose on the licence holder a penalty of such amount as is reasonable.

(2) No such penalty shall exceed 10 per cent. of the turnover of the licence holder (determined in accordance with provisions specified in an order made by the Secretary of State).

(3) The Commission may impose a penalty under this section in respect of a contravention of a licence condition irrespective of whether it has made or may make a final or provisional order in respect of that contravention.

Commencement Information

I2 S. 30 wholly in force; s. 30 not in force at Royal Assent see s. 130; s. 30(2) in force at 6.11.2000 and s. 30 in force insofar as not already in force at 26.3.2001 by S.I. 2000/2957, art. 2(1)(3), Sch. 1, Sch. 3 (with transitional provisions in arts. 3-8)

31 Statement of policy in relation to penalties. U.K.

(1) The Commission shall prepare and publish a statement of policy in relation to the imposition of penalties and the determination of their amount.

(2) In deciding whether to impose a penalty, and in determining the amount of any penalty, the Commission shall have regard to the statement of policy which was most recently published at the time when the contravention concerned occurred.

(3) The Commission may revise its statement of policy and, where it does so, it shall publish the revised statement.

(4) Publication under this section shall be in such manner as the Commission considers appropriate for the purpose of bringing the matters contained in the statement of policy to the attention of persons likely to be affected by them.

(5) The Commission shall consult the Council and such other persons as it considers appropriate when preparing or revising its statement of policy.

32 Imposition of penalties: main procedural requirements. U.K.

(1) Before imposing a penalty under section 30, the Commission shall—

(a) give notice of the proposed penalty, and

(b) consider any representations made in accordance with the notice and not withdrawn.

(2) The notice shall state—

(a) that the Commission proposes to impose a penalty,

(b) the amount of the proposed penalty,

(c) the condition which the Commission is satisfied has been contravened or is being contravened,

(d) the acts or omissions which the Commission considers constitute the contravention,

(e) any other facts which the Commission considers justify the imposition of a penalty and the amount of the proposed penalty,

(f) the manner in which, and place at which, it is proposed to require the penalty to be paid, and

(g) the period (not less than 21 days starting with the date of publication of the notice) within which representations may be made in relation to the proposed penalty.

(3) As soon as practicable after imposing a penalty, the Commission shall give notice of the penalty.

(4) The notice shall state—

(a) that the Commission has imposed a penalty on the licence holder,

(b) the amount of the penalty,

(c) the condition which the Commission is satisfied has been contravened or is being contravened,

(d) the acts or omissions which the Commission considers constitute the contravention,

(e) any other facts which the Commission considers justify the imposition of a penalty and the amount of the penalty,

(f) the manner in which, and place at which, the penalty is required to be paid, and

(g) the date or dates, no earlier than the end of the period of 42 days from the date of service of the notice on the licence holder, by which the penalty or (as the case may be) different portions of it are required to be paid.

(5) The licence holder may, within 21 days of the date of service on him of a notice under subsection (3), apply to the Commission for it to specify a different date or (as the case may be) different dates by which the penalty or (as the case may be) different portions of it are to be paid.

(6) A notice under this section shall be given by—

(a) serving a copy of the notice on the licence holder and the Council, and

(b) publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.

(7) This section has effect subject to section 33.

33 Penalties: further procedural requirements. U.K.

(1) The Commission shall not vary the proposed amount of a penalty as stated in a notice under section 32(1) unless—

(a) the licence holder consents to the variation, or

(b) the Commission complies with the requirements of subsection (2).

(2) The requirements are that the Commission shall—

(a) give notice of the proposed variation, and

(b) consider any representations made in accordance with the notice and not withdrawn.

(3) The notice shall state—

(a) the proposed variation,

(b) the reasons for it, and

(c) the period (not less than 7 days starting with the date of publication of the notice) within which representations may be made in relation to the proposed variation.

(4) If, after giving notice under section 32(1) or subsection (2) of this section, the Commission decides not to impose a penalty, it shall give notice of that decision.

(5) A notice under this section shall be given by—

(a) serving a copy of the notice on the licence holder and the Council, and

(b) publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.

34 Time-limits on the imposition of penalties. U.K.

(1) No penalty shall be imposed under section 30 in respect of a contravention of a licence condition—

(a) where a provisional order has been made but not confirmed in respect of the contravention and no final order has been made in respect of it, unless a copy of the notice under section 32(1) has been served on the licence holder no later than six months starting with the date on which the provisional order was made,

(b) where a provisional order has been confirmed or a final order made in respect of the contravention, unless a copy of the notice under section 32(1) has been served on the licence holder no later than three months starting with the date on which the order was confirmed or (as the case may be) made.

(2) No penalty shall be imposed under section 30 in respect of a contravention of a licence condition for which no provisional or final order has been made unless a copy of the notice under section 32(1) has been served on the licence holder within twelve months from the time of the contravention.

35 Interest and payments by instalment. U.K.

(1) If the whole or any portion of a penalty is not paid by the date by which it is required to be paid, the unpaid balance from time to time shall carry interest at the rate for the time being specified in section 17 of the M8 Judgments Act 1838.

(2) Where an application has been made under section 32(5), the penalty shall not be required to be paid until the application has been determined, withdrawn or otherwise dealt with.

(3) If a portion of a penalty has not been paid by the date required for it, the Commission may, where it considers it appropriate to do so, require so much of the penalty as has not already been paid to be paid immediately.

Marginal Citations

M8 1838 c. 110.

36 Appeals. U.K.

(1) This section applies if a licence holder on whom a penalty is imposed under section 30 is aggrieved by—

(a) the imposition of the penalty,

(b) the amount of the penalty, or

(c) the date by which the penalty is required to be paid or (as the case may be) the different dates by which portions of the penalty are required to be paid.

(2) The licence holder may apply to the court.

(3) If a copy of the notice under section 32(3) was served on the licence holder, the application to the court shall, subject to subsection (4), be made within the period of 42 days starting with the day on which the copy was served on the licence holder.

(4) If the application relates to a decision of the Commission on an application by a licence holder under section 32(5), the application to the court shall be made within the period of 42 days starting with the day on which the licence holder is notified of the decision.

(5) On an application under this section, the court may—

(a) quash the penalty,

(b) substitute a penalty of such lesser amount as the court considers appropriate, or

(c) in a case falling within subsection (1)(c), substitute for the date or dates imposed by the Commission an alternative date or dates,

if it considers it appropriate to do so and is satisfied of one or more of the grounds mentioned in subsection (6).

(6) The grounds are—

(a) that the imposition of the penalty was not within the powers of the Commission under section 30,

(b) that any of the requirements of section 32 or 33 have not been complied with in relation to the imposition of the penalty and the interests of the licence holder have been substantially prejudiced by the non-compliance,

(c) that it was unreasonable of the Commission to require the penalty to be paid by the date concerned or (as the case may be) to require portions of it to be paid by the dates concerned.

(7) Where an application has been made under this section, the penalty shall not be required to be paid until the application has been determined, withdrawn or otherwise dealt with.

(8) Where the court substitutes a penalty of a lesser amount it may require the payment of interest on the substituted penalty at such rate, and from such date, as it considers appropriate.

(9) Where the court specifies as a date by which the penalty, or a portion of the penalty, is to be paid a date before the determination of the application under this section it may require the payment of interest on the penalty, or portion, from that date at such rate as it considers appropriate.

(10) Except as provided by this section, the validity of a penalty shall not be questioned in any legal proceedings.

(11) In this section “the court” means—

(a) in relation to England and Wales or Northern Ireland, the High Court, and

(b) in relation to Scotland, the Court of Session.

37 Recovery of penalties. U.K.

Where a penalty imposed under section 30, or any portion of such a penalty, has not been paid by the date on which it is required to be paid and—

(a) no application relating to the penalty has been made under section 36 during the period within which such an application may be made, or

(b) any such application which has been made has been determined, withdrawn or otherwise dealt with,

the Commission may recover from the licence holder any of the penalty and any interest which has not been paid; and in England and Wales and Northern Ireland such penalty and interest may be recovered as a civil debt due to the Commission.

Miscellaneous U.K.

38 Register. U.K.

(1) The Commission shall compile and maintain a register for the purposes of this Part.

(2) The register shall be kept at such premises and in such form as the Commission considers appropriate.

(3) The Commission shall cause the following matters to be entered in the register—

(a) the provisions of every licence,

(b) every modification, revocation or surrender of a licence,

(c) the provisions of every direction or determination made or consent or approval given under a licence,

(d) the terms of every final or provisional order made or confirmed and every revocation of such an order,

(e) every penalty imposed under section 30 and every notice under section 32(3).

(4) The duty in subsection (3) does not extend to anything of which the Commission is unaware.

(5) So far as practicable the Commission shall secure the exclusion from the register of any matter relating to the affairs of a person if the Commission considers that its inclusion would or might seriously and prejudicially affect the person’s interests.

(6) Subsection (5) does not apply if—

(a) the person concerned consents to the matter being entered in the register, or

(b) the Commission considers that entering the matter in the register would be in the public interest.

(7) If the Secretary of State considers that entry of anything in the register would be against the public interest or any person’s commercial interests, he may direct the Commission not to enter it.

(8) The Commission shall secure that the contents of the register are available for inspection by the public—

(a) during such hours as may be specified in an order made by the Secretary of State, and

(b) subject to such reasonable fees (if any) as the Commission may determine.

(9) If requested by any person to do so and subject to such reasonable fees (if any) as the Commission may determine, the Commission shall supply the person concerned with a copy (certified to be true) of the register or of an extract from it.

39 Recovery of costs of the Council etc. U.K.

The Secretary of State may give directions to the Commission as to—

(a) the inclusion in any licence of conditions requiring the payment of sums relating to the expenses of the Council, or of the Secretary of State in relation to the establishment of the Council,

(b) the exercise of any power of the Commission to determine anything falling to be determined under such conditions.

40 Directors’ remuneration. U.K.

(1) This section applies to any licence holder which is a company.

(2) As soon as practicable after the end of each financial year of the company it shall make a statement to the Commission—

(a) disclosing whether or not remuneration has been paid or become due during that financial year to the directors of the company as a result of arrangements falling within subsection (3), and

(b) where such remuneration has been paid or become due, describing the arrangements and the remuneration.

(3) Arrangements fall within this subsection if they are arrangements for linking the remuneration of the directors to standards of performance—

(a) specified for the company in its licence, or determined for the company by or under the licence, or

(b) set or agreed to by the company,

in relation to the provision of services authorised or required by the licence.

(4) A description under subsection (2)(b) shall include—

(a) a statement of when the arrangements were made,

(b) a description of the standards of performance in question,

(c) an explanation of the means by which the standards of performance are assessed, and

(d) an explanation of how the remuneration was calculated.

(5) The statement required by subsection (2) shall also state—

(a) whether or not there are in force in respect of the financial year during which the statement is made arrangements falling within subsection (3),

(b) if not, whether the company intends that such arrangements will be in force at some time during that financial year,

and if there are, or it is intended that there will be, such arrangements in force the statement shall describe those arrangements.

(6) A description under subsection (5) shall—

(a) include the matters mentioned in subsection (4)(a) to (c), and

(b) where the arrangements described are different from any arrangements described under subsection (2)(b), state the likely effect of those differences on the remuneration of each director of the company.

(7) The statement required by subsection (2) shall be made to the Commission in such manner as may be required by the Commission.

(8) The statement required by subsection (2)—

(a) shall be published by the company making the statement in such manner as it considers will secure adequate publicity for the statement, and

(b) may be published by the Commission in such manner as it may consider appropriate.

(9) The duty of a company under this section applies in relation to any person who has at any time been a director of the company.

(10) In this section—

• “company” means a company within the meaning of the M9 Companies Act 1985, or the M10 Companies (Northern Ireland) Order 1986, which is limited by shares,

• “remuneration” in relation to a director of a company—

  (a)

  means any form of payment, consideration or other benefit (including pension benefit) paid or due to or in respect of the director, and

  (b)

  includes remuneration in respect of any of his services while a director of the company.

Marginal Citations

M9 1985 c. 6.

M10 S.I. 1986/1032 (N.I. 6).

41 Free services for the blind and partially sighted. U.K.

(1) The Secretary of State may direct the Commission to impose, as a condition of a relevant licence, a requirement that the licence holder provide such free postal services as may be specified in the direction to such descriptions of blind or partially sighted persons as may be so specified.

(2) The requirement shall not come into force unless—

(a) the Secretary of State directs the Commission to bring it into force, and

(b) the Commission gives notice of the direction to the licence holder.

(3) The Secretary of State shall consult the Commission and the Council before giving any direction under this section.

(4) In this section “relevant licence” means a licence to be granted which is to require the person holding it to provide a universal postal service or part of such a service.

Part III U.K. Other functions of the Commission and the Council

The Commission U.K.

42 Duties in relation to public post offices. U.K.

(1) The Commission shall provide advice and information to the Secretary of State about—

(a) the number and location of public post offices of such descriptions as the Secretary of State may specify, and

(b) their accessibility12. to users of postal and other services.

(2) The Commission shall consult the Council before providing any advice or information under this section.

(3) In this Act “public post office” means any post office from which any postal services are provided directly to the public (whether or not together with other services).

Commencement Information

I3 S. 42 wholly in force; s. 42 not in force at Royal Assent see s. 130; s. 42(3) in force at 6.11.2000 and s. 42 in force insofar as not already in force at 1.1.2001 by S.I. 2000/2957, art. 2(1)(2), Sch. 1, Sch. 2

43 Duties in relation to social and environmental matters. U.K.

(1) The Commission shall, in exercising its functions, have regard to any guidance given by the Secretary of State under this section.

(2) The Secretary of State shall from time to time give guidance about the making by the Commission of a contribution towards the attainment of any social or environmental policies set out or referred to in the guidance.

(3) Before giving any such guidance, the Secretary of State shall consult—

(a) the Commission,

(b) the Council,

(c) any universal service provider,

(d) any licence holder under Part II who is not a universal service provider, and

(e) such other persons as the Secretary of State considers appropriate.

(4) A draft of any guidance proposed to be given under this section shall be laid before each House of Parliament.

(5) Guidance shall not be given under this section until after the period of 40 days starting with—

(a) the day on which the draft is laid before each House of Parliament, or

(b) if the draft is laid before the House of Lords on one day and the House of Commons on another day, the later of those two days.

(6) If, before the end of that period, either House resolves that the guidance should not be given, the Secretary of State shall not give it.

(7) In reckoning any period of 40 days for the purposes of subsection (5) or (6), no account shall be taken of any time during which—

(a) Parliament is dissolved or prorogued, or

(b) both Houses are adjourned for more than four days.

(8) The Secretary of State shall publish any guidance given by him under this section in such manner as he considers appropriate.

Commencement Information

I4 S. 43 wholly in force; s. 43 not in force at Royal Assent see s. 130; s. 43(1)(2)(3)(a)(c)-(e)(4)-(8) in force at 6.11.2000 and s. 43 in force insofar as not already in force at 1.1.2001 by S.I. 2000/2957, art. 2(1)(2), Sch. 1, Sch. 2 (with transitional provisions in arts.3-8)

44 Review and information. U.K.

(1) So far as the Commission considers it practicable to do so with a view to facilitating the exercise of its functions, it shall—

(a) keep under review the provision (in the United Kingdom, other member States and elsewhere) of postal services,

(b) collect information about the provision (in the United Kingdom, other member States and elsewhere) of those services.

(2) The Secretary of State may give directions indicating considerations to which the Commission is to have particular regard in deciding the order of priority in which matters are to be reviewed in performing its duty under subsection (1)(a).

(3) So far as the Commission considers it practicable to do so with a view to facilitating the exercise of its functions, it shall, in particular, collect information which enables comparisons to be made between the efficiency and economy of different postal operators (whether in the United Kingdom, other member States or elsewhere).

(4) The Commission shall from time to time collect information in relation to the standards of performance achieved by—

(a) any universal service provider in the provision of a universal postal service, and

(b) so far as not falling within paragraph (a), licence holders under Part II in the provision of services authorised or required by their licences.

(5) The Commission may collect such information as is necessary for it to comply with a notice of the Council under section 58(1).

(6) If the Commission considers it expedient or is asked by the Secretary of State to do so, it shall provide information, advice and help to the Secretary of State regarding any matter in relation to which the Commission has a function.

Commencement Information

I5 S. 44 wholly in force; s. 44 not in force at Royal Assent see s. 130; s. 44(1)-(4)(6) in force at 6.11.2000 and s. 44 in force insofar as not already in force at 1.1.2001 by S.I. 2000/2957, art. 2(1)(2), Sch. 1, Sch. 2 (with transitional provisions in arts. 3-8)

45 Annual and other reports: the Commission. U.K.

(1) The Commission shall, as soon as practicable after the end of each financial year, make a report to the Secretary of State on its activities during that year (“the annual report”).

(2) The annual report for each year shall, in particular, include—

(a) a general survey of developments in relation to matters falling within the scope of the Commission’s functions,

(b) a report as to the manner in which the Commission has complied with its obligations under the Postal Services Directive,

(c) a report as to whether each licence holder under Part II has achieved any standards of performance specified for him in his licence, or determined for him by or under it, in relation to the provision of services authorised or required by his licence,

(d) a summary of final and provisional orders made under Part II during that year, of provisional orders confirmed under that Part during that year, and penalties imposed under that Part during that year,

(e) a report on the progress of the projects described in the forward work programme for that year (within the meaning of section 61),

(f) a report on such other matters as the Secretary of State may from time to time require.

(3) The Secretary of State shall consult the Commission before exercising his power under subsection (2)(f) in relation to any matter.

(4) The Secretary of State shall—

(a) lay a copy of each annual report before each House of Parliament, and

(b) publish the report in such manner as he considers appropriate.

(5) The Commission may prepare other reports in relation to any matter falling within the scope of its functions and may publish any such report in such manner as it considers appropriate.

(6) The Commission shall send a copy of each annual or other report published under this section to the Council.

(7) So far as practicable the Commission shall secure the exclusion from any report under this section of any matter relating to the affairs of a person if the Commission considers that its inclusion would or might seriously and prejudicially affect the person’s interests.

(8) Subsection (7) does not apply if—

(a) the person concerned consents to inclusion of the matter in the report, or

(b) the Commission considers that inclusion of the matter in the report would be in the public interest.

46 Publication of information and advice: the Commission. U.K.

(1) The Commission may publish such information and advice as it considers expedient to give to—

(a) a universal service provider,

(b) any licence holder under Part II who is not a universal service provider, or

(c) users of postal services.

(2) Publication under this section shall be in such form and manner as the Commission considers appropriate.

(3) So far as practicable the Commission shall secure the exclusion of any matter relating to the affairs of a person if the Commission considers that its publication would or might seriously and prejudicially affect the person’s interests.

(4) Subsection (3) does not apply if—

(a) the person concerned consents to publication of the matter, or

(b) the Commission considers that publication of the matter would be in the public interest.

47 Power of the Commission to require information. U.K.

(1) The Commission may, for any relevant purpose, serve notice on any person requiring him—

(a) to produce any documents which are specified or described in the notice and are in that person’s custody or under his control, and

(b) to produce them at a time and place so specified and to a person so specified.

(2) The Commission may, for any relevant purpose, serve notice on any person who carries on any business requiring him—

(a) to supply to the Commission such information as may be specified or described in the notice, and

(b) to supply it at a time and place and in a form and manner so specified and to a person so specified.

(3) The person to whom any document is produced in accordance with a notice under this section may, for any relevant purpose, copy the document so produced.

(4) No person shall be required under this section—

(a) to produce any documents which he could not be compelled to produce in civil proceedings before the court, or

(b) to supply any information which he could not be compelled to supply in evidence in such proceedings.

(5) Any reference in this section to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form.

(6) In this section—

• “the court”—

  (a)

  in relation to England and Wales or Northern Ireland, means the High Court, and

  (b)

  in relation to Scotland, means the Court of Session,

• “relevant purpose” means any purpose connected with—

  (a)

  the investigation of an offence under section 6 or any proceedings for such an offence, or

  (b)

  the exercise of the Commission’s functions under section 22, 23, 24, 30, 42 or 44(4) or (5).

Commencement Information

I6 S. 47 wholly in force; s. 47 not in force at Royal Assent see s. 130; s. 47 in force for specified purposes at 6.11.2000, for further specified purposes at 1.1.2001 and in force insofar as not already in force at 26.3.2001 by S.I. 2000/2957, art. 2(1)-(3), Schs. 1, 2, 3 (with transitional provisions in arts. 3-8)

48 Information powers: enforcement. U.K.

(1) A person commits an offence if, without reasonable excuse, he fails to do anything required of him by a notice under section 47.

(2) A person commits an offence if he intentionally obstructs or delays any person in the exercise of his powers under section 47(3).

(3) A person who commits an offence under subsection (1) or (2) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) A person commits an offence if he—

(a) intentionally alters, suppresses or destroys any document which he has been required to produce by a notice under section 47, or

(b) in supplying any information required of him by a notice under section 47, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular.

(5) A person who commits an offence under subsection (4) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to a fine.

(6) If a person makes default in complying with a notice under section 47, the court may, on the application of the Commission, make such order as the court considers appropriate for requiring the default to be made good.

(7) Any such order may, in particular, provide that all the costs or expenses of and incidental to the application shall be borne—

(a) by the person in default, or

(b) if officers of a company or other association are responsible for its default, by those officers.

(8) The reference in this section to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

(9) In this section “the court”—

(a) in relation to England and Wales or Northern Ireland, means the High Court, and

(b) in relation to Scotland, means the Court of Session.

49 Powers of entry and seizure. U.K.

(1) Subsection (2) applies where, on an application made by a constable or the Commission, a justice of the peace or, in Scotland, a sheriff is satisfied that there are reasonable grounds for suspecting—

(a) that a person has committed an offence under section 6 (“the suspect”), and

(b) that articles or documents of a particular description which are required for the purposes of an investigation of the offence are on particular premises.

(2) The justice or sheriff may issue a warrant authorising a person appointed by him (“the appointed person”) to enter the premises concerned, search for the articles or documents and, subject to subsection (3), seize and remove any that he may find.

(3) A warrant issued under subsection (2) shall not authorise the seizure and removal of any postal packet, mail-bag or document to which section 104(2) applies; but any such warrant may authorise the appointed person to take copies of the cover of any such packet, bag or document that he finds.

(4) The appointed person, in the exercise of his powers under a warrant issued under this section, may if necessary use reasonable force.

(5) The appointed person, in seeking to enter any premises in the exercise of his powers under the warrant, shall, if required by or on behalf of the owner or occupier or person in charge of the premises, produce evidence of his identity, and of the warrant, before entering.

(6) Any articles or documents which have been seized and removed under a warrant issued under this section may be retained until the conclusion of proceedings against the suspect.

(7) For the purposes of this section, proceedings in relation to a suspect are concluded if—

(a) he is found guilty and sentenced or otherwise dealt with for the offence,

(b) he is acquitted,

(c) proceedings for the offence are discontinued, or

(d) it is decided not to prosecute him.

(8) In this section “premises” includes any vehicle, ship or aircraft.

50 Codes of practice. U.K.

(1) The Commission shall prepare, and may revise, a code of practice governing the discharge by it of its functions.

(2) The Commission shall, in exercising its functions, have regard to the provisions of the code.

(3) In preparing or revising the code, the Commission shall consult—

(a) the Secretary of State,

(b) the Council,

(c) any universal service provider,

(d) any licence holder under Part II who is not a universal service provider, and

(e) such other persons as the Commission considers appropriate.

(4) The Commission shall publish in such manner as it considers appropriate the code as for the time being in force.

The Council U.K.

51 Relevant postal issues. U.K.

In this section and sections 52 to 57—

• “relevant postal issues” means the interests of users of relevant postal services in the United Kingdom and matters affecting those interests,

• “relevant postal services” means any postal services provided in connection with the provision of a universal postal service and any other postal services which are provided, or authorised or required to be provided, by a licence holder under Part II in accordance with a licence under that Part,

and, for this purpose, services are provided in accordance with a licence if the licence authorises or requires them to be provided by the licence holder.

52 Provision of advice and information to public authorities and licence holders. U.K.

(1) The Council shall—

(a) provide advice and information,

(b) represent the views of users of relevant postal services, and

(c) make proposals,

about relevant postal issues to any person mentioned in subsection (2).

(2) Those persons are—

(a) the Secretary of State, the Commission, the Competition Commission and any other public authority,

(b) any universal service provider,

(c) any licence holder under Part II who is not a universal service provider, and

(d) any other person whose activities may affect the interests of users of relevant postal services.

(3) So far as practicable the Council shall secure that no information relating to the affairs of a person is disclosed under this section to a person mentioned in subsection (2)(b) to (d) if the Council considers that its disclosure would or might seriously and prejudicially affect the interests of the person to whom it relates.

(4) Subsection (3) does not apply to any disclosure of information to which the person to whom the information relates consents.

