- Latest available (Revised)
- Point in Time (26/08/1994)
- Original (As enacted)
Version Superseded: 01/01/1996
Point in time view as at 26/08/1994.
There are currently no known outstanding effects for the Post Office Act 1969, SCHEDULE 4.
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Sections 76, 88, 139.
1U.K.In this Schedule “the authority” means the authority established by section 6 of this Act.
2(1)With reference to any point of time after the beginning of the appointed day, any reference in the provisions of the M1Post Office Act 1953 (hereafter in this paragraph referred to as the “principal Act”) specified in the following table to the Post Office (except in the expression “an officer of the Post Office”) shall be construed as referring to the authority, and any reference in those provisions to an officer of the Post Office shall be construed as referring to a person engaged in the business of the authority.
Provision | Subject-matter |
---|---|
F1. . . | |
Section 16 | Application of customs Acts to postal packets. |
Section 22 | Issuing money orders with fraudulent intent. |
Section 24 | Arrangements with other countries as to money orders. |
Section 25 | Outward bound ships. |
Section 26 | Inward bound ships and aircraft. |
Section 27 | Owners’ letters. |
Section 28 | Retention of postal packets after delivery of part thereof to Post Office. |
Section 32 | Penalty for opening of mail-bag by master or commander of ship or aircraft. |
[F2Section 33] | [F2Power to require provision of regular mail-trains.] |
[F2Section 34] | [F2Additional provisions as to regular mail-trains.] |
[F2Section 38] | [F2Conveyance of mail-bags by railway otherwise than as part of regular mail-train services.] |
[F2Section 41] | [F2Offences relating to conveyance of mails by railway.] |
[F2Section 42] | [F2Conveyance of mail-bags on ships usedby railway undertakers.] |
Section 45 | Additional provisions as to conveyance of mail-bags by public service vehicles. |
Section 53 | Unlawfully taking away or opening mail-bags. |
Section 55 | Fraudulent retention of mail-bag or postal packet. |
Section 57 | Stealing, embezzlement, destruction, &c., by officer of the Post Office of postal packet. |
Section 58 | Opening or delaying of postal packets by officers of the Post Office. |
Section 65 | Obstruction and molestation of officers of the Post Office. |
Section 76 | Recovery of sums from officers of the Post Office. |
Section 79 | Surrender of clothing by officer of the Post Office on ceasing to be officer. |
Section 90 | Prosecution of offences in the Isle of Man. |
(2)Section 8(3) of the principal Act (mode of dealing with packets posted in contravention of the Act or of regulations thereunder) shall, as from the appointed day, have effect as if, for the references to regulations made under the Act, there were substituted references to the provisions of a scheme made under section 28 of this Act and as if, for the reference to the Postmaster General, there were substituted a reference to the authority.
(3)As from the appointed day, section 11 of the principal Act (prohibition on sending by post certain articles) shall have effect as if,—
(a)in subsection (1)(a), for the reference to the Postmaster General, there were substituted a reference to the authority, and, for the reference to an officer of the Post Office, there were substituted a reference to a person engaged in the business of the authority; and
(b)in subsection (4), for the reference to detention in the Post Office, there were substituted a reference to detention by the authority and, for the reference to any regulations having effect by virtue of that section, there were substituted a reference to any provisions of a scheme made under section 28 of this Act.
(4)As from the appointed day, subsection (2) of section 16 of the principal Act (application of customs Acts to postal packets) shall have effect with the substitution, for the reference to the Postmaster General, of a reference to the Minister; but the Minister shall not make a recommendation under that subsection to the Treasury except after consultation with the authority.
(5)Duties [F3(whether of customs or excise) charged on imported goods] or other charges payable in respect of packets to which the said section 16 applies (whether payable to the authority or to any other postal administration) may be recovered by the authority in any court of competent jurisdiction as if they were simple contract debts, and, in any proceedings for the recovery of any charges so payable, a certificate of the authority of the amount thereof shall be evidence (and, in Scotland, sufficient evidence) of that fact.
