Postal Services Act 2000

Part I U.K. Introductory

F1 1 The Postal Services Commission. U.K.

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Textual Amendments

F1 S. 1 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 2; S.I. 2011/2329, art. 3

F2 2 The Consumer Council for Postal Services. U.K.

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Textual Amendments

F2 S. 2 repealed (21.12.2007 for specified purposes, 1.10.2008 in so far as not already in force) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 8; S.I. 2007/3546, art. 3, Sch.; S.I. 2008/2550, art. 2, Sch.

F3 3 Duty of the Commission to ensure provision of a universal postal service. U.K.

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Textual Amendments

F3 Ss. 3-5 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 2; S.I. 2011/2329, art. 3

F3 4 Provision of a universal postal service: meaning. U.K.

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Textual Amendments

F3 Ss. 3-5 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 2; S.I. 2011/2329, art. 3

F3 5 Other duties of the Commission in the consumer interest. U.K.

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Textual Amendments

F3 Ss. 3-5 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 2; S.I. 2011/2329, art. 3

Part II U.K. Licences for Postal Services

Restriction on provision of postal services U.K.

F4 6 Restriction on provision of postal services. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 7 Exceptions from section 6. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 7A

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 8 Power to modify section 7 by order. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 9 General power to suspend the restriction. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 10 Emergency power to suspend the restriction. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

Licences U.K.

F4 11 Licences: general. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 12 Licences: grant. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 12A Licences: refusal U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 12B Licences: determination of applications U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 13 Licences: conditions and other provisions. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

Modification of licences U.K.

F4 14 Modification of licences by agreement. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 15 References to the Competition Commission. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 15A References under section 15: time limits U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 15B F5 References under section 15: application of Enterprise Act 2002 U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F5 Ss. 15A and 15B inserted (20.06.2003) by 2002 c. 40, ss. 278(1), 279, Sch. 25 para. 42(2)

F4 16 Reports on references. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 16A Reports on references under section 15: further provision U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 17 Modification following report. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 18 Power of intervention of the Competition Commission. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 19 Procedural requirements in relation to modifications. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 19A Sections 18 and 19: further provision U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F6 20 Application of competition legislation to references etc. U.K.

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Textual Amendments

F6 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)

F4 21 Modification by order under other enactments. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

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.

F4 22 Final orders. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 23 Provisional orders. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 24 Confirmation of provisional orders. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 25 Exceptions from duty to make or confirm enforcement orders. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 26 Enforcement orders: main procedural requirements. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 27 Enforcement orders: further procedural requirements. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 28 Validity of enforcement orders. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 29 Effect of enforcement orders. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

Financial penalties U.K.

F4 30 Financial penalties. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 31 Statement of policy in relation to penalties. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 32 Imposition of penalties: main procedural requirements. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 33 Penalties: further procedural requirements. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 34 Time-limits on the imposition of penalties. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 35 Interest and payments by instalment. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 36 Appeals. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 37 Recovery of penalties. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

Miscellaneous U.K.

F4 38 Register. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 39 Recovery of costs of the Council etc. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 39A Licences and the new arrangements U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 40 Directors’ remuneration. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

F4 41 Free services for the blind and partially sighted. U.K.

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Textual Amendments

F4 Ss. 6-41 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 3; S.I. 2011/2329, art. 3

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

The Commission U.K.

F7 42 Duties in relation to public post offices. U.K.

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Textual Amendments

F7 Ss. 42-50 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 4; S.I. 2011/2329, art. 3

F7 43 Duties in relation to social and environmental matters. U.K.

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Textual Amendments

F7 Ss. 42-50 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 4; S.I. 2011/2329, art. 3

F7 44 Review and information. U.K.

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Textual Amendments

F7 Ss. 42-50 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 4; S.I. 2011/2329, art. 3

F7 45 Annual and other reports: the Commission. U.K.

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Textual Amendments

F7 Ss. 42-50 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 4; S.I. 2011/2329, art. 3

F7 46 Publication of information and advice: the Commission. U.K.

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Textual Amendments

F7 Ss. 42-50 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 4; S.I. 2011/2329, art. 3

F7 47 Power of the Commission to require information. U.K.

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Textual Amendments

F7 Ss. 42-50 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 4; S.I. 2011/2329, art. 3

F7 48 Information powers: enforcement. U.K.

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Textual Amendments

F7 Ss. 42-50 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 4; S.I. 2011/2329, art. 3

F7 49 Powers of entry and seizure. U.K.

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Textual Amendments

F7 Ss. 42-50 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 4; S.I. 2011/2329, art. 3

F7 50 Codes of practice. U.K.

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Textual Amendments

F7 Ss. 42-50 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 4; S.I. 2011/2329, art. 3

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,

[F8 (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

F8 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

I1 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)

F9 60 Memorandum of understanding. U.K.

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

Textual Amendments

F9 Ss. 60-61A omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 5; S.I. 2011/2329, art. 3

F9 61 Forward work programmes. U.K.

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

Textual Amendments

F9 Ss. 60-61A omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 5; S.I. 2011/2329, art. 3

[F10 Information U.K.

