Post Office Act 1969

Section 138.

SCHEDULE 9 U.K. General transitional Provisions

1 (1) Section 3(1) of this Act shall not affect the validity of anything done by or in relation to the Postmaster General before the appointed day, being a thing done under or by virtue of the M1 Wireless Telegraphy Act 1949, the M2 Television Act 1964 or the M3 Wireless Telegraphy Act 1967; and anything which, immediately before that day, is, under or by virtue of any of those Acts, in process of being done by or in relation to him (including, in particular, any legal proceeding to which he is a party) may be continued by or in relation to the Minister. U.K.

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

Marginal Citations

M1 1949 c. 54.

M2 1964 c. 21.

M3 1967 c. 72.

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

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

(b) as if—

(i) references in general terms (however worded) to officers of the Postmaster General, to officers of the Post Office (otherwise than as defined by section 87(1) of the M4 Post Office Act 1953), to officers of the Crown or to servants of the Postmaster General, the Post Office or the Crown were (or, if the context so requires, included) references to persons employed by the authority established by section 6 of this Act;

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

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

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

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

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

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

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

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

[F1 (4) With respect to instruments and documents executed or signed before the appointed day—

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

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

Textual Amendments

F1 Para. 2(4) inserted by British Telecommunications Act 1981 (c. 38), s. 89(2)

Marginal Citations

M4 1953 c. 36.

(1)

3 F2 (2) Subsection (3) of section 10 of the M5 Post Office Act 1953 (consequence of failure to pay sums payable in respect of a cash on delivery packet) shall (unless repealed by virtue of sub-paragraph (4) below), with the omission of the reference to a British postal agency, with the substitution, for the references to the Postmaster General, of references to the Post Office and with the omission of the words “as a debt due to him”, have effect on and after the appointed day as if it were a provision of a scheme made under section 28 of this Act and coming into operation on that day, and may be repealed or amended accordingly; and, as from that day, the expression “cash on delivery packet” in that subsection shall mean a packet on whose delivery a sum falls to be collected by the Post Office for remission to the sender of the packet.

(3)(4)

F2 (5) Any reference in an agreement or licence in force on the appointed day to a provision of any such regulations as are mentioned in sub-paragraph (1)(d) or (e) above (other than a provision relating to evidence or to limitation or exclusion of liability) shall, if during the currency of the agreement or licence that provision is revoked, be construed (unless the context otherwise requires) as referring to the corresponding provision for the time being in force of a scheme made under section 28 of this Act; and any reference in any such agreement or licence to a provision of any such regulations relating to limitation or exclusion of liability shall, as from that day, be construed in like manner as if that provision had not ceased to be in force.

(6)F2

Textual Amendments

F2 Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

Marginal Citations

M5 1953 c. 36.

4, 5.F3 U.K.

Textual Amendments

F3 Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

6 An authorisation given under section 3(1), 61, 62 or 64 of the M6 Post Office Act 1953 by the Postmaster General which is effective at the appointed day shall have effect as from that day as if given by the Post Office, and a declaration under section 78(1) of that Act by the Postmaster General which is so effective shall so have effect as if made by the Post Office.

Marginal Citations

M6 1953 c. 36

7 An undertaking given under section 51(2) or (3) of the Post Office Act 1953 to the Postmaster General shall, if effective at the appointed day, have effect, as from that day, as if given to the Post Office.

8F4 U.K.

Textual Amendments

F4 Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

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

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

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

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

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

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

10 (1) Any licence operating by way of exception from the exclusive privilege conferred by section 4 of the M7 Telegraph Act 1869 on the Postmaster General which is effective at the appointed day (not being a licence under the M8 Wireless Telegraphy Act 1949) shall, as from that day, have effect as if it had been granted under section 27(1) of this Act and— U.K.

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

(b) as if—

(i) references in general terms (however worded) to officers of the Postmaster General, to officers of the Post Office (otherwise than as defined by section 87(1) of the M9 Post Office Act 1953), or to servants of the Postmaster General or the Post Office were (or, if the context so requires, included) references to persons employed by the authority established by section 6 of this Act;

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

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

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

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

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

Marginal Citations

M7 1869 c.73.

M8 1949 c. 54.

M9 1953 c. 36.

