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Post Office Act 1969

1969 CHAPTER 48

An Act to abolish the office of master of the Post Office, distribute the business conducted by the holder thereof amongst authorities constituted for the purpose and make provision consequential on the abolition of that office and the distribution of the business so conducted; to amend, replace or repeal certain provisions of the enactments relating to posts, telegraphs and savings banks; to amend the law relating to stamp duty; and to empower the Treasury to dispose of their interest in the shares of Cable and Wireless Limited.

F1[25th July 1969]

Extent Information

E1Act: This Act extends to the U.K. but see s. 88

Textual Amendments

F1Act repealed in part (Isle of Man) (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 11(5)

Modifications etc. (not altering text)

C1Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1

C21.10.1969 appointed by S.I. 1969/1066 as the day which in the repealed s. 1(1) of the Act is specified as being referred to in the Act as the “appointed day”

Commencement Information

I1Act wholly in force at Royal Assent

Part IU.K.

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2U.K.

Part IIU.K. The Minister of Posts and Telecommunications and his Functions

2The Minister of Posts and Telecommunications.U.K.

(1)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(6)In the following provisions of this Act, “the Minister” means [F4the Secretary of State] . . .

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F4Words substituted by virtue of S.I. 1974/691, arts. 2, 3(3)

Modifications etc. (not altering text)

C4Unreliable marginal note

F53 Transfer to the Minister of the Postmaster General’s functions with respect to wireless telegraphy, and provisions consequential thereon.U.K.

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

4 Transfer to the Minister of the Postmaster General’s functions under section 6 of the Commonwealth Telegraphs Act 1949.U.K.

The functions which are vested in the Postmaster General by virtue of section 6 of the M1Commonwealth Telegraphs Act 1949 (provisions as to pensions of employees of Cable and Wireless Limited and certain other persons) shall, on the appointed day, vest in the Minister; and, accordingly, as from that day, references in that section to the Postmaster General shall be construed as referring to the Minister.

Marginal Citations

5 Transfer to the Minister of the Postmaster General’s power to make orders under the Recorded Delivery Service Act 1962.U.K.

The power conferred by subsection (3) of section 1 of the Recorded Delivery Service Act 1962 on the Postmaster General by order to make such amendments of enactments contained in local or private Acts as appear to him to be necessary or expedient in consequence of subsection (1) of that section shall, on the appointed day, vest in the Minister; and, accordingly, as from that day, the reference to the Postmaster General in the said subsection (3) and the reference to him in subsection (4) of that section (which lays on him a duty of consultation before making an order under subsection (3)) shall each be construed as referring to the Minister.

Part IIIU.K. The new Authority for the Conduct of postal and telegraphic Business

Modifications etc. (not altering text)

The Post OfficeU.K.

F66 The Post Office.U.K.

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

Textual Amendments

Powers and Duties of the Post OfficeU.K.

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F7S. 7 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.)

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F8S. 8 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.)

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F9U.K.

F1010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F10S. 10 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.)

Powers of the Minister of Posts and Telecommunications over the Post OfficeU.K.

F1111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F11S. 11 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.)

F1212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F12S. 12 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F13U.K.

The Post Office Users’ CouncilsU.K.

F1414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F1515. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

General Provisions as to Transfer to the Post Office of Property, Rights and Liabilities of the Postmaster GeneralU.K.

F1616. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F16S. 16 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(1)(11))

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F17U.K.

F1818. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F18S. 18 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(1)(2)(11))

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F19U.K.

Transfer to the Post Office of the Postmaster General’s statutory Rights and Liabilities as to Mails and Telegraphs and of Rights and Liabilities, &c., of his under certain Acts authorising the Acquisition of Land or the Execution of WorksU.K.

20 Rights and liabilities as to conveyance of mails.U.K.

(1)On the appointed day—

F20(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(b)the rights which, by virtue of sections 33, 34, 36(1) and 42 of the principal Act (which contain provisions enabling him to compel railway undertakers to undertake the conveyance of mail-bags by train and by ships which are owned or worked by them or in the case of which they are parties to arrangements for the use, maintenance or working thereof) he enjoys immediately before that day and the countervailing obligations with respect to payment of remuneration for services performed which, immediately before that day, are, by virtue of sections 35 and 36(2) of the principal Act, incumbent on him shall become those of the Post Office;]

F20(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(d)the obligation to him which, by virtue of subsection (1) of section 38 of the principal Act, is, immediately before that day, incumbent on railway undertakers to perform services with respect to the conveyance of mail-bags and the other matters mentioned in that subsection and the right which, by virtue of subsection (2) of that section, they enjoy, immediately before that day, to receive from him remuneration for services performed shall respectively become an obligation to the Post Office and a right against it.]

F22(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20S. 20(1)(a)(c) and word “and” at the end of para. (c) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

F22S. 20(2) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F23U.K.

22 Rights and liabilities, &c., arising out of Acts authorising the acquisition of land or the execution of works.U.K.

(1)Any provision of the Sites Acts, the M2Post Office Extension Act 1865, the M3Manchester Post Office Act 1876, the M4Post Office (London) Railway Act 1913, the M5Post Office (Site and Railway) Act 1954, the M6Post Office Works Act 1959 or the M7Post Office Subway Act 1966 which is in force immediately before the appointed day and contains references to the Postmaster General shall, so far as necessary for preserving its effect on and after that day, have effect as from that day as if those references were references to the Post Office.

(2)As from the appointed day, any rights or powers vested in, or exercisable by, the Post Office under the enactments relating to telegraphs in respect of works of any kind whatsoever executed under those enactments shall extend to, and may be exercised by it in respect of, the portions of the tube constructed by the Pneumatic Despatch Company, Limited, that vest in the Post Office by virtue of section 16 of this Act.

(3)Section 20 of the M8Bristol Cattle Market Act 1930 (which empowers the Postmaster General, amongst others, to enter into and carry out agreements with reference to any of the matters referred to in that Act or the agreements mentioned in that section) shall, as from the appointed day, have effect with the substitution, for the reference to the Postmaster General, of a reference to the Post Office.

(4)Section 16 of the M9City of London (Various Powers) Act 1950 (which provides for the continuance of the making, by the Postmaster General, the Mayor and commonalty and citizens of the city of London acting by the common council and the Mercers’ Company of certain periodic payments to the incumbents and clerks of certain benefices in the city, being payments originally required to be made under enactments repealed by that Act) shall, as from the appointed day, have effect as if, in Schedule 1 to that Act, for references to the Postmaster General, there were substituted references to the Post Office; and the rights of indemnity in favour of the Postmaster General that are saved by the proviso to section 18 of that Act shall, as from that day, enure for the benefit of the Post Office and the charges on property to secure the payment of money payable to the Postmaster General in respect of indemnities so saved which are themselves also saved by that proviso shall, as from that day, have effect accordingly.

(5)The reference in subsection (1) above to the Sites Acts is a reference to the Acts passed during the years 1885 to 1938 (both inclusive) the short title of each of which consists of the words “The Post Office (Sites) Act” followed by the year in which it was passed.

Modifications etc. (not altering text)

C6The text of ss. 20(2), 22(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M41913 c. cxvi.

M81930 c. clxxix.

23—27.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F24U.K.

Charges and other Terms and Conditions applicable to ServicesU.K.

F2528. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F25S. 28 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.)

Limitation of LiabilityU.K.

F2629. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F26S. 29 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.)

F2730. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F27S. 30 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.)

FinanceU.K.

31, 32.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F28U.K.

F2933. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F30U.K.

35, 36.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F31U.K.

F3237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F32S. 37 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.)

F3338. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F33S.38 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.)

F3439. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F34S. 39 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.)

BankingU.K.

F3540. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F3641. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F37U.K.

Pensions and other BenefitsU.K.

F3843. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F3944. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F40U.K.

F4146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F4247. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F4348. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

49 Provisions as to pensions of former employees of Cable and Wireless Limited and certain other persons. U.K.

(1)The Minister may, by statutory instrument (which shall be subject to annulment in pursuance of a resolution of either House of Parliament) make, with the consent of [F44the Treasury], such regulations with respect to the payment of pensions to, or in respect of, persons who, at the passing of this Act are serving in the department of the Postmaster General, being—

(a)persons who have pension rights under any of the following schemes, that is to say, the existing pension schemes, the scheme for the payment of pensions commonly known as the Cable and Wireless Pension Fund (being a scheme subsisting by virtue of regulations made under section 6 of the M10Commonwealth Telegraphs Act 1949) and the scheme for the payment of pensions commonly known as the Cable and Wireless Staff Dependants’ Fund (being a scheme so subsisting); or

(b)persons, other than as aforesaid, who have been in the employment of Cable and Wireless Limited;

as appear to him to be requisite for securing that they, and persons claiming in right of them, are not adversely affected in the matter of pension rights by reason only that, in consequence of this Act, they cease to serve in that department.

