Modifications etc. (not altering text)
C1Pt. III (ss. 6–88) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 13(c)
(1)Subject to the provisions of this section, a packet in the post, anything contained in a packet in the post and a mail-bag containing a packet in the post shall (if it is not the property of the Crown) have the like immunity from examination under a power conferred by or under any enactment (whether passed before or after this Act), from seizure or detention under such a power, from seizure under distress or in execution and from retention by virtue of a lien, as it would have if it were the property of the Crown.
(2)The Post Office and a person who is engaged in its business shall be entitled to the like immunity from protection for possession of anything contained in a packet in the post, being a thing whose possession is prohibited by or under any enactment (whether passed before or after this Act), and for failure to comply, as respects anything contained in a packet in the post, with any condition or restriction imposed by or under any enactment (whether passed before or after this Act) with respect to its possession, carriage or delivery, as the Post Office and that person would be entitled to if the Post Office were a government department.
(3)Subsection (1) above does not apply to a power conferred by an enactment for the time being in force relating to customs in its application, by virtue of section 16 of the M1Post Office Act 1953 or any regulations made under that section, to goods contained in postal packets, or to the powers conferred by section 17 (detention of postal packets containing contraband) and 26(6) (search and seizure of postal packets by officers of customs and excise) of that Act.
Modifications etc. (not altering text)
C2S. 64 applied (with modifications) (22.3.2001) by S.I. 2001/1148, art. 13 (with art. 34)
Marginal Citations
Textual Amendments
F1S. 65 repealed with saving by British Telecommunications Act 1981 (c. 38), s. 89(4), Sch. 6 Pt. II
(1)Any statutory provision made with respect to a harbour authority shall, on the appointed day, cease to have effect in so far as it exempts mail-bags or any description thereof from charges.
(2)No charge imposed by a harbour authority in respect of goods brought into, taken out of, or carried through a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing shall apply to goods contained in—
(a)mail-bags carried by the Post Office or consigned by it to another for carriage (whether to a foreign administration or not) or by a foreign administration to it for carriage; or
(b)mail-bags consigned by one foreign administration to another, being mail-bags which, when in the United Kingdom, are in the charge of the Post Office.
(3)Charges in respect of mail-bags and their contents exigible by a harbour authority at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing (being mail-bags carried or consigned as aforesaid) shall, notwithstanding anything in any statutory provision made with respect to the authority, not be payable before the expiration of the period of eight weeks beginning with the day on which the bags are brought within the limits of the harbour, and shall be recoverable by means of proceedings instituted in that behalf in any court of competent jurisdiction to the exclusion of any other means.
(4)In this section, except in its application to Northern Ireland F2, references to a harbour which, in the exercise and performance of statutory powers and duties, a harbour authority are engaged in improving, maintaining or managing shall be construed in like manner as if they were contained in the M2Harbours Act 1964.
(5)In the application of this section to Northern Ireland, references to a harbour which, in the exercise and performance of statutory powers and duties, a harbour authority are engaged in improving, maintaining or managing shall be construed as references to a harbour which is being improved, maintained or managed by such an authority in the exercise of powers conferred by a statutory provision, in the performance of duties imposed by statutory provision or in the exercise and performance of powers conferred and duties imposed by a statutory provision.
(6)F3
Textual Amendments
F2Words repealed by S.I. 1973/960, art. 6(a)
F3S. 66(6) repealed by S.I. 1973/960, art. 6(b)
Marginal Citations
Nothing in a statutory provision made (whether before or after this Act) with respect to a harbour authority shall extend to regulate or subject to control—
(a)mail-bags carried by the Post Office or consigned by it to another for carriage (whether to a foreign administration or not) or by a foreign administration to it for carriage; or
(b)mail-bags consigned by one foreign administration to another, being mail-bags which, when in the United Kingdom, are in the charge of the Post Office.
Textual Amendments
(1)(2)
F5(3)In any proceedings instituted by or against the Post Office to which the rate at which a charge was levied at any time, in respect of a service, by an authority outside the British Islands is material, a certificate of the Post Office that the charge was levied at that rate at that time in respect of that service by that authority shall be [F6evidence (and, in Scotland, sufficient evidence)] of that fact.