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

12 U.K. An authority granted under section 5(1) of the M10 Telegraph Act 1892 which is effective at the appointed day shall, as from that day, have effect as if it had been granted under that section as amended by paragraph 5 of Schedule 4 to this Act.

Marginal Citations

M10 1892 c. 59.

13 U.K. Any such council as is mentioned in the M11 Telegraph Act 1899 which, at the beginning of the appointed day, is licensed by the Postmaster General to provide a system of public telephonic communication, shall, so long as the licence continues in force, be deemed, for the purposes of that Act, to be licensed by the Post Office so to provide.

Marginal Citations

M11 1899 c. 38.

14 (1) A notice given under section 26 of the M12 Electric Lighting Act 1882 by undertakers to the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given to the Post Office; any requirements made under that section by the Postmaster General which are so effective shall, as from that day, have effect as if made by the Post Office; and any arbitration on a difference under that section which is in progress immediately before that day may be continued with the substitution of the Post Office for the Postmaster General as a party thereto. U.K.

(2) A requirement imposed under section 4(2) of the M13 Electric Lighting Act 1888 by the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if imposed by the Post Office.

(3) An approval given under section 10(c) of the Schedule to the M14 Electric Lighting (Clauses) Act 1899 with the concurrence of the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given with the concurrence of the Post Office; a notice served under section 14 of that Schedule by undertakers on the Postmaster General which is so effective shall, as from that day, have effect as if served on the Post Office; a requirement imposed or approval or disapproval notified under that section by the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if imposed or notified by the Post Office; and a requirement imposed under section 60 of that Schedule which is effective at the appointed day shall, as from that day, have effect as if imposed by the Post Office.

(4) Any notice given under section 20 of the Schedule to the Electric Lighting (Clauses) Act 1899 to the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given to the Post Office, any requisition served under that section by the Postmaster General which is effective at that day shall, as from that day, have effect as if served by the Post Office and any arbitration under that section which is in progress immediately before that day, being an arbitration to which the Postmaster General is a party, may be continued with the substitution of the Post Office for the Postmaster General.

Marginal Citations

M12 1882 c. 56.

M13 1888 c. 12.

M14 1899 c. 19.

15, 16F5 U.K.

Textual Amendments

F5 Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

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

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

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

(b) an enactment contained in Part II or IV of the M15 Public Health Act 1936 or Part II of the M16 Public Health Act 1961 or byelaws or regulations made under an enactment so contained;

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

(d) [F6 the M17 Thermal Insulation (Industrial Buildings) Act 1957 or regulations made thereunder];

(e) section 72, 73, 74, 75, 81 or 159 of the M18 Highways Act 1959;

(f) paragraph 13, 15 or 18 of Part III of Schedule 9 to the M19 London Government Act 1963 or byelaws made under paragraph 6 of that Part of that Schedule; or

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

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

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

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

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

“(a) an enactment contained in the Burgh Police (Scotland) Acts 1892 to 1903 or under the Public Health (Scotland) Act 1897 or byelaws made under any such enactment;

(b) the Roads Improvement Act 1925;

F7 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

(g) the Sewerage (Scotland) Act 1968;

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

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

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

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

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

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

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

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

Textual Amendments

F6 Words repealed (E.W.) by S.I. 1985/1936, reg. 3(2), Sch. 4

F7 Sch. 9 para. 17(5)(c) repealed (8.11.1995) by 1995 C. 44, s. 1, Sch. 1 Pt. VI

Modifications etc. (not altering text)

C1 Sch. 9 para. 17(2)(a) repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt. VI

Marginal Citations

M15 1936 c. 49.

M16 1961 c. 64.

M17 1957 c. 40.

M18 1959 c. 25.

M19 1963 c. 33.

18, 19F8 U.K.

Textual Amendments

F8 Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

20 (1) Nothing in Part III of this Act shall affect the validity of anything done by, or in relation to, the Postmaster General before the appointed day under or by virtue of the M20 Public Utilities Street Works Act 1950; and anything which, immediately before that day, is in process of being done under, or by virtue of, that Act by or in relation to him (including, in particular, any legal proceedings to which he is a party) may be continued by, or in relation to, the Post Office.