(2)Subsections (2) to (4), (7) and (8) of the said section 6 shall apply for the purposes of this section as if references to that section and subsection (1) thereof included references to the foregoing subsection, as if, for references to the existing pension schemes (except in subsection (8)), there were substituted references to the schemes mentioned in subsection (1)(a) above, and as if, in subsection (7), for the reference to 1st January 1947 there were substituted a reference to the day on which this Act passes; and subsection (5) of that section shall, in its application to subsection (2)(a), as applied by this section, have effect as if, for the references to the purposes of any of the existing pension schemes, there were substituted a reference to the purposes of any of the schemes so mentioned.

(3)Regulations under this section may amend or revoke provisions of regulations under the said section 6.

Textual Amendments

F44Words substituted by virtue of S.I. 1981/1670, arts. 2 (c), 3(5)

Modifications etc. (not altering text)

Marginal Citations

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F45U.K.

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F46U.K.

52F47 RatingU.K.

Textual Amendments

F47S. 52 repealed (E.W.) by S.I. 1990/776, art. 3(1)(2), Sch. 1 and s. 52(2)(3) repealed by S.I. 1976/206, art. 7(b)(ii)

53F48

Textual Amendments

54F49

LandsU.K.

F5055. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F5156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F5257. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F5358. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F5459. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F5560. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F5661. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F5762. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F5863. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

Miscellaneous MattersU.K.

F5964. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F59S. 64 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (with art. 34)

65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F60U.K.

F6166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F6267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F63U.K.

F6469. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F64S. 69 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.)

F6570. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F65S. 70 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.)

F6671. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F66S. 71 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.)

F6772. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F6873. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

74 Taxation of the Post Office’s profits and capital gains.U.K.

(1)F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F70The [F71M11Taxation of Chargeable Gains Act 1992]] shall apply in relation to a disposal by the Post Office of an asset acquired by virtue of this Part of this Act as if the acquisition or provision of the asset by the Crown had been the acquisition or provision of it by the Post Office.

Textual Amendments

F69S. 74(1) repealed by British Telecommunications Act 1981, (c. 38), Sch. 6 Pt. I

F71Words in s. 74(2) substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the substituting Act) by virtue of Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para.1 (with ss. 60, 101(1), 201(3))

Marginal Citations

75 Records.U.K.

F72(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F73(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F73S. 75(2) repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.)

76 Consequential adaptations of enactments.U.K.

The provisions of Schedule 4 to this Act shall have effect for adapting the provisions of the enactments and Orders in Council therein mentioned in consequence of the assumption by the Post Office of functions which, before the appointed day, are exercised and performed by the Postmaster General.

F7477. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F74S. 77 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F75U.K.

F7679. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F76S. 79 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

F7780. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F77S. 80 repealed (except in so far as it extends to the Bailiwick of Guernsey) (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (with art. 34)

F7881. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F78S. 81 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.)

82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F79U.K.

83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F80U.K.

F8184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F82U.K.

86 Interpretation of Part III.U.K.

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

F97(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

F98F99(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84S. 86(1): definition of “banker” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

F85S. 86(1): definition of “the British Islands” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

F86S. 86(1): definition of “cash on delivery service” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

F87S. 86(1): definition of “foreign administration” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

F88S. 86(1): definition of “harbour” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

F89S. 86(1): definition of “harbour authority” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

F90S. 86(1): definition of “hovercraft” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

F91S. 86(1): definition of “local authority” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

F92S. 86(1): definition of “mail-bag” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

F93S. 86(1): definition of “national health service authority” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

F94S. 86(1): definition of “statutory provision” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

F95S. 86(1): definition of “telecommunication system” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

F96S. 86(1): definition of “telepost service” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

F99S. 86(4) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

Modifications etc. (not altering text)

C8S. 86(1): by s. 84(2)(a) of the Local Government Act 1985 it is provided that until 1.4.1986 references to the Inner London Education Authority in any amendment made by Sch. 14 to the said Act shall be construed as references to the Inner London Interim Education Authority

C9S. 86(1) extended (E.W.) by S.I. 1985/1884, art. 4(f)

C10S. 86(1) amended by S.I. 1987/2110, art. 8(c)

Marginal Citations

F10087 Power of Her Majesty in Council to make necessary provision if the Post Office surrenders privileges as regards the Isle of Man or the Channel Islands.U.K.

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

Textual Amendments

Extent of Part III and related SchedulesU.K.

88 Extent of Part III and related Schedules.U.K.

(1)The following shall extend to the Isle of Man and the Channel Islands, namely,—

(a)this Part of this Act, except sections 76 and 77 and any provision which, by its terms, is limited in its operation to a part of the United Kingdom; and

(b)Schedules 1 and 2 to this Act.

(2)Section 76 of, and Schedule 4 to, this Act shall—

(a)in their application to an enactment that is expressed (either in the Act containing it or in another Act, and either directly or indirectly) to extend to the Isle of Man, extend to that Isle; and

(b)in their application to an enactment that is so expressed to extend to the Channel Islands, extend to those Islands.

(3)

F101F102(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Subsections (1), (2) and (4) above shall have effect subject to the provisions of any Order in Council made under the last foregoing section.

(6)F103

Part IVU.K.

89—92.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F104U.K.

Textual Amendments

Part VU.K. Provisions for securing the Continuance of the Carrying on, under the Auspices of a Director of Savings in Place of the Postmaster General, of certain financial Business

The Director of SavingsU.K.

93 Appointment, and functions and expenses, &c., of the Director of Savings.U.K.

(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F105

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F106

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F107

Replacement of the Postmaster General by the Director of Savings for the Purposes of the Post Office Savings Bank Acts 1954 and 1966, and Provisions consequential thereonU.K.

94 The National Savings Bank.U.K.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F108

(2)F109, as from the appointed day, F109 and—

(a)(b)F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)any reference to the Postmaster General in a nomination executed under regulations made, or having effect as if made, under section 2 of the M13Post Office Savings Bank Act 1954 shall be construed as referring to the Director of Savings.

(3)The amendment of section 27 of the M14Crown Proceedings Act 1947 effected by virtue of subsection (2)(c) above is an amendment of that section as well in its application to the Crown in right of Her Majesty’s Government in Northern Ireland as in its application to the Crown in right of Her Majesty’s Government in the United Kingdom.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F108

Textual Amendments

F109Words and s. 94(2)(a)(b) repealed by National Savings Bank Act 1971 (c. 29), Sch. 2

Marginal Citations

95—105.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F110U.K.

106, 107.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F111U.K.

Replacement of the Postmaster General by the Director of Savings for the Purposes of the National Debt Act 1958 and the National Loans Act 1968, and Provisions consequential thereonU.K.

108 The stock register kept under Part I of the National Debt Act 1958.U.K.

(1)

F112(a)in section 48 of the M15Finance (No. 2) Act 1915 (procedure on death of a person entitled to government stock), for the words “the Postmaster General” there shall be substituted the words “the Director of Savings” ;

(b)in sections 66 (transfer of government stock on authority of order of a court) and 67 (indemnity on transfer of government stock) of the M16Finance Act 1916, for the words “the Postmaster General” there shall be substituted the words “the Director of Savings” ;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F113

F114(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115

(f)in section 1(4)(c) of the M17Stock Transfer Act 1963 (simplified transfer of securities), for the words “the Post Office register” there shall be substituted the words “the National Savings Stock Register”; and

(g)any reference to the Postmaster General in a nomination executed under regulations made, or having effect as if made, under section 2 of the M18National Debt Act 1958 shall be construed as referring to the Director of Savings.

(2)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F116

Textual Amendments

F113S. 108(1)(c) repealed by Finance Act 1981 (c. 26, SIF 96), s. 187, Sch. 17 Pt. XII and expressed to be repealed (20.7.1998) by S.I. 1998/1446, 30(2), Sch. 2 Pt. I

F115S. 108 (1)(e) repealed by National Debt Act 1972 (c. 65), s. 17, Sch.

F116Ss. 108(2)–(5), 110–112 repealed by National Debt Act 1972 (c. 65), s. 17, Sch.

Modifications etc. (not altering text)

C11The text of s. 108(1)(a)(b)(d)(f) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

109 Power of the Treasury to raise money under the auspices of the Director of Savings.U.K.

The power conferred by section 12 of the M19National Loans Act 1968 on the Treasury to raise money shall extend to raising money under the auspices of the Director of Savings and, in particular, by the issue, under his auspices, of national savings certificates; F117

Textual Amendments

Marginal Citations

110—112.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F118U.K.

Credits to the Post Office in respect of certain capital Expenditure incurred by the Postmaster General in Connection with annuity, savings bank and national debt FunctionsU.K.