Textual Amendments
F6Words substituted by British Telecommunications Act 1981 (c.38), Sch. 3 para. 51(5)
Modifications etc. (not altering text)
C3S. 69(3) amended by S.I. 1969/1368, art. 6, 1972/1816, art. 5 and 1973/960, art. 7
S. 69(3) applied (with modifications) (22.3.2001) by S.I. 2001/1148, art. 14 (with aert. 34)
(1)Where in the British Islands, a money or postal order issued by the Post Office is presented for payment by a banker to whom it has been delivered for collection, payment of it to him discharges it.
(2)Where, in the British Islands,—
(a)an uncrossed money or postal order issued by the Post Office, being an order expressed to be payable to a person specified or described therein and being, or purporting to be, signed by him or on his behalf; or
(b)an uncrossed postal order so issued, being an order not expressed to be payable to such a person;
is presented for payment otherwise than by a banker to whom it has been delivered for collection, payment of the order to the person by whom it is presented discharges it.
(3)A money or postal order issued by the Post Office is discharged by the payment thereof outside the British Islands in accordance with arrangements in that behalf made by the Post Office.
(4)Where a money or postal order issued by a foreign administration is paid by the Post Office to a banker to whom it has been delivered for collection on behalf of a person other than the true owner of the order, the Post Office shall not be liable to the true owner of the order by reason of having paid it to that banker.
(5)Where—
(a)an uncrossed money or postal order issued by a foreign administration, being an order expressed to be payable to a person specified or described therein and purporting to be signed by him or on his behalf; or
(b)an uncrossed postal order so issued, being an order not expressed to be payable to such a person;
is presented to the Post Office for payment otherwise than by a banker to whom it has been delivered for collection or the true owner of the order, payment of the order by the Post Office to the person presenting it shall not render the Post Office liable to the true owner of the order.
(6)No proceedings shall lie against the Post Office for loss or damage due to refusal by it to pay, or delay by it in paying, a money or postal order issued by it or a foreign administration.
(7)A scheme made under section 28 of this Act may provide that a money or postal order issued by the Post Office or a foreign administration will not, after the expiration of a specified period, be paid by the Post Office except on satisfaction of specified conditions.
(8)References in this section (except that in subsection (3)) to a money order issued by the Post Office shall be construed as including references to an order issued by it in pursuance of such an arrangement as is mentioned in section 24 of the M3Post Office Act 1953 (arrangements with other countries as to transmission of small sums through post offices), being an order which is for the payment of money in the British Islands and corresponds to a money order issued by the Post Office.
Modifications etc. (not altering text)
C4S. 70 applied (with modification) (22.3.2001) by S.I. 2001/1148, art. 15 (with art. 34)
C5S. 70 amended by S.I. 1969/1368, art. 7 and 1973/960, art. 8.
Marginal Citations
(1)Where, after payment by the Post Office to a banker to whom it has been delivered for collection of a money order issued by the Post Office or a foreign administration, it is found that it ought not to have been paid, the sum paid may be deducted from sums subsequently falling to be paid by the Post Office to that banker by way of payment of money orders so issued that have been delivered to him for collection.
(2)References in this section to a money order issued by the Post Office shall be construed as including references to an order issued by it in pursuance of such an arrangement as is mentioned in section 24 of the M4Post Office Act 1953, being an order which is for the payment of money in the British Islands and corresponds to a money order issued by the Post Office.
Modifications etc. (not altering text)
C6S. 71 applied (with modifications) (22.3.2001) by S.I. 2001/1148, art. 16 (with art. 34)
C7S. 71 amended by S.I. 1969/1368, art. 7 and 1973/960, art. 8
Marginal Citations
(1)In the case of a postal F7 service rendered by the Post Office in pursuance of the [F8Representation of the People Act 1983] without charge, the Post Office shall be entitled to be remunerated for having rendered it at the rate for the time being fixed in relation thereto by virtue of section 28 of this Act.