(2) Any notice or direction given or other thing whatsoever done under the said Act of 1950 by the Postmaster General shall, if effective at the appointed day, continue in force and have effect as if similarly given or done by the Post Office.

Marginal Citations

M20 1950 c. 39.

21F9 U.K.

Textual Amendments

F9 Sch. 9 para. 21 repealed by Income and Corporation Taxes Act 1970 (c. 10), ss. 537(1), 539, Sch. 16

22—26.F10 U.K.

Textual Amendments

F10 Sch. 9 paras. 22–26 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(7) [F11 Part XII of the Town and Country Planning Act 1990] shall not have effect in a case in which planning permission is deemed, by virtue of this paragraph, to be granted.

F12 F13 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Every local planning authority shall, with respect to each case in which planning permission is deemed, by virtue of this paragraph, to be granted by it, include, in that part of the register kept by it under [F14 section 69 of the Town and Country Planning Act 1990] that contains entries relating to applications for planning permission that have been finally disposed of, the following particulars, namely,—

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

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

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

(d) in a case in which, in consequence of the operation of that sub-paragraph, an appeal as to any matter relating to the development to which the permission relates is entertained by the [F15 Secretary of State] or an application is referred to him, the date on which the appeal or reference is disposed of, and the decision on the appeal or reference.

F12 (10) For the purposes of section 99(3) of the M21 Land Commission Act 1967, planning permission which, by virtue of sub-paragraph (2) or (3) above, is deemed to be granted subject to approval on any matter, shall be deemed to be granted on an outline application.

(11) Section 69 of the Town and Country Planning Act 1968 and section 70 of the Town and Country Planning (Scotland) Act 1969 shall have effect in relation to the Post Office as if, at the end of paragraph (d) of subsection (3) thereof, there were added the following—

“or

(e) deemed to be granted by virtue of paragraph 27 of Schedule 9 to the Post Office Act 1969.”

(12) In this paragraph,—

(a) “development”, “development order”, “local planning authority” and “planning permission” have, in the application of this paragraph to England and Wales, the same meanings as they have [F16 for the purposes of [F17 the Town and Country Planning Act 1990]] and, in the application of this paragraph to Scotland, the same meanings as in [F18 the M22 Town and Country Planning (Scotland) Act 1972].

(b) “the relevant condition as to time”—

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

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

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

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

(14) [F19 Sections 91 and 92 of the Town and Country Planning Act 1990] and [F18 sections 38 and 39 of the M23 Town and Country Planning (Scotland) Act 1972] (which relate to the duration of planning permission) shall not apply to planning permission deemed, by virtue of this paragraph, to be granted.

(15) [F20 Subsections (2) and (4) of section 93 of the Town and Country Planning Act 1990] (which respectively define final approval of reserved matters and invalidate development carried out, and applications for approval made, out of time) shall have effect for the purposes of this paragraph with the substitution for any reference to a reserved matter of a reference to such a matter as is referred to in sub-paragraph (12)(b)(ii) above, and, for the reference to planning permission having conditions attached to it by or under provisions of [F20 sections 91 and 92 of that Act of 1990], of a reference to planning permission deemed, by virtue of this paragraph, to be granted.

F12 (16) For the purposes of the general application of this paragraph to Scotland, in sub-paragraphs (1), (2) and (3) the words “and the expiration of the relevant period” and sub-paragraphs (4) and (12)(c) shall be omitted.

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

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F11 Words in Sch. 9, para. 27(7) substituted (E.W.)(25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 31(4), Sch. 6, para.4 (with s. 84(5)); S.I. 1991/2067, art.3

F12 Words repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), s. 277(2), Sch. 23

F13 Sch. 9 para. 27(8) repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II

F14 Words substituted (as they apply in England and Wales) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(ii)

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

F16 Words substituted by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II

F17 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iii)

F18 Words substituted by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F19 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iv)

F20 Words substituted (as they apply in England and Wales) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(v)

Modifications etc. (not altering text)

C2 The text of Sch. 9 para. 27(11) 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

M21 1967 c. 1.

M22 1972 c. 52.

M23 1972 c. 52.

27 (1) Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day F38 . . ., that authority notifies the Postmaster General in writing that it has no objection to the proposal, planning permission for the development shall be deemed to be granted by that authority on that day subject to the relevant condition as to time.