F119113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F119S. 113 repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. X Group 5

Extent of Part V and Schedule 6U.K.

114 Extent of Part V and Schedule 6.U.K.

This Part of this Act and Schedule 6 thereto shall extend to the Isle of Man and the Channel Islands.

Part VIU.K. Stamps and Stamp Duties

StampsU.K.

115, 116.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120U.K.

F121117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F121S. 117 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

F122118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F122S. 118 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

F123119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F124120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F124S. 120 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F125U.K.

Textual Amendments

Modifications etc. (not altering text)

122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F126U.K.

Textual Amendments

F127123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F127S. 123 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

124—126.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F128U.K.

127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129U.K.

Special Provisions with respect to Northern IrelandU.K.

F130128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F130S. 128 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

F131129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

Part VIIU.K. Miscellaneous and General

130, 131.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F132U.K.

132 Extension of regulation-making power under section 52(2) of the Government Annuities Act 1929.U.K.

(1)In section 52(2) of the M20Government Annuities Act 1929 (which empowers the National Debt Commissioners, with the concurrence of the Treasury, to make regulations for carrying out the provisions of Part II of that Act so far as regards any annuities or insurances granted by the Commissioners, either directly or through any parochial or other society, and so far as the trustees of savings banks are concerned), the words from “so far as regards” to “concerned” shall cease to have effect on the appointed day.

(2)Without prejudice to [F133section 13 of the M21Interpretation Act 1978], the power to make regulations under the said section 52(2), in so far as it is conferred by virtue of the foregoing subsection, may be exercised at any time after the passing of this Act as if that subsection had come into operation on the passing of this Act, but so that regulations made by virtue of that subsection shall not come into operation before the appointed day.

(3)This section shall extend to the Isle of Man and the Channel Islands.

Textual Amendments

F133Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Modifications etc. (not altering text)

C13The text of ss. 132(1), 137(1)(2), 141(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

F134133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F134S. 133 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(3)(11))

134 Issue by local authorities in Great Britain of dog and game licences.U.K.

[F135(1)As from the appointed day, licences [F136for dogs] shall be issued [F136in Great Britain] by the councils having power to levy the duties [F136thereon and so,] in England and Wales, [F136shall licences] for dealing in, or killing, game.

(2)A council [F137in Great Britain] having power to levy the duties on any such licences as aforesaid may employ persons to act as its agents for the purpose of the issue of the licences and may pay to persons employed so to act such reasonable remuneration as it thinks fit.]

135 Remuneration of the Post Office for issuing dog and game licences in England and Wales.U.K.

[F138(1)Any sums falling to be paid by the [F139Secretary of State] to [F140the Post Office company]in pursuance of any agreement to which he, it and a council in England or Wales are parties, being—

(a)an agreement providing for the issue by [F140the Post Office company], on behalf of the council, of licences of all or any of the following kinds, namely, [F141licences for dogs,] licences for dealing in game and licences for killing game, and the payment by that Minister to [F140 the Post Office company] of sums in consideration of its issuing the licences; F142. . .

F142(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall be paid out of moneys provided by Parliament.

[F143(1A)In subsection (1) above “the Post Office company” has the same meaning as in Part IV of the Postal Services Act 2000.]

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

F144(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F139Words substituted by virtue of S.I. 1970/1681, arts. 2, 6(3)

F140Words in s. 135(1) substituted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8, Pt. II para. 11; S.I. 2000/2957, art. 2(3), Sch. 3 (as substituted by S.I. 2001/1148, art. 43)

F142S. 135(1)(b) and word “or” immediately preceding it repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table

F143S. 135(1A) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(2) (with arts 1(3). 4(11))

F144S. 135(2)(3) repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table

136 Expenses.U.K.

Any increase attributable to the provisions of this Act in sums which, under any other enactment (other than the Ministers of the M22Crown Act 1964), are defrayed out of moneys provided by Parliament shall be defrayed out of moneys so provided, and any increase so attributable in sums which under any other enactment are defrayed out of the Consolidated Fund or the National Loans Fund shall be defrayed out of the first-or last-mentioned fund, as the case may be.

Marginal Citations

137 Cesser of obsolete, &c. enactments.U.K.

F145(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F145(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F146(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F147(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F146S. 137(3) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

Modifications etc. (not altering text)

C14The text of ss. 132(1), 137(1)(2), 141(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

138 Transitional provisions.U.K.

(1)The general transitional provisions contained in Schedule 9 to this Act, and the special transitional provisions with respect to patents for inventions and registered designs contained in Schedule 10 to this Act, shall have effect.

(2)This section and the said Schedules 9 and 10 shall extend to the Isle of Man, and this section and the said Schedule 9 shall extend to the Channel Islands.

139 Application to Northern Ireland. U.K.

(1)In the application of this M23Act to Northern Ireland—

(a)any reference to an enactment of the Parliament of Northern Ireland (except a reference to Schedule 5 or 6 to the Roads Act (Northern Ireland) 1948) or to an enactment which that Parliament has power to amend—

(i)shall, except in Schedule 4 to this Act, be construed as including a reference to any enactment of the Parliament of Northern Ireland passed after this Act and re-enacting the said enactment with or without modification;

(ii)shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by any enactment, whether passed before or after this Act, and including a reference thereto as extended or applied by or under any other enactment, including this Act;

(b)“Act” and “enactment” (except in subsection (1) of the next following section) respectively include an Act and an enactment of the Parliament of Northern Ireland.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148

(3)F149..., regulations made by the [F150Secretary of State] under the M24Civil Defence Act (Northern Ireland) 1950 may apply to [F151a universal service provider F152... in connection with the provision of a universal postal service F152...] such of the provisions of the M25Civil Defence Act (Northern Ireland) 1939 (except section 7(4) thereof) relating to public utility undertakers as may be specified in the regulations and may specify the [F150Secretary of State] as the appropriate department in relation to [F151a universal service provider F152... in connection with the provision of a universal postal service F152...] for the purpose of the application of any provisions so specified to [F151a universal service provider F152... in connection with the provision of a universal postal service F152...] .

[F153(3A)In subsection (3) “universal service provider” and “universal postal service” have the same meaning as in Part 3 of the Postal Services Act 2011.]

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F154

Textual Amendments

F149Words repealed by S.I. 1973/2163, Sch. 6

F152Words in s. 139(3) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 91(2); S.I. 2011/2329, art. 3

Modifications etc. (not altering text)

C15References to Acts or enactments of the Parliament of Northern Ireland to be construed as including references to Measures of the Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 1(1)(2)

Marginal Citations

140 Construction of references to enactments.U.K.

(1)Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended, and including a reference thereto as extended or applied, by or under any other enactment, including this Act.

(2)Any reference in an Act passed before the passing of this Act to an enactment which is amended by this Act shall, unless the contrary intention appears, be construed, as from the day on which the amendment takes effect, as referring to that enactment as so amended.

F155141 Repeals.U.K.

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

142 Short title.U.K.

This Act may be cited as the Post Office Act 1969.

SCHEDULES

Sections 6, 43, 88.

F156SCHEDULE 1U.K. Incidental Provisions with respect to the Post Office and the Members thereof

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

Sections 41, 88.

F157SCHEDULE 2U.K. Classes of Assets to be held by the Post Office to match its Debts to its banking Customers

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

Textual Amendments

Section 56.

F158SCHEDULE 3U.K. Modifications of Schedules 5 and 6 to the M28Roads Act (Northern Ireland) 1948 for the Purposes of Orders made under Section 56 of this Act

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

Textual Amendments

Marginal Citations

Sections 76, 88, 139.

SCHEDULE 4U.K. Adaptations of Enactments and Orders in Council consequential on the Assumption by the new Authority for the Conduct of postal and telegraphic Business of Functions exercised and performed before the appointed Day by the Postmaster General

Part IU.K. Interpretation

1U.K.In this Schedule “the authority” means the authority established by section 6 of this Act.

Part IIU.K. Adaptations of public general Enactments

Adaptations of Enactments relating to the PostU.K.

F1592U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1603U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Adaptations of Enactments relating to TelegraphsU.K.

4U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F161

5, 6.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F162

7U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F163

Adaptations of Enactments relating to the Supply of ElectricityU.K.

8U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F164

9U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F165

10U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F166

[F16711U.K.As from the appointed day, references to a private generating station in section 11 of the M29Electricity (Supply) Act 1919 (restrictions on the establishment of new generating stations) shall be construed as including references to a generating station (within the meaning of that Act) for the generation of electricity for use wholly or mainly for the purposes of the authority’s undertaking.]

Textual Amendments

Marginal Citations

12, 13U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F168

Textual Amendments

F168Sch. 4 paras. 12, 13 repealed by Electricity (Northern Ireland) Order 1972 and S.I. 1972/1072 (N.I. 9), Sch. 7

Adaptations of other EnactmentsU.K.