(2)A sum which, by virtue of the foregoing subsection, the Post Office is entitled to receive shall be charged on, and issued out of, the Consolidated Fund.
Textual Amendments
F7Words repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II
F8Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), s. 206, Sch. 8 para. 11
Modifications etc. (not altering text)
C8S. 72 extended with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 5(3) and (N.I.) by 1986/2250, regs. 2, 5(3)
S. 72 applied (with modifications)(E.W.S.)(28.4.1999) by S.I. 1999/1214, reg. 3(3)
C9S. 72 applied (with modifications)(N.I.)(25.4.1998) by S.I. 1998/1126, art. 6(4)
C10S. 72 applied (with modifications)(28.5.1998) by S.I. 1998/1287, arts. 1(2), 3(4); S.I. 1998/1313, art. 2
S. 72 applied (with modifcations) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(3)
The Post Office may reimburse the Minister the whole or any part of a sum paid by him by way of contribution towards the expenses of an international organisation of which Her Majesty’s Government in the United Kingdom is a member, being an organisation concerned with activities which the Post Office has power to carry on.
(1)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)[F10The [F11M5Taxation 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
F10Words in s. 74(2) substituted by Capital Gains Tax Act 1979 (c. 14), Sch. 7 para. 8(b) Table Pt. II
F11Words 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
(1)The M6Public Records Act 1958 shall, as from the appointed day, have effect as if the Post Office were included amongst the bodies and establishments set out in Part II of the Table at the end of paragraph 3 of Schedule 1 to that Act.
(2)The Minister shall have power by order to vest in the Post Office the property in such records of the department of the Postmaster General as may be specified in or described by the order, and to give to the Post Office, with respect to records in the case of which the property therein has been vested in the Post Office by an order under this subsection, such directions as he thinks fit for securing that they are available to the Crown for inspection and copying.
Marginal Citations
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.
The provisions of Schedule 5 of this Act shall have effect for repairing minor deficiencies in the M7Telegraph Act 1863, the M8Telegraph Act 1868, F12 and the M9Post Office Act 1953.
Textual Amendments
F12Words repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
Marginal Citations
Textual Amendments
Section 87(2)(c) of the M10Post Office Act 1953 (which provides that delivery of a postal packet at the premises to which it is addressed or redirected, or to the addressee’s servant or agent or to some other person considered to be authorised to receive the packet, shall be a delivery to the addressee) shall have effect as if, after the word “redirected”, there were inserted the words “(except they be a post office from which it is to be collected)”.
Modifications etc. (not altering text)
C11The text of s. 79 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
A requirement to do what is necessary to inform designated persons holding office under the Crown concerning matters and things transmitted or in course of transmission by means of postal or [F14telepost] services provided by the Post Office may be laid on the Post Office for the like purposes and in the like manner as, at the passing of this Act, a requirement may be laid on the Postmaster General to do what is necessary to inform such persons concerning matters and things transmitted or in course of transmission by means of such services provided by him.
Textual Amendments
F14 “telepost” substituted for “telecommunication”, except in application to Isle of Man and Channel Islands, by British Telecommunications Act 1981 (c. 38), Sch. 3 para. 51(6)
F15(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16(2)
F17(3)
Textual Amendments
F15S. 81(1) repealed (7.2.1994 for specified purposes, otherwise 1.7.1994) by S.I. 1993/2668 (N.I. 11), art. 18(4), Sch. 8; S.R. 1993/476, art. 2; S.R. 1994/215, arts. 2, 3
F16S. 81(2) repealed by Employment Act 1980 (c. 42), Sch. 2
Textual Amendments
F18Ss. 82, 85 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I
Textual Amendments
F19S. 83 repealed by British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 6 Pt. I and expressed to be repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
(1)Notwithstanding anything in a scheme made under section 28 of this Act,—
(a)petitions and addresses forwarded to Her Majesty or, in Northern Ireland, to the Governor of Northern Ireland, by post shall be exempt from postage chargeable by the Post Office; and
(b)petitions and addresses to Her Majesty, and petitions addressed to either House of Parliament, sent by post to a member of either House of Parliament shall be exempt from postage so chargeable if the petitions or addresses do not exceed thirty-two ounces in weight and are sent without covers or in covers open at the sides.