In the application of this sub-paragraph to Scotland the words “as if they were simple contract debts” shall be omitted.
(6)As from the appointed day, section 17 of the principal Act (power to detain postal packets containing contraband) shall have effect with the substitution, for the reference to the Postmaster General, of a reference to the authority.
(7)As from the appointed day, section 19(1) and (2) of the principal Act (Post Office mark evidence of amount of postage, &c.) shall have effect as if references to the Post Office and the Postmaster General included references to the authority, and section 19(3) of that Act shall have effect as if, for the reference to a certificate signed by or on behalf of the Postmaster General, there were substituted a reference to a certificate of the authority.
(8)Section 21(3) of the principal Act (protection of bankers collecting postal orders) shall, as from the appointed day, have effect as if, after the words “Postmaster General”, there were inserted the words “or the authority established by section 6 of the Post Office Act 1969”.
(9)References in sections 22 and 23 of the principal Act (issuing money orders with fraudulent intent and forgery and stealing of money orders) to a money order shall, as from the appointed day, be construed as including references to a postal order.
(10)As from the appointed day, section 24 of the principal Act shall have effect as if, for the reference to the Postmaster General, there were substituted a reference to the authority, as if, for the words “money orders”, there were substituted the words “orders for the payment of money” and as if the words “and subject to any prescribed modifications”, the words “within the meaning of those sections” and the proviso were omitted.
[F4(11)References in sections 50 and 51 of the principal Act (extension of postal facilities and accommodation) to the Postmaster General shall, as from the appointed day, be construed as referring to the authority.]
(12)With reference to any point of time after the beginning of the appointed day, the reference in section 56 of the principal Act (criminal diversion of letters from the addressee) to a person not in the employment of the Postmaster General shall be construed as referring to a person not engaged in the business of the authority.
(13)With reference to any point of time after the beginning of the appointed day, the reference in section 61 of the principal Act (prohibition of affixing placards, notices, &c., on post office letter boxes, &c.) to the Postmaster General shall be construed as referring to the authority.
(14)References in section 62 of the principal Act (prohibition of imitation of post office stamps, envelopes, forms and marks) and section 64 of that Act (prohibition of false notices as to reception of letters, &c.) to the Postmaster General shall, as from the appointed day, be construed as referring to the authority.
(15)As from the appointed day, section 63 of the principal Act (prohibition of fictitious postage stamps) shall have effect as if, in subsection (1), for the words from the beginning to “prescribed”, there were substituted the words “Except for such purposes as may be approved by the Post Office in writing and in accordance with such (if any) conditions as may be attached to the approval, a person shall not”.
(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(17)As from the appointed day, section 72(1) of the principal Act (evidence of thing being a postal packet) shall have effect as if, for the reference to an article’s having been accepted on behalf of the Postmaster General for transmission by post, there were substituted a reference to its having been accepted on behalf of him or the authority for transmission by post.
(18)As from the appointed day, section 72(3) of the principal Act (application in certain proceedings of section 27(4) of the M2Theft Act 1968, and evidence of employment of a vessel, vehicle or aircraft by or under the Post Office for the transmission of postal packets under contract) shall have effect as if, for the reference to a vessel, vehicle or aircraft having been at any time employed by or under the Post Office, there were substituted a reference to its having been at any time employed by or under the Post Office or the authority.
(19)As from the appointed day section 78(1) of the principal Act (provisions as to post office letter boxes) shall have effect as if, for the reference to the Postmaster General, there were substituted a reference to the authority; and section 78(2) of that Act shall have effect as if the reference to a certificate signed by or on behalf of the Postmaster General included a reference to a certificate of the authority and, for the reference to the permission or authority of the Postmaster General, there were substituted a reference to the permission or authority of the Postmaster General or the authority.