53 Publication of information to users. U.K.

(1) The Council shall make available to users of relevant postal services such information as it considers expedient to give to such users about—

(a) relevant postal services,

(b) relevant postal issues, and

(c) itself and its functions.

(2) The Council may perform its function under subsection (1) by—

(a) publishing information in such form and manner as the Council considers appropriate, or

(b) furnishing any such information to any user of relevant postal services (whether in response to a request or otherwise).

(3) So far as practicable the Council shall secure that no information relating to the affairs of a person is disclosed under this section if the Council considers that its disclosure would or might seriously and prejudicially affect the interests of the person to whom it relates.

(4) Subsection (3) does not apply to any disclosure of information to which the person to whom the information relates consents.

54 Exercise of functions: general. U.K.

(1) The Council shall, in exercising its functions in relation to relevant postal services, have regard to the interests of different users of relevant postal services (including, in particular, the interests of users in different areas).

(2) The Council shall, in exercising its functions, have regard to the interests of—

(a) individuals who are disabled or chronically sick,

(b) individuals of pensionable age,

(c) individuals with low incomes, and

(d) individuals residing in rural areas,

but that is not to be taken as implying that regard may not be had to the interests of other descriptions of persons.

(3) So far as the Council considers it practicable to do so with a view to facilitating the exercise of its functions, it shall collect and keep under review information about—

(a) the provision (in the United Kingdom and elsewhere) of postal services, and

(b) the interests and views of users of postal services in the United Kingdom and matters affecting those interests and views.

(4) As part of the arrangements it makes for exercising its functions, the Council—

(a) shall establish—

(i) a committee for Scotland,

(ii) a committee for Wales, and

(iii) a committee for Northern Ireland,

(b) may establish other committees for any areas within Scotland, Wales or Northern Ireland, and

(c) shall establish at least one committee, and may establish other committees, in relation to England (whether a committee for England or a committee for an area within England).

(5) The purposes of a committee established under subsection (4) (in this Act referred to as a “regional committee”) shall be—

(a) the provision of advice and information to the Council about relevant postal issues affecting the area for which it is established, and

(b) such other purposes as the Council may determine.

(6) The Council shall maintain in each of England, Scotland, Wales and Northern Ireland at least one office at which users of relevant postal services may apply for information.

55 Annual and other reports: the Council. U.K.

(1) The Council shall, as soon as practicable after the end of each financial year, make a report to the Secretary of State on its activities during that year (“the annual report”).

(2) The Secretary of State shall—

(a) lay a copy of each annual report before each House of Parliament, and

(b) publish the report in such manner as he considers appropriate.

(3) The Council may prepare other reports in relation to any matter falling within the scope of its functions and may publish any such report in such manner as it considers appropriate.

(4) A report under this section shall contain such information as may be specified in any direction given to the Council by the Secretary of State.

(5) So far as practicable the Council shall secure the exclusion from any report under this section of any matter relating to the affairs of a person if the Council considers that its inclusion would or might seriously and prejudicially affect the person’s interests.

(6) Subsection (5) does not apply if the person concerned consents to inclusion of the matter in the report.

56 Complaints referred to the Council. U.K.

(1) Where a matter which relates to the provision of relevant postal services is referred to the Council by or on behalf of a user of such services and—

(a) the matter has previously been the subject of a complaint to the person providing the service concerned,

(b) the complaint has not been satisfactorily resolved, and

(c) the matter does not appear to the Council to be of a frivolous or vexatious nature,

the Council shall investigate the matter as it considers appropriate.

(2) Where, as the result of any such investigation, the Council considers that—

(a) a condition of a licence under Part II may have been contravened,

(b) the matter referred, or any other matter, is a referable matter, or

(c) it is appropriate to do so,

it shall, as soon as practicable, refer the matter concerned to the Commission for its consideration.

(3) The Council and the Commission shall from time to time agree the descriptions of matters which are to be referred to the Commission and, for the purposes of subsection (2)(b), a matter is a “referable matter” if it is of a description for the time being so agreed.

57 Power of the Council to investigate other matters. U.K.

(1) The Council may investigate—

(a) any matter (not being a matter which it is under a duty to investigate under section 56) which it considers to be a matter relating to the interests of users of relevant postal services, and

(b) any matter relating to the number and location of public post offices.

(2) The Council may send a report on any matter investigated under this section to—

(a) the Commission,

(b) the Secretary of State,

[F22 (c) the Office of Fair Trading,]

(d) any other public authority whose functions appear to the Council to be exercisable in relation to that matter.

(3) Subject to subsection (4), the Council may also—

(a) send a report on any such matter to any person who appears to the Council to have an interest in the matter, and

(b) publish any such report in such manner as the Council considers appropriate.

(4) So far as practicable the Council shall secure the exclusion from any report under subsection (3) of any matter relating to the affairs of a person if the Council considers that its inclusion would or might seriously and prejudicially affect the person’s interests.

(5) Subsection (4) does not apply if the person concerned consents to inclusion of the matter in the report.

Textual Amendments

F22 S. 57(2)(c) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 42(6); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

58 Power of the Council to require information. U.K.

(1) The Council may serve notice on any person mentioned in subsection (2) requiring him—

(a) to supply to the Council such information specified or described in the notice as the Council may reasonably require in the exercise of its functions, and

(b) to supply it at a time and place and in a form and manner so specified and to a person so specified.

(2) The persons on whom a notice under subsection (1) may be served are—

(a) the Commission,

(b) a universal service provider,

(c) any licence holder under Part II who is not a universal service provider.

(3) In deciding whether to serve a notice under this section and the contents of any such notice, the Council shall have regard to the desirability of minimising the costs of, and any other detriment to, the person on whom the notice may be, or is to be, served.

(4) Subject to subsections (5) to (7), a person on whom a notice is served under this section shall comply with the notice.

(5) The Commission may refuse to supply information required from it by a notice under this section if subsection (7) applies.

(6) A person falling within subsection (2)(b) or (c) may refuse to supply information required from him by a notice under this section if the Commission determines that he need not comply with the notice; and the Commission may so determine if subsection (7) applies.

(7) This subsection applies if the Commission considers that—

(a) the information concerned is not reasonably required by the Council in the exercise of its functions,

(b) the information concerned is of a description specified in an order made by the Secretary of State, or

(c) any other circumstances so specified apply.

(8) The Commission shall, if required by the Council to do so, give a statement to the Council of its reasons for—

(a) a refusal to supply information under this section,

(b) a determination under subsection (6),

and the Council may publish that statement in such manner as it considers appropriate.

(9) No person shall be required under this section—

(a) to produce any documents which he could not be compelled to produce in civil proceedings before the court, or

(b) to supply any information which he could not be compelled to supply in evidence in such proceedings.

(10) If a person makes default in complying with a notice under this section, the court may, on the application of the Council, make such order as the court considers appropriate for requiring the default to be made good.

(11) Any such order may, in particular, provide that all the costs or expenses of and incidental to the application shall be borne—

(a) by the person in default, or

(b) if officers of a company or other association are responsible for its default, by those officers.

(12) In this section, “the court”—

(a) in relation to England and Wales or Northern Ireland, means the High Court, and

(b) in relation to Scotland, means the Court of Session.

The Commission and the Council U.K.

59 Provision of information by the Council to the Commission. U.K.

(1) The Council shall, as soon as practicable after being required to do so by the Commission, provide to the Commission such information relating to the exercise of the Commission’s functions as the Commission may require.

(2) The Secretary of State may by order specify—

(a) descriptions of information which the Council may refuse to provide under this section, and

(b) circumstances in which the Council may refuse to provide information under this section.

(3) Where the Council refuses to provide any information under this section, it shall give notice to the Commission of the reason for its refusal and the Commission may publish that notice in such manner as it considers appropriate.

Commencement Information

I7 S. 59 wholly in force; s. 59 not in force at Royal Assent see s. 130; s. 59(2) in force at 6.11.2000 and s. 59 in force insofar as not already in force at 1.1.2001 by S.I. 2000/2957, art. 2(1)(2), Sch. 1, Sch. 2 (with transitional provisions in arts. 3-8)

60 Memorandum of understanding. U.K.

(1) The Commission and the Council shall make arrangements with a view to securing—

(a) co-operation and the exchange of information between them, and

(b) consistent treatment of matters which affect both of them.

(2) As soon as practicable after agreement is reached on those arrangements, the Commission and the Council shall prepare a memorandum setting them out and send a copy of it to the Secretary of State.

(3) Arrangements under this section shall be kept under review by the Commission and the Council.

(4) As soon as practicable after agreement is reached on any changes to those arrangements, the Commission and the Council shall revise their memorandum and send a copy of the revised memorandum to the Secretary of State.

(5) The Secretary of State shall lay before each House of Parliament a copy of any document received by him under this section.

61 Forward work programmes. U.K.

(1) The Commission and the Council shall, before each financial year, each publish a document (“the forward work programme”) containing a general description of the projects, other than those comprising routine activities in the exercise of its functions, which it plans to undertake during the year.

(2) That description shall, in particular, include—

(a) the objectives of each project, and

(b) an estimate of the overall expenditure which the Commission or the Council expects to incur during the year in undertaking the projects.

(3) Before publishing the forward work programme for any year, the Commission or the Council shall—

(a) give notice of the draft forward work programme, and

(b) consider any representations made in accordance with the notice and not withdrawn.

(4) The notice shall—

(a) contain a draft of the forward work programme, and

(b) specify the period within which representations may be made about the proposals contained in it.

(5) A notice under this section shall be given by—

(a) serving a copy of the notice on the Secretary of State, and the Council or (as the case may be) the Commission, and

(b) publishing the notice in such manner as the Commission or (as the case may be) the Council considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.

Part IV U.K. Reorganisation of the Post Office

Transfer of property etc. U.K.

62 Transfer of property etc. to nominated company. U.K.

(1) On such day as the Secretary of State may by order appoint, all the property, rights and liabilities to which the Post Office was entitled or subject immediately before that day shall become by virtue of this section property, rights and liabilities of a company nominated for the purposes of this section by order of the Secretary of State.

(2) The Secretary of State may nominate for the purposes of this section any company formed and registered under the M11 Companies Act 1985, subject to subsections (3) and (4).

(3) The Secretary of State shall consult the Post Office before nominating a company for the purposes of this section.

(4) On the appointed day the company concerned must be a company limited by shares which is wholly owned by the Crown.

(5) An order made under this section may be varied or revoked by a subsequent order at any time before any property, rights or liabilities of the Post Office vest in a company by virtue of this section.

(6) Schedule 3 (which makes supplementary provision) shall have effect.

(7) For the purposes of this Part a company shall be treated as wholly owned by the Crown at any time when each of the issued shares of the company is held by, or by a nominee of, the Treasury or the Secretary of State.

(8) In this Part—

• “the appointed day” means the day appointed under this section, and

• “the Post Office company” means the company nominated for the purposes of this section.

Subordinate Legislation Made

P1 S. 62 power exercised (5.1.2001) by S.I. 2001/8, art. 3

Modifications etc. (not altering text)

C2 S. 62(8) extended (26.3.2001) by S.I. 2001/1149, art. 5

Marginal Citations

M11 1985 c. 6.

The Post Office company etc: government holdings U.K.

63 Government holding in the Post Office company and certain subsidiaries. U.K.

(1) The Post Office company or any of its wholly owned subsidiaries shall issue such securities of the company or subsidiary concerned as the Secretary of State may direct.

(2) Subject to subsections (3) and (4), any such securities shall, as the Secretary of State may direct, be issued to the Treasury or the Secretary of State.

(3) If the Secretary of State gives a direction under subsection (1) for the purpose of requiring an issue of shares or share rights for which prior approval has been given in accordance with section 67, the shares or share rights concerned shall be issued to the person approved for that purpose in accordance with that section.

(4) If the Secretary of State gives a direction under subsection (1) for the purpose of requiring a relevant subsidiary to issue shares or share rights in it to the Post Office company or to another relevant subsidiary of which it is a subsidiary, the shares or share rights concerned shall be issued to the Post Office company or (as the case may be) to the other relevant subsidiary.

(5) The Secretary of State shall not give a direction under this section without the consent of the Treasury or at a time when the Post Office company is not wholly owned by the Crown.

(6) Securities to be issued in pursuance of this section shall be issued at such time or times, and (subject to subsection (7)) on such terms, as the Secretary of State may direct.

(7) Any shares issued in pursuance of this section—

(a) shall be of such nominal value as the Secretary of State may direct, and

(b) shall be issued as fully paid and treated for the purposes of the M12 Companies Act 1985 or the M13 Companies (Northern Ireland) Order 1986 as if they had been paid up by virtue of payment of their nominal value in cash.

(8) In this Part “relevant subsidiary” means any subsidiary of the Post Office company which—

(a) delivers relevant postal packets in the United Kingdom,

(b) collects relevant postal packets from access points in the United Kingdom,

(c) receives, sorts or conveys relevant postal packets in the United Kingdom, or

(d) provides a registered post service in the United Kingdom,

and any other subsidiary of the Post Office company which holds shares or share rights in, or is connected to, any such subsidiary.

(9) For the purposes of subsection (8), a subsidiary of the Post Office company is connected to another such subsidiary which falls within any of paragraphs (a) to (d) of that subsection (“the operating subsidiary”) if it forms part of a chain of subsidiaries of the Post Office company which leads to the operating subsidiary and which is identified by the fact that each member of the chain holds shares or share rights in the next subsidiary in the chain.

(10) In subsection (8) “access point” and “relevant postal packets” have the same meaning as in section 4.

Marginal Citations

M12 1985 c. 6.

M13 S.I. 1986/1032 (N.I. 6).

64 Government investment in securities of the Post Office company and its subsidiaries. U.K.

(1) The Treasury or, with the consent of the Treasury, the Secretary of State may at any time acquire securities of the Post Office company or of any of its subsidiaries.

(2) The Secretary of State shall not, without the consent of the Treasury, dispose of any securities acquired by him in pursuance of this section.

(3) Subsection (2) does not apply to any disposal which is excepted from subsection (1) or (2) of section 66 by virtue of subsection (3) or (5) of that section.

The Post Office company etc: restrictions on dealings U.K.

65 Restriction on issue of shares to third parties. U.K.

(1) No shares or share rights in the Post Office company shall be issued on or after the appointed day unless—

(a) they are issued to the Treasury, the Secretary of State or any nominee of either of them, or

(b) the issue is one for which prior approval has been given in accordance with section 67.

(2) No shares or share rights in any relevant subsidiary of the Post Office company shall be issued on or after the appointed day unless—

(a) they are issued to the Treasury, the Secretary of State or any nominee of either of them,

(b) they are issued to the Post Office company or any other relevant subsidiary of which the relevant subsidiary concerned is a subsidiary or any nominee of the Post Office company or of the other relevant subsidiary, or

(c) the issue is one for which prior approval has been given in accordance with section 67.

66 Restriction on disposals of shares to third parties. U.K.

(1) Neither the Treasury nor the Secretary of State nor any nominee of either of them shall, on or after the appointed day, dispose of any of the issued shares or any share rights in the Post Office company or any relevant subsidiary which are held by him.

(2) Neither the Post Office company nor any subsidiary of that company nor any nominee of the company or subsidiary shall, on or after the appointed day, dispose of any of the issued shares or any share rights in a relevant subsidiary which are held by the company, subsidiary or nominee concerned.

(3) Subsection (1) does not apply in relation to any disposal by the Treasury, the Secretary of State or a nominee of either of them to any other person falling within this subsection.

(4) Subsection (2) does not apply in relation to any disposal by the Post Office company, any subsidiary of that company or any nominee of the company or subsidiary to any other person falling within this subsection.

(5) Subsections (1) and (2) do not apply in relation to any disposal for which prior approval has been given in accordance with section 67.

67 Approved disposals. U.K.

(1) Prior approval is given in accordance with this section if the proposed issue or disposal is approved by a resolution of each House of Parliament passed on a motion moved by or on behalf of the Secretary of State.

(2) The motion shall, in particular, specify—

(a) the size and nature of the proposed issue or disposal,

(b) the person to whom the proposed issue or disposal is to be made, and

(c) the purpose of the proposed issue or disposal.

(3) No such motion shall be moved by or on behalf of the Secretary of State in relation to a proposed issue or disposal of shares or share rights in the Post Office company unless—

(a) the Post Office company has agreed to be a party to a joint venture, or another arrangement for working together with another person, which the Post Office company considers to be in its commercial interests,

(b) the arrangement includes the proposed issue or disposal,

(c) the Post Office company has recommended to the Secretary of State that the proposed issue or disposal take place,

(d) the Secretary of State is satisfied that the proposed issue or disposal is for the purpose of securing the arrangement in question and that the arrangement is in the commercial interests of the Post Office company, and

(e) the Treasury have given their consent to the proposed issue or disposal.

(4) No such motion shall be moved by or on behalf of the Secretary of State in relation to a proposed issue or disposal of shares or share rights in a relevant subsidiary unless—

(a) the Post Office company or the relevant subsidiary has agreed to be a party to a joint venture, or another arrangement for working together with another person, which the Post Office company considers to be in the commercial interests of the Post Office company,

(b) the arrangement includes the proposed issue or disposal,

(c) the Post Office company has recommended to the Secretary of State that the proposed issue or disposal take place,

(d) the Secretary of State is satisfied that the proposed issue or disposal is for the purposes of securing the arrangement in question and that the arrangement is in the commercial interests of the Post Office company, and

(e) the Treasury have given their consent to the proposed issue or disposal.

Financial provisions U.K.

68 Loans by the Secretary of State to the Post Office company and its subsidiaries. U.K.

(1) The Secretary of State may, on or after the appointed day and with the approval of the Treasury, make loans to the Post Office company or any of its subsidiaries.

(2) Interest shall be paid on loans made by the Secretary of State under this section at such rates as the Secretary of State may, with the approval of the Treasury, direct.

(3) Subject to that, the loans shall be on such terms as may be—

(a) agreed between the Secretary of State and the company to which the loan is made, and

(b) approved by the Treasury.

(4) The terms shall, in particular, include provision as to the times and methods of payment of the principal and interest.

(5) The power of the Secretary of State to make loans under this section includes power to make loans in currencies other than sterling.

(6) The Treasury may issue out of the National Loans Fund to the Secretary of State such sums as are necessary to enable him to make loans under this section.

(7) Such sums may be issued in sterling or, where the loan is to be in a currency other than sterling, in that currency or in sterling.

(8) Any sums received by the Secretary of State by way of repayment of, or interest on, a loan made by him under this section shall be paid into the National Loans Fund.

69 Guarantees by the Secretary of State for the Post Office company and its subsidiaries. U.K.

(1) The Secretary of State may, on or after the appointed day and in such manner and on such conditions as he considers appropriate, guarantee the discharge of any financial obligation of the Post Office company or any of its subsidiaries.

(2) As soon as practicable after giving a guarantee under subsection (1), the Secretary of State shall lay a statement of the guarantee before each House of Parliament.

(3) If any sums are paid by the Secretary of State in fulfilment of a guarantee given under subsection (1), the Post Office company or the subsidiary concerned shall make to the Secretary of State, at such times and in such manner as the Secretary of State may direct—

(a) payments, of such amounts as the Secretary of State may direct, in or towards repayment of the sums paid by the Secretary of State, and

(b) payments of interest on what is outstanding in respect of the sums paid by the Secretary of State, at such rate as the Secretary of State may direct.

(4) If any sums are paid by the Secretary of State in fulfilment of a guarantee given under subsection (1), the Secretary of State shall—

(a) lay a statement relating to the sums before each House of Parliament as soon as practicable after the end of the financial year in which the sums were paid, and

(b) lay a statement before each House of Parliament as soon as practicable after the end of any subsequent financial year in which there is an outstanding liability in relation to the obligation which is the subject of the guarantee.

(5) Any statement under subsection (4) shall include a statement of—

(a) any amounts received by the Secretary of State during the financial year concerned in or towards repayment of, or as interest in respect of, sums paid by him in fulfilment of any guarantee given under subsection (1), and

(b) any amounts outstanding at the end of that year in respect of sums so paid by the Secretary of State.

70 Extinguishment of certain liabilities. U.K.

(1) The Secretary of State may, on or after the appointed day, by order extinguish all or any of the liabilities of the Post Office company or of any of its subsidiaries in respect of—

(a) such sums paid by the Treasury, in fulfilment of guarantees given under section 38 of the M14 Post Office Act 1969, as may be specified in the order, or

(b) such sums paid by the Secretary of State, in fulfilment of guarantees given under section 69 of this Act, as may be specified in the order.

(2) The Secretary of State may, on or after the appointed day, by order extinguish such liabilities to him of the Post Office company or of any of its subsidiaries as may be specified in the order; but the order shall not specify liabilities which—

(a) may be extinguished under subsection (1), or

(b) relate to taxes, duties or fines.

(3) Before exercising any power under subsection (1) or (2) in relation to liabilities of the Post Office company, the Secretary of State shall consult that company.

(4) Before exercising any power under subsection (1) or (2) in relation to liabilities of a subsidiary of the Post Office company, the Secretary of State shall consult the Post Office company and the subsidiary.

(5) The Secretary of State may by order repeal this section.

(6) The Secretary of State shall not exercise any power conferred on him by subsection (1), (2) or (5) without the consent of the Treasury.

Marginal Citations

M14 1969 c. 48.

71 Limit on loans and other arrangements with government. U.K.

(1) The Secretary of State and the Treasury shall exercise their powers under or by virtue of this Act so as to ensure that, on and after the appointed day, the Crown’s financial arrangements with the Post Office company and any of its subsidiaries do not at any time exceed £5,000 million or such greater sum as the Secretary of State may by order specify.

(2) For the purposes of subsection (1) the Crown’s financial arrangements with the Post Office company and any of its subsidiaries are the aggregate of—

(a) amounts outstanding in respect of the principal of loans made under section 37 of the M15 Post Office Act 1969,

(b) amounts outstanding (otherwise than by way of interest) in respect of sums paid by the Treasury in fulfilment of guarantees given under section 38 of that Act,

(c) amounts outstanding in respect of the principal of loans made under section 68 of this Act,

(d) amounts outstanding (otherwise than by way of interest) in respect of sums paid by the Secretary of State in fulfilment of guarantees given under section 69 of this Act,

(e) amounts outstanding in respect of the principal of debt securities issued in pursuance of section 63 of this Act, and

(f) liabilities extinguished under section 70 of this Act so far as they are not replaced with corresponding liabilities.

(3) No order shall be made under subsection (1) unless a draft of it has been approved by a resolution of the House of Commons.

(4) For the purposes of this section equivalents in sterling shall be calculated as the Secretary of State considers appropriate.

Marginal Citations

M15 1969 c. 48.

72 Reserves of the Post Office company and its subsidiaries. U.K.

(1) The Secretary of State may, on or after the appointed day, give directions to the Post Office company—

(a) requiring it to allocate to a reserve generally, or to a reserve for a particular purpose, or to cause any of its subsidiaries so to allocate to a reserve, either a specified amount or such amount as the Post Office company considers appropriate,

(b) requiring it to re-allocate for a specified purpose, or to cause any of its subsidiaries so to re-allocate, the whole or any part of any amount previously allocated by the Post Office company or (as the case may be) subsidiary to a reserve for some other purpose, or

(c) with respect to the application by the Post Office company or any of its subsidiaries of amounts allocated to a reserve in accordance with a direction under this section.

(2) Directions requiring the allocation of any amount to a reserve may provide for it to be so allocated either at a specified time or during the course of a specified period.

(3) Directions under subsection (1)(c) may, in particular, require amounts allocated to a reserve in accordance with a direction under this section to be applied as if they were profits available for distribution within the meaning of section 263(1) of the M16 Companies Act 1985 or Article 271(1) of the M17 Companies (Northern Ireland) Order 1986 (distributions to be made out of profits).

(4) Despite subsection (3), no part of a reserve to which amounts have been allocated in accordance with this section shall count as an undistributable reserve of the company concerned for the purposes of section 264(3)(d) of the Act of 1985 or Article 272(3)(d) of the Order of 1986 (restriction on distribution of assets).

(5) For the purpose of determining under section 264 of the Act of 1985 or Article 272 of the Order of 1986 whether the company concerned may make a distribution at any time, any amount for the time being standing to the credit of the reserve concerned (excluding any amount which by virtue of subsection (3) above is authorised to be, but has not yet been, applied as if it were profits available for distribution) shall be treated for the purposes of section 264(3)(c) of the Act of 1985 or Article 272(3)(c) of the Order of 1986 as if it were unrealised profits of the company.

(6) The Secretary of State shall consult the Post Office company before giving a direction under this section.

(7) No direction shall be given under this section without the consent of the Treasury.

Marginal Citations

M16 1985 c. 6.

M17 S.I. 1986/1032 (N.I. 6).