(2) Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day F38 . . ., that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (not being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—

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

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

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

(3) Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and before that day F38 . . ., that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—

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

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

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

F39 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(7) [F40 Part XII of the M45 Town and Country Planning (Scotland) Act 1972] shall not have effect in a case in which planning permission is deemed, by virtue of this paragraph, to be granted.

F41 (8) [F42 Section 76 of the Town and Country Planning (Scotland) Act 1972] shall not have effect in relation to planning permission deemed, by virtue of this paragraph, to be granted.

(9) Every local planning authority shall, with respect to each case in which planning permission is deemed, by virtue of this paragraph, to be granted by it, include, in that part of the register kept by it under [F42 section 31 of the Town and Country Planning (Scotland) Act 1972] that contains entries relating to applications for planning permission that have been finally disposed of, the following particulars, namely,—

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

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

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

(d) in a case in which, in consequence of the operation of that sub-paragraph, an appeal as to any matter relating to the development to which the permission relates is entertained by the [F43 Secretary of State] or an application is referred to him, the date on which the appeal or reference is disposed of, and the decision on the appeal or reference.

F41 (10) For the purposes of section 99(3) of the M46 Land Commission Act 1967, planning permission which, by virtue of sub-paragraph (2) or (3) above, is deemed to be granted subject to approval on any matter, shall be deemed to be granted on an outline application.

(11) Section 69 of the Town and Country Planning Act 1968 and section 70 of the Town and Country Planning (Scotland) Act 1969 shall have effect in relation to the Post Office as if, at the end of paragraph (d) of subsection (3) thereof, there were added the following—

“or

(e) deemed to be granted by virtue of paragraph 27 of Schedule 9 to the Post Office Act 1969.”

(12) In this paragraph,—

(a) “development”, “development order”, “local planning authority” and “planning permission” have, in the application of this paragraph to England and Wales, the same meanings as they have [F44 for the purposes of [F45 the Town and Country Planning Act 1990]] and, in the application of this paragraph to Scotland, the same meanings as in [F46 the M47 Town and Country Planning (Scotland) Act 1972].

(b) “the relevant condition as to time”—

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

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

F39 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(14) [F47 Sections 91 and 92 of the Town and Country Planning Act 1990] and [F46 sections 38 and 39 of the M48 Town and Country Planning (Scotland) Act 1972] (which relate to the duration of planning permission) shall not apply to planning permission deemed, by virtue of this paragraph, to be granted.

(15) [F42 Subsections (5) and (7) of section 40 of the Town and Country Planning (Scotland) Act 1972] (which respectively define final approval of reserved matters and invalidate development carried out, and applications for approval made, out of time) shall have effect for the purposes of this paragraph with the substitution for any reference to a reserved matter of a reference to such a matter as is referred to in sub-paragraph (12)(b)(ii) above, and, for the reference to planning permission having conditions attached to it by or under provisions of [F42 sections 38 and 39 of that Act], of a reference to planning permission deemed, by virtue of this paragraph, to be granted.

F41 (16) For the purposes of the general application of this paragraph to Scotland, in sub-paragraphs (1), (2) and (3) the words “and the expiration of the relevant period” and sub-paragraphs (4) and (12)(c) shall be omitted.

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

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F38 Words in Sch. 9 para. 27(1)(2)(3) omitted for purposes of general application of para. 27 to Scotland pursuant to para. 27(16)

F39 Sch. 9 para. 27(4)(12)(c) omitted for purposes of general application of para. 27 to Scotland pursuant to para. 27(16)

F40 Words in Sch. 9 para. 27(7) substituted (S.) (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 60(6), Sch. 12 para.4(with s. 84(5)); S.I. 1991/2092, art.3

F41 Words repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), s. 277(2), Sch. 23

F42 Words substituted (S.) by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F43 Words substituted (S.) by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F44 Words substituted by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II

F45 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iii)

F46 Words substituted by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F47 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iv)

Modifications etc. (not altering text)

C4 The text of Sch. 9 para. 27(11) 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

M45 1972 c. 52.

M46 1967 c. 1.

M47 1972 c. 52.

M48 1972 c. 52.