(20)The reference in section 79(1) of the principal Act to the Postmaster General shall, as from the appointed day, be construed as referring to the authority.
(21)As from the appointed day, the definition of “parcel” in section 87(1) of the principal Act (interpretation) shall have effect as if, for the reference to regulations, there were substituted a reference to the provisions of a scheme made under section 28 of this Act.
(22)As from the appointed day, the definition of “post office letter box” in section 87(1) of the principal Act shall have effect as if, after the words “the Postmaster General”, in both places where they occur, there were inserted the words “or the authority established by section 6 of the Post Office Act 1969”.
(23)As from the appointed day, the reference, in the definition of “the purposes of the Post Office” in section 87(1) of the principal Act, to the execution of any duties for the time being undertaken by the Postmaster General or any of his officers shall be construed as including a reference to the exercise or performance of any powers or duties conferred or imposed by, or by virtue of, this Act on the authority; and any provision to which that definition is relevant (whether contained in the principal Act or any other Act) shall be construed accordingly.
(24)As from the appointed day, the reference in section 87(2)(b) of the principal Act (delivery of postal packet to an officer of the Post Office to be delivery to a post office) to delivery to an officer of the Post Office shall be construed as a reference to delivery to an officer of the Post Office or to a person engaged in the business of the authority.
(25)As from the appointed day, “postage”, in the principal Act, shall, unless the context otherwise requires, mean postage chargeable by the authority.
Textual Amendments
F1Entry repealed by British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 6 Pt. I
F2Entries in Sch. 4 para. 2(1) repealed (1.4.1994) by 1993 c. 43, ss. 152(3), Sch. 14; S.I. 1994/571, art. 5
F3Words substituted by Customs and Excise Management Act 1979 (c. 2), Sch. 4 para. 12 Table Pt. I
F4Sch. 4 para. 11 repealed (E.W.S.) by Energy Act 1983 (c. 25, SIF 44:1), Sch. 4 Pt. I
Modifications etc. (not altering text)
C1The 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.
Marginal Citations
3As from the appointed day, section 1 of the M3Recorded Delivery Service Act 1962 shall have effect as if the reference in subsection (6) thereof (which provides that that section is not to be construed as authorising the sending by that service of anything which, under the M4Post Office Act 1953 or any instrument thereunder, is not allowed to be so sent) to any instrument under the Post Office Act 1953 included a reference to a scheme under section 28 of this Act, and section 1 of the M5Recorded Delivery Service Act (Northern Ireland) 1963 shall have effect as if the reference in subsection (5) thereof to such an instrument included a reference to such a scheme.
4U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
Textual Amendments
5, 6.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
Textual Amendments
F7Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
7U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
Textual Amendments
8U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
Textual Amendments
F9Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
9U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
Textual Amendments
10U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
Textual Amendments
F11Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
[F1211U.K.As from the appointed day, references to a private generating station in section 11 of the M6Electricity (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
F12Sch. 4 para. 11 repealed (E.W.S.) by Energy Act 1983 (c. 25, SIF 44:1), Sch. 4 Pt. I
Marginal Citations
12, 13U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
Textual Amendments
F13Sch. 4 paras. 12, 13 repealed by Electricity (Northern Ireland) Order 1972 and S.I. 1972/1072 (N.I. 9), Sch. 7
14As from the appointed day section 11 of the M7Juries Act 1862 and section 22 of the M8Juries Act (Ireland) 1871 (summoning of jurors by post) shall each have effect as if, for the words from “under such regulations” to the words “the postmaster shall” there were substituted the words “the postmaster, upon receipt of the fee (if any) exigible for so doing, shall”.
Modifications etc. (not altering text)
C2The 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.
Marginal Citations
15U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
Textual Amendments
16—19.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
Textual Amendments
F15Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
20U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
Textual Amendments
21(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17, as from the appointed day, any. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18 office belonging to, or occupied by, the authority shall be a prohibited place for the purposes of that Act.