73 Statutory accounts of the Post Office company. U.K.

(1) For the purposes of any statutory accounts of the Post Office company—

(a) the transfer effected by virtue of section 62 shall be taken to have been a transfer of all the property, rights and liabilities to which the Post Office was entitled or subject immediately before the end of the last accounting year of the Post Office ending before the appointed day and to have been effected immediately after the end of that year, and

(b) the value or amount (as at the time of transfer) of any asset or liability of the Post Office taken to have been transferred to the Post Office company by virtue of paragraph (a) shall be taken to be the value or (as the case may be) the amount assigned to that asset or liability for the purposes of the corresponding statement of accounts prepared by the Post Office in relation to that year.

(2) For the purposes of any statutory accounts of the Post Office company the amount to be included in respect of any item shall be determined as if anything done by the Post Office (whether by way of acquiring, revaluing or disposing of any asset or incurring, revaluing or discharging any liability, or by carrying any amount to any provision or reserve, or otherwise) had been done by the Post Office company.

(3) Accordingly (but without prejudice to the generality of subsection (2))—

(a) the amount to be included from time to time in any reserves of the Post Office company as representing its accumulated realised profits shall be determined as if any profits realised and retained by the Post Office had been realised and retained by the Post Office company, and

(b) the amount to be included from time to time in any statutory accounts of the Post Office company as representing its accumulated realised losses shall be determined as if any losses realised by the Post Office had been realised by the Post Office company.

(4) In this section “statutory accounts”, in relation to the Post Office company, means any accounts of that company prepared for the purposes of any provision of the M18 Companies Act 1985 (including group accounts).

Marginal Citations

M18 1985 c. 6.

74 Further provisions relating to the capital structure of the Post Office company. U.K.

(1) If the Secretary of State so directs, the Post Office company shall be taken to have assumed a debt to the Secretary of State of such amount as may be specified in the direction.

(2) The terms of any such debt, including the terms as to the payment of interest and repayment, shall be such as the Secretary of State may from time to time determine.

(3) The Post Office company shall issue such debt securities of the company as the Secretary of State may direct; and any such securities shall, as the Secretary of State may direct, be issued to the Treasury or the Secretary of State.

(4) Debt securities to be issued in pursuance of subsection (3) shall be issued at such time or times, and on such terms, as the Secretary of State may direct.

(5) Subsections (3) and (4) are without prejudice to any power conferred by section 63.

(6) The Secretary of State may by order repeal this section.

(7) The Secretary of State—

(a) shall not exercise any power under this section without the consent of the Treasury or before the appointed day, and

(b) shall, before exercising any such power (other than the power under subsection (6)), consult the Post Office company.

(8) In this Part “debt securities” means any instrument creating or acknowledging indebtedness which is issued by a company including, in particular, debentures, loan stock, bonds and certificates of deposit.

Modifications etc. (not altering text)

C3 S. 74(8) extended (24.6.2003) by The Uncertificated Securities (Amendment) (Eligible Debt Securities) Regulations 2003 (S.I. 2003/1633), reg. 1(1), Sch. 2 para. 8(2)(i)

Dissolution of the Post Office U.K.

75 Dissolution of the Post Office. U.K.

(1) The Post Office shall continue in existence after the appointed day until it is dissolved in accordance with this section.

(2) The Secretary of State may by order, after consulting the Post Office and the Post Office company, dissolve the Post Office on a day specified in the order.

(3) No order shall be made under subsection (2) unless the Secretary of State is satisfied that nothing further remains to be done by the Post Office under paragraph 9 of Schedule 3 or an order made under this Act.

Supplementary provisions U.K.

76 Accounts of the Secretary of State in relation to loans. U.K.

(1) The Secretary of State shall, in respect of each financial year, prepare in such form and manner as the Treasury may direct, an account of—

(a) sums issued to him under section 68(6),

(b) sums received by him as mentioned in section 68(8), and

(c) the disposal by him of the sums mentioned in paragraphs (a) and (b).

(2) The Secretary of State shall send the account to the Comptroller and Auditor General not later than the end of the month of November in the following financial year.

(3) The Comptroller and Auditor General shall—

(a) examine, certify and report on the account, and

(b) lay copies of it, together with his report, before each House of Parliament.

Modifications etc. (not altering text)

C4 S. 76 modified (22.3.2001) by S.I. 2001/1148, art. 25 (with art. 34)

77 Publicity requirements for certain accounts and reports of the Post Office company. U.K.

(1) The Post Office company shall send to the Secretary of State—

(a) a copy of all annual accounts of the company on which the company’s auditors have made a report under section 235 of the M19 Companies Act 1985, and

(b) a copy of the auditor’s report,

as soon as practicable after the report has been made.

(2) The Post Office company shall send to the Secretary of State a copy of the report prepared by its directors under section 234 of the M20 Companies Act 1985 in relation to any year which includes the appointed day or any subsequent year as soon as practicable after the report has been approved and signed under section 234A of that Act.

(3) The Secretary of State shall lay a copy of the accounts and reports received by him under this section before each House of Parliament.

(4) In this section “annual accounts” means annual accounts (within the meaning of Part VII of the M21 Companies Act 1985) which relate to any year which includes the appointed day or to any subsequent year.

Marginal Citations

M19 1985 c. 6.

M20 1985 c. 6.

M21 1985 c. 6.

78 Information requirements on the Post Office company. U.K.

(1) The Treasury may, on or after the appointed day, serve notice on the Post Office company—

(a) requiring it to supply to the Treasury such information—

(i) as the Treasury may reasonably require for the performance of their functions in relation to public sector finance, and

(ii) as may be specified or described in the notice, and

(b) specifying the time, place, manner and form in which any such information is to be supplied and the person to whom it is to be supplied.

(2) If a person makes default in complying with a notice under subsection (1), the court may, on the application of the Treasury, make such order as the court considers appropriate for requiring the default to be made good.

(3) Any such order may, in particular, provide that all the costs or expenses of and incidental to the application shall be borne—

(a) by the person in default, or

(b) if officers of a company are responsible for its default, by those officers.

(4) In this section “the court”—

(a) in relation to England and Wales or Northern Ireland, means the High Court, and

(b) in relation to Scotland, means the Court of Session.

79 Exercise of functions through nominees. U.K.

(1) The Treasury or, with the consent of the Treasury, the Secretary of State may for the purposes of sections 63, 64 or 74(3) and (4) appoint a person to act as the nominee, or one of the nominees, of the Treasury or the Secretary of State.

(2) In accordance with directions given by the Treasury or, with the consent of the Treasury, the Secretary of State—

(a) securities may be issued in pursuance of section 63 or 74(3) and (4) to a nominee of the Treasury or the Secretary of State appointed for the purposes of that section, and

(b) a nominee of the Treasury or the Secretary of State appointed for the purposes of section 64 may acquire securities in pursuance of that section.

(3) A person holding any securities or rights as a nominee of the Treasury or the Secretary of State by virtue of this section shall hold and deal with them (or any of them) on such terms and in such manner as the Treasury or, with the consent of the Treasury, the Secretary of State may direct.

80 Shadow directors. U.K.

(1) For the purposes of the provisions of the M22 Companies Act 1985 listed in subsection (2) neither the Treasury nor the Secretary of State shall be regarded as a shadow director of the Post Office company.

(2) The provisions are—

(a) section 288 (register of directors),

(b) section 305 (directors’ names on correspondence etc),

(c) section 317 (disclosure of interests in contracts),

(d) section 320 (transactions involving directors),

(e) section 323 (prohibition on dealing in share options),

(f) section 324 (disclosure of shareholdings),

(g) section 325 (register of directors’ interests), and

(h) section 330 (restriction on loans).

Marginal Citations

M22 1985 c. 6.

81 Tax. U.K.

Schedule 4 (taxation provisions in relation to the transfer to the Post Office company) shall have effect.

82 Interpretation: Part IV. U.K.

(1) In this Part—

• “the appointed day” has the meaning given by section 62(8),

• “debenture” includes debenture stock,

• “debt securities” has the meaning given by section 74(8),

• “the Post Office company” has the meaning given by section 62(8),

• “relevant subsidiary” has the meaning given by section 63(8),

• “securities”, in relation to a company, includes shares, debt securities and other securities of the company, whether or not constituting a charge on the assets of the company, and the right to subscribe for, or to acquire, such securities and any other rights in connection with such securities,

• “share rights” means, in relation to any shares, rights to subscribe for, or to acquire, the shares and any other rights in connection with the shares,

• “shares” includes stock, and

• “wholly owned by the Crown” has the meaning given by section 62(7).

(2) References in this Part to property, rights and liabilities of the Post Office are references to all such property, rights and liabilities, whether or not capable of being transferred or assigned by the Post Office.

(3) It is hereby declared for the avoidance of doubt that—

(a) any reference in this Part to property of the Post Office is a reference to property of the Post Office whether situated in the United Kingdom or elsewhere, and

(b) any reference in this Part to rights or liabilities of the Post Office is a reference to rights to which the Post Office is entitled, or (as the case may be) liabilities to which it is subject, whether under the law of the United Kingdom or of any part of the United Kingdom or under the law of any country or territory outside the United Kingdom.

Part V U.K. Offences in relation to Postal Services

Offences of interfering with the mail U.K.

83 Interfering with the mail: postal operators. U.K.

(1) A person who is engaged in the business of a postal operator commits an offence if, contrary to his duty and without reasonable excuse, he—

(a) intentionally delays or opens a postal packet in the course of its transmission by post, or

(b) intentionally opens a mail-bag.

(2) Subsection (1) does not apply to the delaying or opening of a postal packet or the opening of a mail-bag under the authority of—

(a) this Act or any other enactment (including, in particular, in pursuance of a warrant issued under any other enactment), or

(b) any directly applicable Community provision.

(3) Subsection (1) does not apply to the delaying or opening of a postal packet in accordance with any terms and conditions applicable to its transmission by post.

(4) Subsection (1) does not apply to the delaying of a postal packet as a result of industrial action in contemplation or furtherance of a trade dispute.

(5) In subsection (4) “trade dispute” has the meaning given by section 244 of the M23 Trade Union and Labour Relations (Consolidation) Act 1992 or Article 127 of the M24 Trade Union and Labour Relations (Northern Ireland) Order 1995; and the reference to industrial action shall be construed in accordance with that Act or (as the case may be) that Order.

(6) A person who commits an offence under subsection (1) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or to both,

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Commencement Information

I8 S. 83 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/878, art. 2, Sch. (subject to arts. 3-17)

Marginal Citations

M23 1992 c. 52.

M24 S.I. 1995/1980 (N.I.12).

84 Interfering with the mail: general. U.K.

(1) A person commits an offence if, without reasonable excuse, he—

(a) intentionally delays or opens a postal packet in the course of its transmission by post, or

(b) intentionally opens a mail-bag.

(2) Subsections (2) to (5) of section 83 apply to subsection (1) above as they apply to subsection (1) of that section.

(3) A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.

(4) Subsections (2) and (3) of section 83 (so far as they relate to the opening of postal packets) apply to subsection (3) above as they apply to subsection (1) of that section.

(5) A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

Commencement Information

I9 S. 84 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/878, art. 2, Sch. (subject to arts. 3-17)

Prohibition on sending certain articles by post U.K.

85 Prohibition on sending certain articles by post. U.K.

(1) A person commits an offence if he sends by post a postal packet which encloses any creature, article or thing of any kind which is likely to injure other postal packets in course of their transmission by post or any person engaged in the business of a postal operator.

(2) Subsection (1) does not apply to postal packets which enclose anything permitted (whether generally or specifically) by the postal operator concerned.

(3) A person commits an offence if he sends by post a postal packet which encloses—

(a) any indecent or obscene print, painting, photograph, lithograph, engraving, cinematograph film or other record of a picture or pictures, book, card or written communication, or

(b) any other indecent or obscene article (whether or not of a similar kind to those mentioned in paragraph (a)).

(4) A person commits an offence if he sends by post a postal packet which has on the packet, or on the cover of the packet, any words, marks or designs which are of an indecent or obscene character.

(5) A person who commits an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding twelve months or to both.

Modifications etc. (not altering text)

C5 S. 85 applied (7.3.2001) by S.I. 2001/878, art. 15 (with art. 17)

Commencement Information

I10 S. 85 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/878, art. 2, Sch. (subject to arts. 3-17)

Additional protection for universal postal service U.K.

86 Prohibition on affixing advertisements on certain letter boxes etc. U.K.

(1) A person commits an offence if, without due authority, he affixes any advertisement, document, board or thing in or on any universal postal service post office, universal postal service letter box or other property belonging to, or used by, a universal service provider in connection with the provision of a universal postal service.

(2) A person commits an offence if, without due authority, he paints or in any way disfigures any such office, box or property.

(3) A person who commits an offence under subsection (1) or (2) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) In this Act—

• “universal postal service letter box” means any box or receptacle provided by a universal service provider for the purpose of receiving postal packets, or any class of postal packets, for onwards transmission in connection with the provision of a universal postal service, and

• “universal postal service post office” includes any house, building, room, vehicle or place used for the provision of any postal services in connection with the provision of a universal postal service or a part of such a service.

Commencement Information

I11 S. 86 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/878, art. 2, Sch. (subject to arts. 3-17)

87 Prohibition on misleading descriptions. U.K.

(1) A person commits an offence if, without the authority of the universal service provider concerned, he places or maintains in or on any house, wall, door, window, box, post, pillar or other place belonging to him or under his control, any of the following words, letters or marks—

(a) the words “letter box” accompanied with words, letters or marks which signify or imply, or may reasonably lead the public to believe, that it is a universal postal service letter box, or

(b) any words, letters or marks which signify or imply or may reasonably lead the public to believe that any house, building, room, vehicle or place is a universal postal service post office, or that any box or receptacle is a universal postal service letter box.

(2) A person commits an offence if, without the authority of the universal service provider concerned, he—

(a) places or maintains in or on any ship, vehicle, aircraft or premises belonging to him or under his control, or

(b) uses in any document in relation to himself or any other person or in relation to any ship, vehicle, aircraft or premises,

any words, letters or marks which signify or imply, or may reasonably lead the public to believe, any of the things mentioned in subsection (3).

(3) The things are—

(a) that he or that other person is authorised by the universal service provider concerned to collect, receive, sort, deliver or convey postal packets in connection with the provision of a universal postal service,

(b) that the ship, vehicle, aircraft or premises are used by the universal service provider concerned for the purpose of collecting, receiving, sorting, delivering or conveying postal packets in connection with the provision of a universal postal service.

(4) A person commits an offence if, without reasonable excuse, he fails to comply with a notice given to him by the universal service provider concerned requiring him—

(a) to remove or efface any words, letters or marks which fall within subsection (1) or (2), or

(b) to remove or close up any letter box belonging to him or under his control which has ceased to be a universal postal service letter box.

(5) A person who commits an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Commencement Information

I12 S. 87 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/878, art. 2, Sch. (subject to arts. 3-17)

88 Obstruction of business of universal service providers. U.K.

(1) A person commits an offence if, without reasonable excuse, he—

(a) obstructs a person engaged in the business of a universal service provider in the execution of his duty in connection with the provision of a universal postal service, or

(b) obstructs, while in any universal postal service post office or related premises, the course of business of a universal service provider.

(2) A person who commits an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3) A person commits an offence if, without reasonable excuse, he fails to leave a universal postal service post office or related premises when required to do so by a person who—

(a) is engaged in the business of a universal service provider, and

(b) reasonably suspects him of committing an offence under subsection (1).

(4) A person who commits an offence under subsection (3)—

(a) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale, and

(b) may be removed by any person engaged in the business of a universal service provider.

(5) Any constable shall on demand remove, or assist in removing, any such person.

(6) In this section “related premises” means any premises belonging to a universal postal service post office or used together with any such post office.

Commencement Information

I13 S. 88 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/878, art. 2, Sch. (subject to arts. 3-17)

Part VI U.K. Universal Postal Service: supplementary

Schemes and limitation of liability U.K.

89 Schemes as to terms and conditions for provision of a universal postal service. U.K.

(1) A universal service provider may make a scheme under this section in relation to the services provided by him in connection with the provision of a universal postal service or any of those services.

(2) A scheme under this section is a scheme for determining any or all of the following (so far as not otherwise agreed)—

(a) the charges which are to be imposed in respect of the services concerned,

(b) the other terms and conditions which are to be applicable to the services concerned, and

(c) procedures for dealing with the complaints of persons who use the services concerned.

(3) A scheme under this section may, in particular—

(a) adopt such system for the determination of the charges and other terms and conditions as the universal service provider concerned considers appropriate (including determining them himself subject to any conditions and limitations provided for in the scheme),

(b) specify the manner in which, time and place at which and person by whom the charges are to be paid.

(4) Subject to section 92(5) and (6), no provision may be made in any scheme under this section—

(a) for limiting the liability of the universal service provider concerned for loss or damage, or

(b) for amending the rules of law relating to evidence.

(5) A scheme under this section shall come into force on such day as is specified in the scheme; but no day earlier than the day after that on which the scheme has been published in the London, Edinburgh and Belfast Gazettes shall be so specified.

(6) A scheme under this section may—

(a) make different provision for different cases or classes of case determined by, or in accordance with, the provisions of the scheme,

(b) modify any previous scheme made under this section.

(7) Any charge payable by virtue of this section may be recovered by the universal service provider concerned and in England and Wales and Northern Ireland may be so recovered as a civil debt due to him.

(8) The production of a copy of any of the Gazettes mentioned in subsection (5) which purports to contain a scheme under this section shall be conclusive evidence in all legal proceedings of that scheme.

Commencement Information

I14 S. 89 wholly in force at 26.3.2001; s. 89 not in force at Royal Assent see s. 130; s. 89(1)-(6)(8) in force at 26.2.2001 by S.I. 2001/534, art. 2, Sch.; s. 89(7) in force at 26.3.2001 by 2001/1148, art. 2, Sch. (subject to arts. 3-42)

90 Exclusion of liability. U.K.

(1) No proceedings in tort shall lie or, in Scotland, be competent against a universal service provider in respect of loss or damage suffered by any person in connection with the provision of a universal postal service because of—

(a) anything done or omitted to be done in relation to any postal packet in the course of transmission by post, or

(b) any omission to carry out arrangements for the collection of anything to be conveyed by post.

(2) No officer, servant, employee, agent or sub-contractor of a universal service provider shall be subject, except at the suit or instance of the provider, to any civil liability for—

(a) any loss or damage in the case of which liability of the provider is excluded by subsection (1), or

(b) any loss of, or damage to, an inland packet to which section 91 applies.

(3) No person engaged in or about the conveyance of postal packets and no officer, servant, employee, agent or sub-contractor of any such person shall be subject, except at the suit or instance of the universal service provider concerned, to any civil liability for—

(a) any loss or damage in the case of which liability of the provider is excluded by subsection (1), or

(b) any loss of, or damage to, an inland packet to which section 91 applies.

(4) In the application of subsection (1) to Scotland, the reference to proceedings in tort shall be construed in the same way as in section 43(b) of the M25 Crown Proceedings Act 1947.

(5) This section is subject to section 91.

Commencement Information

I15 S. 90 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

Marginal Citations

M25 1947 c. 44.

91 Limited liability for registered inland packets. U.K.

(1) Proceedings shall lie or, in Scotland, be competent against a universal service provider under this section, but not otherwise, in respect of relevant loss of, or relevant damage to, an inland packet in respect of which the universal service provider accepts liability under this section in pursuance of a scheme made under section 89.

(2) The references in subsection (1) to relevant loss or damage are to loss or damage so far as it is due to any wrongful act of, or any neglect or default by, an officer, servant, employee, agent or sub-contractor of the universal service provider while performing or purporting to perform in that capacity his functions in relation to the receipt, conveyance, delivery or other dealing with the packet.

(3) No proceedings shall lie or, in Scotland, be competent under this section in relation to a packet unless they are begun within the period of twelve months starting with the day on which the packet was posted.

(4) A universal service provider shall not be liable under this section in respect of a packet of any description unless such conditions (if any) as are required by a scheme under section 89 to be complied with in relation to packets of that description at the time when they are posted have been complied with in the case of the packet.

(5) For the purposes of this section and section 92 a scheme under section 89 may define a description of packet by reference to any circumstances whatever (including, in particular, the amount of any fee paid in respect of the packet in pursuance of the scheme).

(6) In this section “inland packet” means any postal packet which is posted in the United Kingdom for delivery at a place in the United Kingdom to the person to whom it is addressed.

Modifications etc. (not altering text)

C6 S. 91 applied (with modifications) (22.3.2001) by S.I. 2001/1148, art. 26 (with art. 34)

Commencement Information

I16 S. 91 wholly in force at 26.3.2001; s. 91 not in force at Royal Assent see s. 130; s. 91 in force for specifed purposes at 26.2.2001 by S.I. 2001/534, art. 2, Sch.; s. 91 in force in so far as not already in force at 26.3.2001 by S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

92 Section 91: supplementary. U.K.

(1) Subject to subsection (3), no relief or remedy shall be available under section 91 in relation to a packet except upon a claim by the sender or the addressee of the packet.

(2) The sender or addressee concerned shall be entitled—

(a) to claim any relief or remedy available under this section whether or not he is the person who has suffered the loss or damage, and

(b) to give a good discharge in respect of all claims under this section in respect of the packet concerned.

(3) Where the court is satisfied, on an application by a person who is not the sender or addressee of the packet, that the sender and the addressee are unable or unwilling to enforce their reliefs or remedies under this section, the court may, upon such terms as to security, caution, costs, expenses and otherwise as the court considers appropriate, allow that other person to bring proceedings under this section in the name of the sender or the addressee of the packet.

(4) Where, by virtue of subsection (2) or (3), a person recovers any money or property which, apart from that subsection, would have been recoverable by another person, the money or property so recovered shall be held on trust for that other person.

(5) The amount recoverable in any proceedings under section 91 in relation to a packet of any description shall not exceed—

(a) the market value of the packet at the time when the cause of action arises, or

(b) the maximum amount payable under a scheme made under section 89 for compensating the person aggrieved in respect of a packet of that description.

(6) For the purposes of subsection (5)(a) the market value of a packet shall not include the market value of—

(a) any message or information which it bears, or

(b) any item which, in relation to packets of that description, is excluded from the operation of this section by a scheme under section 89.

(7) For the purposes of any proceedings under section 91, it shall be presumed, unless the contrary is shown, that loss of, or damage to, the packet was due to such conduct as is mentioned in subsection (2) of that section.

(8) In this section—

• “sender”, in relation to a packet, has such meaning as may be given to it by any provision of a scheme made under section 89 and relating to an inland packet to which section 91 applies,

and any reference in this section to the sender or addressee of a packet includes a reference to his personal representatives.

Modifications etc. (not altering text)

C7 S. 92 applied (with modifications) (22.3.2001) by S.I. 2001/1148, art. 26 (with art. 34)

Commencement Information

I17 S. 92 wholly in force at 26.3.2001; s. 92 not in force at Royal Assent see s. 130; s. 92 in force for specified purposes at 26.2.2001 by S.I. 2001/534, art. 2, Sch.; s. 92 in force in so far as not already in force at 26.3.2001 by S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

93 Power to modify sections 89 to 92. U.K.

(1) The Secretary of State may by order modify sections 89 to 92.

(2) Before making an order under subsection (1), the Secretary of State shall consult the Commission, the Council and such other persons as he considers appropriate.

Supplementary powers for universal postal service U.K.

94 Power to require carriage of mail-bags by ship or aircraft. U.K.

(1) A universal service provider may, for any purpose in connection with the provision of a universal postal service, require by notice the owner or operator of a relevant ship or aircraft to carry mail-bags in the ship or aircraft.

(2) In subsection (1) “relevant ship or aircraft” means any ship or aircraft which carries on regular communications between two places in the United Kingdom, one of which is not readily accessible by road.

(3) The remuneration for any services provided in pursuance of this section shall be determined—

(a) by agreement between the universal service provider and the owner or operator concerned, or

(b) in the absence of agreement, by the Transport Tribunal or, where both places between which the ship or aircraft carries on regular communications are in Northern Ireland, by the Department for Regional Development in Northern Ireland.

95 Power to acquire land etc. U.K.

Schedule 5 (which provides for the compulsory acquisition of land by universal service providers) and Schedule 6 (which makes other provision in relation to land) shall have effect.

Articles in transit U.K.

96 Immunity from prosecution. U.K.

(1) A universal service provider and a person who is engaged in the business of such a provider shall be entitled to the same immunity from prosecution for conduct in the provision of a universal postal service and falling within subsection (2) as the provider and that person would be entitled to if the provider were a government department.

(2) The following conduct falls within this subsection—

(a) possession of anything contained in a postal packet which is in the course of transmission by post where possession of it is prohibited by virtue of any enactment, and

(b) failure to comply, in relation to anything contained in a postal packet which is in the course of transmission by post, with any condition or restriction imposed by virtue of any enactment in relation to its possession, conveyance or delivery.