(2)Notwithstanding anything in a scheme made under section 28 of this Act, where the postage chargeable by the Post Office on a packet consisting of parliamentary proceedings has not been prepaid by the sender or has been insufficiently prepaid by him, there shall not be recoverable by the Post Office (whether from the sender or the addressee) a sum exceeding the amount, as the case may be, of the postage or of the deficiency.
(3)In the application of this section to Northern Ireland, “Parliament” includes the [F20Northern Ireland Assembly] and “parliamentary” shall be construed accordingly.
Textual Amendments
F20Words substituted by S.I. 1973/2163, Sch. 5 para. 20(a)
Modifications etc. (not altering text)
C12Reference to Governor of Northern Ireland to be construed as reference to Secretary of State: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 4(1)
Textual Amendments
F21Ss. 82, 85 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I
(1)In this Part of this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—
“accounting year” means [F22subject to section 75(5) of the M11British Telecommunications Act 1981] the period beginning with the appointed day and ending with 31st March next following or any subsequent period of twelve months beginning with the end of a previous accounting year;
“banker” includes a body of persons, whether incorporated or not, who carry on the business of banking;
“the British Islands” means the United Kingdom, the Isle of Man and the Channel Islands;
“cash on delivery service” means a service whereby the Post Office : or a foreign administration collects or secures the collection of a sum of money on the delivery of anything consigned for conveyance by post and remits it to the sender thereof;
“foreign administration” means a postal administration other than the Post Office;
“harbour”, except in relation to Northern Ireland F23, has the same meaning as in the M12Harbours Act 1964, in relation to Northern Ireland, means any harbour, whether natural or artificial, and any port, haven or estuary, and includes a dock and a wharf, quay, pier, jetty or other place at which seagoing ships (including hovercraft) can ship or unship goods or embark or disembark passengers F23;
“harbour authority”, except in relation to Northern Ireland F23, has the same meaning as in the Harbours Act 1964, in relation to Northern Ireland, means any person in whom are vested, by any statutory provision, the powers or duties of improving, maintaining or managing a harbour F23;
“hovercraft” has the same meaning as in the M13Hovercraft Act 1968;
“land” includes any interest in land and any right over land;
“local authority”,—
(a)in relation to England F24. . ., means the council of a county, F25 or [F26district], F27, the council of a London borough [F28F29..., a joint authority established by Part IV of the Local Government Act 1985] or the Common Council of the City of London;
[F30(aa)in relation to Wales, means the council of a county or county borough;]
(b)in relation to Scotland, means a [F31council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];
[F32(c)in relation to Northern Ireland, means a district council, the Northern Ireland Housing Executive, the Northern Ireland Electricity Service or an Education and Library Board;]
“mail-bag” includes any container in which articles are enclosed by the Post Office or a foreign administration for the purpose of the conveyance thereof by post;
“national health service authority”—
in relation to England and Wales, means a [F33Health Authority or a Special Health Authority]
in relation to Scotland, means [F34a Health Board or the Common Services Agency for the British Health Service constituted under the M14National Health Service (Scotland) Act [F351978]];
in relation to Northern Ireland, [F36means a Health and Social Services Board, the Northern Ireland Central Services Agency for the Health and Social Services or the Northern Ireland Staffs Council for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972];
“statutory provision”, except in relation to Northern Ireland F23 has the same meaning as in section 57(1) of the M15Harbours Act 1964, in relation to Northern Ireland, has the same meaning as in section 1(f) of the M16Interpretation Act (Northern Ireland) 1954 F23
[F37“telecommunication system” has the meaning given by subsection (1) of section 4 of the Telecommunications Act 1984 (read with subsection (2) of that section);
“telepost service” means a service whereby the Post Office does all or any of the following things, namely—
receives or collects in whatever form communications which are to be sent by means of a telecommunication system;
sends or receives by means of such a system communications which have been received or collected, or are to be delivered, by it in whatever form: and
delivers in whatever form communications which have been sent by means of such a system.]