(2)Section 5 of the M9Official Secrets Act 1920 shall not apply to the authority; and, as from the appointed day, the reference in subsection (6) of that section to the Postmaster General shall be construed as referring to the authority.
Textual Amendments
F17Words repealed by Official Secrets Act 1989 (c. 6, SIF 39:2), s. 16(4), Sch. 2
F18Words repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II
Marginal Citations
22U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
Textual Amendments
F19Sch. 4 para. 22 repealed (S.) by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 11:2), s. 75(2), Sch. 8
23U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
Textual Amendments
F20Sch. 4 para. 23 repealed (E.W.) by Insolvency Act 1985 (c. 65, SIF 11:1), s. 235, Sch. 10 Pt. III
24U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
Textual Amendments
25U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
Textual Amendments
26U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
Textual Amendments
F23Sch. 4 paras. 26, 28, 29 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
27The reference to the Postmaster General in section 79(3) of the M10Land Registration Act 1925 (return to the Chief Land Registrar of letters marked outside “Her Majesty’s Land Registry” and addressed to persons who cannot be found) shall, as from the appointed day, be construed as referring to the authority.
Modifications etc. (not altering text)
C3The 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
28, 29.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24
Textual Amendments
F24Sch. 4 paras. 26, 28, 29 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
30U.K.As from the appointed day, section 2(2)(e) of the M11Execution of Diligence (Scotland) Act 1926 (execution of arrestment or charge by registered letter) shall have effect as if, for the words from “Postmaster” to “1908”, there were substituted the words “Post Office in pursuance of any provision contained in a scheme made under section 28 of the Post Office Act 1969”.
Modifications etc. (not altering text)
C4The 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
31U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
Textual Amendments
32U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
Textual Amendments
F26Sch. 4 para. 32 repealed by Land Drainage Act 1976 (c. 70), Sch. 8
33(1)As from the appointed day, references to the Postmaster General in subsections (1) and (2) of section 2 of the M12Motor Vehicles and Road Traffic Act (Northern Ireland) 1930 (conveyance of mails by public service vehicles) shall be construed as referring to the authority.
(2)As from the appointed day, references to an officer of the Post Office in the said subsection (1) shall be construed as referring to a person engaged in the business of the authority.
Modifications etc. (not altering text)
C5The 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
34U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27
Textual Amendments
35U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28
Textual Amendments
F28Sch. 4 para. 35 repealed by Solicitors (Northern Ireland) Order 1976 and S.I. 1976/582 (N.I. 12), Sch. 3
36(1)As from the appointed day, the authority shall be deemed to be public utility undertakers and its undertaking a public utility undertaking for the purposes of the provisions of the M13Civil Defence Act 1939, F29
(2)As from the appointed day, in the M14said Act of 1939 the expression “the appropriate department” shall, in relation to the authority, mean the Minister.
Textual Amendments
F29Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. V
Marginal Citations
37U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30
Textual Amendments
38U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31
Textual Amendments
39, 40.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32
Textual Amendments
F32Sch. 4 paras. 34, 39, 40, 43 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
41As from the appointed day, references to Post Office business in proviso (ii) to section 19 (Sunday employment) and in section 33 (application to Post Office business) of the M15Shops Act (Northern Ireland) 1946 shall be construed as referring to business of any of the kinds that the authority carry on.
Marginal Citations
42U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33
Textual Amendments
43U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34
Textual Amendments
F34Sch. 4 paras. 34, 39, 40, 43repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
44U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35
Textual Amendments
F35Sch. 4 para. 44 repealed by S.I. 1980/1085 (N.I. 11), Sch. 9
45U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
Textual Amendments
46U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37
Textual Amendments
F37Sch. 4 para. 46 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16
47U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38
Textual Amendments
48U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39
Textual Amendments
49U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40
Textual Amendments
50U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41
Textual Amendments
51As from the appointed day, references to post office business in the following provisions of the M16Shops Act 1950, namely, section 22 (Sunday employment), section 44 (exemptions for post office business), Schedule 2 (transactions not affected by general closing hours or by closing orders) [F42and Schedule 5 (transactions for the purposes of which a shop may be open in & England and Wales for the serving of customers on Sunday)] shall be construed as referring to business of any of the kinds that the authority carry on.