Commencement Information

I18 S. 96 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

97 Harbour charges on mail-bags. U.K.

(1) No charge imposed by a harbour authority in respect of goods brought into, taken out of, or carried through a relevant harbour shall apply to goods contained in mail-bags—

(a) carried by a universal service provider in connection with the provision of a universal postal service,

(b) consigned by such a provider in connection with the provision of such a service to another for carriage (whether to a foreign postal administration or not), or

(c) consigned by a foreign postal administration to such a provider in connection with the provision of such a service for carriage.

(2) No charge imposed by a harbour authority in respect of goods brought into, taken out of, or carried through a relevant harbour shall apply to goods contained in mail-bags which—

(a) are consigned by one foreign postal administration to another, and

(b) are mail-bags which, when in the United Kingdom, are in the charge of a universal service provider in connection with the provision of a universal postal service.

(3) Charges which are exigible by a harbour authority at a relevant harbour in respect of mail-bags which are carried or consigned as mentioned in subsection (1) or (2) and their contents shall not be payable before the end of the period of eight weeks starting with the day on which the bags are brought within the limits of the harbour.

(4) Subsection (3) applies despite anything in any statutory provision made with respect to the harbour authority concerned.

(5) Such charges as are mentioned in subsection (3) may be recovered by means of proceedings instituted in that behalf in any court of competent jurisdiction; but not otherwise.

(6) In this section and section 98—

• “harbour authority”—

  (a)

  except in relation to Northern Ireland, has the same meaning as in the M26 Harbours Act 1964,

  (b)

  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,

• “relevant harbour”, in relation to a harbour authority, means a harbour which, in the exercise and performance of statutory powers and duties, the harbour authority are engaged in improving, maintaining or managing, and

• “statutory provision”—

  (a)

  except in relation to Northern Ireland, has the meaning given by section 57(1) of the M27 Harbours Act 1964 (and, as regards Scotland, includes an Act of the Scottish Parliament and an instrument made under such an Act),

  (b)

  in relation to Northern Ireland, has the same meaning as in section 1(f) of the M28 Interpretation Act (Northern Ireland) 1954.

(7) The reference in the definition of “relevant harbour” in subsection (6) to a harbour which, in the exercise and performance of statutory powers and duties, a harbour authority are engaged in improving, maintaining or managing shall be construed—

(a) except in relation to Northern Ireland, as if it were contained in the M29 Harbours Act 1964, and

(b) in relation to Northern Ireland, as a reference to a harbour which is being improved, maintained or managed by a harbour authority—

(i) in the exercise of powers conferred by a statutory provision,

(ii) in the performance of duties imposed by a statutory provision, or

(iii) in the exercise and performance of powers conferred, and duties imposed, by a statutory provision.

Marginal Citations

M26 1964 c. 40.

M27 1964 c. 40.

M28 1954 c. 33 (N.I.).

M29 1964 c. 40.

98 Mail-bags not to be subject to control by harbour authorities. U.K.

Nothing in a statutory provision (whenever made) with respect to a harbour authority shall extend to regulate or subject to control mail-bags—

(a) carried by a universal service provider in connection with the provision of a universal postal service,

(b) consigned by such a provider in the provision of such a service to another for carriage (whether to a foreign postal administration or not),

(c) consigned by a foreign postal administration to such a provider in connection with the provision of such a service for carriage, or

(d) consigned by one foreign postal administration to another and which, when in the United Kingdom, are in the charge of a universal service provider in connection with the provision of a universal postal service.

Common carriers U.K.

99 Common carriers. U.K.

A universal service provider shall not be regarded as a common carrier so far as he is providing a universal postal service.

Certain exemptions from postage etc. U.K.

100 Certain exemptions from postage etc. U.K.

(1) Petitions and addresses forwarded to Her Majesty or, in Northern Ireland, to the Secretary of State, by post shall be exempt from postage chargeable by a universal service provider in connection with the provision of a universal postal service.

(2) Petitions and addresses to Her Majesty which are sent by post to a member of either House of Parliament, a member of the Scottish Parliament, a member of the National Assembly for Wales or a member of the Northern Ireland Assembly shall be exempt from postage chargeable by a universal service provider in connection with the provision of a universal postal service if—

(a) the petitions or addresses do not exceed 1 kilogram in weight, and

(b) are sent without covers or in covers open at the sides.

(3) Petitions which are addressed to either House of Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly and are sent by post to a member of either House of Parliament, a member of the Scottish Parliament or the Clerk of the Scottish Parliament, a member of the National Assembly for Wales or (as the case may be) a member of the Northern Ireland Assembly shall be exempt from postage chargeable by a universal service provider in connection with the provision of a universal postal service if—

(a) the petitions do not exceed 1 kilogram in weight, and

(b) are sent without covers or in covers open at the sides.

(4) Subsection (5) applies where the postage chargeable by a universal service provider in connection with the provision of a universal postal service on a postal packet consisting of parliamentary proceedings has not been prepaid by the sender or has been insufficiently prepaid by him.

(5) No sum exceeding the amount of the postage or (as the case may be) the deficiency may be recovered by the universal service provider (whether from the sender or the addressee).

(6) In this section “parliamentary proceedings” means proceedings of either House of Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.

Modifications etc. (not altering text)

C8 S. 100 applied (22.3.2001) by S.I. 2001/1148, art. 27 (with art. 34)

Part VII U.K. Miscellaneous and supplementary

Supplementary powers of the Secretary of State U.K.

101 Directions in interests of national security etc. U.K.

(1) The Secretary of State may give such directions as he considers appropriate to the Commission in relation to the exercise of its functions if he considers it necessary or expedient to do so—

(a) in the interests of national security or in the interests of encouraging or maintaining the United Kingdom’s relations with another country or territory,

(b) in order—

(i) to discharge, or facilitate the discharge of, an international obligation,

(ii) to attain, or facilitate the attainment of, any other object which the Secretary of State considers it necessary or expedient to attain in view of Her Majesty’s Government in the United Kingdom being a member of an international organisation or a party to an international agreement, or

(iii) to enable Her Majesty’s Government in the United Kingdom to become a member of such an organisation or a party to such an agreement.

(2) Directions under subsection (1) may, in particular, require the Commission—

(a) to do or not to do a particular thing, or

(b) to secure that a particular thing is done or not done.

(3) The Secretary of State may, if he considers it necessary or expedient to do so for any of the purposes mentioned in subsection (1)(a) or (b), give such directions as he considers appropriate to licence holders under Part II, or to any particular licence holder under that Part, in connection with anything authorised or required by the licence or licences concerned.

(4) Directions under subsection (3) may, in particular, require a licence holder—

(a) to do or not to do a particular thing, or

(b) to secure that a particular thing is done or not done.

(5) Before giving a direction under subsection (1), the Secretary of State shall consult the Commission.

(6) Before giving a direction under subsection (3) to a particular licence holder (as opposed to licence holders generally or any description of licence holders), the Secretary of State shall consult the licence holder concerned.

(7) The Secretary of State—

(a) shall send to the Commission a copy of any direction given under subsection (3), and

(b) shall lay before each House of Parliament a copy of any direction given under this section.

(8) Subsection (7)(b) does not apply if the Secretary of State considers that the disclosure of the direction would be against the interests of national security or the interests of the United Kingdom’s relations with another country or territory or against the commercial interests of any person who has not consented to the disclosure.

(9) A person shall not disclose, and is not required by any enactment or otherwise to disclose, a direction given or other thing done or omitted to be done by virtue of this section if the Secretary of State notifies him that he considers that—

(a) disclosure would be against the interests of national security or the interests of the United Kingdom’s relations with another country or territory, or

(b) disclosure would be against the commercial interests of any person (other than the person notified) who has not consented to the disclosure.

(10) A person commits an offence if—

(a) without reasonable excuse he contravenes a direction under this section, or

(b) he makes a disclosure in contravention of subsection (9).

(11) A person who commits an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

102 Power to ensure compliance with the Postal Services Directive. U.K.

(1) This section applies if the Secretary of State—

(a) considers—

(i) that a Community obligation under the Postal Services Directive is not being complied with, or

(ii) that it is likely that any such obligation will not be complied with, and

(b) has been unable to obtain any undertakings from any person or persons which are sufficient to satisfy him that the situation will be remedied.

(2) The Secretary of State may by order make such provision as he considers appropriate to ensure that the obligation is or will be complied with.

(3) An order under this section may, in particular—

(a) confer functions on the Commission or the Council or modify their functions,

(b) require any postal operator or any postal operators of a particular description to provide such postal services as are specified in or determined by or under the order,

(c) specify terms and conditions on which such services are to be provided or provide for such terms and conditions to be determined by or under the order,

(d) provide for the payment of sums out of money provided by Parliament for any purpose of the order,

(e) provide for the enforcement of any provision of the order (including the creation of criminal offences punishable with a fine but not imprisonment).

(4) Before making an order under this section, the Secretary of State shall consult any postal operator on whom a requirement is to be imposed by virtue of the order.

(5) In deciding whether to make an order under this section the Secretary of State shall, in particular, have regard to the likely impact of the order on any business of a postal operator on whom a requirement is to be imposed by virtue of the order.

103 Subsidy for public post offices. U.K.

(1) The Secretary of State may by order make a scheme for the making of payments for the purpose of—

(a) assisting in the provision of public post offices or public post offices of a particular description, or

(b) assisting in the provision of services to be provided from public post offices or public post offices of a particular description.

(2) A scheme under this section which provides for the making of payments for a purpose falling within subsection (1)(b) shall ensure that no such payments may be made unless the person deciding whether to make the payments considers that the provision of the services concerned from public post offices or public post offices of a particular description would assist in the provision of public post offices or (as the case may be) public post offices of that description.

(3) Payments under a scheme under this section shall be made by the Secretary of State or by another person out of money provided by the Secretary of State.

(4) A scheme under this section shall specify—

(a) the descriptions of payments which may be made under the scheme,

(b) the descriptions of persons to whom such payments may be made,

(c) the person by whom such payments may be made,

(d) criteria to which that person is to have regard in deciding whether to make such payments, and

(e) the amounts of such payments or the basis on which such amounts are to be calculated.

(5) A scheme under this section may, in particular, provide for—

(a) payments under the scheme to be made subject to conditions specified in or determined under the scheme (including conditions as to repayment),

(b) the delegation of functions exercisable by virtue of the scheme (including the delegation of any discretion conferred by virtue of the scheme),

(c) the modification of the functions of a body established by an enactment, or the functions of the holder of an office created by an enactment, for the purpose of enabling the person concerned to exercise any functions conferred on that person by virtue of the scheme,

(d) the payment by the Secretary of State of fees to any person in respect of functions exercised by that person by virtue of the scheme.

(6) The power to make a scheme under this section shall not be exercised without the consent of the Treasury.

Inviolability of mails etc. U.K.

104 Inviolability of mails. U.K.

(1) Subsection (2) applies to—

(a) a postal packet,

(b) anything contained in a postal packet, and

(c) a mail-bag containing a postal packet,

which is not the property of the Crown but which is in the course of transmission by post.

(2) Anything to which this subsection applies shall have the same immunity from—

(a) examination, or seizure or detention, under a relevant power conferred by virtue of this Act or any other enactment,

(b) seizure under distress or in execution,

(c) in Scotland, any diligence, and

(d) retention by virtue of a lien,

as it would have if it were the property of the Crown.

(3) In subsection (2) “relevant power” means any power other than—

(a) a power conferred by section 47 so far as it is exercised for any purpose connected with the investigation of an offence under section 6 or any proceedings for such an offence,

(b) a power conferred under section 49,

(c) a power conferred by an enactment relating to customs or excise in its application, by virtue of section 105 or any regulations made under that section, to goods contained in postal packets, or

(d) a power conferred by section 106 or 107.

(4) The Secretary of State may by order modify subsection (3).

Modifications etc. (not altering text)

C9 S. 104(1)-(3) applied (22.3.2001) by S.I. 2001/1148, art. 28 (with art. 34)

Commencement Information

I19 S. 104 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

105 Application of customs and excise enactments to certain postal packets. U.K.

(1) Subject as follows, the enactments for the time being in force in relation to customs or excise shall apply in relation to goods contained in postal packets to which this section applies which are brought into or sent out of the United Kingdom by post from or to any place outside the United Kingdom as they apply in relation to goods otherwise imported, exported or removed into or out of the United Kingdom from or to any such place.

(2) The Treasury, on the recommendation of the Commissioners of Customs and Excise and the Secretary of State, may make regulations for—

(a) specifying the postal packets to which this section applies,

(b) making modifications or exceptions in the application of the enactments mentioned in subsection (1) to such packets,

(c) enabling persons engaged in the business of a postal operator to perform for the purposes of those enactments and otherwise all or any of the duties of the importer, exporter or person removing the goods,

(d) carrying into effect any arrangement with the government or postal administration of any country or territory outside the United Kingdom with respect to foreign postal packets,

(e) securing the observance of the enactments mentioned in subsection (1),

(f) without prejudice to any liability of any person under those enactments, punishing any contravention of the regulations.

(3) Duties (whether of customs or excise) charged on imported goods or other charges payable in respect of postal packets to which this section applies (whether payable to a postal operator or to a foreign administration) may be recovered by the postal operator concerned and in England and Wales and Northern Ireland may be so recovered as a civil debt due to him.

(4) In any proceedings for the recovery of any charges payable as mentioned in subsection (3), a certificate of the postal operator concerned of the amount of the charges shall be evidence (and, in Scotland, sufficient evidence) of that fact.

(5) In this section “foreign postal packet” means any postal packet either posted in the United Kingdom and sent to a place outside the United Kingdom, or posted in a place outside the United Kingdom and sent to a place within the United Kingdom, or in transit through the United Kingdom to a place outside the United Kingdom.

Commencement Information

I20 S. 105 wholly in force at 26.3.2001; s. 105 not in force at Royal Assent see s. 130; s. 105(2) in force at 26.2.2001 by S.I. 2001/534, art. 2, Sch.; s. 105(1)(3)-(5) in force at 26.3.2001 by S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

106 Power to detain postal packets containing contraband. U.K.

(1) A postal operator may—

(a) detain any postal packet if he suspects that it may contain relevant goods,

(b) forward any packet so detained to the Commissioners of Customs and Excise.

(2) In this section “relevant goods” means—

(a) any goods chargeable with any duty charged on imported goods (whether a customs or an excise duty) which has not been paid or secured, or

(b) any goods in the course of importation, exportation or removal into or out of the United Kingdom contrary to any prohibition or restriction for the time being in force by virtue of any enactment.

(3) Subsection (1) is without prejudice to section 105.

(4) The Commissioners may open and examine any postal packet forwarded to them under this section—

(a) in the presence of the person to whom the packet is addressed, or

(b) where the address on the packet is outside the United Kingdom or where subsection (5) applies, in the absence of that person.

(5) This subsection applies where—

(a) the Commissioners have—

(i) left at the address on the packet notice requiring the attendance of the person concerned, or

(ii) forwarded such notice by post to that address, and

(b) the addressee fails to attend.

(6) If the Commissioners find any relevant goods on opening and examining a postal packet under this section, they may detain the packet and its contents for the purpose of taking proceedings in relation to them.

(7) If the Commissioners do not find any relevant goods on opening and examining a postal packet under this section, they shall—

(a) deliver the packet to the addressee upon his paying any postage and other sums chargeable on it, or

(b) if he is absent, forward the packet to him by post.

Commencement Information

I21 S. 106 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

107 Conditions of transit of postal packets. U.K.

(1) If a postal operator knows or reasonably suspects that a postal packet is being sent by post in contravention of section 85, he may—

(a) refuse the transmission of the packet,

(b) detain the packet and open it,

(c) subject to any requirements as to additional postage or charges, return the packet to its sender or forward it to its destination,

(d) destroy or otherwise dispose of the packet.

(2) Subsection (1) is without prejudice to any other powers which the postal operator may have in relation to the packet (whether under the terms and conditions applicable to its transmission by post or otherwise).

(3) The detention or disposal by a postal operator of any postal packet on the grounds of a contravention of section 85 or of any terms and conditions applicable to its transmission by post shall not exempt the sender from any proceedings which might have been taken if the packet had been delivered in due course of post.

Modifications etc. (not altering text)

C10 S. 107(1) applied (22.3.2001) by S.I. 2001/1148, art. 29 (with s. 34)

Commencement Information

I22 S. 107 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

Evidential provisions U.K.

108 Evidence of amount of postage etc. U.K.

(1) The mark of—

(a) a universal service provider in connection with the provision of a universal postal service, or

(b) a foreign postal administration,

of any sum on any postal packet as due in respect of that packet shall, unless the contrary is shown, be sufficient proof in any legal proceedings of the liability of the packet to the sum so marked.

(2) Subsections (3) to (5) apply in relation to any legal proceedings for the recovery of postage or other sums due in respect of postal packets.

(3) In any such proceedings, the production of the packet concerned with a stamp or other endorsement on it of a universal service provider (and made in connection with the provision of a universal postal service) or of a foreign postal administration indicating that the packet—

(a) has been refused or rejected,

(b) is unclaimed, or

(c) cannot for any other reason be delivered,

shall, unless the contrary is shown, be sufficient proof of the fact indicated.

(4) In any such proceedings, a certificate of a universal service provider that any mark, stamp or endorsement is such a mark, stamp or endorsement as is mentioned in subsection (1) or (3) shall, unless the contrary is shown, be sufficient proof of that fact.

(5) In any such proceedings, the person from whom the packet concerned purports to have come shall, unless the contrary is shown, be taken to be the sender of the packet.

Modifications etc. (not altering text)

C11 S. 108 applied (22.3.2001) by S.I. 2001/1148, art. 30 (with art. 34)

Commencement Information

I23 S. 108 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3 42)

109 Evidence of thing being a postal packet. U.K.

(1) On the prosecution of an offence under this Act (whether summarily or on indictment), evidence that any article is in the course of transmission by post, or has been accepted by a postal operator for transmission by post, shall be sufficient evidence that the article is a postal packet.

(2) In any proceedings in England and Wales for an offence under section 83 or 84 of this Act, section 27(4) of the M30 Theft Act 1968 shall apply as it applies to proceedings for the theft of anything in the course of transmission by post.

(3) In any proceedings in Northern Ireland for an offence under section 83 or 84 of this Act, section 26(5) of the M31 Theft Act (Northern Ireland) 1969 shall apply as it applies to proceedings for the theft of anything in the course of transmission by post.

Modifications etc. (not altering text)

C12 S. 109 applied (7.3.2001) by S.I. 2001/878, art. 16 (with art. 17)

Commencement Information

I24 S. 109 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/878, art. 2, Sch. (subject to arts. 3-17)

Marginal Citations

M30 1968 c. 60.

M31 1969 c. 16 (N.I.).

110 Certificates in relation to universal postal service letter boxes. U.K.

A certificate given by or on behalf of a universal service provider to the effect that any box or receptacle is or was provided by the provider concerned for the purpose of receiving postal packets, or any class of postal packets, for onwards transmission in connection with the provision of a universal postal service, shall, unless the contrary is shown, be sufficient proof in any legal proceedings of the facts stated.

Commencement Information

I25 S. 110 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

Postal and money orders U.K.

111 Exclusion of liability in relation to postal and money orders. U.K.

(1) No proceedings shall lie or, in Scotland, be competent against the Post Office company for any loss or damage as a result of—

(a) a reasonable refusal by the Post Office company to pay a postal or money order which has been issued by it or a foreign postal administration, or

(b) a reasonable delay by the Post Office company in paying any such order.

(2) Where a postal or money order issued by the Post Office company is presented for payment in the United Kingdom by a banker to whom it has been delivered for collection, payment of the order to the banker discharges it.

(3) Where a relevant uncrossed order issued by the Post Office company is presented for payment in the United Kingdom otherwise than by a banker to whom it has been delivered for collection, payment of the order to the person by whom it is presented discharges it.

(4) A postal or money order issued by the Post Office company is discharged by the payment of the order outside the United Kingdom in accordance with arrangements made by the Post Office company in that regard.

(5) Where a postal or money order issued by a foreign postal administration is paid by the Post Office company to a banker to whom it has been delivered for collection on behalf of a person other than the true owner of the order, the Post Office company shall not be liable to the true owner of the order by reason of having paid it to the banker.

(6) Where a relevant uncrossed order issued by a foreign postal administration is presented to the Post Office company for payment otherwise than by a banker to whom it has been delivered for collection or the true owner of the order, payment of the order by the Post Office company to the person presenting it shall not make the Post Office company liable to the true owner of the order.

(7) Any person acting as a banker in the United Kingdom who, in collecting in that capacity for any principal, has received payment from the Post Office company in respect of any postal order, or any document purporting to be a postal order, shall not incur liability to anyone except the principal by reason of having received the payment or having held or presented the order or document for payment.

(8) Subsection (7) does not relieve any principal for whom any such order or document has been so held or presented of any liability in respect of his possession of the order or document or of the proceeds of the order or document.

(9) In this section “relevant uncrossed order” means—

(a) an uncrossed postal or money order which—

(i) is expressed to be payable to a person specified or described in the order, and

(ii) is signed by or on behalf of that person or purports to be so signed, or

(b) an uncrossed postal order which is not expressed to be payable to a person specified or described in the order.

(10) In this section and section 113 “banker” includes a body which carries on the business of banking.

Modifications etc. (not altering text)

C13 S. 111(1)-(4) modified (22.3.2001) by S.I. 2001/1148, art. 31 (with art. 34)

Commencement Information

I26 S. 111 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

112 Schemes in relation to postal and money orders. U.K.

(1) The Post Office company shall not issue postal or money orders otherwise than in accordance with a scheme under this section.

(2) The Post Office company may make a scheme under this section in relation to—

(a) the issue by it of postal or money orders,

(b) other services provided by it in connection with postal or money orders (whether orders issued by it or otherwise).

(3) A scheme under this section is a scheme for determining any or all of the following (so far as not otherwise agreed)—

(a) the charges which are to be imposed in respect of the services concerned,

(b) the other terms and conditions which are to be applicable to the services concerned, and

(c) procedures for dealing with the complaints of persons who use the services concerned.

(4) A scheme under this section may, in particular—

(a) adopt such system for the determination of the charges and other terms and conditions as the Post Office company considers appropriate (including determining them itself subject to any conditions and limitations provided for in the scheme),

(b) provide for the non-payment by the Post Office company after the end of a specified period, except on satisfaction of specified conditions, of a postal or money order issued by that company or a foreign postal administration,

(c) specify the manner in which, time and place at which and person by whom the charges are to be paid.

(5) No provision may be made in any scheme under this section—

(a) for limiting the liability of the Post Office company for loss or damage, or

(b) for amending the rules of law relating to evidence.

(6) A scheme under this section shall come into force on such day as is specified in the scheme; but no day earlier than the day after that on which the scheme has been published in the London, Edinburgh and Belfast Gazettes shall be so specified.

(7) A scheme under this section may—

(a) make different provision for different cases or classes of case determined by, or in accordance with, the provisions of the scheme,

(b) modify any previous scheme made under this section.

(8) Any charge payable by virtue of this section may be recovered by the Post Office company and in England and Wales and Northern Ireland may be so recovered as a civil debt due to it.

(9) The production of a copy of any of the Gazettes mentioned in subsection (6) which purports to contain a scheme under this section shall be conclusive evidence in all legal proceedings of that scheme.

(10) The Secretary of State may by order modify this section.

Commencement Information

I27 S. 112 wholly in force; s. 112 not in force at Royal Assent see s. 130; s. 112(2)-(7)(9)(10) in force at 26.2.2001 by S.I. 2001/534, art. 2, Sch.; s. 112(1),(8) in force at 26.3.2001 by S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

113 Recoupment of losses on wrongly paid money orders. U.K.

(1) Subsection (2) applies where—

(a) a money order issued by the Post Office company or a foreign postal administration has been delivered for collection to a banker, and

(b) the Post Office company has paid the order to the banker when it should not have done so.

(2) The sum paid may be deducted from sums subsequently falling to be paid by the Post Office company to the banker by way of payment of money orders so issued which have been delivered to the banker for collection.

Modifications etc. (not altering text)

C14 S. 113(1)(a) modified (22.3.2001) by S.I. 2001/1148, art. 31 (with art. 34)

Commencement Information

I28 S. 113 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

114 Special arrangements with other countries or territories. U.K.

(1) References in sections 111 (other than subsection (4)), 112 and 113 to money orders issued by the Post Office company shall be construed as including references to special money orders issued by that company.

(2) For the purposes of subsection (1) special money orders are orders for the payment of money in the United Kingdom which are issued by the Post Office company in pursuance of an arrangement made with a government or postal administration of any other country or territory for the transmission, by means of orders for the payment of money, of sums of money through post offices under the charge of the Post Office company and the postal administration of the other country or territory.

(3) The reference in section 112(2)(b) to money orders shall be construed as including a reference to orders for the payment of money issued in pursuance of an arrangement of the kind mentioned in subsection (2) above by the postal administration of the other country or territory.