F16914U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C16The text of Sch. 4 paras. 2(8)(10)(15)(22), 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

15U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F170

16—19.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F171

20U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F172

F17321U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

22U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F174

23U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F175

24U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F176

25U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F177

26U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F178

F17927U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F179Sch. 4 para. 27 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) and expressed to be repealed (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

28, 29.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F180

F18130U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C17The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

31U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F182

32U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F183

F18433U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

34U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F185

35U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F186

Textual Amendments

F186Sch. 4 para. 35 repealed by Solicitors (Northern Ireland) Order 1976 and S.I. 1976/582 (N.I. 12), Sch. 3

F18736U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

37U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F188

38U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F189

39, 40.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F190

F19141U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

42U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F192

43U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F193

44U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F194

Textual Amendments

45U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F195

46U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F196

47U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F197

48U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F198

49U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F199

50U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F200

F20151U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

52U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F202

Textual Amendments

F202Sch. 4 para. 52 repealed by Drainage (Northern Ireland) Order 1973 and S.I. 1973/69 (N.I. 1), Sch. 10

53U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F203

F20454U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

55U.K.As from the appointed day, the reference to the Post Office in section 12(3)(b) of the M30Criminal Justice Act (Northern Ireland) 1953 (evidence by certificate) shall be construed as including a reference to the authority.

Modifications etc. (not altering text)

C18The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

F20556U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

57U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F206

58U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F207

59(1)Where any work proposed to be done on or after the appointed day by [F208the Northern Ireland Housing Executive] in pursuance of a clearance or demolition order or a re-development scheme made by them under [F209the M31Housing (Northern Ireland) Order 1981] involves, or is likely to involve, an alteration in a telegraphic line belonging to, or used by, the authority, paragraphs (1) to (8) of section 7 of the M32Telegraph Act 1878 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to [F208the Northern Ireland Housing Executive].U.K.

(2)Where, in pursuance of an order under section 22 of the Housing of the M33Working Classes Act 1890, section 14 of the M34Housing Act (Northern Ireland) 1961, [F210Article 51 of the Housing (Northern Ireland) Order 1981] or section 25 of the M35New Towns Act (Northern Ireland) 1965, that comes into operation on or after the appointed day, a public right of way over land is extinguished and, immediately before the day on which the order comes into operation, there is under, in, on, over, along or across the land a telegraphic line of the authority’s, the authority shall have the same powers in respect of the line as if the order had not come into operation; but, if a person entitled to land over which the right of way subsisted requires that the line should be altered, paragraphs (1) to (8) of the said section 7 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the person by whom the alteration is required.

(3)In this paragraph F211telegraphic line” and “alteration” have the same meanings as in the M36Telegraph Act 1878.

Textual Amendments

F208Words substituted by virtue of S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F211Words repealed by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

Marginal Citations

60U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F212

Textual Amendments

61U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F213

62—64.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F214

65U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F215

66U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F216

[F21767U.K.As from the appointed day, section 7(1) of the M37Payment of Wages Act 1960 (interpretation) shall have effect as if, for the definitions of “money order” and “postal order”, there were substituted the following definitions:—

money order” means a money order issued by the Postmaster General or the Post Office and “postal order” means a postal order so issued.]

Textual Amendments

Marginal Citations

68U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F218

69U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F219

F22070U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C19The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

71U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F221

72U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F222

73U.K.As from the appointed day, the references to the Postmaster General in section 53 of the M38Electoral Law Act (Northern Ireland) 1962 (transmission of election addresses) shall be construed as referring to the authority.

Modifications etc. (not altering text)

C20The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

74U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F223

75U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F224

Textual Amendments

76U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F225

[F22677U.K.As from the appointed day, the reference in section 1(4) of the M39Criminal Evidence Act 1965 to the Post Office shall be construed as including a reference to the authority.]

Textual Amendments

Modifications etc. (not altering text)

C21The text of Sch. 4 paras. 77, 80 and 82 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

78U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F227

79U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F228

[F22980U.K.As from the appointed day, the Schedule to the M40Building Control Act 1966 (which specifies bodies in the case of which work carried out by them is exempt from control under that Act) shall have effect as if, at the end thereof, there were added a reference to the authority.]

Textual Amendments

Modifications etc. (not altering text)

C22The text of Sch. 4 paras. 77, 80 and 82 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

81U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F230

F23182U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F231Sch. 4 para. 82 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. IX Gp. 2.

F23283U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23384U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F233Sch. 4 para. 84 repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2

85U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F234

86U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F235

87U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F236

88U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F237

89U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F238

90U.K.As from the appointed day, the authority shall be deemed to be a public utility undertaking for the purposes of section 1 of the M41Local Government and Roads Act (Northern Ireland) 1968.

Marginal Citations

F23991U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F239Sch. 4 para. 91 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Gp. 1

F24092U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F240Sch. 4 para. 92 repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

93(1)[F241A universal service provider F242... in connection with the provision of a universal postal service F243...] shall be deemed to be [F244a statutory undertaker] and [F245his undertaking so far as relating to the provision of a universal postal service] a statutory undertaking for the purposes of the following enactments, namely,—U.K.

(i)–(iv)F246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)the M42Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(vi)F247. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii)section 4 of the M43Requisitioned Land and War Works Act 1948;

[F248(viii)the M44Roads Act (Northern Ireland) 1948, as applied by any statutory provision passed or made before the commencement of the M45Roads (Northern Ireland) Order 1980]

(ix)F249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(x)the National Parks and Access to the M46Countryside Act 1949;

F250(xi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xii)the M47Landlord and Tenant Act 1954;

(xiii)F251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F252(xiv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xv ) (xvi)F253. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xvii)section 11 of the M48Land Compensation Act 1961;

(xviii)section 3(4) of the M49Flood Prevention (Scotland) Act 1961;

(xix)F254. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xx)the M50Pipe-lines Act 1962;

(xxi)section 18 of the M51Land Compensation (Scotland) Act 1963;

(xxii)Schedules 3 F255 to the M52Harbours Act 1964;

F256(xxiii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxiv)section 10(4) of the Highlands and Islands Development (Scotland) Act 1965;

F257(xxv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxvi)F258. . .

(xxvii)sections 11(5)(f), 54(6) and 75(4) of, and Schedule 3 to, the M53Countryside (Scotland) Act 1967;

(xxviii)the M54New Towns (Scotland) Act 1968;

(xxix)F259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxx)section 22 of the M55Sewerage (Scotland) Act 1968;

(xxxi )F260. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxii )F261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxiii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F262

F263(xxxiv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F264(xxxv)Section 9 of the Enterprise and New Towns (Scotland) Act 1990.]

F265. . ..

(2)In the following enactments, namely,—

(a )F266. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b )F267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the M56Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(d )F268. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e )F269. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f )F270. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g )F271. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h ),(i)F272. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)the M57Pipe-lines Act 1962;

(k)Schedules 3 F255 to the M58Harbours Act 1964;

(l )–(p)F273. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q )F274. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(r )F275. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(s), (t)

F276the appropriate Minister” shall, in relation to [F277a universal service provider F242...] , mean the Minister.

F278(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In the following enactments, namely,—

(a )F279. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b )F280. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c )F281. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)section 13 of the M59Pipe-lines Act 1962;

(e)the [F282New Towns Act 1981]

F283(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the M60New Towns (Scotland) Act 1968;

(h)

F281(i )F284. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F285

F286(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

operational land” shall, in relation to [F287a universal service provider F242...] , mean land of [F288his] of any such class as may be specified in regulations made jointly by the Minister and the Minister of Housing and Local Government by statutory instrument (which shall be subject to annulment in pursuance of a resolution of either House of Parliament); and—

(i)the definition of a class of land for the purposes of regulations made under this sub-paragraph may be framed by reference to any circumstances whatsoever; and

(ii)if any question arises whether land of [F289a universal service provider’s] falls within a class specified in regulations so made, it shall be determined by the Minister.

In the application of this sub-paragraph to Scotland, for the reference to the Minister of Housing and Local Government there shall be substituted a reference to the Secretary of State.

[F290(4A)In this paragraph “universal service provider” and “universal postal service” have the same meaning as in Part 3 of the Postal Services Act 2011.]

(5)This paragraph shall come into operation on the appointed day.