Textual Amendments
F42Words in Sch. 4 para. 51 repealed (E.W.)(26.8.1994) by 1994 c. 20, s. 9(2), Sch. 5
Marginal Citations
52U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43
Textual Amendments
F43Sch. 4 para. 52 repealed by Drainage (Northern Ireland) Order 1973 and S.I. 1973/69 (N.I. 1), Sch. 10
53U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44
Textual Amendments
F44Sch. 4 para. 53 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I and expressed to be repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), Sch. 6
54As from the appointed day, references in section 6 of the M17Local Government (Miscellaneous Provisions) Act 1953 (supplementary provisions as to omnibus shelters, &c.) to the Postmaster General shall be construed as referring to the authority.
Modifications etc. (not altering text)
C6The 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
55U.K.As from the appointed day, the reference to the Post Office in section 12(3)(b) of the M18Criminal Justice Act (Northern Ireland) 1953 (evidence by certificate) shall be construed as including a reference to the authority.
Modifications etc. (not altering text)
C7The 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
56As from the appointed day, the reference to the Post Office in section 7(5) of the M19Juries Act (Northern Ireland) 1953 (service of jurors’ summonses) shall be construed as referring to the authority.
Modifications etc. (not altering text)
C8The 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
57U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45
Textual Amendments
58U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46
Textual Amendments
59(1)Where any work proposed to be done on or after the appointed day by [F47the Northern Ireland Housing Executive] in pursuance of a clearance or demolition order or a re-development scheme made by them under [F48the M20Housing (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 M21Telegraph 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 [F47the Northern Ireland Housing Executive].U.K.
(2)Where, in pursuance of an order under section 22 of the Housing of the M22Working Classes Act 1890, section 14 of the M23Housing Act (Northern Ireland) 1961, [F49Article 51 of the Housing (Northern Ireland) Order 1981] or section 25 of the M24New 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 F50“telegraphic line” and “alteration” have the same meanings as in the M25Telegraph Act 1878.
Textual Amendments
F47Words substituted by virtue of S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2
F48Words substituted by S.I. 1981/156 (N.I.3), Sch. 11 Pt. II
F49Words inserted by S.I. 1981/156 (N.I.3), Sch. 11 Pt. II
F50Words repealed by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2
Marginal Citations
60U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51
Textual Amendments
F51Sch. 4 para. 60 repealed by S.I. 1973/69 (N.I. 1), Sch. 10
61U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52
Textual Amendments
62—64.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53
Textual Amendments
65U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54
Textual Amendments
F54Sch. 4 para. 65 repealed by Highways Act 1980 (c. 66), Sch. 25
66U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55
Textual Amendments
[F5667U.K.As from the appointed day, section 7(1) of the M26Payment 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
F56Sch. 4 para. 67 repealed (E.W.S.) by Wages Act 1986 (c. 48, SIF 43:2), s. 33(5), Sch. 5 Pt. III
Marginal Citations
68U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57
Textual Amendments
69U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58
Textual Amendments
F58Sch. 4 para. 69 repealed by Highways Act 1980 (c. 66), Sch. 25
70U.K.As from the appointed day, Schedule 4 to the M27Public Health Act 1961 (which specifies, in relation to buildings of certain descriptions, the persons who are to be appropriate authorities for the purposes of the provisions of that Act relating to the attachment of street lights to buildings) shall have effect as if the following were added at the end thereof:—
“A building owned by the Post Office | The Minister of Posts and Telecommunications”. |
Modifications etc. (not altering text)
C9The 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
71U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59
Textual Amendments
72U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60
Textual Amendments
73U.K.As from the appointed day, the references to the Postmaster General in section 53 of the M28Electoral Law Act (Northern Ireland) 1962 (transmission of election addresses) shall be construed as referring to the authority.