Textual Amendments

F10 S. 61A and cross-heading inserted (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 66(2), Sch. 5 para. 3(3) (with s. 48(3)); S.I. 2008/2550, art. 2, Sch.

F9 61A Information relating to complaints handling standards U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F9 Ss. 60-61A omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 5; S.I. 2011/2329, art. 3

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.

F11 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F12 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subordinate Legislation Made

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

Textual Amendments

F11 S. 62(1)-(5) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 6; S.I. 2011/2329, art. 3

F12 S. 62(7)(8) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 6; S.I. 2011/2329, art. 3

The Post Office company etc: government holdings U.K.

[F13 63 Power to direct issue of certain securities etc U.K.

(1) This section applies to—

(a) a Post Office company,

(b) a Royal Mail company, or

(c) a company in the same group as a company within paragraph (a) or (b),

that is wholly owned by the Crown.

(2) The Secretary of State may direct a company to which this section applies to issue securities to—

(a) the Secretary of State or the Treasury (or to a nominee of either of them), or

(b) a parent company that is wholly owned by the Crown.

(3) A direction must specify—

(a) the kind and amount of securities to be issued,

(b) the terms of issue, and

(c) the date at or by which the securities must be issued.

(4) Any shares issued in pursuance of a direction under this section are to be—

(a) issued as fully paid, and

(b) treated for the purposes of the Companies Acts as if they had been paid up by virtue of payment of their nominal value in cash.

(5) A direction under this section may be given only with the consent of the Treasury.

(6) Before giving a direction under this section, the Secretary of State must consult—

(a) the company to whom the direction is to be given, and

(b) if the company has a parent company, its parent company (or, if it has more than one parent company, the parent company that does not itself have a parent company).]

Textual Amendments

F13 S. 63 substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 7; S.I. 2011/2329, art. 3

64 Government investment in securities of [F14 certain companies]. U.K.

(1) The Treasury or, with the consent of the Treasury, the Secretary of State may at any time acquire securities of[F15 —

(a) a Post Office company,

(b) a Royal Mail company, or

(c) a company in the same group as a company within paragraph (a) or (b).]

[F16 (1A) Securities acquired under this section may be held by a nominee.]

(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.

F17 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Words in s. 64 heading substituted (1.10.2011) by Postal Services Act 2011 (c. 5) , s. 93(2)(3) , Sch. 12 para. 8(2); S.I. 2011/2329 , art. 3

F15 Words in s. 64(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5) , s. 93(2)(3) , Sch. 12 para. 8(3) ; S.I. 2011/2329 , art. 3

F16 S. 64(1A) inserted (1.10.2011) by Postal Services Act 2011 (c. 5) , s. 93(2)(3) , Sch. 12 para. 8(4) ; S.I. 2011/2329 , art. 3

F17 S. 64(3) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5) , s. 93(2)(3) , Sch. 12 para. 8(5) ; S.I. 2011/2329 , art. 3

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 [F18 relevant companies]. U.K.

(1) The Secretary of State may, on or after the appointed day and with the approval of the Treasury, make loans to [F19 a relevant company].

[F20 (1A) In this Part “relevant company” means—

(a) a Post Office company,

(b) a Royal Mail company, or

(c) a company that is, or has at any time been, in the same group as a company within paragraph (a) or (b).]

(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.

Textual Amendments

F18 Words in s. 68 heading substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 9(2); S.I. 2011/2329, art. 3

F19 Words in s. 68(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 9(3); S.I. 2011/2329, art. 3

F20 S. 68(1A) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 9(4); S.I. 2011/2329, art. 3

69 Guarantees by the Secretary of State for [F21 relevant companies]. 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 [F22 a relevant company].

(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), [F23 the relevant company] 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.

Textual Amendments

F21 Words in s. 69 heading substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 10(2); S.I. 2011/2329, art. 3

F22 Words in s. 69(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 10(3); S.I. 2011/2329, art. 3

F23 Words in s. 69(3) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 10(4); S.I. 2011/2329, art. 3

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 [F24 a relevant company] in respect of—

(a) such sums paid by the Treasury, in fulfilment of guarantees given under section 38 of the M1 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 [F24 a relevant company] 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.

[F25 (3) Before exercising a power under subsection (1) or (2), the Secretary of State must consult—

(a) the relevant company, and

(b) if the relevant company has a parent company, its parent company (or, if it has more than one parent company, the parent company that does not itself have a parent company).]

(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.

Textual Amendments

F24 Words in s. 70(1)(2) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 11(2); S.I. 2011/2329, art. 3

F25 S. 70(3) substituted for s. 70(3)(4) (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 11(3); S.I. 2011/2329, art. 3

Marginal Citations

M1 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 [F26 relevant companies] 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 [F26 relevant companies] are the aggregate of—

(a) amounts outstanding in respect of the principal of loans made under section 37 of the M2 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.

Textual Amendments

F26 Words in s. 71(1)(2) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 12; S.I. 2011/2329, art. 3

Marginal Citations

M2 1969 c. 48.