Textual Amendments

F241Words in Sch. 4 para. 93(1) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(a) (with arts. 1(3), 4(11))

F242Words in Sch. 4 para. 93 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 92(2); S.I. 2011/2329, art. 3

F243Words in Sch. 4 para. 93(1) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 92(3); S.I. 2011/2329, art. 3

F244Words in Sch. 4 para. 93(1) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(b) (with arts. 1(3), 4(11))

F245Words in Sch. 4 para. 93(1) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(c) (with arts. 1(3), 4(11))

F250Sch. 4 para. 93(1)(xi) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

F252Sch. 4 para. 93(1)(xiv) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

F256Sch. 4 para. 93(1)(xxiii) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts.1(3), 4(11))

F257Sch. 4 para. 93(1)(xxv) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

F258Sch. 4 para. 93(1)(xxvi) repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2

F263Sch. 4 para. 93(1)(xxxiv) repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F265Words in Sch. 4 para. 93(1) repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F267Para. 93(2)(b) (specifying Acquisition of Land (Authorisation Procedure) Act 1946) repealed by virtue of Acquisition of Land Act 1981 (c. 67), Sch. 6 Pt. I (expressed as repealing sub-para. (2)(iv) in para. 93)

F270Para. 93(2)(f) repealed by S.I. 1976/1775, art. 6(2), Sch. 4

F271Para. 93(2)(g) repealed by Highway Act 1971 (c. 41), s. 86(2), Sch. 12

F273Paras. 93(2)(l)–(p) repealed by S.I. 1976/1775, art. 6(2), Sch. 4

F276Para. 93(2)(s)(t) repealed by S.I. 1976/1775, art. 6(2), Sch. 4

F277Words in Sch. 4 para. 93(2) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(4) (with arts. 1(3), 4(11))

F278Sch. 4 para. 93(3) repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2

F283Sch. 4 para. 93(4)(f) repealed (U.K. & Isle of Man) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2

F286Sch. 4 para. 93(4)(k) repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F287WOrds in Sch. 4 para. 93(4) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(5)(a) (with arts. 1(3), 4(11))

F288Word in Sch. 4 para. 93(4) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(b) (with arts. 1(3), 4(11))

F289Words in Sch. 4 para. 93(4) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(5)(c) (with arts. 1(3), 4(11))

Modifications etc. (not altering text)

C23Functions of Minister of Housing and Local Government now exercisable by Secretary of State: S.I. 1970/1681, art. 2

Marginal Citations

94U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F291

Part IIIU.K. Adaptations of local Enactments

95U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F292

96(1)Nothing in—U.K.

(a)the London Building Acts 1930 to 1939 or byelaws thereunder; or

(b)a special enactment passed or made before the appointed day (including such an enactment relating to Scotland or Northern Ireland) for purposes similar to those of an enactment contained in Part V or VII of the M61Highways Act 1959 (except sections 136 to 138);

shall affect any powers of the authority under the enactments relating to telegraphs or apply to any telegraphic lines placed or maintained by the Postmaster General or the authority by virtue of those enactments.

(2)In this paragraph, “special enactment” has the same meaning as in the M62Highways Act 1959.

Marginal Citations

97U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F293

98U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F294

99U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F295

F296100U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

101, 102.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F297

Part IVU.K. Adaptation of Orders in Council

F298103U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F299104U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Sections 77, 88.

F300SCHEDULE 5U.K. Repair of minor Deficiencies in certain Acts

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

Textual Amendments

F300Sch. 5 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

Sections 94, 114

SCHEDULE 6U.K. Amendments of Acts consequential on Section 94 of this Act

Parts I and IIU.K.

Part IIIU.K. Amendments of other enactments

Modifications etc. (not altering text)

C25The text of Sch. 6 Pt. III is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Enactments of the Parliament of the United KingdomU.K.

Enactment amended and Subject-matter thereofAmendment
F304. . .F304. . .
Section 10 of the M65Savings Banks Act 1887 (issue, for specially low fee, of certificate of birth, marriage or death for purposes of Acts relating to savings banks and government annuities).For the words “Post Office Savings Banks” there shall be substituted the words “the National Savings Bank”.
F305Section 44 of the M66Friendly Societies Act 1896 (investment of funds).In subsection (1)(a), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.
Rule 172 in Schedule 1 to the M67Sheriff Courts (Scotland) Act 1907 (disposal of money payable to persons under legal disability).In paragraph (f), in sub-paragraph (1), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”, and, in sub-paragraph (4), for the words “the Post Office Savings Bank” there shall be substituted the words “the Director of Savings”.
F306Section 47A of the M68Administration of Estates Act 1925 (right of surviving spouse to have own life interest redeemed).In subsection (2), in rule 2, for the words “the purchase of an immediate life annuity from the National Debt Commissioners through the Post Office Savings Bank”, there shall be substituted the words “the purchase, under the M69Government Annuities Act 1929, of an immediate savings bank annuity”.
[F307Section 27 of the M70Crown Proceedings Act 1947 (attachment of moneys payable by the Crown).][F307In subsection (1), in the proviso, in paragraph (c), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.]
Section 46 of the Crown Proceedings Act 1947 (provisions as to arrestment).In the proviso, in paragraph (c), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.
F308F309[F307Section 38 of the M71Administration of Justice Act 1956 (attachment of debts).][F307In subsection (2), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.]
F310F309[F307Section 143 of the M72County Courts Act 1959 (attachment of debts).][F307In subsection (2), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.]
Section 17 of the M73Trustee Investments Act 1961 (extension to the Isle of Man and the Channel Islands of so much of section 16 as relates to the Post Office Savings Bank and to trustee savings banks).In subsection (3), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.
Part I of Schedule 1 to the Trustee Investments Act 1961 (narrower-range invesments not requiring advice).In paragraph 2, for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.

Enactments of the Parliament of Northern IrelandU.K.

Section 25 of the M74Betting and Lotteries Act (Northern Ireland) 1957 (offences in connection with lotteries).In subsection (4)(c), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.
Section 98 of the M75County Courts Act (Northern Ireland) 1959 (investment of funds in court).In subsection (2)(c), for the words “a Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.F311F311

F312SCHEDULE 7F312U.K.

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

Section 137.

F313SCHEDULE 8U.K. Obsolete, &c., Enactments ceasing to have Effect

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

Section 138.

SCHEDULE 9U.K. General transitional Provisions

1(1)Section 3(1) of this Act shall not affect the validity of anything done by or in relation to the Postmaster General before the appointed day, being a thing done under or by virtue of the M76Wireless Telegraphy Act 1949, the M77Television Act 1964 or the M78Wireless Telegraphy Act 1967; and anything which, immediately before that day, is, under or by virtue of any of those Acts, in process of being done by or in relation to him (including, in particular, any legal proceeding to which he is a party) may be continued by or in relation to the Minister.U.K.

(2)Any notice served, approval or authority given or other thing whatsoever done under or by virtue of the Wireless Telegraphy Act 1949, the Television Act 1964 or the Wireless Telegraphy Act 1967 by the Postmaster General shall, if effective at the appointed day, continue in force and have effect as if similarly served, given or done by the Minister.

2(1)Any agreement, and any provision in a document not being an agreement, shall, so far as may be necessary in consequence of the enactment of Part III of this Act, have effect as from the appointed day—U.K.

(a)as if references to the Crown, the Postmaster General, the Post Office or the Minister of Public Building and Works (except in cases where they fall to be adapted by head (b) or (c) below) were (or, if the context so requires, included) references to the authority established by section 6 of this Act;

(b)as if—

(i)references in general terms (however worded) to officers of the Postmaster General, to officers of the Post Office (otherwise than as defined by section 87(1) of the M79Post Office Act 1953), to officers of the Crown or to servants of the Postmaster General, the Post Office or the Crown were (or, if the context so requires, included) references to persons employed by the authority established by section 6 of this Act;

(ii)references in general terms (however worded) to officers of the Post Office as so defined were (or, if the context so requires, included) references to persons engaged in the business of the said authority;

(iii)references in general terms (however worded) to agents of the Postmaster General, the Post Office or the Crown were (or, if the context so requires, included) references to agents of the said authority;

(iv)references (however worded) to an officer of the Postmaster General or the Post Office holding a specified office were (or, if the context so requires, included) references to the person employed by the said authority who corresponds, as nearly as may be, to the first-mentioned officer; and

(v)references (however worded) to a servant of the Postmaster General, the Post Office or the Crown serving in a specified capacity were (or, if the context so requires, included) references to the person employed by the said authority who corresponds, as nearly as may be, to the first-mentioned servant;

(c)as if references (whether express or implied and, if express, however worded) to property of the Crown or the Postmaster General or his department were (or, if the context so requires, included) references to property of the said authority and references (whether express or implied and, if express, however worded) to land or premises occupied by the Crown, the Postmaster General, his department or an officer or servant of the Crown or Postmaster General were (or, if the context so requires, included) references to land or premises occupied by the said authority;

(d)as if any reference to the making, under a government provision, of a payment to or in respect of a person in consequence of his becoming ill, being injured or dying, were a reference to the making, to or in respect of him in consequence of his becoming ill, being injured or dying, of a payment falling to be made by virtue of a condition of his service (whether binding in law or not) providing for the making, in consequence of his becoming ill, being injured or dying, of a payment to or in respect of him.