Modifications etc. (not altering text)
C10The 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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61
Textual Amendments
75U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62
Textual Amendments
F62Sch. 4 para. 75 repealed by S.I.1980/1085 (N.I. 11), Sch. 9
76U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63
Textual Amendments
F63Sch. 4 para. 76 repealed by Airports Authority Act 1975 (c. 78), Sch. 6
[F6477U.K.As from the appointed day, the reference in section 1(4) of the M29Criminal Evidence Act 1965 to the Post Office shall be construed as including a reference to the authority.]
Textual Amendments
F64Sch. 4 para. 77 repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 7 Pt. III
Modifications etc. (not altering text)
C11The 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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65
Textual Amendments
79U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66
Textual Amendments
[F6780U.K.As from the appointed day, the Schedule to the M30Building 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
F67Sch. 4 para. 80 repealed (E.W.) by Housing and Building Control Act 1984 (c. 29, SIF 61), Sch. 12 Pt. I
Modifications etc. (not altering text)
C12The 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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68
Textual Amendments
F6982U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F69Sch. 4 para. 82 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. IX Gp. 2.
83(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70
(3)In the proviso to section [F71[F7233(4) of the M31Housing (Scotland) Act 1974]][F72paragraph 9(4) of Schedule 8 to the Housing (Scotland) Act 1987], the expression “apparatus” shall, in relation to the authority, be construed generally and shall not be limited by the definition thereof in section 208(1) of [F73the M32Housing (Scotland) Act 1966]
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74
Textual Amendments
F70Sch. 4 para. 83(1)(2) repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
F71Words substituted by Housing (Scotland) Act 1974 (c. 45), Sch. 3 para. 33(c)
F72Words commencing “paragraph 9(4)” substituted (S.) for words commencing “33(4)” by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 339, Sch. 23 para. 15(c)
F73Words substituted by Housing (Scotland) Act 1969 (c. 34), Sch. 6 para. 48(c)
Marginal Citations
84As from the appointed day, paragraph 45(e) of Schedule 4 to the M33Land Commission Act 1967 shall have effect as if the reference to expenditure which has been or is to be met directly or indirectly by a government department did not include expenditure incurred by the Postmaster General in relation to land in the case of which an interest therein vests in the Post Office by virtue of section 16 of this Act.
85U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75
Textual Amendments
86U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76
Textual Amendments
87U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77
Textual Amendments
88U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78
Textual Amendments
F78Sch. 4 para. 88 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. II
89U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79
Textual Amendments
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 M34Local Government and Roads Act (Northern Ireland) 1968.
Marginal Citations
F8091U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F80Sch. 4 para. 91 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Gp. 1
92(1)As from the appointed day, [F81section 212(1) of the M35Town and Country Planning (Scotland) Act 1972] shall, in relation to the authority, have effect with the substitution, for the reference to [F81section 211 of that Act], of a reference to paragraph 93(4) below.