72 Reserves of [F27 relevant companies]. U.K.

(1) The Secretary of State may, on or after the appointed day, give directions to [F28 a relevant company that does not have a parent company (“the relevant 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 [F29 the relevant 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 [F29 the relevant company] or (as the case may be) subsidiary to a reserve for some other purpose, or

(c) with respect to the application by [F29 the relevant 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 [F30 section 830 of the Companies Act 2006] (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 [F31 section 831(4)(d) of the Companies Act 2006] (restriction on distribution of assets).

(5) For the purpose of determining under section [F32 section 831 of the Companies Act 2006] 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 [F33 section 831(4)(c) of the Companies Act 2006] as if it were unrealised profits of the company.

[F34 (5A) No direction under this section may be given to, or in respect of, a company that is not wholly owned by the Crown.

(6) Before giving a direction under this section to a company, the Secretary of State must consult the company.]

(7) No direction shall be given under this section without the consent of the Treasury.

Textual Amendments

F27 Words in s. 72 heading substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 13(2); S.I. 2011/2329, art. 3

F28 Words in s. 72(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 13(3)(a); S.I. 2011/2329, art. 3

F29 Words in s. 72(1)(a)(b)(c) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 13(3)(b); S.I. 2011/2329, art. 3

F30 Words in s. 72(3) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 215(2) (with arts. 6, 11, 12)

F31 Words in s. 72(4) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 215(3) (with arts. 6, 11, 12)

F32 Words in s. 72(5) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 215(4)(i) (with arts. 6, 11, 12)

F33 Words in s. 72(5) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 215(4)(ii) (with arts. 6, 11, 12)

F34 S. 72(5A)(6) substituted for s. 72(6) (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 13(4); S.I. 2011/2329, art. 3

73 Statutory accounts of [F35 the original holding company]. U.K.

(1) For the purposes of any statutory accounts of [F35 the original holding 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 [F35 the original holding 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 [F35 the original holding 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 [F35 the original holding 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 [F35 the original holding 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 [F35 the original holding company], and

(b) the amount to be included from time to time in any statutory accounts of [F35 the original holding company] as representing its accumulated realised losses shall be determined as if any losses realised by the Post Office had been realised by [F35 the original holding company].

(4) In this section “statutory accounts”, in relation to [F35 the original holding company], means any accounts of that company prepared for the purposes of any provision of [F36 the Companies Act 2006] (including group accounts).

Textual Amendments

F35 Words in s. 73 substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 14; S.I. 2011/2329, art. 3

F36 Words in s. 73(4) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 216 (with arts. 6, 11, 12)

74 Further provisions relating to the capital structure of [F37 certain relevant companies]. U.K.

(1) If the Secretary of State so directs, [F38 a company within subsection (1A)] shall be taken to have assumed a debt to the Secretary of State of such amount as may be specified in the direction.

[F39 (1A) A company is within this subsection if—

(a) it is a relevant company,

(b) it is wholly owned by the Crown, and

(c) it does not have a parent company.]

(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) [F40 A company within subsection (1A)] 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 [F41 (or their nominees)].

(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 [F42 (or a nominee of 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 [F43 the relevant 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.

Textual Amendments

F37 Words in s. 74 heading substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 15(2); S.I. 2011/2329, art. 3

F38 Words in s. 74(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 15(3); S.I. 2011/2329, art. 3

F39 S. 74(1A) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 15(4); S.I. 2011/2329, art. 3

F40 Words in s. 74(3) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 15(5)(a); S.I. 2011/2329, art. 3

F41 Words in s. 74(3) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 15(5)(b); S.I. 2011/2329, art. 3

F42 Words in s. 74(4) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 15(6); S.I. 2011/2329, art. 3

F43 Words in s. 74(7)(b) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 15(7); S.I. 2011/2329, art. 3

Modifications etc. (not altering text)

C2 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.

F44 75 Dissolution of the Post Office. U.K.

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

Textual Amendments

F44 S. 75 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 16; S.I. 2011/2329, art. 3

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)

C3 S. 76 modified (22.3.2001) by S.I. 2001/1148, art. 25 (with art. 34)

77 Publicity requirements for certain accounts and reports F45 .... U.K.

[F46 (A1) This section applies to—

(a) a relevant company that is wholly owned by the Crown and does not have a parent company, and

(b) the original holding company if it is wholly owned by the Crown.]

(1) [F47 A company to which this section applies] 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 [F48 section 495 of the Companies Act 2006], and

(b) a copy of the auditor’s report,

as soon as practicable after the report has been made.

(2) [F47 A company to which this section applies] shall send to the Secretary of State a copy of the report prepared by its directors under [F49 section 415 of the Companies Act 2006] 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 [F50 section 419] 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 [F51 Part 15 of the Companies Act 2006]) which relate to any year which includes the appointed day or to any subsequent year.

Textual Amendments

F45 Words in s. 77 heading omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 17(2); S.I. 2011/2329, art. 3

F46 S. 77(A1) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 17(3); S.I. 2011/2329, art. 3

F47 Words in s. 77(1)(2) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 17(4); S.I. 2011/2329, art. 3

F48 Words in s. 77(1)(a) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 217(a) (with arts. 6, 11, 12)

F49 Words in s. 77(2) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 217(b)(i) (with arts. 6, 11, 12)

F50 Words in s. 77(2) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 217(b)(ii) (with arts. 6, 11, 12)

F51 Words in s. 77(4) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 217(c) (with arts. 6, 11, 12)

78 Information requirements on [F52 certain relevant companies]. U.K.

[F53 (A1) This section applies to—

(a) a relevant company that is wholly owned by the Crown and does not have a parent company, and

(b) the original holding company if it is wholly owned by the Crown.]