Commencement Information

I29 S. 114 wholly in force; s. 114 not in force at Royal Assent see s. 130; s. 114(1)(2) in force for specified purposes at 26.2.2001 by S.I. 2001/534, art. 2, Sch.; s. 114 in force in so far as not already in force at 26.3.2001 by S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

Other U.K.

115 Extension of existing powers relating to the Post Office. U.K.

(1) In section 7(2) of the M32 Post Office Act 1969 (powers of the Post Office) after paragraph (r) there shall be inserted—

“(s) to enter into any form of financial transaction which it considers to be expedient and which does not fall within any of the preceding paragraphs;”.

(2) After section 37(1) of that Act (loans by the Secretary of State to the Post Office) there shall be inserted—

“(1A) The Secretary of State may, with the approval of the Treasury, make loans to any subsidiary of the Post Office.”

(3) After section 37(2) of that Act there shall be inserted—

“(2A) The power of the Secretary of State to make loans under this section includes power to make loans in currencies other than sterling.”

(4) After section 37(3) of that Act (power to issue sums out of the National Loans Fund) there shall be inserted—

“(3A) Such sums may be issued in sterling or, where the loan is to be in a currency other than sterling, in that currency or in sterling.”

(5) In section 73 of the M33 British Telecommunications Act 1981 (borrowing powers of the Post Office etc), in subsection (1)(a) and (2)(a), after “sterling” there shall, in each case, be inserted “ or a currency other than sterling ”.

(6) In section 74(2) of that Act (limit of indebtedness of the Post Office and its subsidiaries)—

(a) after sub-paragraph (i) there shall be inserted—

“(ia) money borrowed by any other subsidiary of the Post Office under section 37(1A) of the 1969 Act;”,

(b) for “£1,200 million” there shall be substituted “ £5,000 million ”, and

(c) the words “, not exceeding £1,700 million,” shall be repealed.

(7) After section 74(4) of that Act there shall be inserted—

“(4A) For the purposes of this section equivalents in sterling shall be calculated as the Secretary of State considers appropriate.”

Marginal Citations

M32 1969 c. 48.

M33 1981 c. 38.

116 The Postcode Address File. U.K.

(1) The owner for the time being of the Postcode Address File shall—

(a) maintain the File, and

(b) make the File available to any person who wishes to use it on such terms as are reasonable.

(2) Compliance with subsection (1) shall be enforceable by civil proceedings brought by the Commission for an injunction or for interdict or for any other appropriate relief or remedy.

(3) In this section—

• “the Postcode Address File” means—

  (a)

  the collection of relevant information which, immediately before the coming into force of this section, was owned by the Post Office, or

  (b)

  that collection as it is from time to time revised, and

• “relevant information” means postcodes in the United Kingdom which may be used to facilitate the identification of delivery points for the purpose of providing postal services.

(4) The terms which may be imposed under subsection (1)(b) include terms as to the payment of such fee (if any) as the owner considers appropriate.

117 Records of the former Postmaster General’s department. U.K.

(1) The Secretary of State may by order vest in the Post Office company such records of the department of the Postmaster General as—

(a) belong to Her Majesty in right of Her Majesty’s Government in the United Kingdom, and

(b) are specified in or described by the order.

(2) The Secretary of State may give such directions to the Post Office company as he considers appropriate for ensuring that any records so transferred to the Post Office company are available to the Crown for inspection and copying.

118 Supplementary provisions relating to the Council. U.K.

(1) On such day as the Secretary of State may by order appoint (“the relevant day”), all the property, rights and liabilities to which the Post Office Users’ National Council was entitled or subject immediately before that day shall become by virtue of this section property, rights and liabilities of the Council.

(2) An order made under subsection (1) may be varied or revoked by a subsequent order at any time before any property, rights or liabilities of the Post Office Users’ National Council vest in the Council by virtue of this section.

(3) Paragraphs 1 and 7 of Schedule 3 apply for the purposes of this section as they apply for the purposes of section 62 with such modifications as are necessary (including the substitution for references to the Post Office and the Post Office company of references to the Post Office Users’ National Council and the Council respectively).

(4) Where a person employed in the civil service of the state and seconded to the Post Office Users’ National Council or a Country Council immediately before the relevant day becomes an employee of the Council on that day, his period of employment in the civil service of the state (including any part of that period spent otherwise than on secondment) counts as a period of employment with the Council for the purposes of the M34 Employment Rights Act 1996 (and the change of employer does not affect the continuity of the period of employment for those purposes).

(5) Where a person who—

(a) is employed in the civil service of the state and is seconded to the Council, and

(b) immediately before his secondment to the Council was seconded to the Post Office Users’ National Council or a Country Council,

becomes an employee of the Council, his period of employment in the civil service of the state (including any part of that period spent otherwise than on secondment) counts as a period of employment with the Council for the purposes of the M35 Employment Rights Act 1996 (and the change of employer does not affect the continuity of the period of employment for those purposes).

(6) In this section “Country Council” means the Post Office Users’ Council for Scotland, the Post Office Users’ Council for Wales or the Post Office Users’ Council for Northern Ireland.

Marginal Citations

M34 1996 c. 18.

M35 1996 c.18.

119 General restrictions on disclosure of information. U.K.

Schedule 7 (which makes provision about disclosure of information) shall have effect.

Commencement Information

I30 S. 119 wholly in force; s. 119 not in force at Royal Assent see s. 130; s. 119 in force for specified purposes at 6.11.2000, for further specified purposes at 1.1.2001 and in force insofar as not already in force at 26.3.2001 by S.I. 2000/2957, art. 2(1)-(3), Schs. 1, 2, 3 (with transitional provisions in arts. 3-8)

General U.K.

120 Offences by bodies corporate. U.K.

(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person purporting to act in such a capacity,

he as well as the body corporate commits the offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3) Where an offence under this Act is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership commits the offence and shall be liable to be proceeded against and punished accordingly.

121 Service of documents. U.K.

(1) Any document required or authorised by virtue of this Act to be served on any person may be served—

(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address,

(b) if the person is a body corporate, by serving it in accordance with paragraph (a) on the secretary of the body, or

(c) if the person is a partnership, by serving it in accordance with paragraph (a) on a partner or a person having the control or management of the partnership business.

(2) For the purposes of this section and section 7 of the M36 Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that—

(a) in the case of service on a body corporate or its secretary, it shall be the address of the registered or principal office of the body,

(b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership.

(3) For the purposes of subsection (2) the principal office of a company constituted under the law of a country or territory outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

(4) Subsection (5) applies if a person to be served under this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined under subsection (2)) as the one at which he or someone on his behalf will accept documents of the same description as that document.

(5) In relation to that document, that address shall be treated as his proper address for the purposes of this section and section 7 of the M37 Interpretation Act 1978 in its application to this section, instead of that determined under subsection (2).

(6) This section does not apply to any document if rules of court make provision about its service.

(7) In this section references to serving include references to similar expressions (such as giving or sending).

Marginal Citations

M36 1978 c. 30.

M37 1978 c. 30.

122 Orders and regulations. U.K.

(1) Any power of the Secretary of State to make an order, or of the Treasury to make regulations, under this Act shall be exercisable by statutory instrument.

(2) Any power of the Secretary of State to make an order, or of the Treasury to make regulations, under this Act—

(a) may be exercised so as to make different provision for different cases or descriptions of case or for different purposes,

(b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State or (as the case may be) the Treasury considers appropriate.

(3) The power of the Secretary of State under section 9, 10, 102 or 129 (including that power as extended by this section) may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.

(4) The power of the Secretary of State under paragraph 6(1) of Schedule 8 (including that power as extended by this section) may be exercised by modifying any enactment.

(5) The power of the Secretary of State under section 8, 93, 104(4) or 112(10) as extended by this section may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.

(6) The power of the Secretary of State under section 103 as extended by this section may be exercised by modifying any enactment.

(7) The power of the Secretary of State under section 102, 103, 127(1) or 128 (including that power as extended by this section) may be exercised so as to make provision for the delegation of functions.

(8) The fact that a power is conferred by this Act does not prejudice the extent of any other power so conferred.

(9) Regulations under section 105 shall be subject to annulment in pursuance of a resolution of the House of Commons.

(10) An order under any of the following provisions shall, if made without a draft of it having been approved by a resolution of each House of Parliament, be subject to annulment in pursuance of a resolution of either House of Parliament: sections 10, 38(8), 58(7), 59(2), 70, 74, 102, 104(4) and 128 and paragraph 1(5) of Schedule 3 (including that paragraph as applied by section 118(3)), paragraph 4 of Schedule 7 and paragraph 6(1) of Schedule 8.

(11) An instrument containing an order under any of the provisions mentioned in subsection (10) which revokes, amends or re-enacts an order under any of the provisions mentioned in that subsection may (in spite of section 14 of the M38 Interpretation Act 1978) be subject to a different procedure under that subsection from the procedure to which the instrument containing the original order was subject.

(12) No order shall be made under section 8, 9, 30(2), 93, 103, 112(10) or 127(1) unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(13) In this section references to enactment include references to any instrument or other document.

Subordinate Legislation Made

P2 S. 122(3) Power partly exercised: different dates appointed for specified provisions by S.I. 2001/1148 art. 2 (with saving and transitional provisions in arts. 3-42)

Marginal Citations

M38 1978 c. 30.

123 Directions. U.K.

(1) A person to whom a direction is given under this Act shall give effect to it.

(2) Any power conferred by this Act to give a direction shall include power to vary or revoke the direction.

(3) Any direction given under this Act shall be in writing.

124 General financial provision. U.K.

(1) There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by the Commission in consequence of this Act,

(b) any expenditure incurred by the Treasury or the Secretary of State in consequence of this Act (apart from any expenditure to be met from the National Loans Fund), and

(c) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

(2) There shall be paid out of, or into, the National Loans Fund any increase attributable to this Act in the sums so payable under any other enactment.

(3) There shall be paid into the Consolidated Fund any sums received by the Treasury, the Secretary of State or the Commission in consequence of this Act (apart from any sums required to be paid into the National Loans Fund).

125 Interpretation. U.K.

(1) In this Act, unless the context otherwise requires—

• “body” includes an unincorporated association,

• “contravention”, in relation to any requirement, condition, direction, order or regulations, includes any failure to comply with it and cognate expressions shall be construed accordingly,

• “correspondent”, in relation to a postal packet, means the sender or the person to whom it is addressed,

• “employee”, in relation to a body corporate, includes any officer or director of the body corporate and any other person taking part in its management, and “employer” and other related expressions shall be construed accordingly,

• “enactment” includes an Act of the Scottish Parliament, Northern Ireland legislation (within the meaning of the M39 Northern Ireland Act 1998) and an enactment comprised in subordinate legislation, and includes an enactment whenever passed or made,

• “financial year” means a year ending with 31st March,

• “foreign postal administration” means a postal administration outside the United Kingdom,

• “hovercraft” has the same meaning as in the M40 Hovercraft Act 1968,

• “letter” means any communication in written form on any kind of physical medium to be conveyed and delivered otherwise than electronically to the person or address indicated by the sender on the item itself or on its wrapping (excluding any book, catalogue, newspaper or periodical); and includes a postal packet containing any such communication,

• “mail-bag” includes any form of container or covering in which postal packets in the course of transmission by post are enclosed by a postal operator in the United Kingdom or a foreign postal administration for the purpose of conveyance by post, whether or not it contains any such packets,

• “modify” includes amend or repeal,

• “Northern Ireland junior Minister” means a member of the Northern Ireland Assembly appointed as a junior Minister under section 19 of the M41 Northern Ireland Act 1998,

• “Northern Ireland Minister” includes the First Minister and the deputy First Minister in Northern Ireland,

• “notice” means notice in writing,

• “post office” includes any house, building, room, vehicle or place used for the provision of any postal services,

• “post office letter box” includes any pillar box, wall box, or other box or receptacle provided by a postal operator for the purpose of receiving postal packets, or any class of postal packets, for onwards transmission by post,

• “postal operator” means a person who provides the service of conveying postal packets from one place to another by post or any of the incidental services of receiving, collecting, sorting and delivering such packets,

• “postal packet” means a letter, parcel, packet or other article transmissible by post,

• “postal services” means the service of conveying postal packets from one place to another by post, the incidental services of receiving, collecting, sorting and delivering such packets and any other service which relates to any of those services and is provided in conjunction with any of them,

• “the Postal Services Directive” means the Directive of the European Parliament and the Council of the European Union of 15th December 1997 (No. 97/67/EC) on common rules for the development of the internal market of Community postal services and the implementation of quality of service, [F23 as amended by the Directive of the European Parliament and the Council of the European Union of 10th June 2002 (No. 2002/39/EC) with regard to the further opening to competition of Community postal services]

• “public holiday” means Christmas Day, Good Friday or a day which is a bank holiday under the M42 Banking and Financial Dealings Act 1971 in any part of the United Kingdom,

• “registered post service” means a postal service which provides for the registration of postal packets in connection with their transmission by post and for the payment of compensation for any loss or damage,

• “sender”, in relation to any letter or other communication, means the person whose communication it is,

• “ship” includes any boat, vessel or hovercraft,

• “subordinate legislation” has the same meaning as in the M43 Interpretation Act 1978 and also includes an instrument made under an Act of the Scottish Parliament and an instrument made under Northern Ireland legislation (within the meaning of section 98(1) of the M44 Northern Ireland Act 1998),

• “users”, in relation to postal services, includes users as addressees and potential users,

• “vehicle” includes a railway vehicle, and

• “working day” means—

  (a)

  in relation to the collection and delivery of letters, any day which is not a Sunday or a public holiday,

  (b)

  in relation to the collection and delivery of postal packets other than letters, any day which is not a Saturday, a Sunday or a public holiday.

(2) For the purposes of the definition of “letter” in subsection (1) the reference to a communication to be conveyed and delivered otherwise than electronically shall be construed as a reference to a communication to be conveyed and delivered otherwise than—

(a) by means of [F24 an electronic communications network], or

(b) by other means but while in electronic form.

(3) For the purposes of this Act—

(a) a postal packet shall be taken to be in course of transmission by post from the time of its being delivered to any post office or post office letter box to the time of its being delivered to the addressee,

(b) the delivery of a postal packet of any description to a letter carrier or other person authorised to receive postal packets of that description for the post or to a person engaged in the business of a postal operator to be dealt with in the course of that business shall be a delivery to a post office, and

(c) the delivery of a postal packet—

(i) at the premises to which it is addressed or redirected, unless they are a post office from which it is to be collected,

(ii) to any box or receptacle to which the occupier of those premises has agreed that postal packets addressed to persons at those premises may be delivered, or

(iii) to the addressee’s agent or to any other person considered to be authorised to receive the packet,

shall be a delivery to the addressee.

(4) Any reference in this Act to a subsidiary or wholly owned subsidiary shall be construed in accordance with section 736 of the M45 Companies Act 1985 or Article 4 of the M46 Companies (Northern Ireland) Order 1986.

Textual Amendments

F23 Words in s. 125 added (1.1.2003) by S.I. 2002/3050, reg. 7

F24 Words in s. 125(2)(a) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 162(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

Marginal Citations

M39 1998 c. 47.

M40 1968 c. 59.

M41 1998 c. 47.

M42 1971 c. 80.

M43 1978 c. 30.

M44 1998 c. 47.

M45 1985 c. 6.

M46 S.I. 1986/1032 (N.I. 6).

126 Index of defined expressions. U.K.

In this Act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.

Expression	Provision of this Act
Body	Section 125(1)
The Commission	Section 1(1)
Condition of a licence	Section 13(5)
Contravention	Section 125(1)
Correspondent	Section 125(1)
Course of transmission by post	Section 125(3)
The Council	Section 2(1)
Delivery to addressee	Section 125(3)
Delivery (in certain other circumstances)	Section 125(3)
Employee	Section 125(1)
Enactment	Section 125(1)
Final order	Section 22(5)
Financial year	Section 125(1)
Foreign postal administration	Section 125(1)
Hovercraft	Section 125(1)
Letter	Section 125(1) and (2)
Mail-bag	Section 125(1)
Modify	Section 125(1)
Northern Ireland junior Minister	Section 125(1)
Northern Ireland Minister	Section 125(1)
Notice	Section 125(1)
Post office	Section 125(1)
Post office letter box	Section 125(1)
Postal operator	Section 125(1)
Postal packet	Section 125(1)
Postal services	Section 125(1)
The Postal Services Directive	Section 125(1)
Provision of a universal postal service	Section 4(1), (2) and (6)
Provisional order	Section 23(8)
Public holiday	Section 125(1)
Public post office	Section 42(3)
Regional committee	Section 54(5)
Registered post service	Section 125(1)
Sender	Section 125(1)
Ship	Section 125(1)
Subordinate legislation	Section 125(1)
Subsidiary	Section 125(4)
Universal postal service letter box	Section 86(4)
Universal postal service post office	Section 86(4)
Universal service provider	Section 4(3) and (4)
Users	Section 125(1)
Vehicle	Section 125(1)
Wholly owned subsidiary	Section 125(4)
Working day	Section 125(1)

127 General amendments and repeals. U.K.

(1) The Secretary of State may by order make such supplementary, incidental or consequential provision as he considers necessary or expedient for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.

(2) The power conferred by subsection (1) (including that power as extended by section 122) may, in particular, be exercised by modifying any enactment, instrument or other document.

(3) No other provision of this Act restricts the power conferred by subsection (1).

(4) Schedule 8 (which contains amendments of enactments) shall have effect.

(5) Any amendment by that Schedule of an enactment comprised in subordinate legislation is without prejudice to any power to make further subordinate legislation modifying the amended enactment.

(6) Schedule 9 (which contains repeals and revocations of enactments including enactments which are already obsolete or unnecessary) shall have effect.

Commencement Information

I31 S. 127(1)-(3)(5) in force at Royal Assent see s. 130; s. 127(4)(6) in force for specified purposes at 6.11.2000, in force for further specified purposes at 1.1.2001 by S.I. 2000/2957, arts. 2(1)(2), Schs. 1, 2 (with transitional provisions in arts. 3-8); s. 127(4) in force in so far as not already in force 26.3.2001 by S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42); s. 127(6) in force for further specified purposes 26.3.2001 by S.I. 2000/2957, art. 2(3), Sch. 3 (with transitional provisions in arts. 3-8), S.I. 2001/878, art. 2, Sch., S.I. 2001/1148, art. 2, Sch. (subject to transitional provisions in arts. 3-42)

128 Modifications of local enactments etc. U.K.

(1) The Secretary of State may by order make such supplementary, incidental or consequential provision in relation to local enactments as he considers necessary or expedient for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.

(2) The power conferred by subsection (1) (including that power as extended by section 122) may, in particular, be exercised by modifying any local enactment or any instrument or other document which is not an Act.

(3) No other provision of this Act restricts the power conferred by subsection (1).

(4) In this section “local enactment” means—

(a) a local or private Act,

(b) a public general Act relating to London,

(c) an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure, or

(d) an enactment in a public general Act amending anything falling within paragraphs (a) to (c).

129 Transitional provisions etc. U.K.

The Secretary of State may by order make such provision as he considers necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of any provision of this Act.

Subordinate Legislation Made

P3 S. 129 power exercised: 26.3.2001 appointed for specified provisions by S.I. 2001/878 art. 2, Sch. (with saving and transitional provisions in arts. 3-17)

S. 129 Power partly exercised: different dates appointed for specified provisions by S.I. 2001/1148 art. 2 (with saving and transitional provisions in arts. 3-42)

Final U.K.

130 Commencement. U.K.

(1) Parts I to VI, sections 101 to 114, sections 116 to 119 (including Schedule 7) and section 127(4) and (6) (including Schedules 8 and 9) shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or different areas.

(2) Section 115 shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

Subordinate Legislation Made

P4 S. 130(1) power partly exercised: different dates appointed for specified provisions by S.I. 2000/2957, art. 2(1)-(3), Schs. 1, 2, 3 (as amended by S.I. 2001/1148 art. 43(1))

S. 130(1) power partly exercised: 26.2.2001 appointed for specified provisions by S.I. 2001/534, art. 2, Sch.

S. 130(1) power partly exercised: 26.3.2001 appointed for specified provisions by S.I. 2001/878 art. 2, Sch. (with saving and transitional provisions in arts. 3-17)

S. 130(1) Power partly exercised: different dates appointed for specified provisions by S.I. 2001/1148 art. 2 (with saving and transitional provisions in arts. 3-42)

131 Short title and extent. U.K.

(1) This Act may be cited as the Postal Services Act 2000.

(2) Any modification by this Act of an enactment has the same extent as the enactment modified.

(3) Subject to that, this Act extends to Northern Ireland.

(4) Sections 127(1) to (3) and 129 and this section, together with sections 122 and 125 so far as they relate to those provisions, extend to the Isle of Man and the Channel Islands (in addition to any provisions of this Act which so extend by virtue of subsection (2) above).

SCHEDULES

Section 1(3).

SCHEDULE 1 U.K. The Postal Services Commission

Membership U.K.

1 (1) The Commission shall consist of the following members— U.K.

(a) a chairman appointed by the Secretary of State,

(b) no fewer than three other persons appointed by the Secretary of State after consulting the chairman, and

(c) the chief executive of the Commission.

(2) The members of the Commission shall be known as the Postal Service Commissioners.

(3) In this Schedule references to the appointed members of the Commission shall be construed as references to the chairman and to the members appointed under sub-paragraph (1)(b).

Terms of appointment of members U.K.

2 (1) Subject to this Schedule, the appointed members of the Commission shall hold and vacate office in accordance with the terms of their respective appointments. U.K.

(2) The terms of their appointments shall be determined by the Secretary of State.

3 (1) An appointment of a person to hold office as chairman or as a member appointed under paragraph 1(1)(b) shall be for a term not exceeding five years. U.K.

(2) A person holding such an office may resign his office by giving notice to the Secretary of State.

(3) The Secretary of State may remove a person from any such office on the ground of incapacity or misbehaviour.

(4) Where a person ceases to hold office as chairman or chief executive, he shall cease to be a member of the Commission.

(5) No person shall be prevented from being a member of the Commission (whether as chairman or otherwise) merely because he has previously been a member of the Commission (whether as chairman or otherwise).

Pay and remuneration of members U.K.

4 (1) The Commission shall, if required to do so by the Secretary of State, pay its appointed members such remuneration, and such travelling and other allowances, as the Secretary of State may determine. U.K.

(2) The Commission shall, if required to do so by the Secretary of State—

(a) pay to or in respect of any person who is or has been an appointed member of the Commission such pension, allowances or gratuities as the Secretary of State may determine, or

(b) make such payments as the Secretary of State may determine towards provision for the payment of a pension, allowance or gratuity to or in respect of such a person.

(3) Where—

(a) a person ceases to hold office as chairman or a member appointed under paragraph 1(1)(b), and

(b) the Secretary of State determines that there are special circumstances which make it right for that person to receive compensation,

the Commission shall make a payment to the person by way of compensation of such amount as the Secretary of State may determine.

Staff U.K.

5 (1) The Commission shall, after consulting the Secretary of State, appoint a person as chief executive. U.K.

(2) The appointment shall be on such terms and conditions of service as the Minister for the Civil Service may approve.

(3) The Commission may, with the approval of the Minister for the Civil Service as to numbers and terms and conditions of service, appoint such other staff as it considers appropriate.

Committees U.K.

6 (1) The Commission may establish committees and any committee of the Commission may establish sub-committees. U.K.

(2) The members of a committee of the Commission may include persons who are not members of the Commission (and the members of a sub-committee may include persons who are not members of the committee).

Proceedings etc. U.K.

7 (1) The Commission may regulate its own procedure (including quorum). U.K.

(2) The validity of anything done by the Commission shall not be affected by a vacancy among its members or by a defect in the appointment of a member.

8 (1) The application of the common seal of the Commission shall be authenticated by the signature of the chief executive, another member of the Commission or some other person who has been authorised for that purpose (whether generally or specifically) by the Commission. U.K.

(2) Sub-paragraph (1) does not apply in relation to any document which is or is to be signed in accordance with the law of Scotland.

9 U.K. A document purporting to be duly executed under the seal of the Commission, or signed on its behalf, shall be received in evidence and, unless the contrary is proved, be taken to be so executed or signed.

Delegation U.K.

10 (1) Anything authorised or required to be done by the Commission may be done by— U.K.

(a) any member, or member of staff, of the Commission who is authorised by the Commission for that purpose (whether generally or specifically), or

(b) any committee of the Commission which has been so authorised.

(2) In sub-paragraph (1)(b) “committee of the Commission” does not include a committee whose members include any person who is not a member, or a member of staff, of the Commission.

Supplementary powers U.K.

11 (1) The Commission has power to do anything (except borrow money) which is calculated to facilitate, or is incidental or conducive to, the performance of any of its functions. U.K.

(2) That power includes, in particular, the formation of advisory bodies.

Section 2(3).

