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Sections 76, 88, 139.

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

Part IU.K. Interpretation

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

Part IIU.K. Adaptations of public general Enactments

Adaptations of Enactments relating to the PostU.K.

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.

Table
ProvisionSubject-matter
F1. . .
Section 16Application of customs Acts to postal packets.
Section 22Issuing money orders with fraudulent intent.
Section 24Arrangements with other countries as to money orders.
Section 25Outward bound ships.
Section 26Inward bound ships and aircraft.
Section 27Owners’ letters.
Section 28Retention of postal packets after delivery of part thereof to Post Office.
Section 32Penalty 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 45Additional provisions as to conveyance of mail-bags by public service vehicles.
Section 53Unlawfully taking away or opening mail-bags.
Section 55Fraudulent retention of mail-bag or postal packet.
Section 57Stealing, embezzlement, destruction, &c., by officer of the Post Office of postal packet.
Section 58Opening or delaying of postal packets by officers of the Post Office.
Section 65Obstruction and molestation of officers of the Post Office.
Section 76Recovery of sums from officers of the Post Office.
Section 79Surrender of clothing by officer of the Post Office on ceasing to be officer.
Section 90Prosecution 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

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

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.

Adaptations of Enactments relating to TelegraphsU.K.

4U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

5, 6.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

7U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

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

8U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

9U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

10U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

[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

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

Adaptations of other EnactmentsU.K.

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

16—19.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

20U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

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.

22U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

23U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

24U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

25U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

26U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

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

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

32U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

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

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

Marginal Citations

37U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

38U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

39, 40.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

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

43U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

44U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

Textual Amendments

45U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

46U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

47U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

48U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

49U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

50U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

F4251U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

54As from the appointed day, references in section 6 of the M16Local 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 M17Criminal 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 M18Juries 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

58U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

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 M19Housing (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 M20Telegraph 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 M21Working Classes Act 1890, section 14 of the M22Housing Act (Northern Ireland) 1961, [F49Article 51 of the Housing (Northern Ireland) Order 1981] or section 25 of the M23New 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 F50telegraphic line” and “alteration” have the same meanings as in the M24Telegraph Act 1878.

Textual Amendments

F47Words substituted by virtue of S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F50Words repealed by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

Marginal Citations

60U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

Textual Amendments

61U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

62—64.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

65U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

66U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

[F5667U.K.As from the appointed day, section 7(1) of the M25Payment of Wages Act 1960 (interpretation) shall have effect as if, for the definitions of “money order” and “postal order”, there were substituted the following definitions:—

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

Textual Amendments

Marginal Citations

68U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

69U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

70U.K.As from the appointed day, Schedule 4 to the M26Public 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 OfficeThe 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

72U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

73U.K.As from the appointed day, the references to the Postmaster General in section 53 of the M27Electoral 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

75U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

Textual Amendments

76U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

[F6477U.K.As from the appointed day, the reference in section 1(4) of the M28Criminal Evidence Act 1965 to the Post Office shall be construed as including a reference to the authority.]

Textual Amendments

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

79U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

[F6780U.K.As from the appointed day, the Schedule to the M29Building Control Act 1966 (which specifies bodies in the case of which work carried out by them is exempt from control under that Act) shall have effect as if, at the end thereof, there were added a reference to the authority.]

Textual Amendments

Modifications etc. (not altering text)

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

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 M30Housing (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 M31Housing (Scotland) Act 1966]

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

84As from the appointed day, paragraph 45(e) of Schedule 4 to the M32Land 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.

Marginal Citations

85U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75

86U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76

87U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77

88U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78

89U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

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 M33Local 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 M34Town 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

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 M35Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(vi)F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii)section 4 of the M36Requisitioned Land and War Works Act 1948;

[F85(viii)the M37Roads Act (Northern Ireland) 1948, as applied by any statutory provision passed or made before the commencement of the M38Roads (Northern Ireland) Order 1980]

(ix)F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(x)the National Parks and Access to the M39Countryside Act 1949;

(xi)the M40Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(xii)the M41Landlord and Tenant Act 1954;

(xiii)F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xiv)section 39(6)(b) of the M42Opencast Coal Act 1958;

(xv ) (xvi)F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xvii)section 11 of the M43Land Compensation Act 1961;

(xviii)section 3(4) of the M44Flood Prevention (Scotland) Act 1961;

(xix)F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xx)the M45Pipe-lines Act 1962;

(xxi)section 18 of the M46Land Compensation (Scotland) Act 1963;

(xxii)Schedules 3 F90 to the M47Harbours Act 1964;

(xxiii)Schedule 6 to the M48Gas 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 M49Land Commission Act 1967;

(xxvii)sections 11(5)(f), 54(6) and 75(4) of, and Schedule 3 to, the M50Countryside (Scotland) Act 1967;

(xxviii)the M51New Towns (Scotland) Act 1968;

(xxix)F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxx)section 22 of the M52Sewerage (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 M53Town 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 M54Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(d )F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e )F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f )F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g )F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h ),(i)F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)the M55Pipe-lines Act 1962;

(k)Schedules 3 F90 to the M56Harbours Act 1964;

(l )–(p)F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q )F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(r )F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(s), (t)

F111the appropriate Minister” shall, in relation to the authority, mean the Minister.

(3)The M57Land 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 M58Pipe-lines Act 1962;

(e)the [F92New Towns Act 1981]

(f)section 58 of the M59Land Commission Act 1967;

(g)the M60New 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 M61Town 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

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)

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

94U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F118

Part IIIU.K. Adaptations of local Enactments

95U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119

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 M62Highways 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 M63Highways Act 1959.

Marginal Citations

97U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120

98U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F121

99U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F122

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

Part IVU.K. Adaptation of Orders in Council

103As from the appointed day, references in the M64 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

M64S.R. & O. 1944/344.

104As from the appointed day, Article 7 of the M65Visiting 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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