(1) The Treasury may [F54 serve notice on a company to which this section applies]—

(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.

Textual Amendments

F52 Words in s. 78 heading substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 18(2); S.I. 2011/2329, art. 3

F53 S. 78(A1) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 18(3); S.I. 2011/2329, art. 3

F54 Words in s. 78(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 18(4); S.I. 2011/2329, art. 3

F55 79 Exercise of functions through nominees. U.K.

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

Textual Amendments

F55 S. 79 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 19; S.I. 2011/2329, art. 3

80 Shadow directors. U.K.

(1) For the purposes of the provisions F56 ... listed in subsection (2) neither the Treasury nor the Secretary of State shall be regarded as a shadow director of [F57 a relevant company any part of which is owned by the Crown].

[F58 (2) The provisions are—

(a) section 162(6) of the Companies Act 2006 (register of directors: liability for offence);

(b) Chapter 3 of Part 10 of that Act (declaration of interest in existing transaction or arrangement);

(c) sections 190 to 196 of that Act (transactions requiring members’ approval: substantial property transactions);

(d) sections 197 to 214 of that Act (transactions requiring members’ approval: loans etc. );

(e) regulation 10(3) of the Companies (Trading Disclosures) Regulations 2008 (liability for offence), as it applies in relation to an offence under regulation 8 (disclosure of names of directors).]

Textual Amendments

F56 Words in s. 80(1) repealed (1.10.2007) by Companies Act 2006 (Commencement No.3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), art. 1(3)(a), Sch. 4 para. 94(2), Sch. 5 (with art. 12)

F57 Words in s. 80(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 20; S.I. 2011/2329, art. 3

F58 S. 80(2) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 183(4) (with art. 10)

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),

• [F59 “the Companies Acts” has the meaning given by section 2 of the Companies Act 2006,

• “company” includes any body corporate,]

• “debenture” includes debenture stock,

• “debt securities” has the meaning given by section 74(8),

• [F60 any reference to a company being in the same “group” as another company is to be read in accordance with section 15(4) of the Postal Services Act 2011,

• “the original holding company” has the meaning given by section 15 of the Postal Services Act 2011,

• any reference to a company being a “parent” of another company is to be read in accordance with section 1162 of the Companies Act 2006,

• “Post Office company” has the meaning given by section 6 of the Postal Services Act 2011,

• “relevant company” has the meaning given by section 68(1A) of this Act,

• “Royal Mail company” has the meaning given by section 2 of the Postal Services Act 2011, ]

• “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,

• F61 ...

• “shares” includes stock, and

• [F62 “wholly owned by the Crown” has the meaning given by section 15 of the Postal Services Act 2011. ]

(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.

Textual Amendments

F59 Words in s. 82(1) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 21(a); S.I. 2011/2329, art. 3

F60 Words in s. 82(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 21(b); S.I. 2011/2329, art. 3

F61 Words in s. 82(1) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 21(c); S.I. 2011/2329, art. 3

F62 Words in s. 82(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 21(d); S.I. 2011/2329, art. 3

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 [F63 EU] 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 M3 Trade Union and Labour Relations (Consolidation) Act 1992 or Article 127 of the M4 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.

Textual Amendments

F63 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3)4(2)6(4)(5))

Commencement Information

I2 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

M3 1992 c. 52.

M4 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

I3 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)

C4 S. 85 applied (7.3.2001) by S.I. 2001/878, art. 15 (with art. 17)

Commencement Information

I4 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

I5 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

I6 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

I7 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. [F64 Postal services: supplementary]

Textual Amendments

F64 Pt. VI heading substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 22; S.I. 2011/2329, art. 3

Schemes and limitation of liability U.K.

89 Schemes as to terms and conditions for provision of [F65 postal services]. U.K.

[F66 (1) A postal operator may make a scheme under this section in relation to any or all of the postal services provided by the operator.]

(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, [F67 and]

(b) the other terms and conditions which are to be applicable to the services concerned, F68 ...

F68 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F69 the postal operator] 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 [F70 the postal operator] 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 [F71 the postal operator] 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.

Textual Amendments

F65 Words in s. 89 heading substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 23(2); S.I. 2011/2329, art. 3

F66 S. 89(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 23(3); S.I. 2011/2329, art. 3

F67 Word in s. 89(2)(a) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 23(4)(a); S.I. 2011/2329, art. 3

F68 S. 89(2)(c) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 23(4)(b); S.I. 2011/2329, art. 3

F69 Words in s. 89(3)(a) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 23(5); S.I. 2011/2329, art. 3

F70 Words in s. 89(4)(a) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 23(5); S.I. 2011/2329, art. 3

F71 Words in s. 89(7) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 23(5); S.I. 2011/2329, art. 3

Commencement Information

I8 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)

[F72 89A Powers of OFCOM in relation to schemes U.K.