(2)Without prejudice to the foregoing sub-paragraph, any agreement to which the Crown is a party, whether in writing or not, and whether or not of such a nature that rights and liabilities thereunder could be assigned by it, shall, as from the appointed day, have effect, so far as may be necessary for, or in consequence of, the vesting by virtue of Part III of this Act of property, rights or liabilities in the Post Office, as if the Post Office had been a party thereto.

(3)Without prejudice to sub-paragraph (1) above, where, by the operation of the said Part III, a right or liability becomes a right or liability of the Post Office, it and all other persons shall have the same rights, powers and remedies (and, in particular, the same rights, powers and remedies as to taking or resisting legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing it as they would have had if it had at all times been the right or liability of the Post Office; and legal proceedings or applications by or against the Crown, in so far as they relate to any property, rights or liabilities vested in the Post Office by virtue of sections 16 to 20 of this Act, or to any agreement or document which has effect in accordance with the foregoing provisions of this paragraph, shall not abate by reason of the Crown’s ceasing to be interested in the subject-matter thereof but may be continued by or against the Post Office to the exclusion of the Crown.

[F314(4)With respect to instruments and documents executed or signed before the appointed day—

(a)every instrument or document purporting to be executed or signed by or on behalf of the Postmaster General shall be deemed to be so executed or signed unless the contrary is shown; and

(b)a certificate signed before the appointed day by the Postmaster General that any instrument or document purporting to be executed or signed on his behalf was so executed or signed shall be conclusive evidence of that fact.]

Textual Amendments

Marginal Citations

(1)

3F315F316(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

(3)(4)

F315F317(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F315

4, 5.F318U.K.

F3196U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3207U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

8F321U.K.

9(1)This paragraph applies to the following instruments, namely,—U.K.

(a)the agreement dated 2nd April 1962 whereto the parties are the Postmaster General and the Commercial Cable Company, Incorporated (a company incorporated under the law of the State of New York of the United States of America);

(b)the agreement dated 1st April 1963 whereto the parties are the Postmaster General and the Compagnie Francaise des Câbles Télégraphiques S.A. (a company incorporated under the law of France);

(c)the agreement dated 27th December 1965 whereto the parties are the Postmaster General and Western Union International, Incorporated (a company incorporated under the law of the State of Delaware of the United States of America); and

(d)the licence dated 1st March 1966 whereto the parties are Her Majesty, the Crown Estate Commissioners, the Postmaster General and Det Store Nordiske Telegraf-Selskab Aktieselskab (a company incorporated under the law of the Kingdom of Denmark and commonly known in the United Kingdom, and in that licence referred to, as the Great Northern Telegraph Company Limited).

(2)Nothing done, on or after the appointed day, under, and in accordance with the terms of, an instrument to which this paragraph applies, shall constitute an infringement of the privilege conferred by section 24(1) of this Act.

10(1)Any licence operating by way of exception from the exclusive privilege conferred by section 4 of the M80Telegraph Act 1869 on the Postmaster General which is effective at the appointed day (not being a licence under the M81Wireless Telegraphy Act 1949) shall, as from that day, have effect as if it had been granted under section 27(1) of this Act and—U.K.

(a)as if references to the Crown (except in contexts referring to a Minister of the Crown) or to the Postmaster General or the Post Office (except in cases where they fall to be adapted by head (b) below) were references to the authority established by section 6 of this Act; and

(b)as if—

(i)references in general terms (however worded) to officers of the Postmaster General, to officers of the Post Office (otherwise than as defined by section 87(1) of the M82Post Office Act 1953), or to servants of the Postmaster General or the Post Office were (or, if the context so requires, included) references to persons employed by the authority established by section 6 of this Act;

(ii)references in general terms (however worded) to officers of the Post Office as so defined were (or, if the context so requires, included) references to persons engaged in the business of the said authority;

(iii)references in general terms (however worded) to agents of the Postmaster General or the Post Office were (or, if the context so requires, included) references to agents of the said authority;

(iv)references (however worded) to an officer of the Postmaster General or the Post Office holding a specified office were references to the person employed by the said authority who corresponds, as nearly as may be, to the first-mentioned officer; and

(v)references (however worded) to a servant of the Postmaster General or the Post Office serving in a specified capacity were references to the person employed by the said authority who corresponds, as nearly as may be, to the first-mentioned servant.

(2)Any instrument issued in pursuance of a licence falling within the foregoing sub-paragraph, being an instrument effective at the appointed day, shall, as from that day, have effect subject to the like modifications as those provided for by heads (a) and (b) of that sub-paragraph in the case of the licence.

11U.K.A notice or certificate given, request made or requirement imposed under any provision of the enactments relating to telegraphs by, to or on the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given, made or imposed by, to or on the Post Office.

12U.K.An authority granted under section 5(1) of the M83Telegraph Act 1892 which is effective at the appointed day shall, as from that day, have effect as if it had been granted under that section as amended by paragraph 5 of Schedule 4 to this Act.

Marginal Citations

13U.K.Any such council as is mentioned in the M84Telegraph Act 1899 which, at the beginning of the appointed day, is licensed by the Postmaster General to provide a system of public telephonic communication, shall, so long as the licence continues in force, be deemed, for the purposes of that Act, to be licensed by the Post Office so to provide.

Marginal Citations

F32214U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15, 16F323U.K.

17(1)No steps shall be taken for the enforcement of a building law with respect to works on land that vests in the Post Office by virtue of section 16 of this Act, being works begun before the appointed day, or with respect to works on land begun by the Post Office before the expiration of six months beginning with that day; nor shall any proceedings for the recovery of a fine or other penalty be brought against the Post Office for having carried out or retained any such works as aforesaid which do not comply with a building law.U.K.

(2)In the foregoing sub-paragraph, “building law” means any obligation or restriction as to the construction, nature or situation of works on land or as to any other circumstances of such works (including the use of the land) having effect by virtue of—

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

(b)an enactment contained in Part II or IV of the M85Public Health Act 1936 or Part II of the M86Public Health Act 1961 or byelaws or regulations made under an enactment so contained;

(c)the London Building Acts 1930 to 1939 or byelaws made thereunder;

(d)[F324the M87Thermal Insulation (Industrial Buildings) Act 1957 or regulations made thereunder];

(e)section 72, 73, 74, 75, 81 or 159 of the M88Highways Act 1959;

(f)paragraph 13, 15 or 18 of Part III of Schedule 9 to the M89London Government Act 1963 or byelaws made under paragraph 6 of that Part of that Schedule; or

(g)any enactment contained in a local Act made for purposes similar to the purposes of any of the aforesaid enactments or any byelaws made under any enactment contained in a local Act so made;

and “works” includes any building, structure, excavation or other work on land.

(3)Any reference in this paragraph to non-compliance with a building law means, in relation to any works on land, that the construction, nature or situation of the works or any other circumstances thereof (including the use of the land) are such either that the works do not comply with the building law in question or that, by virtue of that law, the rejection of plans for the works is expressly required or authorised.

(4)Any reference in this paragraph to the enforcement of a building law shall be construed as a reference to securing (whether by the doing of work on land or the requiring, by injunction or otherwise, that some other person shall do work on land) that works on land not complying with the building law in question shall either be demolished or removed or be altered so as to comply therewith.

(5)In the application of this paragraph to Scotland, the following shall be substituted for heads (a) to (g) of sub-paragraph (2):—

(a)an enactment contained in the Burgh Police (Scotland) Acts 1892 to 1903 F325... or byelaws made under any such enactment;

(b)the Roads Improvement Act 1925;

F326(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)section 53 of the Water (Scotland) Act 1946;

(e)the Thermal Insulation (Industrial Buildings) Act 1957 or regulations made thereunder;

(f)the Building (Scotland) Act 1959 or regulations made thereunder;

(g)the Sewerage (Scotland) Act 1968;

(h)any enactment contained in a local Act made for purposes similar to the purposes of any of the aforesaid enactments or any byelaws made under any enactment contained in a local Act so made; or

(i)any enactment or rule of the common law conferring powers on a dean of guild court

(6)In the application of this paragraph to Northern Ireland, the following shall be substituted for heads (a) to (g) of sub-paragraph (2):—

(a)section 9 of the Summary Jurisdiction (Ireland) Act 1851;

(b)an enactment contained in the Public Health Acts (Northern Ireland) 1878 to 1967 or byelaws made under an enactment so contained;

(c)an enactment contained in the Housing Acts (Northern Ireland) 1890 to 1967;

(d)the Roads Improvement Act (Northern Ireland) 1928; or

(e)any enactment contained in a local Act made for purposes similar to the purposes of any of the aforesaid enactments or any byelaws or orders made under any enactment contained in a local Act so made

Textual Amendments

F324Words repealed (E.W.) by S.I. 1985/1936, reg. 3(2), Sch. 4

F326Sch. 9 para. 17(5)(c) repealed (8.11.1995) by 1995 C. 44, s. 1, Sch. 1 Pt. VI

Modifications etc. (not altering text)

C26Sch. 9 para. 17(2)(a) repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt. VI

Marginal Citations

18, 19F327U.K.

