Post Office Act 1969

Part VII U.K. Miscellaneous and General

130, 131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss.127, 130, 131 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

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 M1 Government 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 [F2 section 13 of the M2 Interpretation 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

F2 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Modifications etc. (not altering text)

C1 The text of ss. 132(1), 137(1)(2), 141(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.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

M1 1929 c. 29.

M2 1978 c. 30.

133 Power of managers of certain welfare funds to preserve their scope. U.K.

(1) A fund to which this section applies is one (whether described by the addition thereto of the attribute “welfare”, “benevolent” or “mutual aid” or by the addition thereto of any other attribute) the objects of which consist in, or include, the provision for persons who are, or have been, employed in the department of the Postmaster General, or for such persons of any class or description, or for the relatives or dependants of persons who are, or have been, so employed or of such persons of any class or description, of benefits in case of need, sickness or distress, and a society or organisation to which this section applies is one (however described) the objects of which are similar; and, in this section, “managers” in relation to a fund, society or organisation, means the trustees, committee or other persons entrusted with its management.

(2) The provisions of the trust deed, rules, regulations or other instrument constituting or regulating a fund, society or organisation to which this section applies may, by resolution of the managers of the fund, society or organisation, be altered—

(a) so as to permit persons of any of the following descriptions, namely,—

(i) officers or servants of the Post Office (past or present);

(ii) persons who, having been employed in the department of the Postmaster General, are or have been, in consequence of this Act, employed in the department of the Minister; F3

(iii) persons who, having been employed in the department of the Postmaster General, are or have been, in consequence of this Act, employed in the Department for National Savings; F4

[F5 (iv) persons who, having been employed in the department of the Postmaster General, are or have been, in consequence of such an agreement as is mentioned in paragraph (b)(i) or (c)(i) of subsection (1) of section 87 of this Act and of such an Order in Council as is mentioned in that subsection, employed by the States of Jersey or by the States of Guernsey;]

[F6 (v) without prejudice to the generality of (i) above, persons who, having been officers or servants of the Post Office, are or have been in consequence of such an agreement as is mentioned in paragraph (b)(ii) or (c)(ii) of subsection (1) of section 87 of this Act and of such an Order in Council as is mentioned in that subsection, employed by the States of Jersey or by the States of Guernsey;][F7 and]

[F8 (vi) without prejudice to the generality of (i) above, 0 persons who, having been officers or servants of the Post Office, are or have been in consequence of such an agreement as is mentioned in paragraph (a)(i) of subsection (1) of section 87 of this Act and of such an Order in Council as is mentioned in that subsection, employed by the Isle of Man Post Office Authority];

or persons who are members of a class of persons of any of those descriptions, to become members of, or subscribers to, the fund, society or organisation;

(b) so as, in the case of persons of the said descriptions or persons who are members of a class of persons of any of those descriptions, to entitle them and persons claiming in right of them (subject to such, if any, terms and conditions as may be specified in the resolution) to receive benefits from the fund, society or organisation if, and to the extent that, they would be entitled to receive benefits therefrom if employment by the Post Office, employment in the department of the Minister F9 , employment in the Department for National Savings [F10 F11 employment by the States of Jersey or by the States of Guernsey][F12 or, as the case may be, employment by the Isle of Man Post Office Authority] were employment in the department of the Postmaster General;

but so that no alteration be made that alters the character of the fund, society or organisation.

(3) If a resolution of the managers of a fund, society or organisation to which this section applies so provides, any reference in the trust deed, rules, regulations or other instrument constituting or regulating the fund, society or organisation to the Postmaster General or his department (not being a reference in a context referring, in whatever terms, to persons employed in that department or persons so employed of a specified description) shall be construed as referring (or, if the context so requires, as including a reference) to the Post Office, and any reference in that instrument, in whatever terms, to persons so employed or persons so employed of a specified description shall be construed as referring (or, if the context so requires, as including a reference) to officers and servants of the Post Office or, as the case may be, to officers and servants thereof of a corresponding description.

(4) For the purposes of a resolution deriving validity from this section, the definition of a class of persons may be framed by reference to any circumstances whatsoever.

Textual Amendments

F3 Word repealed by S.I. 1969/1368, art. 8(a)

F4 Word repealed by S.I. 1972/1816, art. 7

F5 S. 133(2)(a)(iv) added by S.I. 1969/1368, art. 8(a)

F6 S. 133(2)(a)(v) added by S.I. 1972/1816, art. 7

F7 Word added by S.I. 1973/960, art. 10(a)

F8 S. 133(a)(vi) added by S.I. 1973/960, art. 10(a)

F9 Words repealed by S.I. 1969/1368, art. 8(b)

F10 Words inserted by S.I. 1969/1368, art. 8(b)

F11 Words repealed by S.I. 1973/960, art. 10(b)

F12 Words inserted by S.I. 1973/960, art. 10(b)

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

(1) As from the appointed day, licences [F13 for dogs] shall be issued [F13 in Great Britain] by the councils having power to levy the duties [F13 thereon and so,] in England and Wales, [F13 shall licences] for dealing in, or killing, game.

(2) A council [F14 in 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.