28 (1) Notwithstanding [F21 section 253 of the M24 Town and Country Planning (Scotland) Act 1972] or [F22 section 296 of the Town and Country Planning Act 1990] (exercise of powers in relation to Crown land), planning permission for the development by the Post Office of land which is Crown land within the meaning of that section by reason only of the subsistence therein of an interest of the Postmaster General may be granted under either Act in pursuance of an application therefor made by the Post Office before the appointed day, and [F21 section 24 of the M25 said Act of 1972] and [F22 sections 66 and 67 of the said Act of 1990] (certificates required to accompany application) shall not apply to an application that may be granted by virtue of this sub-paragraph or to an appeal from a decision to refuse to grant planning permission in pursuance of such an application or to grant it subject to conditions.

(2) Any approval required under a development order (within the meaning of [F23 the said Act of 1972] or of [F24 the said Act of 1990]) in relation to development of such land as is mentioned in the foregoing sub-paragraph, being development proposed to be carried out by the Post Office, may be granted in pursuance of an application therefor made by the Post Office before the appointed day.

Textual Amendments

F21 Words substituted by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F22 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(b)(i)

F23 Words substituted by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II

F24 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(b)(ii)

Marginal Citations

M24 1972 c. 52.

M25 1972 c. 52.

29 No enforcement notice shall be served by virtue of [F25 paragraph 28 of Schedule 22 to the Town and Country Planning (Scotland) Act 1972] or under [F26 paragraph 34 of Schedule 24 to the Town and Country Planning Act 1971 (as it continues in effect by virtue of Schedule 3 to the Planning (Consequential Provisions) Act 1990)] in respect of works carried out on land that vests in the Post Office by virtue of section 16 of this Act or in respect of use of land that so vests; and no enforcement notice shall be served under [F26 section 172 of the Town and Country Planning Act 1990] or [F25 section 84 of the M26 said Act of 1972] in respect of development carried out before the appointed day on land that so vests.

Textual Amendments

F25 Words substituted by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F26 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(c)

Marginal Citations

M26 1972 c. 52.

30 U.K. Neither an interim development authority, nor, where the [F27 Department of Development for Northern Ireland] is exercising any of the functions of such an authority, that [F27 Department], shall take any action under section 4 of the M27 Planning (Interim Development) Act (Northern Ireland) 1944 (enforcement of interim development control) in respect of any development carried out before the appointed day in or on land that vests in the Post Office by virtue of section 16 of this Act.

Textual Amendments

F27 Words substituted by virtue of Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8(1)

Marginal Citations

M27 1944 c. 3 (N.I.)

31, 32F28 U.K.

Textual Amendments

F28 Sch. 9 paras. 31, 32 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

33 (1) Where a person enters the employment of the Post Office on the appointed day and, immediately before that day, was occupied in the department of the Postmaster General in employment to which this paragraph applies, then, for the purpose of ascertaining the length of the period of his employment for the purposes of [F29 sections 49 and 50 and Part VI of the M28 Employment Protection (Consolidation) Act 1978, Schedule 13] to that Act shall have effect—

(a) as if, in a case where he was so occupied otherwise than under a contract of service, employment of his to which this paragraph applies in which he was occupied otherwise than as aforesaid before the appointed day, whether or not in the department of the Postmaster General, had been employment within the meaning of [F29 the said Act of 1978], and, while he was occupied therein, he had been an employee within the meaning of that Act, but as if for paragraph 4 of that Schedule there were substituted the following paragraph:—

“4 Any week during the whole or part of which the terms of his employment normally involve employment for [F29 sixteen hours] or more weekly shall count in computing a period of employment”;and

(b) as if, in any case, subject to the next following sub-paragraph, the period, ending immediately before the appointed day, of employment of his to which this paragraph applies, whether or not in the department of the Postmaster General, counted as a period of employment with the Post Office (if, apart from this provision, it would not so count) and his transfer to employment with the Post Office did not break the continuity of the period of employment (if, apart from this provision, the transfer would do so).

(2) Where, before the appointed day, a person’s employment to which this paragraph applies was terminated and a payment made to him in respect of the termination in accordance with the M29 Superannuation Act 1965 or any enactment repealed by that Act, or under such arrangements as are mentioned in section 41(3) of the M30 Redundancy Payments Act 1965, then, whether or not he was re-employed in employment to which this paragraph applies immediately following that termination, [F30 Schedule 13 to the said Act of 1978] shall have effect as if the period of his employment before that termination in employment to which this paragraph applies did not count as a period of employment with the Post Office.