(1) A postal operator may not make a scheme under section 89 unless—

(a) the operator has notified OFCOM of the scheme that the operator is proposing to make, and

(b) the operator has carried out a consultation exercise in relation to the proposed scheme in accordance with requirements contained in a notification published by OFCOM.

(2) OFCOM may give a direction to a postal operator who has notified a scheme to them under subsection (1)(a) requiring the operator to make such modifications of the scheme as are specified in the direction.

(3) Before giving a direction under subsection (2), OFCOM must publish a notification—

(a) setting out the terms of the scheme that the operator proposes to make,

(b) stating that OFCOM are proposing to give a direction under subsection (2) modifying the scheme,

(c) setting out the effect of the proposed modification,

(d) giving reasons for making the proposed modification, and

(e) specifying the period within which representations may be made to them about the proposed modification.

(4) The specified period must be at least one month beginning with the day after the day the notification under subsection (3) is published.

(5) OFCOM may not give a direction under subsection (2) unless they have considered every representation and proposal made to them during the period specified in that notification.

(6) If the scheme is not in force at the time at which that notification is published, the operator may not bring the scheme into force until such time as OFCOM may direct.

(7) OFCOM must publish a notification of any direction that they make under subsection (2).

(8) The publication of a notification under this section must be in such manner as OFCOM consider appropriate for bringing its contents to the attention of such persons as they consider appropriate.

(9) An obligation imposed on a postal operator by a direction under subsection (2) is enforceable by OFCOM under Schedule 7 to the Postal Services Act 2011 (enforcement of regulatory requirements).]

Textual Amendments

F72 S. 89A inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 24; S.I. 2011/2329, art. 3

90 Exclusion of liability. U.K.

[F73 (A1) This section applies in relation to—

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

(b) the provision by a postal operator of a service in relation to which a scheme under section 89 (made by the operator) applies.

(A2) In this section—

(a) “the operator” means the universal service provider or the postal operator concerned, and

(b) “the service” means the service mentioned in subsection (A1)(a) or (b) (as the case may be).]

(1) No proceedings in tort shall lie or, in Scotland, be competent against [F74 the operator] in respect of loss or damage suffered by any person in connection with the provision of [F75 the 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 [F76 the operator] shall be subject, except at the suit or instance of [F77 the operator], to any civil liability for—

(a) any loss or damage in the case of which liability of [F77 the operator] is excluded by subsection (1), or

(b) any loss of, or damage to, [F78 a postal 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 [F79 the operator], to any civil liability for—

(a) any loss or damage in the case of which liability of [F80 the operator] is excluded by subsection (1), or

(b) any loss of, or damage to, [F81 a postal 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 M5 Crown Proceedings Act 1947.

(5) This section is subject to section 91.

Textual Amendments

F73 S. 90(A1)(A2) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 25(2); S.I. 2011/2329, art. 3

F74 Words in s. 90(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 25(3)(a); S.I. 2011/2329, art. 3

F75 Words in s. 90(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 25(3)(b); S.I. 2011/2329, art. 3

F76 Words in s. 90(2) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 25(4)(a); S.I. 2011/2329, art. 3

F77 Words in s. 90(2) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 25(4)(b); S.I. 2011/2329, art. 3

F78 Words in s. 90(2)(b) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 25(4)(c); S.I. 2011/2329, art. 3

F79 Words in s. 90(3) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 25(5)(a); S.I. 2011/2329, art. 3

F80 Words in s. 90(3) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 25(5)(b); S.I. 2011/2329, art. 3

F81 Words in s. 90(3)(b) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 25(5)(c); S.I. 2011/2329, art. 3

Commencement Information

I9 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

M5 1947 c. 44.

91 Limited liability for [F82 postal packets]. U.K.

(1) Proceedings shall lie or, in Scotland, be competent against [F83 a postal operator] under this section, but not otherwise, in respect of relevant loss of, or relevant damage to, [F84 a postal packet] in respect of which [F85 the operator] 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 [F86 the postal operator] 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 [F87 postal operator] 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).

F88 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F82 Words in s. 91 heading substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 26(2); S.I. 2011/2329, art. 3

F83 Words in s. 91(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 26(3)(a); S.I. 2011/2329, art. 3

F84 Words in s. 91(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 26(3)(b); S.I. 2011/2329, art. 3

F85 Words in s. 91(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 26(3)(c); S.I. 2011/2329, art. 3

F86 Words in s. 91(2) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 26(4); S.I. 2011/2329, art. 3

F87 Words in s. 91(4) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 26(5); S.I. 2011/2329, art. 3

F88 S. 91(6) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 26(6); S.I. 2011/2329, art. 3

Modifications etc. (not altering text)

C5 S. 91 applied (with modifications) (22.3.2001) by S.I. 2001/1148, art. 26 (with art. 34)

Commencement Information

I10 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)

C6 S. 92 applied (with modifications) (22.3.2001) by S.I. 2001/1148, art. 26 (with art. 34)

Commencement Information

I11 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 [F89 OFCOM], the Council and such other persons as he considers appropriate.

Textual Amendments

F89 Word in s. 93(2) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 27; S.I. 2011/2329, art. 3

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 [F90 First-tier 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.