(2)[F81The said section 212] shall not apply to land in the case of which an interest therein of the Postmaster General vests in the authority by virtue of section 16 of this Act.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82
Textual Amendments
F81Words substituted by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F82Sch. 4 para. 92(3) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), s. 277(2), Sch. 23
Marginal Citations
93(1)The authority shall be deemed to be statutory undertakers and its undertaking a statutory undertaking for the purposes of the following enactments, namely,—
(i)–(iv)F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)the M36Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
(vi)F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(vii)section 4 of the M37Requisitioned Land and War Works Act 1948;
[F85(viii)the M38Roads Act (Northern Ireland) 1948, as applied by any statutory provision passed or made before the commencement of the M39Roads (Northern Ireland) Order 1980]
(ix)F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(x)the National Parks and Access to the M40Countryside Act 1949;
(xi)the M41Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;
(xii)the M42Landlord and Tenant Act 1954;
(xiii)F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xiv)section 39(6)(b) of the M43Opencast Coal Act 1958;
(xv ) (xvi)F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xvii)section 11 of the M44Land Compensation Act 1961;
(xviii)section 3(4) of the M45Flood Prevention (Scotland) Act 1961;
(xix)F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xx)the M46Pipe-lines Act 1962;
(xxi)section 18 of the M47Land Compensation (Scotland) Act 1963;
(xxii)Schedules 3 F90 to the M48Harbours Act 1964;
(xxiii)Schedule 6 to the M49Gas Act 1965;
[F91(xxiv)section 10(4) of the Highlands and Islands Development (Scotland) Act 1965;]
(xxv)the [F92New Towns Act 1981]
(xxvi)sections 14(2), 15(2), 35(3), 58 and 89(6) of the M50Land Commission Act 1967;
(xxvii)sections 11(5)(f), 54(6) and 75(4) of, and Schedule 3 to, the M51Countryside (Scotland) Act 1967;
(xxviii)the M52New Towns (Scotland) Act 1968;
(xxix)F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xxx)section 22 of the M53Sewerage (Scotland) Act 1968;
(xxxi )F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xxxii )F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xxxiii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F96
[F97(xxxiv)sections 19, 37, 45, 46, 108(2), 117, 118, 119, 138, 154(3), 170, 171, 172, 175, 181, 195(6), 199(2), 202(3), 205, [F98205A] 212, 214 to 230, 233(7), 242 and 266(6)(b) of, and Schedules 8 and 9, paragraphs 1 to 3 of Schedule 17, and Schedule 18 to, the M54Town and Country Planning (Scotland) Act 1972]
[F99(xxxv)Section 9 of the Enterprise and New Towns (Scotland) Act 1990.]
[F100Subject to this exception, namely, that in relation to Scotland it shall not be so deemed for the purposes of section 271 of the Town and Country Planning Act 1990, as applied by section 13 of the Opencast Coal Act 1958].
(2)In the following enactments, namely,—
(a )F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b )F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)the M55Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
(d )F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e )F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f )F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g )F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h ),(i)F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j)the M56Pipe-lines Act 1962;
(k)Schedules 3 F90 to the M57Harbours Act 1964;
(l )–(p)F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(q )F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(r )F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(s), (t)
F111“the appropriate Minister” shall, in relation to the authority, mean the Minister.
(3)The M58Land Commission Act 1967 shall have effect as if, in subsection (3) of section 58 thereof in its application to the authority, for the words from “the Minister who” to the end of the subsection, and in subsection (6) of section 89 thereof, in its application to the authority, for the words from “the appropriate Minister” to the end of the subsection, there were substituted the words “the Minister of Posts and Telecommunications”.
(4)In the following enactments, namely,—
(a )F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b )F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c )F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)section 13 of the M59Pipe-lines Act 1962;
(e)the [F92New Towns Act 1981]
(f)section 58 of the M60Land Commission Act 1967;
(g)the M61New Towns (Scotland) Act 1968;
(h)
F114(i )F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F116
[F117(k)sections 138 (3), 154(3) and 214 to 230 of, a F115nd Schedule 8 to, the M62Town and Country Planning (Scotland) Act 1972];
“operational land” shall, in relation to the authority, mean land of its 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—act checked this far
(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 the authority’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.
(5)This paragraph shall come into operation on the appointed day.