(2)Any reference in this Part of this Act to a subsidiary shall be construed in accordance with [F38section 736 of the Companies Act 1985] and any reference therein to a wholly owned subsidiary shall be construed in accordance with [F38section [F39736]] of that Act.
(3)
F40(4)Nothing in this Part of this Act shall be taken to restrict the construction of references to the Post Office’s business so as to exclude the performance of services which, by virtue of [F41section 7(1)(c), (d), (e) or (f)] of this Act, it has power to perform.
Textual Amendments
F22Words inserted by British Telecommunications Act 1981 (c. 38), Sch. 3 para. 51(7)(a)
F23Words repealed by S.I. 1973/960, art. 9
F24S. 86(1): words in definition of “local authority” repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 35, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F25Words repealed by British Telecommunications Act 1981 (c. 38, SIF 96), s. 89, Sch. 6 Pt. I
F26Word substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 179(3)
F27Words repealed by Local Government Act 1985 (c. 51, SIF 81(1), ss. 102(2)(3), Sch. 17
F28Words inserted by Local Government Act 1985 (c. 51, SIF 81(1), s.84(1), Sch. 14 para. 45
F29Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13
F30S. 86(1): para. (aa) in definition of “local authority” inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 35 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F31S. 86(1): words in definition of “local authority” substituted (S.)(1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para 82; S.I. 1996/323, art. 4(c)
F32S. 86(1)(c) substituted by S.I. 1973/2095, Sch. 1 para. 8
F33S. 86(1): words in definition of “national health service authority” substituted (28.6.1995 for specified purposes, otherwise 1.4.1996) by 1995 c. 17, s. 2(1), Sch. 1 Pt. III para. 96
F34Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 145
F35Word substituted by National Health Service (Scotland) Act 1978 (c. 29), Sch. 16 para. 32
F36Words substituted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 130
F37Definitions substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 99(3)
F38Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2
F39 “736” substituted by Companies Act 1989 (c. 40, SIF 27), s. 144(4), Sch. 18 para. 8
F41Words substituted by British Telecommunications Act 1981 (c. 38), Sch. 3 para. 51(7)(b)
Modifications etc. (not altering text)
C13S. 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
C14S. 86(1) extended (E.W.) by S.I. 1985/1884, art. 4(f)
C15S. 86(1) amended by S.I. 1987/2110, art. 8(c)
Marginal Citations
(1)In the event of the conclusion of any such agreement as follows, namely,—
(a)an agreement between the Minister and the Government of the Isle of Man providing for either or both of the following, namely,—
(i)the surrender by the Post Office, as regards that Isle, of the privilege conferred on the Post Office by [F42section 66(1) of the British Telecommunications Act 1981] and the administration in that Isle of postal services by, or under the authority of, that government instead of by the Post Office;
(ii)
F43(b)an agreement between the Minister and the States of Jersey providing for either or both of the following, namely,—
(i)the surrender by the Post Office, as regards the Bailiwick of Jersey, of the privilege conferred on the Post Office by [F42the said section 66(1)] and the administration in that Bailiwick of postal services by, or under the authority of, the States instead of by the Post Office;
(ii)
F44(c)an agreement between the Minister and the States of Guernsey providing for either or both of the following, namely,—
(i)the surrender by the Post Office, as regards the Bailiwick of Guernsey, of the privilege conferred on the Post Office by [F42the said section 66(1)] and the administration in that Bailiwick of postal services by, or under the authority of, the States instead of by the Post Office;
(ii)
F45Her Majesty may by Order in Council make such provision as it appears to Her requisite or expedient to make in order to enable effect to be given to the agreement or in consequence of the conclusion thereof, including in particular, provision for the amendment or repeal of enactments (including enactments contained in this Act) or other instruments.
(2)The power conferred by the foregoing subsection on Her Majesty to make an Order in Council shall include power, exercisable in like manner, to vary or revoke an Order in Council made in exercise of that power.
Textual Amendments
F42Words substituted by British Telecommunications Act 1981 (c. 38) Sch. 3 para. 51(8)