Textual Amendments

F90 Words in s. 94(3)(b) substituted (1.9.2009) by Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009 (S.I. 2009/1885), art. 1(1), Sch. 1 para. 25

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

I12 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 [F91 a postal operator in connection with the provision of postal services],

(b) consigned by [F92 a postal operator in connection with the provision of postal services] to another for carriage (whether to a foreign postal administration or not), or

(c) consigned by a foreign postal administration to [F93 a postal operator in connection with the provision of postal services] 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 [F94 a postal operator in connection with the provision of postal services].

(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 M6 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 M7 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 M8 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 M9 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.

Textual Amendments

F91 Word in s. 97(1)(a) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 28(2)(a); S.I. 2011/2329, art. 3

F92 Words in s. 97(1)(b) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 28(2)(b); S.I. 2011/2329, art. 3

F93 Words in s. 97(1)(c) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 28(2)(b); S.I. 2011/2329, art. 3

F94 Words in s. 97(2)(b) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 28(3); S.I. 2011/2329, art. 3

Marginal Citations

M6 1964 c. 40.

M7 1964 c. 40.

M8 1954 c. 33 (N.I.).

M9 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 [F95 a postal operator in connection with the provision of postal services],

(b) consigned by [F96 a postal operator in connection with the provision of postal services] to another for carriage (whether to a foreign postal administration or not),

(c) consigned by a foreign postal administration to [F97 a postal operator in connection with the provision of postal services] for carriage, or

(d) consigned by one foreign postal administration to another and which, when in the United Kingdom, are in the charge of [F98 a postal operator in connection with the provision of postal services].

Textual Amendments

F95 Words in s. 98(a) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 29(a); S.I. 2011/2329, art. 3

F96 Words in s. 98(b) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 29(b); S.I. 2011/2329, art. 3

F97 Words in s. 98(c) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 29(c); S.I. 2011/2329, art. 3

F98 Words in s. 98(d) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 29(d); S.I. 2011/2329, art. 3

Common carriers U.K.

99 Common carriers. U.K.

A [F99 postal operator] shall not be regarded as a common carrier so far as he is providing [F100 postal services].

Textual Amendments

F99 Words in s. 99 substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 30(a); S.I. 2011/2329, art. 3

F100 Words in s. 99 substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 30(b); S.I. 2011/2329, art. 3

Certain exemptions from postage etc. U.K.

100 Certain exemptions from postage etc. U.K.

F101 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Subsection (5) applies where the postage chargeable by a [F102 postal operator] in connection with the provision of [F103 postal services] 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 [F104 postal operator] (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.

Textual Amendments

F101 S. 100(1)-(3) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 31(2); S.I. 2011/2329, art. 3

F102 Words in s. 100(4) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 31(3)(a); S.I. 2011/2329, art. 3

F103 Words in s. 100(4) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 31(3)(b); S.I. 2011/2329, art. 3

F104 Words in s. 100(5) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 31(4); S.I. 2011/2329, art. 3

Modifications etc. (not altering text)

C7 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 [F105 a direction to OFCOM in connection with the exercise of their functions relating to postal services] 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 [F106 OFCOM]—

(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 [F107 a direction (relating to the provision of postal services) to—

(a) a postal operator,

(b) a description of postal operators, or

(c) all postal operators.]

(4) Directions under subsection (3) may, in particular, require a [F108 postal operator]—

(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 [F109 OFCOM].

[F110 (6) Before giving a direction under subsection (3) to a particular postal operator (as opposed to all postal operators or a description of them), the Secretary of State must consult the operator.]

(7) The Secretary of State—

(a) shall send to [F111 OFCOM] 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.

Textual Amendments

F105 Words in s. 101(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 32(2); S.I. 2011/2329, art. 3

F106 Word in s. 101(2) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 32(3); S.I. 2011/2329, art. 3

F107 Words in s. 101(3) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 32(4); S.I. 2011/2329, art. 3

F108 Words in s. 101(4) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 32(5); S.I. 2011/2329, art. 3

F109 Word in s. 101(5) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 32(6); S.I. 2011/2329, art. 3

F110 S. 101(6) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 32(7); S.I. 2011/2329, art. 3

F111 Word in s. 101(7)(a) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 32(8); S.I. 2011/2329, art. 3

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 [F112 an EU 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 [F113 OFCOM] 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.

Textual Amendments

F112 Words in s. 102(1)(a)(i) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 33(2); S.I. 2011/2329, art. 3

F113 Word in s. 102(3)(a) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 33(3); S.I. 2011/2329, art. 3

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—

F114 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F114 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F115 (ba) a power conferred by section 104A,]

(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).

Textual Amendments

F114 S. 104(3)(a)(b) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 34(a); S.I. 2011/2329, art. 3; S.I. 2011/2329, art. 3

F115 S. 104(3)(ba) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 34(b); S.I. 2011/2329, art. 3

Modifications etc. (not altering text)

C8 S. 104(1)-(3) applied (22.3.2001) by S.I. 2001/1148, art. 28 (with art. 34)

Commencement Information

I13 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)

[F116 104A Power to detain packets in respect of unpaid or underpaid postage U.K.