SCHEDULE 2 U.K. The Consumer Council for Postal Services

Membership U.K.

1 (1) The Council shall consist of the following members— U.K.

(a) a chairman appointed by the Secretary of State,

(b) the chairmen of the regional committees established under section 54(4)(a) and the chairman of any committee for England established under section 54(4)(c), and

(c) such number of other persons appointed by the Secretary of State as he may from time to time determine.

(2) The Secretary of State shall consult the chairman of the Council before making an appointment or a determination under sub-paragraph (1)(c).

(3) In appointing persons under this paragraph or paragraph 2(1)(a), the Secretary of State shall have regard to the desirability of including among the members of the Council one or more persons who—

(a) have experience of work among, and the special needs of, disabled people, or

(b) have or have had a disability.

Committees U.K.

2 (1) A regional committee established under section 54(4)(a) and any committee for England established under section 54(4)(c) shall consist of the following members— U.K.

(a) a chairman appointed by the Secretary of State after consulting the chairman of the Council, and

(b) other persons appointed by the Council.

(2) A regional committee established under section 54(4)(b) and a regional committee (other than a committee for England) established under section 54(4)(c) shall consist of the following members—

(a) a chairman appointed by the Council after consulting the Secretary of State, and

(b) other persons appointed by the Council.

(3) The number of persons appointed under sub-paragraph (1)(b) or (2)(b) shall not be greater than the number for the time being determined by the Council, with the approval of the Secretary of State, in relation to that committee.

3 (1) The Council shall not— U.K.

(a) establish any committee under section 54(4)(b) or (c) (other than a committee for England),

(b) abolish any such committee, or

(c) vary the area for which such a committee is established,

except with the approval of the Secretary of State and, subject to sub-paragraph (5), after complying with the requirements of sub-paragraphs (2) to (4).

(2) If the Council proposes to do anything mentioned in sub-paragraph (1), the Council shall—

(a) after consulting the Secretary of State, publish a notice in such manner as the Council considers appropriate for bringing it to the attention of persons likely to be affected by the proposal, and

(b) consider any representations made in accordance with the notice (and not withdrawn).

(3) The notice shall—

(a) describe the proposal, and

(b) state the period (not less than two months starting with the date of publication of the notice) within which representations may be made in relation to the proposal.

(4) The Secretary of State shall not give his approval under sub-paragraph (1) until after the expiry of the period stated in the notice.

(5) The requirements of sub-paragraphs (2) to (4) do not apply to the establishment of any committee within the period of two months beginning with the day on which section 54(4) comes into force.

4 (1) The Council may establish other committees. U.K.

(2) Any committee of the Council may establish sub-committees.

(3) The members of a committee of the Council may include persons who are not members of the Council (and the members of a sub-committee may include persons who are not members of the committee).

Terms of appointment of members U.K.

5 U.K. Subject to this Schedule, the chairman of the Council, chairmen of regional committees established under section 54(4)(a), the chairman of any committee for England established under section 54(4)(c) and other members of the Council shall hold and vacate office in accordance with the terms of their respective appointments.

6 (1) A person holding office as chairman of the Council, chairman of a regional committee established under section 54(4)(a), chairman of any committee for England established under section 54(4)(c) or other member of the Council may resign his office by giving notice to the Secretary of State. U.K.

(2) The Secretary of State may remove a person from any such office on the ground of incapacity or misbehaviour.

(3) Where a person ceases to hold office as chairman of the Council or of a regional committee established under section 54(4)(a) or of any committee for England established under section 54(4)(c), he shall cease to be a member of the Council.

(4) No person shall be prevented from being a member of the Council (whether as chairman or otherwise) merely because he has previously been a member of the Council (whether as chairman or otherwise).

Pay and remuneration of members U.K.

7 (1) The Council shall pay the chairman and other members of the Council such remuneration, and such travelling and other allowances, as the Secretary of State may determine. U.K.

(2) The Council may—

(a) with the approval of the Secretary of State, pay any member of a committee or sub-committee who is not a member of the Council such remuneration, and

(b) pay any member of a committee or sub-committee such travelling and other allowances,

as the Council may determine.

(3) The Council may, with the approval of the Secretary of State—

(a) pay to or in respect of any person who is or has been a chairman or other member of the Council or of a committee or sub-committee such pension, allowances or gratuities as the Council may, with the approval of the Secretary of State, determine, or

(b) make such payments as the Council may, with the approval of the Secretary of State, determine towards provision for the payment of a pension, allowance or gratuity to or in respect of such a person.

(4) Where—

(a) a person ceases to hold office as chairman or other member of the Council or of a committee or sub-committee, and

(b) the Council, with the approval of the Secretary of State, determines that there are special circumstances which make it right for that person to receive compensation,

the Council may make a payment to the person by way of compensation of such amount as it may, with the approval of the Secretary of State, determine.

Staff U.K.

8 (1) The Council shall, after consulting the Secretary of State, appoint a person as principal officer. U.K.

(2) The appointment shall be on such terms and conditions of service as the Secretary of State may approve.

(3) The Council may, with the approval of the Secretary of State as to numbers and terms and conditions of service, appoint such other staff as it considers appropriate.

9 (1) The persons to whom section 1 of the M47 Superannuation Act 1972 applies (persons to or in respect of whom benefits may be provided by schemes under that section) shall include the staff of the Council. U.K.

(2) The Council shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the M48 Superannuation Act 1972.

Marginal Citations

M47 1972 c. 11.

M48 1972 c. 11.

Proceedings etc. U.K.

10 (1) The Council may regulate its own procedure (including quorum). U.K.

(2) The validity of anything done by the Council shall not be affected by a vacancy among its members or by a defect in the appointment of a member.

11 (1) The application of the common seal of the Council shall be authenticated by the signature of the principal officer, the chairman or a member of the Council, or some other person who has been authorised for that purpose (whether generally or specifically) by the Council. U.K.

(2) Sub-paragraph (1) does not apply in relation to any document which is or is to be signed in accordance with the law of Scotland.

12 U.K. A document purporting to be duly executed under the seal of the Council, or signed on its behalf, shall be received in evidence and, unless the contrary is proved, be taken to be so executed or signed.

Delegation U.K.

13 U.K. Anything authorised or required to be done by the Council may be done by—

(a) any member, or member of staff, of the Council who is authorised by the Council for that purpose (whether generally or specifically), or

(b) any committee of the Council which has been so authorised.

Supplementary powers U.K.

14 U.K. The Council has power to do anything (except borrow money) which is calculated to facilitate, or is incidental or conducive to, the performance of any of its functions.

Accounts and expenses U.K.

15 U.K. The Council shall comply with any notice given to it by the Secretary of State with the approval of the Treasury requiring it to perform duties of a financial nature specified in the notice.

16 (1) The Council shall prepare, in respect of each financial year, a statement of accounts giving a true and fair view of the state of affairs and the income and expenditure of the Council. U.K.

(2) The statement of accounts shall comply with any requirement notified to the Council by the Secretary of State with the approval of the Treasury.

(3) The Council shall send a copy of each statement of accounts prepared under this paragraph to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year to which it relates as the Secretary of State may specify by notice given to the Council.

(4) The Comptroller and Auditor General shall—

(a) examine, certify and report on each statement of accounts received by him under sub-paragraph (3), and

(b) lay a copy of each such statement of accounts, and of his report on it, before each House of Parliament.

17 U.K. The Secretary of State may pay such amounts in respect of the expenses of the Council as he may determine.

Section 62(6).

SCHEDULE 3 U.K. Transfer to the Post Office company: supplementary provisions

General provisions as to vesting of property etc. U.K.

1 (1) 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 Post Office company. U.K.

(2) 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 Post Office company in so far as that is required for continuing its effect on or after the appointed day.

(3) 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.

(4) 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—

(a) any references (including references which are to be construed as such references) to the Post Office were references to the Post Office company, and

(b) 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 Post Office company may appoint or, in default of appointment, to a person with corresponding functions serving the Post Office company.

(5) 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.

(6) Sub-paragraphs (1) to (4) are subject to any provision made by or under this Act.

Pensions U.K.

2 (1) The Post Office company shall, on and after the appointed day, be liable to make payments of the same descriptions as the descriptions of payments which, immediately before that day, the Post Office was liable to make under sections 44 and 46 of the M49 Post Office Act 1969 (pension payments for certain former civil servants). U.K.

(2) Sub-paragraph (1) is without prejudice to the generality of the transfer effected by virtue of section 62.

Marginal Citations

M49 1969 c. 48.

3 U.K. Section 6(2) of the M50 Commonwealth Telegraphs Act 1949 (which provides for the making of regulations with respect to the payment of pensions to, or in respect of, employees of Cable and Wireless Limited) shall have effect as if, in paragraph (c) and sub-paragraphs (iv), (v) and (vi) of paragraph (d), references which include references to the successor company (within the meaning of the M51 Telecommunications Act 1984) included references to the Post Office company.

Marginal Citations

M50 1949 c. 39.

M51 1984 c. 12.

4 (1) Trustees appointed by the Post Office company shall hold moneys held immediately before the appointed day by virtue of section 47(10) of the M52 Post Office Act 1969 (moneys paid to the Post Office to meet certain pension liabilities), and any sums accruing as a result of the investment of such money, on such relevant trusts as the Post Office company may declare. U.K.

(2) For the purposes of sub-paragraph (1)—

(a) 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 Post Office company, and

(b) 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 the Post Office company.

(3) Subject to that, for the purposes of sub-paragraph (1), trusts are relevant trusts if their objects consist in—

(a) 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 Post Office company or any company associated with the Post Office company as may be specified in the trusts, and

(b) the reimbursement of the Post Office company for sums paid under paragraph 2,

and include the objects of the first relevant trusts.

Marginal Citations

M52 1969 c. 48.

Welfare funds U.K.

5 (1) This paragraph applies to— U.K.

(a) 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

(b) a society or organisation (however described) whose objects are similar.

(2) In sub-paragraph (1) “Post Office beneficiaries” means any or all of the following persons—

(a) persons who are, or have been, engaged in the business of the Post Office,

(b) the relatives or dependants of such persons.

(3) 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).

(4) The provisions may be altered so as—

(a) to permit persons who are, or have been, engaged in the business of the Post Office company, or such persons of a particular description, to become members of, or subscribers to, the fund, society or organisation,

(b) 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 the Post Office company were being engaged in the business of the Post Office.

(5) No alteration may be made that alters the character of the fund, society or organisation.

(6) If a resolution of the managers of a fund, society or organisation to which this paragraph applies so provides—

(a) 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 the Post Office company, and

(b) 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 the Post Office company or (as the case may be) persons of a corresponding description so engaged.

(7) In this paragraph “managers” in relation to a fund, society or organisation, means the trustees, committee or other persons entrusted with its management.

Third party rights relating to land U.K.

6 (1) No relevant land right shall operate or become exercisable as a result of the transfer effected by virtue of section 62. U.K.

(2) In this paragraph “relevant land right” means any of the following rights relating to land—

(a) a right of reverter (or, in Scotland, the right of the fiar on the termination of a liferent),

(b) a right of pre-emption,

(c) a right of forfeiture,

(d) a right of re-entry,

(e) a right of irritancy,

(f) an option, and

(g) a right similar to anything falling within paragraphs (a) to (f).

(3) A relevant land right shall have effect, in the case of the transfer effected by virtue of section 62, as if—

(a) the Post Office company were the same person in law as the Post Office, and

(b) no transfer of the land had taken place.

(4) Such compensation as is just shall be paid by the Post Office company to any person in respect of any relevant land right which would, apart from sub-paragraphs (1) to (3), have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of those sub-paragraphs, cannot subsequently operate in his favour or (as the case may be) become exercisable by him.

(5) 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—

(a) an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),

(b) 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

(c) an arbitrator appointed by the Lord Chancellor (if the proceedings are to be held in Northern Ireland).

Other third party property rights U.K.

7 (1) This paragraph applies where— U.K.

(a) any rights or liabilities of a third party which were enforceable against or by the Post Office have by virtue of this Part of this Act become enforceable against or by the Post Office company, and

(b) the value of any property or interest of the third party is diminished as a result.

(2) Such compensation as is just shall be paid by the Post Office company.

(3) 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—

(a) an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),

(b) 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

(c) an arbitrator appointed by the Lord Chancellor (if the proceedings are to be held in Northern Ireland).

(4) In this paragraph “third party” means any person other than the Post Office and the Post Office company.

Requisitions on title as to Treasury consent U.K.

8 U.K. A person dealing with the Post Office company in respect of land transferred to it by virtue of section 62 shall not be bound or entitled to inquire whether the consent of the Treasury to any previous dealing with the land was needed or whether, if it was, it was given.

Vesting of foreign property etc. U.K.

9 (1) The Post Office and the Post Office company shall take, as and when during the transitional period the Post Office company considers appropriate, all such steps as may be necessary to secure that the vesting in the Post Office company by virtue of section 62 or this paragraph of any foreign property, right or liability is effective under the relevant foreign law. U.K.

(2) Until the vesting in the Post Office company by virtue of section 62 or this paragraph of any foreign property, right or liability is effective under the relevant foreign law, the Post Office shall during the transitional period—

(a) hold that property or right for the benefit of the Post Office company, or

(b) discharge that liability on behalf of the Post Office company.

(3) Nothing in sub-paragraphs (1) and (2) shall be taken as prejudicing the effect under the law of the United Kingdom, or of any part of the United Kingdom, of the vesting in the Post Office company by virtue of section 62 or this paragraph of any foreign property, right or liability.

(4) The Post Office shall, subject to sub-paragraphs (5) and (6), have all such powers as may be necessary for the performance of its duties under this paragraph.

(5) The Post Office company shall during the transitional period act on behalf of the Post Office (so far as possible) in performing the duties imposed on the Post Office by this paragraph.

(6) Any foreign property, rights and liabilities acquired or incurred by the Post Office during the transitional period shall immediately become property, rights and liabilities of the Post Office company.

(7) References in this paragraph to any foreign property, right or liability are references to any property, right or liability as respects which any issue arising in any proceedings would have been determined (in accordance with the rules of private international law) by reference to the law of a country or territory outside the United Kingdom.

(8) Any expenses incurred by the Post Office under this paragraph shall be met by the Post Office company.

Interpretation U.K.

10 U.K. The period of the continued existence of the Post Office after the appointed day is referred to in this Schedule as “the transitional period”.

Section 81.

SCHEDULE 4 U.K. Transfer to the Post Office company: tax

Corporation tax: general U.K.

1 U.K. The Post Office company shall, on and after the appointed day, be treated for all purposes of corporation tax as if it were the same person as the Post Office.

Shares and other securities U.K.

2 U.K. Any share issued by the Post Office company or any of its wholly owned subsidiaries in pursuance of section 63 shall be treated for the purposes of the Corporation Tax Acts as if it had been issued wholly in consideration of a subscription paid to the company concerned of an amount equal to the nominal value of the share.

3 U.K. Any security (other than a share) issued by the Post Office company or any of its wholly owned subsidiaries in pursuance of section 63 or 74 shall be treated for the purposes of the Corporation Tax Acts as if it had been issued wholly in consideration of a loan made to the company concerned of an amount equal to the principal sum payable under the security.

Debt U.K.

4 U.K. Any debt assumed by the Post Office company under section 74(1) shall be treated for the purposes of the Corporation Tax Acts as if it had been assumed wholly in consideration of a loan made to the company of an amount equal to the principal sum payable under the debt.

Transfer arrangements U.K.

5 U.K. The existence or exercise of the powers of the Secretary of State under section 62 shall not be regarded as constituting or creating arrangements within the meaning of section 410 of the M53 Income and Corporation Taxes Act 1988 (arrangements for the transfer of a company to another group or consortium).

Marginal Citations

M53 1988 c. 1.

Tax-free benefits U.K.

6 U.K. Nothing in this Part and nothing done under it shall be regarded as a scheme or arrangement for the purposes of section 30 of the M54 Taxation of Chargeable Gains Act 1992 (tax-free benefits).

Marginal Citations

M54 1992 c. 12.

Assets acquired by the Post Office in 1969 U.K.

7 U.K. The Act of 1992 shall apply in relation to a disposal by the Post Office company of an asset acquired by the Post Office by virtue of Part III of the M55 Post Office Act 1969 as if the acquisition or provision of the asset by the Crown had been the acquisition or provision of it by the Post Office company.

Marginal Citations

M55 1969 c. 48.

Value added tax U.K.

8 U.K. The Post Office company shall, on and after the appointed day, be treated for all purposes of value added tax as if it were the same person as the Post Office.

Stamp duty U.K.

9 U.K. No transfer effected by virtue of section 62 shall give rise to any liability to stamp duty.

Section 95.

SCHEDULE 5 U.K. Acquisition of land

Part I U.K. Powers of acquisition etc

England and Wales U.K.

1 (1) The Secretary of State may authorise a universal service provider to purchase compulsorily any land in England and Wales required for any purpose in connection with the provision of a universal postal service. U.K.

(2) The power of purchasing land compulsorily under this paragraph includes power to acquire, by creation of a new right, an easement or other right over land.

(3) Any land in England and Wales vested in a universal service provider by virtue of this Schedule shall be deemed for all purposes to have been acquired by him for the purposes of his undertaking as a universal service provider.

Scotland U.K.

2 (1) The Secretary of State may authorise a universal service provider to purchase compulsorily any land in Scotland required for any purpose in connection with the provision of a universal postal service. U.K.

(2) The power of purchasing land compulsorily under this paragraph includes power to acquire, by creation of a new right, a servitude or other right over land.

(3) Any land in Scotland vested in a universal service provider by virtue of this Schedule shall be deemed for all purposes to have been acquired by him for the purposes of his undertaking as a universal service provider.

Northern Ireland U.K.

3 (1) Where a universal service provider proposes to acquire, otherwise than by agreement, any land in Northern Ireland— U.K.

(a) which is required by the universal service provider for any purpose in connection with the provision of a universal postal service, or

(b) as to which it can reasonably be foreseen that it will be so required,

the universal service provider may apply to the Secretary of State for an order vesting the land in him, and the Secretary of State shall have power to make such an order.

(2) The power of acquiring land compulsorily under this paragraph includes power to acquire, by the creation of a new right, an easement or other right over land.

(3) The Secretary of State shall consult the First Minister and the deputy First Minister in Northern Ireland before exercising his power to make an order under this paragraph in respect of land which—

(a) is the property of any public body which has power under any enactment to acquire land compulsorily, or

(b) is declared by or under any enactment to be inalienable,

where representations objecting to the proposal for making the order have been duly made by the owner of the land and not withdrawn.

(4) Any land in Northern Ireland vested in a universal service provider by virtue of this Schedule shall be deemed for all purposes to have been acquired by him for the purposes of his undertaking as a universal service provider.

(5) Section 122(1) does not apply to an order of the Secretary of State under this paragraph.

(6) In this paragraph—

• “land” has the meaning given by section 45(1)(a) of the M56 Interpretation Act (Northern Ireland) 1954, and

• “public body” means a body established by or under any enactment.

Marginal Citations

M56 1954 c. 33 (N.I.) .

Part II U.K. Procedure, compensation etc (England and Wales)

Application of Acquisition of Land Act 1981 U.K.

4 (1) The M57 Acquisition of Land Act 1981 shall apply to any compulsory purchase by a universal service provider of land or rights in England and Wales. U.K.

(2) Schedule 3 to that Act shall apply in the case of a compulsory acquisition by a universal service provider of a right by the creation of a new right.

Marginal Citations

M57 1981 c. 67.

New rights: Compulsory Purchase Act 1965 U.K.

5 U.K. The M58 Compulsory Purchase Act 1965 shall have effect with the modifications necessary to make it apply to a universal service provider’s compulsory acquisition of a right in England and Wales by the creation of a new right as it applies to the compulsory acquisition of land, so that, in appropriate contexts, references in that Act to land are to be read as referring, or as including references, to—

(a) the right acquired or to be acquired, or

(b) land over which the right is or is to be exercisable,

according to the requirements of the particular context.

Marginal Citations

M58 1965 c. 56.

New rights: specific adaptations of 1965 Act U.K.

6 U.K. Without prejudice to the generality of paragraph 5, Part I of the M59 Compulsory Purchase Act 1965 shall apply in relation to a universal service provider’s compulsory acquisition of a right in England and Wales by the creation of a new right with the modifications specified in paragraphs 7 to 12.

Marginal Citations

M59 1965 c. 56.

7 U.K. For section 7 of that Act (measure of compensation) there shall be substituted the following section—

“7. In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.”

8 U.K. In section 8 of that Act (protection for vendor against severance of house, garden, etc.), for subsection (1) there shall be substituted—

“(1) Subject to subsections (1A) to (1C), no person shall be required to grant any right over part only—

(a) of any house, building or manufactory, or

(b) of a park or garden belonging to a house,

if he is willing to sell the whole of the house, building, manufactory, park or garden.

(1A) The Lands Tribunal may determine that—

(a) in the case of a house, building or manufactory, the part over which the right is proposed to be acquired can be made subject to that right without material detriment to the house, building or manufactory, or

(b) in the case of a park or garden, the part over which the right is proposed to be acquired can be made subject to that right without seriously affecting the amenity or convenience of the house.

(1B) If the Lands Tribunal make such a determination, the Tribunal shall award compensation in respect of any loss due to the acquisition of the right, in addition to its value; and the owner shall be required to grant to the acquiring authority that right over the part of the house, building, manufactory, park or garden.

(1C) In considering for the purposes of subsection (1A)—

(a) the extent of any material detriment to a house, building or manufactory, or

(b) any extent to which the amenity or convenience of a house is affected,

the Lands Tribunal shall have regard not only to the right which is to be acquired over the land, but also to any adjoining or adjacent land belonging to the same owner and subject to compulsory purchase.”

9 (1) The provisions of that Act referred to in sub-paragraph (2) (being provisions stating the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) shall be modified in accordance with sub-paragraph (3). U.K.

(2) The provisions are—

section 9(4) (refusal by owners to convey),

• Schedule 1, paragraph 10(3) (owners under incapacity),

• Schedule 2, paragraph 2(3) (absent and untraced owners), and

• Schedule 4, paragraphs 2(3) and 7(2) (common land).

(3) The provisions shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

10 U.K. Section 11 of that Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, the acquiring authority have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on sheriff’s warrant in the event of obstruction) shall be modified correspondingly.

11 U.K. Section 20 of that Act (protection for interests of tenants at will etc.) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

12 U.K. Section 22 of that Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

New rights: compensation U.K.

13 U.K. The enactments in force in England and Wales with respect to compensation for the compulsory purchase of land shall apply with the necessary modifications as respects compensation in the case of a universal service provider’s compulsory acquisition of a right by the creation of a new right as they apply to compensation on the compulsory purchase of land and interests in land.

Part III U.K. Procedure, compensation etc (Scotland)

Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 U.K.

14 U.K. The M60 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to the compulsory purchase by a universal service provider of land or rights in Scotland as if he were a local authority within the meaning of that Act, and as if this Act had been in force immediately before the commencement of that Act.

Marginal Citations

M60 1947 c. 42.

New rights: application of 1947 Act and incorporated enactments U.K.

15 U.K. The M61 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, and the enactments incorporated with this Act by virtue of paragraph 14 above and paragraph 1 of the Second Schedule to that Act, shall have effect with the modifications necessary to make them apply to a universal service provider’s compulsory acquisition of a right in Scotland by the creation of a new right as they apply to the compulsory acquisition of land, so that, in appropriate contexts, references in those enactments and that Act to land are to be read as referring, or as including references, to—

(a) the right acquired or to be acquired, or

(b) land over which the right is or is to be exercisable,

according to the requirements of the particular context.

Marginal Citations

M61 1947 c. 42.

New rights: specific adaptations of 1947 Act U.K.

16 U.K. Without prejudice to the generality of paragraph 15 above, Part III of the First Schedule to the M62 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (requirement of special parliamentary procedure, and other special provisions, in the case of acquisition of certain descriptions of land) shall apply in relation to a universal service provider’s compulsory acquisition of a right in Scotland by the creation of a new right with the modifications specified in paragraphs 17 to 21 below.

Marginal Citations

M62 1947 c. 42.

17 U.K. In paragraph 9 of that Schedule (compulsory purchase affecting land of the National Trust for Scotland) for references to the compulsory purchase of land there shall be substituted references to the compulsory acquisition of rights over land.

18 U.K. In paragraph 10 of that Schedule (land of statutory undertakers)—

(a) for the words “land comprised in the order” there shall be substituted the words “ land over which a right is to be acquired by virtue of the order ”,

(b) for the words “purchase of” there shall be substituted the words “ acquisition of a right over ”,

(c) for the words “it can be purchased and not replaced” there shall be substituted the words “ the right can be acquired ”,

(d) for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

“(ii) that any detriment to the carrying on of the undertaking, in consequence of the acquisition of the right, can be made good by the undertakers by the use of other land belonging to, or available for acquisition by, them”,

and

(e) the references to “the Scottish Ministers” (as substituted by the M63 Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999), however expressed, shall be construed as references to the Secretary of State.