F32820U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

21F329U.K.

22—26.F330U.K.

27(1)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal, planning permission for the development shall be deemed to be granted by that authority on that day subject to the relevant condition as to time.

(2)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (not being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—

(a)except in a case in which those conditions are subsequently either modified as mentioned in the following provisions of this sub-paragraph or withdrawn as so mentioned, be deemed to be granted by that authority on the appointed day subject to those conditions and to the relevant condition as to time;

(b)in a case in which those conditions are subsequently modified by that authority in writing with the written concurrence of the Postmaster General, be deemed to be granted by that authority on the appointed day subject to those conditions as so modified and to the relevant condition as to time;

(c)in a case in which those conditions are withdrawn by that authority in writing addressed to the Postmaster General, be deemed to be granted by that authority on the appointed day subject to the relevant condition as to time.

(3)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—

(a)except in a case in which those conditions are subsequently either modified as mentioned in the following provisions of this sub-paragraph or withdrawn as so mentioned, be deemed to be granted by that authority on the appointed day subject to those conditions;

(b)in the case in which those conditions are subsequently modified by that authority in writing with the written concurrence of the Postmaster General (otherwise than by withdrawing the stipulation as to time), be deemed to be granted by that authority on the appointed day subject to those conditions as so modified;

(c)in a case in which those conditions (except so far as containing the stipulation as to time) are withdrawn by that authority in writing addressed to the Postmaster General, be deemed to be granted by that authority on the appointed day subject to the condition containing that stipulation.

(4)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and—

(a)the relevant period expires with the day immediately preceding the appointed day or with an earlier day; and

(b)that authority does not, before the expiration of that period, notify the Postmaster General in writing as mentioned in sub-paragraph (1), (2) or (3) above or that it objects to the proposal;

planning permission for the development shall be deemed to be granted by the authority on the appointed day subject to the relevant condition as to time.

(5)The foregoing sub-paragraphs shall, with requisite modifications, apply in a case where, before the passing of this Act, the Postmaster General has notified a local planning authority in writing of a proposal to carry out development of land (but that development has not been carried out before the appointed day) as they apply in a case where he does so between the passing of this Act and that day.

(6)Where, by virtue of sub-paragraph (2) or (3) above, planning permission for the carrying out of development of land consisting in the erection, extension or alteration of a building is deemed to be granted by a local planning authority subject to a condition that the Postmaster General should consult that authority with respect to any matters relating to the siting, design or external appearance of the building or means of access thereto, then, so far as regards any of those matters as to which, before the appointed day, the Postmaster General has not been notified by that authority in writing that it is satisfied with the way in which that matter is to be dealt with, it shall be deemed, as from that day, to be a matter in the case of which the approval of that authority to the manner in which it is to be dealt with is required under a development order and the planning permission shall be deemed to be granted subject to a condition that application for approval must be made not later than the expiration of three years beginning with that day.

(7)[F331Part XII of the Town and Country Planning Act 1990] shall not have effect in a case in which planning permission is deemed, by virtue of this paragraph, to be granted.

F332F333(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)Every local planning authority shall, with respect to each case in which planning permission is deemed, by virtue of this paragraph, to be granted by it, include, in that part of the register kept by it under [F334section 69 of the Town and Country Planning Act 1990] that contains entries relating to applications for planning permission that have been finally disposed of, the following particulars, namely,—

(a)the date on which the permission is deemed to be granted;

(b)a general description of the development to which the permission relates and of the land to be developed in accordance with the permission;

(c)in a case in which the authority approves, in relation to the development to which the permission relates, anything which, by virtue of sub-paragraph (6) above, falls to be approved by it, the date on which it does so;

(d)in a case in which, in consequence of the operation of that sub-paragraph, an appeal as to any matter relating to the development to which the permission relates is entertained by the [F335Secretary of State] or an application is referred to him, the date on which the appeal or reference is disposed of, and the decision on the appeal or reference.

F332F336(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F337(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)In this paragraph,—

(a)“development”, “development order”, “local planning authority” and “planning permission” have, in the application of this paragraph to England and Wales, the same meanings as they have [F338for the purposes of [F339the Town and Country Planning Act 1990]] and, in the application of this paragraph to Scotland, the same meanings as in [F340the Town and Country Planning (Scotland) Act 1997].

(b)the relevant condition as to time”—

(i)except in a case in which planning permission is, by virtue of sub-paragraph (6) above, deemed to be granted subject to a condition that application for the approval of matters must be made not later than the expiration of three years beginning with the appointed day, means a condition that the development to which the permission relates must be begun not later than the expiration of five years beginning with that day;

(ii)in the said excepted case, means a condition that the development must be begun not later than whichever is the later of the following dates, namely, the expiration of five years from the appointed day and the expiration of two years from the final approval of matters which are the subject of the condition subject to which planning permission is, by virtue of that sub-paragraph, deemed to be granted (or, in the case of approval on different dates, the final approval of the last such matter to be approved);

(c)relevant period”, in relation to a notification to a local planning authority of a proposal to carry out development, means the period of two months from the day on which the notification is received by the authority or such longer period as may, before the expiration of the first-mentioned period, be agreed in writing between the authority and the Postmaster General.

(13)For the purposes of this paragraph, development shall be taken to be begun on the earliest date on which any specified operation (as defined in section 64(3) of the Land Commission Act 1967) comprised in the development begins to be carried out.

(14)[F341Sections 91 and 92 of the Town and Country Planning Act 1990] and [F342sections 58 and 59 of the Town and Country Planning (Scotland) Act 1997] (which relate to the duration of planning permission) shall not apply to planning permission deemed, by virtue of this paragraph, to be granted.

(15)[F343Subsections (2) and (4) of section 93 of the Town and Country Planning Act 1990] (which respectively define final approval of reserved matters and invalidate development carried out, and applications for approval made, out of time) shall have effect for the purposes of this paragraph with the substitution for any reference to a reserved matter of a reference to such a matter as is referred to in sub-paragraph (12)(b)(ii) above, and, for the reference to planning permission having conditions attached to it by or under provisions of [F343sections 91 and 92 of that Act of 1990], of a reference to planning permission deemed, by virtue of this paragraph, to be granted.

F332(16)For the purposes of the general application of this paragraph to Scotland, in sub-paragraphs (1), (2) and (3) the words “and the expiration of the relevant period” and sub-paragraphs (4) and (12)(c) shall be omitted.

(17)This paragraph does not extend to Northern Ireland.

Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F333Sch. 9 para. 27(8) repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II and para. 27(8) expressed to be repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3)

F335Words substituted (E.W.) by virtue of S.I. 1970/1681, art. 2, 6(3)

F336Sch. 9 para. 27(10) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2

F337Sch. 9 para. 27(11) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3)

27(1)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day F364. . ., that authority notifies the Postmaster General in writing that it has no objection to the proposal, planning permission for the development shall be deemed to be granted by that authority on that day subject to the relevant condition as to time.

(2)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day F364. . ., that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (not being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—

(a)except in a case in which those conditions are subsequently either modified as mentioned in the following provisions of this sub-paragraph or withdrawn as so mentioned, be deemed to be granted by that authority on the appointed day subject to those conditions and to the relevant condition as to time;

(b)in a case in which those conditions are subsequently modified by that authority in writing with the written concurrence of the Postmaster General, be deemed to be granted by that authority on the appointed day subject to those conditions as so modified and to the relevant condition as to time;

(c)in a case in which those conditions are withdrawn by that authority in writing addressed to the Postmaster General, be deemed to be granted by that authority on the appointed day subject to the relevant condition as to time.

(3)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and before that day F364. . ., that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—

(a)except in a case in which those conditions are subsequently either modified as mentioned in the following provisions of this sub-paragraph or withdrawn as so mentioned, be deemed to be granted by that authority on the appointed day subject to those conditions;

(b)in the case in which those conditions are subsequently modified by that authority in writing with the written concurrence of the Postmaster General (otherwise than by withdrawing the stipulation as to time), be deemed to be granted by that authority on the appointed day subject to those conditions as so modified;

(c)in a case in which those conditions (except so far as containing the stipulation as to time) are withdrawn by that authority in writing addressed to the Postmaster General, be deemed to be granted by that authority on the appointed day subject to the condition containing that stipulation.

F365(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The foregoing sub-paragraphs shall, with requisite modifications, apply in a case where, before the passing of this Act, the Postmaster General has notified a local planning authority in writing of a proposal to carry out development of land (but that development has not been carried out before the appointed day) as they apply in a case where he does so between the passing of this Act and that day.