(1) A postal operator—

(a) may detain any postal packet in respect of which there has been no payment, or an underpayment, for postage, and

(b) may impose a surcharge in respect of that non-payment or underpayment.

(2) A postal operator may detain the packet until the correct postage and any surcharge have been paid.

(3) OFCOM may give a direction to a postal operator—

(a) limiting the amount of any surcharge, and

(b) limiting the length of time for which a postal packet may be detained under subsection (2) (and, if a direction is given under this paragraph, that subsection has effect subject to the direction).

(4) Where a direction is given to an operator limiting the amount of a surcharge, subsection (2) has effect in relation to the operator (in any case where the surcharge would otherwise exceed the amount specified in the direction) as if the surcharge were equal to the amount specified in the direction.

(5) Before giving a direction to a postal operator under this section, OFCOM must—

(a) inform the operator that they propose to give it a direction, and

(b) allow the operator an opportunity to make representations about the proposal.]

Textual Amendments

F116 S. 104A inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 35; S.I. 2011/2329, art. 3

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.

[F117 (4A) A postal operator may detain a postal packet to which this section applies until any duties and charges in respect of the packet that are recoverable by virtue of subsection (3) have been paid.]

(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.

[F118 (6) And in this section “ goods ” includes cash (within the meaning of section 289(6) and (7) of the Proceeds of Crime Act 2002). ]

Textual Amendments

F117 S. 105(4A) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 36; S.I. 2011/2329, art. 3

F118 S. 105(6) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 99(4), 116(3)(b); S.I. 2010/52, art. 2

Commencement Information

I14 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)

[F119 105A Section 105: limit on handling charges etc U.K.

(1) OFCOM may give a direction to a postal operator—

(a) limiting the amount of any handling charge, and

(b) limiting the length of time for which a postal packet may be detained under section 105(4A) (and, if a direction is given under this paragraph, that subsection has effect subject to the direction).

(2) Where a direction is given to an operator limiting the amount of a handling charge, section 105(3) to (4A) have effect in relation to the operator (in any case where the charge would otherwise exceed the amount specified in the direction) as if the charge were equal to the amount specified in the direction.

(3) Before giving a direction to a postal operator under this section, OFCOM must—

(a) inform the operator that they propose to give it a direction, and

(b) allow the operator an opportunity to make representations about the proposal.

(4) In this section “handling charge” means a charge payable to a postal operator, in respect of a postal packet, for the performance by the operator of all or any of the duties mentioned in section 105(2)(c).]

Textual Amendments

F119 S. 105A inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 37; S.I. 2011/2329, art. 3

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 [F120 in the presence of a representative of the postal operator].

F121 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) F122 ..., forward the packet to him by post.

Textual Amendments

F120 Words substituted for s. 106(4)(a)(b) (8.4.2010) by Finance Act 2010 (c. 13), s. 57(2)

F121 S. 106(5) omitted (8.4.2010) by virtue of Finance Act 2010 (c. 13), s. 57(3)

F122 Words in s. 106(7)(b) omitted (8.4.2010) by virtue of Finance Act 2010 (c. 13), s. 57(4)

Commencement Information

I15 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)

C9 S. 107(1) applied (22.3.2001) by S.I. 2001/1148, art. 29 (with s. 34)

Commencement Information

I16 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)

C10 S. 108 applied (22.3.2001) by S.I. 2001/1148, art. 30 (with art. 34)

Commencement Information

I17 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 M10 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 M11 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)

C11 S. 109 applied (7.3.2001) by S.I. 2001/878, art. 16 (with art. 17)

Commencement Information

I18 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

M10 1968 c. 60.

M11 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

I19 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)

C12 Ss. 111-114 modified (temp.) (15.9.2011) by The Postal Services Act 2011 (Commencement No. 1 and Transitional Provisions) Order 2011 (S.I. 2011/2329), art. 4

C13 S. 111(1)-(4) modified (22.3.2001) by S.I. 2001/1148, art. 31 (with art. 34)

Commencement Information

I20 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.

Modifications etc. (not altering text)

C12 Ss. 111-114 modified (temp.) (15.9.2011) by The Postal Services Act 2011 (Commencement No. 1 and Transitional Provisions) Order 2011 (S.I. 2011/2329), art. 4

Commencement Information

I21 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)

C12 Ss. 111-114 modified (temp.) (15.9.2011) by The Postal Services Act 2011 (Commencement No. 1 and Transitional Provisions) Order 2011 (S.I. 2011/2329), art. 4

C14 S. 113(1)(a) modified (22.3.2001) by S.I. 2001/1148, art. 31 (with art. 34)

Commencement Information

I22 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.

Modifications etc. (not altering text)

C12 Ss. 111-114 modified (temp.) (15.9.2011) by The Postal Services Act 2011 (Commencement No. 1 and Transitional Provisions) Order 2011 (S.I. 2011/2329), art. 4

Commencement Information

I23 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 M12 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 M13 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

M12 1969 c. 48.

M13 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 [F123 OFCOM] for an injunction or for interdict or for any other appropriate relief or remedy.

[F124 (2A) OFCOM may give a direction to the owner for the time being of the Postcode Address File requiring the owner—

(a) to issue, and comply with, a code of practice dealing with the making of revisions to the File, or

(b) to make such modifications of the code as are specified in the direction.