Marginal Citations

M63 S.I. 1999/1820.

19 U.K. In paragraph 11 of that Schedule (common or open space), for sub-paragraph (1) there shall be substituted the following sub-paragraph—

“(1) In so far as a compulsory purchase order authorises the acquisition of a right over land forming part of a common or open space, it shall be subject to special parliamentary procedure unless the Secretary of State is satisfied—

(a) that the land, when burdened with that right, will be no less advantageous to those persons in whom it is vested and other persons, if any, entitled to rights of common or other rights, and to the public, than it was before,

(b) that there has been or will be given in exchange for the right additional land which will as respects the persons in whom there is vested the land over which the right is to be acquired, the persons, if any, entitled to rights of common or other rights over that land, and the public, be adequate to compensate them for the disadvantages which result from the acquisition of the right, and that the additional land has been or will be vested in the persons in whom there is vested the land over which the right is to be acquired, and subject to the like rights, trusts and incidents as attach to that land apart from the compulsory purchase order, or

(c) that the land affected by the right to be acquired does not exceed 210 square metres in extent, and that the giving of other land in exchange for the right is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public,

and certifies accordingly.”

20 U.K. Paragraph 3(1) of the Second Schedule to the M64 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall be so modified as to secure that, as from the date on which the universal service provider has served notice to treat in respect of any right, he has power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice).

Marginal Citations

M64 1947 c. 42.

21 U.K. For paragraph 4 of that Schedule (protection for owner against severance of property) there shall be substituted the following paragraphs—

“4. No person shall be required to grant any right over part only—

(a) of any house, building or manufactory, or

(b) of a park or garden belonging to a house,

if he is willing to sell the whole of the house, building, manufactory, park or garden, unless the Lands Tribunal for Scotland determines that—

(i) in the case of a house, building or manufactory, the part over which the right is proposed to be acquired can be made subject to that right without material detriment to the house, building or manufactory, or

(ii) in the case of a park or garden, the part over which the right is proposed to be acquired can be made subject to that right without seriously affecting the amenity or convenience of the house,

and if it so determines, it shall award compensation in respect of any loss due to the acquisition of the right, in addition to its value; and thereupon the party interested shall be required to grant to the acquiring authority that right over the part of the house, building, manufactory, park or garden.

4A. In considering, for the purposes of paragraph 4 above, the extent of any material detriment to a house, building or manufactory, or any extent to which the amenity or convenience of a house is affected, the Lands Tribunal for Scotland shall have regard not only to the right which is to be acquired over the land, but also to any adjoining or adjacent land belonging to the same owner and subject to compulsory purchase.”

New rights: specific adaptations of Lands Clauses Consolidation (Scotland) Act 1845 U.K.

22 U.K. Without prejudice to the generality of paragraph 15 above, the M65 Lands Clauses Consolidation (Scotland) Act 1845 shall apply in relation to a universal service provider’s compulsory acquisition of a right in Scotland by the creation of a new right with the modifications specified in paragraphs 23 to 26 below.

Marginal Citations

M65 1845 c. 19.

23 U.K. For section 61 of that Act (estimation of compensation) there shall be substituted the following section—

“61. In estimating the purchase money or compensation to be paid by the universal service provider under the special Act, in any of the cases aforesaid, regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right, but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.”

24 U.K. The following provisions of that Act (being provisions stating the effect of a notarial instrument or of a disposition executed in various circumstances where there is no conveyance by persons with interests in the land)—

• section 74 (failure by owner to convey),

• section 76 (refusal to convey or show title or owner cannot be found), and

• section 98 (vesting of common land),

shall be so modified as to secure that, as against persons with interests in the land over which the right is to be compulsorily acquired, such right is vested absolutely in the universal service provider.

25 U.K. Sections 114 (compensation to be made to tenants for a year etc.) and 115 (compensation where greater interest than tenant for a year) of that Act shall apply with the modifications necessary to secure that persons with such interests as are mentioned in those sections are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

26 U.K. Sections 117 (protection of promoter of undertaking where by inadvertence an interest in land has not been purchased etc.) and 118 (provisions supplementary to section 117) of that Act shall be so modified as to enable the universal service provider, in circumstances corresponding to those referred to in those sections, to continue to be entitled to exercise the right acquired, subject to compliance with those sections as respects compensation.

New rights: compensation U.K.

27 U.K. The enactments in force in Scotland with respect to compensation for the compulsory purchase of land shall apply as respects compensation in the case of a universal service provider’s compulsory acquisition of a right by the creation of a new right as they apply to compensation on the compulsory purchase of land and interests in land.

Part IV U.K. Procedure, compensation etc (Northern Ireland)

28 U.K. For the purposes of the acquisition of land by means of a vesting order under paragraph 3 of this Schedule, Schedule 6 to the M66 Local Government Act (Northern Ireland) 1972 and Schedule 8 to the M67 Health and Personal Social Services (Northern Ireland) Order 1972 are incorporated in this Act subject to the modifications in paragraph 29.

Marginal Citations

M66 1972 c. 9 (N.I.).

M67 S.I. 1972/1265 (N.I. 14).

29 U.K. The modifications mentioned in paragraph 28 are—

(a) for any reference in Schedule 6 to a council there shall be substituted a reference to the universal service provider,

(b) for any reference in Schedule 6 or Schedule 8 to the Department there shall be substituted a reference to the Secretary of State,

(c) for any reference in Schedule 6 to the Act or in Schedule 8 to the Order there shall be substituted a reference to this Act,

(d) in paragraph 6(2) of Schedule 6, for the words from “the fund” onwards there shall be substituted the words “ funds of the universal service provider (in this Schedule referred to as “the compensation fund”) and shall be discharged by payments made by the universal service provider ”,

(e) in paragraph 12(2) of Schedule 6, for the words “the clerk of the council” there shall be substituted “ such person as may be designated for the purposes of this Schedule by the universal service provider ”.

30 U.K. The enactments for the time being in force relating to the assessment of compensation in respect of land vested in a district council by an order made under Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall, subject to any necessary modifications, apply in relation to any land vested in a universal service provider by a vesting order made under paragraph 3 of this Schedule.

Section 95.

SCHEDULE 6 U.K. Further provisions relating to land

Power to place post-boxes etc in streets U.K.

1 (1) A universal service provider may, for any purpose in connection with the provision of a universal postal service, execute in a street works of any of the kinds mentioned in sub-paragraph (2). U.K.

(2) The kinds of works are—

(a) placing a universal postal service letter box or a universal postal service pouch-box in a street,

(b) inspecting, maintaining, adjusting, repairing, altering or renewing such apparatus which has been so placed, changing its position or removing it,

(c) works needed for, or incidental to, the purposes of any works falling within paragraph (a) or (b) (including, in particular, breaking up or opening a street).

(3) Accordingly, Part III of the M68 New Roads and Street Works Act 1991 (street works in England and Wales), and the M69 Street Works (Northern Ireland) Order 1995, apply in relation to undertakers’ works in exercise of a power conferred by this paragraph.

(4) For the avoidance of doubt, references in Part III of the Act of 1991 or the Order of 1995 to apparatus shall be construed as including universal postal service letter boxes and universal postal service pouch-boxes.

(5) Subject to sub-paragraphs (6) and (7), sub-paragraph (1) authorises the universal service provider concerned to execute works of any of the kinds mentioned in sub-paragraph (2) without obtaining any consent which would otherwise be required to be given by the street authority in its capacity as such and, in the case of a maintainable highway, in its capacity as owner.

(6) Sub-paragraph (5) is without prejudice to—

(a) the provisions of Part III of the Act of 1991, or the provisions of the Order of 1995, as to the making of requirements by the street authority or as to the settlement of a plan and section and the execution of the works in accordance with them,

(b) section 61 of the Act of 1991 or Article 21 of the Order of 1995 (consent required for protected streets).

(7) Sub-paragraph (1) does not free the universal service provider concerned from obtaining any other consent, licence or permission which may be required.

(8) This paragraph binds the Crown.

(9) In this paragraph references to doing anything in a street shall be construed as including references to doing anything under, over, across, along or upon the street.

(10) In this paragraph—

• “maintainable highway”—

  (a)

  in England and Wales, has the same meaning as in Part III of the Act of 1991 and includes a street in respect of which a declaration has been made under section 87 of that Act (prospectively maintainable highways), and

  (b)

  in Northern Ireland, means a road (within the meaning of the Order of 1995) and includes a street in respect of which a declaration has been made under Article 46 of that Order (prospective roads),

• “street” and “street authority”—

  (a)

  in England and Wales, have the same meaning as in Part III of the Act of 1991, and

  (b)

  in Northern Ireland, have the same meaning as in the Order of 1995, and

• “universal postal service pouch-box” means any box or receptacle provided by a universal service provider for the temporary storage of postal packets in the course of transmission by post pending their collection for immediate delivery by a person who is in the course of delivering postal packets in connection with the provision of a universal postal service.

(11) In the application of this paragraph to Scotland—

(a) references to streets shall be construed as references to roads and references to street authority shall be construed as references to road works authority,

(b) “maintainable highway” means a public road within the meaning of Part IV of the Act of 1991 and includes a road in respect of which a declaration has been made under section 146 of that Act (prospective public roads),

(c) “road” and “road works authority” have the same meaning as in Part IV of the Act of 1991,

(d) in sub-paragraph (3) for the words from “Part III” to “apply” there shall be substituted “ Part IV of the M70 New Roads and Street Works Act 1991 (road works in Scotland) applies ”,

(e) in sub-paragraph (4) for the words from “Part III” to “1995” there shall be substituted “ Part IV of the Act of 1991 ”,

(f) in sub-paragraph (6)(a) for the words from “Part III” to “1995,” there shall be substituted “ Part IV of the Act of 1991 ”, and

(g) in sub-paragraph (6)(b) for the words from “61” to “of 1995” there shall be substituted “ 120 of the Act of 1991 ”.

Marginal Citations

M68 1991 c. 22.

M69 S.I. 1995/3210 (N.I.19).

M70 1991 c. 22.

Entry on land for exploratory purposes U.K.

2 (1) A person authorised in writing by a universal service provider may, at any reasonable time, enter upon and survey any land for the purpose of ascertaining whether the land would be suitable for use for any purpose in connection with the provision of a universal postal service. U.K.

(2) The power to survey land conferred by this paragraph includes power to search and bore for the purpose of ascertaining the nature of the subsoil.

(3) The powers conferred by this paragraph shall not be exercisable in relation to land which is covered by a building or will be so covered on the assumption that any planning permission which is in force is acted on.

(4) In this paragraph “building” includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with a building.

3 (1) A person authorised to enter upon any land under paragraph 2 shall not demand to do so as of right unless— U.K.

(a) 28 days notice of the intended entry has been given to the occupier, and

(b) if required to do so, he has produced evidence of his authority and has stated the purpose of his entry.

(2) No person may carry out works authorised by paragraph 2(2) unless notice of the proposed works was included in the notice given under sub-paragraph (1).

(3) If the land in question is held by statutory undertakers and they object to the works on the ground that the carrying out of the works would be seriously detrimental to the carrying on of their undertaking, the authority of the appropriate Minister shall be required for the carrying out of works authorised by paragraph 2(2).

(4) In sub-paragraph (3) as it relates to England and Wales—

• “appropriate Minister” means the person indicated by section 265 of the M71 Town and Country Planning Act 1990,

• “statutory undertakers” means any persons who, by virtue of section 262 of the M72 Town and Country Planning Act 1990, are or are treated as statutory undertakers for the purposes of that Act or any provision of that Act.

(5) In that sub-paragraph as it relates to Scotland—

• “appropriate Minister” means—

  (a)

  in relation to any function which, by virtue of section 53 of the M73 Scotland Act 1998, is exercisable by them as the appropriate Minister within the meaning of section 217 of the M74 Town and Country Planning (Scotland) Act 1997, the Scottish Ministers,

  (b)

  in any other case, the Minister indicated by that section,

• “statutory undertakers” means any persons who, by virtue of section 214 of the M75 Town and Country Planning (Scotland) Act 1997, are or are treated as statutory undertakers for the purposes of that Act or any provision of that Act.

and this sub-paragraph has effect notwithstanding the repeal of section 217 of the M76 Town and Country Planning (Scotland) Act 1997 by paragraph 127(3) of Schedule 2 to the M77 Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999.

(6) In that sub-paragraph as it relates to Northern Ireland—

• “appropriate Minister” means—

  (a)

  in relation to a statutory undertaker carrying on any railway, road transport or dock or harbour undertaking or the airport operator (within the meaning of the M78 Airports (Northern Ireland) Order 1994) of any airport to which Article 25 of that Order applies, the Minister for Regional Development,

  (b)

  in relation to a statutory undertaker carrying on any water transport or inland navigation, the Minister of Culture, Arts and Leisure,

  (c)

  in any other case, the Minister of Enterprise, Trade and Investment,

• “statutory undertaker” has the same meaning as in Article 2(2) of the M79 Planning (Northern Ireland) Order 1991.

Marginal Citations

M71 1990 c. 8.

M72 1990 c. 8.

M73 1998 c. 46.

M74 1997 c. 8.

M75 1997 c. 8.

M76 1997 c. 8.

M77 S.I. 1999/1820.

M78 S.I. 1994/426 (N.I. 1).

M79 S.I. 1991/1220 (N.I. 11).

4 (1) Any person who intentionally obstructs a person acting in the exercise of any power conferred by paragraph 2 shall be guilty of an offence. U.K.

(2) A person who commits an offence under sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

5 (1) If in the exercise of any power conferred by paragraph 2 any damage is caused to land or moveables, any person interested in the land or moveables may recover compensation in respect of that damage from the universal service provider on whose behalf the power is exercised; and if in consequence of the exercise of such a power a person is disturbed in his enjoyment of any land or moveables, he may recover compensation from the universal service provider in respect of that disturbance. U.K.

(2) In relation to England and Wales, any question of disputed compensation under sub-paragraph (1) shall be referred to and determined by the Lands Tribunal; and sections 2 and 4 of the M80 Land Compensation Act 1961 shall apply in relation to the determination subject to any necessary modifications.

(3) In relation to Scotland, any question of disputed compensation under sub-paragraph (1) shall be referred to and determined by the Lands Tribunal for Scotland; and sections 9 and 11 of the M81 Land Compensation (Scotland) Act 1963 shall apply in relation to the determination subject to any necessary modifications.

(4) In relation to Northern Ireland, any question of disputed compensation under sub-paragraph (1) shall be referred to and determined by the Lands Tribunal for Northern Ireland; and the determination shall be deemed to be a determination to which section 31 of the M82 Land Development Values (Compensation) Act (Northern Ireland) 1965 applies.

(5) In this paragraph “moveables” means—

(a) in relation to England and Wales and Northern Ireland, chattels, and

(b) in relation to Scotland, corporeal moveables.

Marginal Citations

M80 1961 c. 33.

M81 1963 c. 51.

M82 1965 c. 23 (N.I).

Acquisition of land by agreement U.K.

6 U.K. For the purpose of the acquisition by agreement by a universal service provider for any purpose in connection with the provision of a universal postal service of land in England and Wales, the provisions of Part I of the M83 Compulsory Purchase Act 1965 (so far as applicable), other than sections 4 to 8 and section 31, shall apply.

Marginal Citations

M83 1965 c. 56.

7 U.K. For the purpose of the acquisition by agreement by a universal service provider for any purpose in connection with the provision of a universal postal service of land in Scotland, section 188(2) of the M84 Town and Country Planning (Scotland) Act 1997 (incorporation of Lands Clauses Acts) shall, with any necessary modifications, apply for the purposes of this Act as it applies for the purposes of that Act.

Marginal Citations

M84 1997 c. 8.

8 U.K. For the purpose of the acquisition by agreement by a universal service provider for any purpose in connection with the provision of a universal postal service of land in Northern Ireland, the Lands Clauses Acts shall be incorporated with this Act except for sections 127 to 133 (sale of superfluous land) and sections 150 and 151 (access to the special Act) of the M85 Lands Clauses Consolidation Act 1845.

Marginal Citations

M85 1845 c. 18.

Power to sell Duchy of Lancaster land U.K.

9 U.K. If a universal service provider proposes to acquire by agreement any land belonging to Her Majesty in right of the Duchy of Lancaster for any purpose in connection with the provision of a universal postal service, the Chancellor and Council of the Duchy of Lancaster may sell that land to him.

Supplementary U.K.

10 U.K. Any land acquired by agreement by a universal service provider by virtue of any of paragraphs 6 to 9 shall be deemed for all purposes to have been acquired by him for the purposes of his undertaking as a universal service provider.

Section 119.

SCHEDULE 7 U.K. Disclosure of information

Prohibition on disclosure U.K.

1 (1) This Schedule applies to information if— U.K.

(a) it was obtained by virtue of this Act (other than section 62 or 118), and

(b) it relates to the affairs of an individual or to a particular business.

(2) The information shall not be disclosed during the lifetime of the individual or so long as the business is carried on, except as provided below.

Disclosure with consent U.K.

2 U.K. Paragraph 1(2) does not apply to a disclosure made with the consent of the individual or the person for the time being carrying on the business.

Other permitted disclosures U.K.

3 (1) Paragraph 1(2) does not apply to a disclosure made— U.K.

(a) for the purpose of facilitating the carrying out by the Secretary of State, the Treasury, the Commission, the Competition Commission or the Council of any of his or their functions under this Act,

(b) for the purpose of facilitating the carrying out by a person or body mentioned in sub-paragraph (2) of any of his or its functions under an enactment or instrument specified in sub-paragraph (3),

(c) for the purpose of enabling or assisting the Secretary of State, the Treasury, the Department for Enterprise, Trade and Investment in Northern Ireland or the Department of Finance and Personnel in Northern Ireland to exercise any powers conferred by [F25 the Financial Services and Markets Act 2000 ]M86 or by the enactments relating to companies, insurance companies or insolvency,

(d) for the purpose of enabling or assisting an inspector appointed under the enactments relating to companies to carry out his functions,

(e) for the purpose of enabling or assisting an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the M87 Insolvency Act 1986 or Article 350 of the M88 Insolvency (Northern Ireland) Order 1989 to carry out its functions,

(f) for the purpose of facilitating the carrying out by the Health and Safety Commission or the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority (within the meaning of Part I of the M89 Health and Safety at Work etc. Act 1974) of any functions under a relevant statutory provision (within the meaning of that Act),

(g) for the purpose of facilitating the carrying out by the Health and Safety Executive for Northern Ireland of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority (within the meaning of Part I of the M90 Health and Safety at Work (Northern Ireland) Order 1978) of any function under a relevant statutory provision (within the meaning of that Order),

(h) for the purpose of facilitating the carrying out by the Comptroller and Auditor General, or the Comptroller and Auditor General for Northern Ireland, of any of his functions under any enactment,

(i) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings,

(j) for the purposes of any civil proceedings brought by virtue of this Act or any enactment or instrument specified in sub-paragraph (3),

(k) in pursuance of a Community obligation,

(l) by the Secretary of State, or with his consent, to an international organisation of which the United Kingdom is a member,

(m) in connection with negotiations conducted by officers of the Secretary of State with representatives of the government of a country or territory outside the United Kingdom,

(n) in connection with the discharge of an obligation of the United Kingdom under international arrangements.

(2) The persons and bodies are—

(a) any Minister of the Crown,

(b) any Northern Ireland department,

(c) any Northern Ireland Minister,

[F26 (d) the Office of Fair Trading,]

(e) the Competition Commission,

[F27 (f) the Office of Communications,]

(g) the Independent Television Commission,

F28 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) the Director General of Gas for Northern Ireland,

(j) the Director General of Water Services,

(k) the Water Appeals Commission for Northern Ireland,

F28 (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) the Director General of Electricity Supply for Northern Ireland,

(n) the Coal Authority,

(o) the Civil Aviation Authority,

(p) the [F29 Office of Rail Regulation],

(q) the Insolvency Practitioners Tribunal,

(r) a local weights and measures authority in Great Britain.

[F30 (s) the Financial Services Authority,

(t) the Gas and Electricity Markets Authority,

(u) the Gas and Electricity Consumer Council.]

[F31 (3) The enactments and instruments are—

(a) the Industrial and Provident Societies Act 1965 M91 ,

(b) the Industrial and Provident Societies Act 1967 M92 ,

(c) the Trade Descriptions Act 1968 M93 ,

(d) the Friendly and Industrial and Provident Societies Act 1968 M94 ,

(e) the Fair Trading Act 1973 M95 ,

(f) the Consumer Credit Act 1974 M96 ,

(g) the Friendly Societies Act 1974 M97 ,

(h) the Industrial and Provident Societies Act 1975 M98 ,

(i) the Industrial and Provident Societies Act 1978 M99 ,

(j) the Estate Agents Act 1979 M100 ,

(k) the Credit Unions Act 1979 M101 ,

(l) the Competition Act 1980 M102 ,

(m) the Telecommunications Act 1984 M103 ,

(n) the Airports Act 1986 M104 ,

(o) the Gas Act 1986 M105 ,

(p) the Insolvency Act 1986 M106 ,

(q) the Building Societies Act 1986 M107 ,

(r) the Consumer Protection Act 1987 M108 ,

(s) the Electricity Act 1989 M109 ,

(t) the Broadcasting Act 1990 M110 ,

(u) the Property Misdescriptions Act 1991 M111 ,

(v) the Water Industry Act 1991 M112 ,

(w) the Water Resources Act 1991 M113 ,

(x) the Friendly Societies Act 1992 M114 ,

(y) the Railways Act 1993 M115 ,

(z) the Coal Industry Act 1994 M116 ,

(aa) the Broadcasting Act 1996 M117 ,

(bb) the Competition Act 1998 M118 ,

(cc) the Financial Services and Markets Act 2000 M119 ,

(dd) the Regulation of Investigatory Powers Act 2000 M120 ,

(ee) the Utilities Act 2000 M121 ,

(ff) Part I of the Transport Act 2000 M122 ,

(gg) the Insolvency Act 2000 M123 ,

[F32 (gh) the Enterprise Act 2002,]

[F33 (gi) the Communications Act 2003,]

[F34 (gi) the Water Act 2003,]

(hh) the Water and Sewerage Services (Northern Ireland) Order 1973 M124 ,

(ii) the Audit (Northern Ireland) Order 1987 M125 ,

(jj) the Consumer Protection (Northern Ireland) Order 1987 M126 ,

(kk) the Insolvency (Northern Ireland) Order 1989 M127 ,

(ll) the Electricity (Northern Ireland) Order 1992 M128 ,

(mm) Part IV of the Airports (Northern Ireland) Order 1994 M129 ,

(nn) the Gas (Northern Ireland) Order 1996 M130 ,

(oo) the Water (Northern Ireland) Order 1999 M131 ,

(pp) the EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001 M132 ,

(qq) any subordinate legislation made for the purpose of securing compliance with the Directive of the Council of the European Communities of 10th September 1984 (No. 84/450/ EEC ) on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising.]

Textual Amendments

F25 Words in Sch. 7 para. 3(1)(c) substituted (1.12.2001) by S.I. 2001/3617, art. 2(2)

F26 Sch. 7 para. 3(2)(d) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 42(7)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F27 Sch. 7 para. 3(2)(f) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21) , s. 411(2) , Sch. 17 para. 162(3)(a) (with Sch. 18 ); S.I. 2003/1900 , arts. 1(2) , 2(1) , Sch. 1 (with art. 3 ) (as amended by S.I. 2003/3142 , art. 1(3)); S.I. 2003/3142 , art. 3(2) (with art. 11 )

F28 Sch. 7 para. 3(2)(h)(l) deleted (1.12.2001) by virtue of S.I. 2001/3617, art. 2(3)

F29 Words in Sch. 7 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20) , Sch. 2 para. 19(r) ; S.I. 2004/827 , art. 4(g)

F30 Sch. 7 para. 3(s)(t)(u) added (1.12.2001) by S.I. 2001/3617, art. 2(3)

F31 Sch. 7 para. 3(3) substituted (1.12.2001) by S.I. 2001/3617, art. 2(4)

F32 Sch. 7 para. 3(3)(gh) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 42(7)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)

F33 Sch. 7 para. 3(3)(gi) inserted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21) , s. 411(2) , Sch. 17 para. 162(3)(b) (with Sch. 18 ); S.I. 2003/1900 , arts. 1(2) , 2(1) , Sch. 1 (with art. 3 ) (as amended by S.I. 2003/3142 , art. 1(3)); S.I. 2003/3142 , art. 3(2) (with art. 11 )

F34 Sch. 7 para. 3(3)(gi) inserted (1.4.2004) by Water Act 2003 (c. 37) , s. 105(3) , Sch. 7 para. 33(b) ; S.I. 2004/641 , art. 3(y) , Sch. 2 (with Sch. 3 para. 7 )

Modifications etc. (not altering text)

C15 Sch. 7 para. 3(1): disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2), Sch. 4 Pt. 1 para. 51

Commencement Information

I32 Sch. 7 para. 3 wholly in force; Sch. 7 para. 3 not in force at Royal Assent see s. 130; Sch. 7 para. 3(1)(b)-(n)(2)(3) in force and Sch. 7 para. 3(1)(a) in force for specified purposes at 6.11.2000 and Sch. 7 para. 3(1)(a) in force for further specified purposes at 1.1.2001 and in force insofar as not already in force at 26.3.2001 by S.I. 2000/2957, art. 2(1)-(3), Schs. 1, 2, 3 (with transitional provisions in arts. 3-8)

Marginal Citations

M86 2000 c. 8.