(6)Where, by virtue of sub-paragraph (2) or (3) above, planning permission for the carrying out of development of land consisting in the erection, extension or alteration of a building is deemed to be granted by a local planning authority subject to a condition that the Postmaster General should consult that authority with respect to any matters relating to the siting, design or external appearance of the building or means of access thereto, then, so far as regards any of those matters as to which, before the appointed day, the Postmaster General has not been notified by that authority in writing that it is satisfied with the way in which that matter is to be dealt with, it shall be deemed, as from that day, to be a matter in the case of which the approval of that authority to the manner in which it is to be dealt with is required under a development order and the planning permission shall be deemed to be granted subject to a condition that application for approval must be made not later than the expiration of three years beginning with that day.

(7)[F366Part XII of the Town and Country Planning (Scotland) Act 1997] shall not have effect in a case in which planning permission is deemed, by virtue of this paragraph, to be granted.

F367F368(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)Every local planning authority shall, with respect to each case in which planning permission is deemed, by virtue of this paragraph, to be granted by it, include, in that part of the register kept by it under [F369section 36 of the Town and Country Planning (Scotland) Act 1997] that contains entries relating to applications for planning permission that have been finally disposed of, the following particulars, namely,—

(a)the date on which the permission is deemed to be granted;

(b)a general description of the development to which the permission relates and of the land to be developed in accordance with the permission;

(c)in a case in which the authority approves, in relation to the development to which the permission relates, anything which, by virtue of sub-paragraph (6) above, falls to be approved by it, the date on which it does so;

(d)in a case in which, in consequence of the operation of that sub-paragraph, an appeal as to any matter relating to the development to which the permission relates is entertained by the [F370Secretary of State] or an application is referred to him, the date on which the appeal or reference is disposed of, and the decision on the appeal or reference.

F367F371(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F372(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)In this paragraph,—

(a)“development”, “development order”, “local planning authority” and “planning permission” have, in the application of this paragraph to England and Wales, the same meanings as they have [F373for the purposes of [F374the Town and Country Planning Act 1990]] and, in the application of this paragraph to Scotland, the same meanings as in [F375the Town and Country Planning (Scotland) Act 1997].

(b)the relevant condition as to time”—

(i)except in a case in which planning permission is, by virtue of sub-paragraph (6) above, deemed to be granted subject to a condition that application for the approval of matters must be made not later than the expiration of three years beginning with the appointed day, means a condition that the development to which the permission relates must be begun not later than the expiration of five years beginning with that day;

(ii)in the said excepted case, means a condition that the development must be begun not later than whichever is the later of the following dates, namely, the expiration of five years from the appointed day and the expiration of two years from the final approval of matters which are the subject of the condition subject to which planning permission is, by virtue of that sub-paragraph, deemed to be granted (or, in the case of approval on different dates, the final approval of the last such matter to be approved);

F365(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)For the purposes of this paragraph, development shall be taken to be begun on the earliest date on which any specified operation (as defined in section 64(3) of the Land Commission Act 1967) comprised in the development begins to be carried out.

(14)[F376Sections 91 and 92 of the Town and Country Planning Act 1990] and [F377sections 58 and 59 of the Town and Country Planning (Scotland) Act 1997] (which relate to the duration of planning permission) shall not apply to planning permission deemed, by virtue of this paragraph, to be granted.

(15)[F378Subsections (2) and (4) of section 60 of the Town and Country Planning (Scotland) Act 1997] (which respectively define final approval of reserved matters and invalidate development carried out, and applications for approval made, out of time) shall have effect for the purposes of this paragraph with the substitution for any reference to a reserved matter of a reference to such a matter as is referred to in sub-paragraph (12)(b)(ii) above, and, for the reference to planning permission having conditions attached to it by or under provisions of [F379sections 58 and 59 of that Act], of a reference to planning permission deemed, by virtue of this paragraph, to be granted.

F367(16)For the purposes of the general application of this paragraph to Scotland, in sub-paragraphs (1), (2) and (3) the words “and the expiration of the relevant period” and sub-paragraphs (4) and (12)(c) shall be omitted.

(17)This paragraph does not extend to Northern Ireland.

Extent Information

E3This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F364Words in Sch. 9 para. 27(1)(2)(3) omitted for purposes of general application of para. 27 to Scotland pursuant to para. 27(16)

F365Sch. 9 para. 27(4)(12)(c) omitted for purposes of general application of para. 27 to Scotland pursuant to para. 27(16)

F368Sch. 9 para. 27(8) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3)

F371Sch. 9 para. 27(10) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2

F372Sch. 9 para. 27(11) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3)

28(1)Notwithstanding [F344section 245 of the Town and Country Planning (Scotland) Act 1997] or [F345section 296 of the Town and Country Planning Act 1990] (exercise of powers in relation to Crown land), planning permission for the development by the Post Office of land which is Crown land within the meaning of that section by reason only of the subsistence therein of an interest of the Postmaster General may be granted under either Act in pursuance of an application therefor made by the Post Office before the appointed day, and [F344section 35 of the Act of 1997] and [F345sections 66 and 67 of the said Act of 1990] (certificates required to accompany application) shall not apply to an application that may be granted by virtue of this sub-paragraph or to an appeal from a decision to refuse to grant planning permission in pursuance of such an application or to grant it subject to conditions.U.K.

(2)Any approval required under a development order (within the meaning of [F346the said Act of 1997] or of [F347the said Act of 1990]) in relation to development of such land as is mentioned in the foregoing sub-paragraph, being development proposed to be carried out by the Post Office, may be granted in pursuance of an application therefor made by the Post Office before the appointed day.

29U.K.No enforcement notice shall be served by virtue of [F348paragraph 28 of Schedule 22 to the Town and Country Planning (Scotland) Act 1972 (as it continues in effect by virtue of Schedule 3 to the Planning (Consequential Provisions)(Scotland) Act 1997)] or under [F349paragraph 34 of Schedule 24 to the Town and Country Planning Act 1971 (as it continues in effect by virtue of Schedule 3 to the Planning (Consequential Provisions) Act 1990)] in respect of works carried out on land that vests in the Post Office by virtue of section 16 of this Act or in respect of use of land that so vests; and no enforcement notice shall be served under [F349section 172 of the Town and Country Planning Act 1990] or [F350section 127 of the Town and Country Planning (Scotland) Act 1997] in respect of development carried out before the appointed day on land that so vests.

30U.K.Neither an interim development authority, nor, where the [F351Department of Development for Northern Ireland] is exercising any of the functions of such an authority, that [F351Department], shall take any action under section 4 of the M90Planning (Interim Development) Act (Northern Ireland) 1944 (enforcement of interim development control) in respect of any development carried out before the appointed day in or on land that vests in the Post Office by virtue of section 16 of this Act.

Textual Amendments

Marginal Citations

31, 32F352U.K.

F35333U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F354. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

34

F35535U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F355S. 35 repealed (24.9.1996) by S.I. 1996/1919, arts. 256, 257, Sch. 3 (with saving in Sch. 2)

36—47.F356U.K.

48F357U.K.

Textual Amendments

Modifications etc. (not altering text)

F35849U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

50F359U.K.

51U.K.An indemnity given under section 13 of the M91National Debt Act 1958 to the Postmaster General shall, if effective at the appointed day, have effect, as from that day, as if given to the Director of Savings.

Marginal Citations

52U.K.Any reference to the Postmaster General in a prospectus issued with respect to securities issued under the M92National Loans Act 1939 or the M93National Loans Act 1968 shall, as from the appointed day, be construed as referring to the Director of Savings.

Marginal Citations

53U.K.Where the Crown retains possession of any documents of title to any land any part of which is vested by virtue of section 16 of this Act in the Post Office, the Minister shall be assumed to have given to the Post Office an acknowledgment in writing of the right of the Post Office to production of those documents and to delivery of copies thereof, and, so far as relates to land in England or Wales, section 64 of the M94Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section and, so far as relates to land in Northern Ireland, section 9 of the M95Conveyancing Act 1881 shall have similar effect.

Marginal Citations

54U.K.Any legal proceedings or applications pending on the appointed day by or against the Crown, being proceedings or applications instituted or made by or against the Postmaster General or his department (but not being proceedings in the case of which express provision is made by some other provision of this Act with respect to the continuance thereof) may be continued by or against the appropriate government department authorised for the purposes of the M96Crown Proceedings Act 1947.

Marginal Citations

Section 138.

F360SCHEDULE 10U.K. Special transitional Provisions with respect to Patents for Inventions and Registered Designs

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

Textual Amendments

F360Sch. 10 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

Section 141.

F363SCHEDULE 11U.K. Repeals and Revocations

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

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