(2B) A direction under subsection (2A) is enforceable under Schedule 7 to the Postal Services Act 2011; but, where it is given to a person who is not providing a postal service, that Schedule has effect with the omission of paragraphs 7(2) and (3), 8(4) and 11.]

(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.

[F125 (5) OFCOM may give a direction to the owner of the Postcode Address File as to the terms that may be imposed under subsection (1)(b).

(6) If it does so, no term that contravenes the direction may be imposed under that provision.]

Textual Amendments

F123 Word in s. 116(2) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 42(2); S.I. 2011/2329, art. 3

F124 S. 116(2A)(2B) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 42(3); S.I. 2011/2329, art. 3

F125 S. 116(5)(6) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 42(4); S.I. 2011/2329, art. 3

F126 117 Records of the former Postmaster General’s department. U.K.

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

Textual Amendments

F126 S. 117 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 43; S.I. 2011/2329, art. 3

F127 118 Supplementary provisions relating to the Council. U.K.

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

Textual Amendments

F127 S. 118 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 44; S.I. 2011/2329, art. 3

F128 119 General restrictions on disclosure of information. U.K.

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

Textual Amendments

F128 S. 119 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 45; S.I. 2011/2329, art. 3

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 M14 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 M15 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

M14 1978 c. 30.

M15 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 F129 ...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 F130 ...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 F131 ...70, 74, 102, 104(4) and 128 and paragraph 1(5) of Schedule 3 (including that paragraph as applied by section 118(3))F131 ... 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 M16 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 F132 ...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)

Textual Amendments

F129 Words in s. 122(3) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 46(2); S.I. 2011/2329, art. 3

F130 Word in s. 122(5) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 46(3); S.I. 2011/2329, art. 3

F131 Words in s. 122(10) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 46(4); S.I. 2011/2329, art. 3

F132 Words in s. 122(12) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 46(5); S.I. 2011/2329, art. 3

Marginal Citations

M16 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.

[F133 (4) OFCOM may give a direction under this Act only if they are satisfied that the direction—

(a) is objectively justifiable,

(b) does not discriminate unduly against particular persons or a particular description of persons,

(c) is proportionate to what it is intended to achieve, and

(d) is transparent in relation to what it is intended to achieve.]

Textual Amendments

F133 S. 123(4) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 47; S.I. 2011/2329, art. 3

124 General financial provision. U.K.

(1) There shall be paid out of money provided by Parliament—

F134 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

Textual Amendments

F134 S. 124(1)(a) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 48; S.I. 2011/2329, art. 3

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,

• [F135 “ the Council ” means the National Consumer Council, ]

• “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 M17 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 M18 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 M19 Northern Ireland Act 1998,

• “Northern Ireland Minister” includes the First Minister and the deputy First Minister in Northern Ireland,

• “notice” means notice in writing,

• [F136 “OFCOM” means the Office of Communications,]

• “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,

• [F137 “postal operator” has the same meaning as in Part 3 of the Postal Services Act 2011 (see section 27(3) to (5) of that Act)),]

• “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 [F138 improvement of quality of service, as amended from time to time,]

• “public holiday” means Christmas Day, Good Friday or a day which is a bank holiday under the M20 Banking and Financial Dealings Act 1971 in any part of the United Kingdom,

• [F139 “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),]

• “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 M21 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 M22 Northern Ireland Act 1998),

• [F140 references to the provision of a “universal postal service” are to be read in accordance with sections 30 to 33 and section 65(3) of the Postal Services Act 2011,]

• [F140 “universal postal service letter box” has the meaning given by section 86 of this Act,]

• [F140 “universal postal service post office” has the meaning given by that section,]

• [F140 “universal service provider” has the meaning given by section 65(1) of the Postal Services Act 2011,]

• “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 [F141 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 [F142 section 1159 of the Companies Act 2006].

Textual Amendments

F135 Words in s. 125(1) inserted (21.12.2007 for specified purposes, 1.10.2008 in so far as not already in force) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 30(4)(c), 66(2) (with s. 6(9), Sch. 3); S.I. 2007/3546, art. 3, Sch.; S.I. 2008/2550, art. 2, Sch.

F136 Words in s. 125(1) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 49(2); S.I. 2011/2329, art. 3

F137 Words in s. 125(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 49(3); S.I. 2011/2329, art. 3

F138 Words in s. 125(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 49(4); S.I. 2011/2329, art. 3

F139 Words in s. 125(1) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 49(5); S.I. 2011/2329, art. 3

F140 Words in s. 125(1) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 49(6); S.I. 2011/2329, art. 3

F141 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)

F142 Words in s. 125(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 183(5) (with art. 10)

Marginal Citations

M17 1998 c. 47.

M18 1968 c. 59.

M19 1998 c. 47.

M20 1971 c. 80.

M21 1978 c. 30.

M22 1998 c. 47.

F143 126 Index of defined expressions. U.K.

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

Textual Amendments

F143 S. 126 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 50; S.I. 2011/2329, art. 3

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

I24 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)

I25 S. 127(6) in force at 1.5.2007 for specified purposes by S.I. 2007/1181, art. 2, Sch.

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).