M87 1986 c. 45.

M88 S.I. 1989/2405 (N.I. 19).

M89 1974 c. 37.

M90 S.I. 1978/1039 (N.I. 9).

M91 1965 c. 12.

M92 1967 c. 48.

M93 1968 c. 29.

M94 1968 c. 55.

M95 1973 c. 41.

M96 1974 c.39.

M97 1974 c. 46.

M98 1975 c. 41.

M99 1978 c. 34.

M100 1979 c. 38.

M101 1979 c. 34.

M102 1980 c. 21.

M103 1984 c. 12.

M104 1986 c. 31.

M105 1986 c. 44.

M106 1986 c. 45.

M107 1986 c. 53.

M108 1987 c. 43.

M109 1989 c. 29.

M110 1990 c. 42.

M111 1991 c. 29.

M112 1991 c. 56.

M113 1991 c. 57.

M114 1992 c. 40.

M115 1993 c. 43.

M116 1994 c. 21.

M117 1996 c. 55.

M118 1998 c. 41.

M119 2000 c. 8.

M120 2000 c. 23.

M121 2000 c. 27.

M122 2000 c. 38.

M123 2000 c. 39.

M124 S.I. 1973/70 (N.I. 2).

M125 S.I. 1987/460 (N.I. 5).

M126 S.I. 1987/2049 (N.I. 20).

M127 S.I. 1989/2405 (N.I. 19).

M128 S.I. 1992/231 (N.I. 1).

M129 S.I. 1994/426 (N.I. 1).

M130 S.I. 1996/275 (N.I. 2).

M131 S.I. 1999/662 (N.I. 6).

M132 S.I. 2001/2916.

4 U.K. The Secretary of State may by order modify paragraph 3.

Other exceptions U.K.

5 (1) Paragraph 1(2) does not limit the information which may be— U.K.

(a) included in, or made public as a part of, a report on a reference under section 15,

(b) included in, or made public as part of, a report under section 45, 55 or 57,

(c) published by the Commission under section 46, or

(d) made available by the Council under section 52, 53 or 59 or the Commission under section 58.

(2) Sub-paragraph (1) is without prejudice to any other exception to paragraph 1(2).

(3) Paragraph 1(2) does not apply to information which has been made available to the public by being disclosed in circumstances in which, or for a purpose for which, disclosure is not precluded by this Schedule.

Offence U.K.

6 (1) A person commits an offence if he discloses information in contravention of this Schedule. U.K.

(2) A person who commits an offence under sub-paragraph (1) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Section 127(4).

SCHEDULE 8 U.K. Amendments of enactments

Part I U.K. General amendments

1 (1) Any enactment which requires or authorises a document or other thing to be sent by post (whether or not it makes any other provision in that respect) shall not be construed as limited to requiring or (as the case may be) authorising that thing to be sent by the postal system of the Post Office company. U.K.

(2) Any enactment which makes any other provision in relation to the sending of a document or other thing by post or to a thing so sent shall not be construed as limited to the sending of that thing by the postal system of the Post Office company or (as the case may be) to a thing sent by that system.

Commencement Information

I33 Sch. 8 para. 1 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

2 (1) Any enactment which requires or authorises a document or other thing to be sent by registered post (whether or not it makes any other provision in that respect) shall be construed as if it required or (as the case may be) authorised that thing to be sent by a registered post service. U.K.

(2) Any enactment which makes any other provision in relation to the sending of a document or other thing by registered post or to a thing so sent shall be construed as if it made corresponding provision in relation to the sending of that thing by a registered post service or (as the case may be) to a thing sent by such a service.

Commencement Information

I34 Sch. 8 para. 2 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

3 (1) Any enactment which requires or authorises a document or other thing to be sent by recorded delivery (whether or not it makes any other provision in that respect) shall be construed as if it required or (as the case may be) authorised that thing to be sent by a postal service which provides for the delivery of the document or other thing by post to be recorded. U.K.

(2) Any enactment which makes any other provision in relation to the sending of a document or other thing by recorded delivery or to a thing so sent shall be construed as if it made corresponding provision in relation to the sending of that thing by a postal service which provides for the delivery of the document or other thing by post to be recorded or (as the case may be) to a thing sent by such a service.

Commencement Information

I35 Sch. 8 para. 3 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

4 (1) Any enactment which requires or authorises a document or other thing to be sent by first class post (whether or not it makes any other provision in that respect) shall be construed as if it required or (as the case may be) authorised that thing to be sent by a postal service which seeks to deliver such documents or other things by post no later than the next working day in all or the majority of cases. U.K.

(2) Any enactment which makes any other provision in relation to the sending of a document or other thing by first class post or to a thing so sent shall be construed as if it made corresponding provision in relation to the sending of that thing by a postal service which seeks to deliver such documents or other things by post no later than the next working day in all or the majority of cases or (as the case may be) to a thing sent by such a service.

Commencement Information

I36 Sch. 8 para. 4 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

5 (1) Any reference (however worded and including references which are to be construed as such references) in a related enactment to the post or to a thing sent by post shall not be construed as limited to the postal system of the Post Office company or (as the case may be) to a thing sent by that system. U.K.

(2) In sub-paragraph (1) “related enactment” means—

(a) any enactment the provisions of which apply to, or operate in consequence of the operation of, any enactment to which paragraph 1 applies, or

(b) any enactment relating to the sending of documents or other things otherwise than by post or to documents or other things so sent.

(3) Any reference (however worded and including references which are to be construed as such references) in a related enactment to the registered post, the recorded delivery service or the first class post, or to a letter or other postal packet sent by that service or post, shall be construed as references (as the case may be) to a registered post service, a postal service which provides for the delivery of the document or other thing by post to be recorded or a postal service which seeks to deliver such documents or other things by post no later than the next working day in all or the majority of cases, or to a letter or other postal packet sent by such a service or post.

(4) In sub-paragraph (3) “related enactment” means—

(a) any enactment the provisions of which apply to, or operate in consequence of the operation of, any enactment to which paragraph 2, 3 or (as the case may be) 4 applies,

(b) any enactment relating to the sending of documents or other things otherwise than by registered post, recorded delivery or (as the case may be) first class post or to documents or other things so sent.

(5) Any reference (however worded and including references which are to be construed as such references) in a related enactment to—

(a) a Post Office receipt for a registered or recorded letter or other postal packet,

(b) an acknowledgement by the Post Office of delivery of such a letter or packet, or a certificate by the Post Office of such delivery,

shall be construed as a reference to a receipt of, or an acknowledgement or certificate by, the postal operator concerned.

(6) In sub-paragraph (5) “related enactment” means—

(a) any enactment (other than a future enactment) the provisions of which apply to, or operate in consequence of the operation of, any enactment to which paragraph 2 or (as the case may be) 3 applies,

(b) any enactment (other than a future enactment) relating to the sending of documents or other things otherwise than by registered post or recorded delivery or to documents or other things so sent.

(7) This paragraph is without prejudice to the generality of paragraphs 1 to 4.

Commencement Information

I37 Sch. 8 para. 5 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

6 (1) The Secretary of State may by order provide for any provision of paragraphs 1 to 5 not to apply, or to apply with modifications, in such cases or descriptions of case as he considers appropriate. U.K.

(2) Paragraphs 1 to 5 do not apply in relation to future enactments if the context otherwise requires.

(3) Paragraphs 1 to 5 are subject to any provision made by or under this Act.

7 (1) In this Part of this Schedule, “future enactment” means any enactment passed or made after the passing of this Act other than— U.K.

(a) any enactment made before the commencement of this sub-paragraph and comprised in subordinate legislation made under an enactment passed or made before the passing of this Act, and

(b) any Act passed in the same session as this Act or any enactment comprised in subordinate legislation made under such an Act before the commencement of this sub-paragraph.

(2) In this Part of this Schedule—

(a) references to sending a document or other thing include references to serving, executing, giving or delivering it or doing any similar thing,

(b) references to sending any thing by registered post include references to sending it by or in a registered letter or other postal packet (whether the references are expressed in those terms or terms having a similar effect and whether there is any mention of the post or prepayment),

(c) references to sending any thing by recorded delivery include references to sending it by or in a recorded letter or other postal packet (whether the references are expressed in those terms or terms having a similar effect and whether there is any mention of the post or prepayment),

(d) references to any thing sent by registered post or the recorded delivery service shall be construed accordingly.

Part II U.K. Other amendments

Public Records Act 1958 (c.51) U.K.

8 U.K. In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table which is at the end of paragraph 3, there shall be inserted at the appropriate places—

• “Consumer Council for Postal Services.”

• “Post Office company (within the meaning of Part IV of the Postal Services Act 2000).”

Commencement Information

I38 Sch. 8 para. 8 wholly in force; Sch. 8 para. 8 not in force at Royal Assent see s. 130; Sch. 8 para. 8 in force for specified purposes at 6.11.2000 and in force insofar as not already in force at 1.1.2001 by S.I. 2000/2957, art. 2(1)(2), Sch. 1, Sch. 2 (with transitional provisions in arts. 3-8)

Parliamentary Commissioner Act 1967 (c.13) U.K.

9 U.K. In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), after the entry for the Office of Population Censuses and Surveys there shall be inserted—

“Consumer Council for Postal Services”.

10 U.K. In that Schedule to that Act the reference to the Postal Services Commission shall be construed as a reference to the Commission established by section 1 of this Act.

Post Office Act 1969 (c.48) U.K.

11 U.K. In section 135(1) of the Post Office Act 1969 (remuneration of Post Office for issuing game licences in England and Wales) for “the Post Office”, where it appears for the first, second and third time, there shall be substituted “ the Post Office company ”.

Commencement Information

I39 Sch. 8 para. 11 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

Pensions (Increase) Act 1971 (c.56) U.K.

12 U.K. In paragraph 3 of Schedule 3 to the Pensions (Increase) Act 1971 (duty of Post Office to increase pensions of certain former civil servants)—

(a) for “the Post Office”, where it first appears, there shall be substituted “ the Post Office company ”,

(b) for “the Post Office are” there shall be substituted “ the Post Office company is ”,

(c) after “by virtue of” there shall be inserted “ paragraph 2 of Schedule 3 to the Postal Services Act 2000 as it has effect by reference to ”,

(d) for “that Act” there shall be substituted “ the Post Office Act 1969 or any enactment reproducing its effect ”, and

(e) for “the Post Office”, where it appears for the last time, there shall be substituted “ the Post Office company ”.

Commencement Information

I40 Sch. 8 para. 12 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

Superannuation Act 1972 (c.11) U.K.

13 U.K. In Schedule 1 to the Superannuation Act 1972 (kinds of employment in relation to which pension schemes may be made), in the list of “Other Bodies”, there shall be inserted at the appropriate place—

“The Consumer Council for Postal Services.”

House of Commons Disqualification Act 1975 (c.24) U.K.

14 (1) Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership) shall be amended as follows. U.K.

(2) In Part II (bodies of which all members are disqualified), there shall be inserted at the appropriate place—

“The Consumer Council for Postal Services.”

(3) In Part III (other disqualifying offices), there shall be inserted at the appropriate place—

“Director of the Post Office company (within the meaning of Part IV of the Postal Services Act 2000) being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown.”

Commencement Information

I41 Sch. 8 para. 14 wholly in force; Sch. 8 para. 14 not in force at Royal Assent see s. 130; Sch. 8 para. 14(1)(3) in force at 6.11.2000 and Sch. 8 para. 14 in force insofar as not already in force at 1.1.2001 by S.I. 2000/2957, art. 2(1)(2), Sch. 1, Sch. 2 (with transitional provisions in arts. 3-8)

15 U.K. In Part II of Schedule 1 to the Act of 1975 the reference to the Postal Services Commission shall be construed as a reference to the Commission established by section 1 of this Act.

Rates (Northern Ireland) Order 1977 (S.I.1977/2157 (N.I.28)) U.K.

16 U.K. In paragraph 3(4) of Schedule 9A to the Rates (Northern Ireland) Order 1977 (rural rate relief for post offices etc) for the words from “the Post Office” to “1953)” there shall be substituted “ a universal service provider (within the meaning of the Postal Services Act 2000) and in connection with the provision of a universal postal service (within the meaning of that Act) ”.

Commencement Information

I42 Sch. 8 para. 16 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

Representation of the People Act 1983 (c.2) U.K.

17 (1) Section 91 of the Representation of the People Act 1983 (candidate’s right to send election address post free) shall be amended as follows. U.K.

(2) In subsection (1)—

(a) for the words “Post Office regulations” there shall be substituted “ such reasonable terms and conditions as the universal service provider concerned may specify ”,

(b) after the word “of”, where it first appears, there shall be inserted “ any ”,

(c) after the word “postage” there shall be inserted “ which would otherwise be made by a universal service provider ”, and

(d) for the words “regulations” in paragraph (a) there shall be substituted “ terms and conditions ”.

(3) In subsection (2)—

(a) after “any” there shall be inserted “ such ”, and

(b) after “postage” there shall be inserted “ as mentioned above ”.

(4) In subsection (3) for “the Post Office” there shall be substituted “ the universal service provider concerned ”.

(5) After subsection (4) there shall be inserted—

“(5) In this section “universal service provider” has the same meaning as in the Postal Services Act 2000.”

Commencement Information

I43 Sch. 8 para. 17 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

18 U.K. After section 200 of that Act there shall be inserted—

“200A Remuneration for free postal services provided under Act.

(1) This section applies where any postal services are provided without charge by a universal service provider in pursuance of this Act.

(2) The universal service provider shall be entitled to be remunerated for having provided the services at the rate fixed in relation to them by virtue of a scheme under section 89 of the Postal Services Act 2000.

(3) A sum which a universal service provider is entitled to receive by virtue of this section shall be charged on, and issued out of, the Consolidated Fund.

(4) In this section “postal services” and “universal service provider” have the same meanings as in the Postal Services Act 2000.”

Commencement Information

I44 Sch. 8 para. 18 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

Mental Health Act 1983 (c.20) U.K.

19 (1) Section 134 of the Mental Health Act 1983 (correspondence of patients) shall be amended as follows. U.K.

(2) In subsection (1) for “the Post Office” there shall be substituted “ the postal operator concerned ”.

(3) In subsection (9)—

(a) after “this Act” there shall be inserted “ and “postal operator” and ”,

(b) for “has”, where it appears for the second time, there shall be substituted “ have ”, and

(c) for “the Post Office Act 1953” there shall be substituted “ the Postal Services Act 2000 ”.

Commencement Information

I45 Sch. 8 para. 19 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

Insolvency Act 1986 (c.45) U.K.

20 U.K. In section 371(1) of the Insolvency Act 1986 (re-direction of bankrupt’s letters etc.)—

(a) for “the Post Office” there shall be substituted “ a postal operator (within the meaning of the Postal Services Act 2000) ”,

(b) for “the Post Office Act 1953” there shall be substituted “ that Act ”, and

(c) for “them” there shall be substituted “ the operator concerned ”.

Commencement Information

I46 Sch. 8 para. 20 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

Local Government Finance Act 1988 (c.41) U.K.

21 U.K. In section 43(6D)(a) of the Local Government Finance Act 1988 (rural rate relief for post offices etc) for the words from “the Post Office” to “1953)” there shall be substituted “ a universal service provider (within the meaning of the Postal Services Act 2000) and in connection with the provision of a universal postal service (within the meaning of that Act) ”.

Commencement Information

I47 Sch. 8 para. 21 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

Value Added Tax Act 1994 (c.23) U.K.

22 (1) The Value Added Tax Act 1994 shall be amended as follows. U.K.

(2) In section 16(2) (application of customs enactments) for “section 16 of the Post Office Act 1953” there shall be substituted “ section 105 of the Postal Services Act 2000 ”.

(3) In item 4 of Group 8 of Part II of Schedule 8 (zero-rating: transport of passengers) for “the Post Office” there shall be substituted “ the Post Office company ”.

(4) In Group 3 of Part II of Schedule 9 (exemptions for postal services)—

(a) for “the Post Office” in items 1 and 2 there shall, in each case, be substituted “ the Post Office company ”, and

(b) for the words in Note (1) from “the Post Office Act 1953” to “telegram” there shall be substituted “ the Postal Services Act 2000 ”.

Commencement Information

I48 Sch. 8 para. 22 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

Value Added Tax Regulations 1995 (S.I.1995/2518) U.K.

23 U.K. In regulation 2 of the Value Added Tax Regulations 1995 (interpretation) in the definition of “datapost packet”—

(a) for the words “the Post Office” there shall be substituted “ the Post Office company ”,

(b) after “a post office” there shall be inserted “ of the Post Office company ”, and

(c) after “United Kingdom”, where it appears for the fifth time, there shall be inserted “ by that company ”.

Commencement Information

I49 Sch. 8 para. 23 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

Criminal Procedure (Scotland) Act 1995 (c.46) U.K.

24 U.K. In section 11 of the Criminal Procedure (Scotland) Act 1995 (jurisdiction over certain offences committed outside Scotland), after subsection (4) there shall be inserted—

“(5) Where a person in any part of the United Kingdom outside Scotland—

(a) steals or attempts to steal any mail-bag or postal packet in the course of its transmission by post, or any of the contents of such a mail-bag or postal packet; or

(b) in stealing or with intent to steal any such mail-bag or postal packet or any of its contents commits any robbery, attempted robbery or assault with intent to rob,

he is guilty of the offence mentioned in paragraph (a) or (b) as if he had committed it in Scotland and shall be liable to be prosecuted, tried and punished there without proof that the offence was committed there.

(6) Any expression used in subsection (5) and in the Postal Services Act 2000 has the same meaning in that subsection as it has in that Act.”

Commencement Information

I50 Sch. 8 para. 24 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

Local Government and Rating Act 1997 (c.29) U.K.

25 U.K. In Schedule 2 to the Local Government and Rating Act 1997, in paragraph 3(4)(a) (relief from non-domestic rates for rural post offices) for the words from “the Post Office” to “1953)” there shall be substituted “ a universal service provider (within the meaning of the Postal Services Act 2000) and in connection with the provision of a universal postal service (within the meaning of that Act) ”.

Commencement Information

I51 Sch. 8 para. 25 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

Northern Ireland Act 1998 (c.47) U.K.

26 U.K. For paragraph 7 of Schedule 3 to the Northern Ireland Act 1998 (reservation for the Post Office etc.) there shall be substituted—

“7 The subject-matter of the Postal Services Act 2000.

• This paragraph does not include financial assistance for the provision of services (other than postal services and services relating to postal or money orders) to be provided from public post offices.

• In this paragraph “postal services” and “public post offices” have the same meanings as in the Postal Services Act 2000.”

Commencement Information

I52 Sch. 8 para. 26 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

Postal Services Regulations 1999 (S.I. 1999/2107) U.K.

27 U.K. In Regulation 2(1) of the Postal Services Regulations 1999 (designation of Secretary of State and Postal Services Commission as national regulatory authorities for the postal sector in the United Kingdom) the reference to the Postal Services Commission shall be construed as a reference to the Commission established by section 1 of this Act.

Section 127(6).

SCHEDULE 9 U.K. Repeals and revocations

Commencement Information

I53 Sch. 9 not in force at Royal Assent see s. 130; Sch. 9 in force for specified purposes at 6.11.2000, for further specified purposes at 1.1.2001 and 26.3.2001 by S.I. 2000/2957, art. 2(1)-(3), Schs. 1, 2, 3; (with transitional provisions in arts. 3-8); Sch. 9 in force for further specified purposes at 26.3.2001 by S.I. 2001/878, art. 2, Sch. (subject to arts. 3-17) and for further specified purposes at 26.3.2001 by S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

Reference	Short title or title	Extent of repeal or revocation
10 & 11 Geo.5 c. 75.	Official Secrets Act 1920.	Section 5.
1 & 2 Eliz.2 c. 36.	Post Office Act 1953.	The whole Act.
1967 c. 13.	Parliamentary Commissioner Act 1967.	In Schedule 2, the entries relating to the Post Office Users’ Council for Northern Ireland, the Post Office Users’ Council for Scotland, the Post Office Users’ Council for Wales and the Post Office Users’ National Council.
1967 c. 80.	Criminal Justice Act 1967.	In Schedule 3, in Part I, the entries in respect of the Post Office Act 1953.
1969 c. 48.	Post Office Act 1969.	Sections 6 to 8.
		Sections 10 to 12.
		Sections 14 and 15.
		Sections 28 to 30.
		Section 33.
		Sections 37 to 41.
		Sections 43 and 44.
		Sections 46 to 48.
		Sections 55 to 64.
		Sections 66 and 67.
		Sections 69 to 75.
		Sections 80 and 81.
		Section 84.
		Section 87.
		Section 119.
		Section 129.
		In section 135, subsection (1)(b) and the word “or” immediately preceding it and subsections (2) and (3).
		Schedules 1 to 3.
		In Schedule 4, paragraph 21.
		In Schedule 9, paragraph 3(2).
1970 c. 44.	Chronically Sick and Disabled Persons Act 1970.	In section 14, in subsection (1), the words “, the Post Office Users’ Councils” and subsection (2).
1972 c. 70.	Local Government Act 1972.	In Schedule 29, paragraph 36.
S.I. 1973/2163.	Northern Ireland (Modifications of Enactments – No.1) Order 1973.	In Schedule 5, paragraph 20(a).
1975 c. 24.	House of Commons Disqualification Act 1975.	In Schedule 1, in Part II, the entry relating to the Post Office and, in Part III, the entry relating to the Chairman of the Post Office Users’ National Council.
1976 c. 10.	Post Office (Banking Services) Act 1976.	The whole Act.
1981 c. 38.	British Telecommunications Act 1981.	Section 58(1) to (3).
		Sections 59 to 61.
		Sections 63 to 69.
		Sections 71 to 76.
		In Schedule 3, paragraph 51(1) and (3).
1981 c. 45.	Forgery and Counterfeiting Act 1981.	Section 29.
1983 c. 20.	Mental Health Act 1983.	In section 134(9), the words from “and the provisions” to the end.
1983 c. 29.	Miscellaneous Financial Provisions Act 1983.	In Schedule 2, the entry relating to the Post Office Act 1969.
1984 c. 12.	Telecommunications Act 1984.	Section 99(1).
		In Schedule 4, paragraphs 50 and 78.
1985 c. 56.	Interception of Communications Act 1985.	Section 11(2).
1985 c. 67.	Transport Act 1985.	In Schedule 3, paragraph 22.
		In Schedule 7, paragraph 13.
1986 c. 44.	Gas Act 1986.	In Schedule 7, paragraph 10.
1987 c. 22.	Banking Act 1987.	In Schedule 6, paragraph 10.
1989 c. 15.	Water Act 1989.	In Schedule 25, paragraph 39.
1989 c. 29.	Electricity Act 1989.	In Schedule 16, paragraph 15.
1989 c. 40.	Companies Act 1989.	In Schedule 10, paragraph 30.
S.I. 1992/231 (N.I.1).	Electricity (Northern Ireland) Order 1992.	In Schedule 12, paragraph 7.
S.I. 1993/1324.	Post Office (Abolition of Import Restrictions) Regulations 1993.	The whole Regulations.
1994 c. 29.	Police and Magistrates’ Courts Act 1994.	In Schedule 4, paragraph 49.
1995 c. 21.	Merchant Shipping Act 1995.	In Schedule 13, paragraph 28.
1995 c. 45.	Gas Act 1995.	In Schedule 4, paragraph 9.
1996 c. 16.	Police Act 1996.	In Schedule 7, paragraph 1(2)(f).
S.I. 1996/275 (N.I.2).	Gas (Northern Ireland) Order 1996.	In Schedule 6, the entry relating to the Post Office Act 1969.
S.I. 1999/1042.	Scotland Act 1998 (Consequential Modifications) (No.1) Order 1999.	In Schedule 1, paragraph 6.
S.I. 1999/2107.	Postal Services Regulations 1999.	In Regulation 1(3), the definitions of “the 1969 Act” and “the 1981 Act”.
		Regulation 2(2) and (3).
		Regulation 3(1) to (3).
		Regulations 4 to 6.

Note: The repeal of section 52 of the Post Office Act 1953 (which extends only to Scotland) does not affect any liability at common law in respect of any offence described in that section.