Textual Amendments

F13 Words repealed (E.W.S.) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 41, Sch. 7 Pt. IV

F14 Words repealed (E.W.S.) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 41, Sch. 7 Pt. IV

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

(1) Any sums falling to be paid by the [F15 Secretary of State] to the Post Office 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 the Post Office, on behalf of the council, of licences of all or any of the following kinds, namely, [F16 licences for dogs,] licences for dealing in game and licences for killing game, and the payment by that Minister to the Post Office of sums in consideration of its issuing the licences; or

(b) an agreement providing for the payment by [F15 the Secretary of State] to the Post Office of sums in consideration of its issuing, on behalf of the council, licences of all or any of those kinds in compliance with a direction under section 12 of this Act;

shall be paid out of moneys provided by Parliament.

(2) Where licences of any such kinds as aforesaid are, in compliance with a direction under section 12 of this Act, issued by the Post Office on behalf of a council in England or Wales during a period during which an agreement is in force between the council and the [F15 Secretary of State] providing for the payment to the Post Office by [F15 the Secretary of State] of sums in consideration of its issuing the licences (not being an agreement to which the Post Office is a party), the Post Office shall be entitled, in consideration of its issuing the licences, to receive payment from [F15 the Secretary of State] (of an amount to be determined, in the event of a dispute’s arising as to the amount thereof, by the [F15 Secretary of State]); and any sums falling to be paid by [F15 the Secretary of State] in pursuance of this subsection shall be paid out of moneys provided by Parliament.

(3) Where licences of any such kinds as aforesaid are, in compliance with a direction under section 12 of this Act, issued by the Post Office on behalf of a council in England or Wales during a period during which no agreement is in force between the council and the [F15 Secretary of State] providing for the payment to the Post Office by [F15 the Secretary of State] of sums in consideration of its issuing the licences, the Post Office shall be entitled, in consideration of its issuing the licences, to receive payment from the council (of an amount to be determined, in the event of a dispute’s arising as to the amount thereof, by the [F15 Secretary of State]).

Textual Amendments

F15 Words substituted by virtue of S.I. 1970/1681, arts. 2, 6(3)

F16 Words repealed (E.W.S.) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 41, Sch. 7 Pt. IV

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 M3 Crown 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

M3 1964 c. 98.

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

(1) The enactments specified in columns I and 2 of Part I of Schedule 8 to this Act (which, to the extent specified in column 3 of that Part, are obsolete, spent or unnecessary) shall cease to have effect to that extent on the passing of this Act ; and the enactments specified in columns 1 and 2 of Part II of that Schedule (which, to the extent specified in column 3 of that Part, will, in consequence of this Act, become unnecessary or inappropriate) shall cease to have effect to that extent on the appointed day.

(2) The repeal by this section of section 4 of the M4 Commonwealth Telegraphs Act 1949 shall not affect the title of the Postmaster General to any property vested in him by virtue of that section.

(3) The repeal by this section of section 43 of the M5 Post Office Act 1953 and of provisions of sections 44 and 45 thereof shall not operate to annul any provision of a local Act or order requiring the performance of services in regard to the conveyance of mails; and, accordingly, any such provision shall be construed as if that repeal had not been effected.

(4) This section, and the said Schedule 8, shall extend to the Isle of Man, so far as regards any enactment specified in that Schedule that so extends, and shall extend to the Channel Islands, so far as regards any enactment so specified that so extends.

Modifications etc. (not altering text)

C2 The 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

M4 1949 c. 39

M5 1953 c. 36.

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 M6 Act 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

(3) F18 , regulations made by the [F19 Secretary of State] under the M7 Civil Defence Act (Northern Ireland) 1950 may apply to the Post Office such of the provisions of the M8 Civil 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 [F19 Secretary of State] as the appropriate department in relation to the Post Office for the purpose of the application of any provisions so specified to the Post Office.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Textual Amendments

F17 S. 139(2) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

F18 Words repealed by S.I. 1973/2163, Sch. 6

F19 Words substituted by S.I. 1973/2163, Sch. 5 para. 20(b)

F20 S. 139(4) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. II

Modifications etc. (not altering text)

C3 References 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

M6 1948 c. 28 (N.I.)

M7 1950 c. 11 (N.I.)

M8 1939 c. 15 (N.I.)

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.

141 Repeals. U.K.

(1) The enactments specified in columns 1 and 2 of Part I of Schedule 11 to this Act shall, on the passing of this Act, be repealed to the extent specified in column 3 of that Part (but subject to the provision made at the end of that Part), the enactments specified in columns 1 and 2 of Part II of that Schedule shall, on the appointed day, be repealed to the extent specified in column 3 of that Part and the Orders in Council specified in columns I and 2 of Part III of that Schedule shall, on that day, be revoked to the extent specified in column 3 of that Part.

(2) A reference in column 3 of Part II of Schedule 11 to this Act to an enactment shall be taken to refer as well to it as incorporated in any Act or other instrument as to it as originally enacted.

(3) This section, and Parts I and II of the said Schedule 11, shall extend to the Isle of Man, so far as regards any enactment specified in those Parts that so extends, and shall extend to the Channel Islands, so far as regards any enactment so specified that so extends.

Modifications etc. (not altering text)

C4 The 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.

142 Short title. U.K.

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