Textual Amendments
F83Para 93(1)(i)(ii) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I; para. 93(1)(iii) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II; para. 93(1)(iv) repealed (E.W.) by Acquisition of Land Act 1981 (c. 67), Sch. 6 Pt. I
F84Para. 93(1)(vi) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F85Para. 93(1)(viii) substituted by British Telecommunications Act 1981 (c. 38), Sch. 3 para. 51(11)
F86Para. 93(1)(ix) repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16
F88Para. 93(1)(xv) repealed by Highways Act 1980 (c. 66), Sch. 25; para. 93(1)(xvi) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F90Words repealed by Transport Act 1981 (c. 56), Sch. 12 Pt. II
F91Sch. 4 para. 93(1)(xxiv) repealed (E.W.S.) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. III
F92Words substituted by New Towns Act 1981 (c. 64), Sch. 12 para. 5
F95Para. 93(1)(xxxii) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F96Sch. 4 para. 93(1)(xxxiii) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I
F97Para. 93(1)(xxxiv) inserted by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F98Words inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 3 para. 13
F99Sch. 4 para. 93(1)(xxxv) added (E.W.S.) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch. 4 para. 3
F100Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(2)
F101Para. 93(2)(a) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F102Para. 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)
F103Para. 93(2)(d) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F104Para. 93(2)(e) repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16
F105Para. 93(2)(f) repealed by S.I. 1976/1775, art. 6(2), Sch. 4
F106Para. 93(2)(g) repealed by Highway Act 1971 (c. 41), s. 86(2), Sch. 12
F107Para. 93(2)(h) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F108Paras. 93(2)(l)–(p) repealed by S.I. 1976/1775, art. 6(2), Sch. 4
F110Para. 93(2)(r) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F111Para. 93(2)(s)(t) repealed by S.I. 1976/1775, art. 6(2), Sch. 4
F112Para. 93(4)(a) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F113Para. 93(4)(b) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F115Para. 93(4)(i) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F116Sch. 4 para. 93(4)(j) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I
F117Para. 93(4)(k) inserted by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
Modifications etc. (not altering text)
C13Functions of Minister of Housing and Local Government now exercisable by Secretary of State: S.I. 1970/1681, art. 2
Marginal Citations
M39S.I. 1980/1085. (N.I.11)
94U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F118
Textual Amendments
95U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119
Textual Amendments
F119Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
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 M63Highways 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 M64Highways Act 1959.
97U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120
Textual Amendments
F120Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
98U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F121
Textual Amendments
F121Sch. 4 para. 98 repealed by British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 6 Pt. II and expressed to be repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
99U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F122
Textual Amendments
F122Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
100A benefit conferred on the Postmaster General by a provision of a local Act passed in the same session as this Act or a previous session or of an order confirmed by an Act so passed consisting in securing that a power conferred by the Act or order to acquire land compulsorily, to secure compulsorily the creation of an easement or other right over land or to execute works on, under or over land shall not, except with his consent or agreement, be exercisable in relation to land specified or described in that provision shall, as from the appointed day, enure for the benefit of the authority.
101, 102.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123
Textual Amendments
F123Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
103As from the appointed day, references in the M65 Parliamentary Writs Order 1944 (which lays down rules for the conveyance through the post of writs for parliamentary elections for constituencies in Great Britain) to the Postmaster General shall be construed as referring to the authority.
Marginal Citations
M65S.R. & O. 1944/344.
104As from the appointed day, Article 7 of the M66Visiting Forces and International Headquarters (Application of Law) Order 1965 (which empowers the making, by agreement, of exceptions from, inter alia, the exclusive privileges of the Postmaster General with respect to posts and telegraphs) shall have effect as if, in paragraph (a), for the reference to the Postmaster General, there were substituted a reference to the authority and as if, for paragraph (b), there were substituted the following paragraph:—
“(b)the transmission of matter within the United Kingdom by the service authorities of that force or by that headquarters shall not constitute an infringement of the privilege conferred by section 24(1) of the Post Office Act 1969, and the prohibition imposed by section 89 of that Act shall not extend to any such transmission”
Marginal Citations
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