(3) In the application of paragraph [F31 10 of Schedule 14 to the said Act of 1978] (calculation of rates of remuneration) to a person in whose case sub-paragraph (1) above applies, references in that paragraph to a former employer and a period of employment with a former employer shall be construed in accordance with the foregoing sub-paragraphs, and the reference in that paragraph to [F31 Schedule 13 to that Act shall be construed as a reference to that Schedule as it has effect by virtue of sub-paragraph (1) above].

(4) Section 7 of [F32 the said Act of 1978] (power to vary number of weekly hours of employment necessary to qualify for rights) shall have effect as if the references therein to paragraph 4 of [F32 Schedule 13] to that Act included references to the paragraph substituted therefor by sub-paragraph (1) above and to the next following sub-paragraph.

(5) This paragraph applies to employment of a person in the civil service of the State in an established or unestablished capacity within the meaning of the M31 Superannuation Act 1965, and to employment of a person therein in part-time service, where he gives personal service of at least twenty-one hours a week and the remuneration in respect thereof is defrayed entirely out of the Post Office Fund or moneys provided by Parliament.

[F33 (6) This paragraph applies notwithstanding the provisions of section 99 of the M32 Employment Protection (Consolidation) Act 1978].

Textual Amendments

F29 Words substituted by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 16 para. 8(a)

F30 Words substituted by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 16 para. 8(b)

F31 Words substituted by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 16 para. 8(c)

F32 Words substituted by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 16 para. 8(d)

F33 S. 33(6) added by Employment Protection (Consolidation) Act 1978 (c. 44), Sch.16 para. 8(e)

Marginal Citations

M28 1978 c. 44.

M29 1965 c. 74.

M30 1965 c. 62.

M31 1965 c. 74.

M32 1978 c. 44.

F34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

34

Textual Amendments

F34 Sch. 9 para. 34 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17

35 (1) Where a person enters the employment of the Post Office on the appointed day and immediately before that day was occupied in the department of the Postmaster General in employment to which this paragraph applies, then, for the purpose of ascertaining the length of the period of his employment for the purposes of sections 1 and 2 of the M33 Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965, Schedule 1 to that Act shall have effect—

(a) as if, in a case where he was so occupied otherwise than under a contract of service, employment of his to which this paragraph applies in which he was occupied otherwise than as aforesaid before the appointed day, whether or not in the department of the Postmaster General, had been employment within the meaning of the said Act of 1965, and, while he was occupied therein, he had been an employee within the meaning of that Act, but as if, for paragraph 4 of that Schedule, there were substituted the following paragraph:—

“4 Any week during the whole or a part of which the terms of his employment normally involve employment for twenty-one hours or more weekly shall count in computing a period of employment”;and

(b) as if, in any case, subject to the next following sub-paragraph, the period, ending immediately before the appointed day, of employment of his to which this paragraph applies, whether or not in the department of the Postmaster General, counted as a period of employment with the Post Office (if, apart from this provision, it would not so count) and his transfer to employment with the Post Office did not break the continuity of the period of employment (if, apart from this provision, the transfer would do so).

(2) Where, before the appointed day a person’s employment to which this paragraph applies was terminated and a payment made to him in respect of the termination in accordance with the M34 Superannuation Act 1965 or any enactment repealed by that Act, or under such arrangements as are mentioned in section 41(3) of the M35 Redundancy Payments Act 1965, then, whether or not he was re-employed in employment to which this paragraph applies immediately following that termination, Schedule 1 to the M36 Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 shall have effect as if the period of his employment before that termination in employment to which this paragraph applies did not count as a period of employment with the Post Office.

(3) In the application of paragraph 7 of Schedule 2 to the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (calculation of rates of remuneration) to a person in whose case sub-paragraph (1) above applies, references in that paragraph to a former employer and a period of employment with a former employer shall be construed in accordance with the foregoing sub-paragraphs, and the reference in that paragraph to paragraph 10 of Schedule 1 to that Act shall include a reference to head (b) of that sub-paragraph.

(4) Section 7 of the M37 Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (power to vary number of weekly hours of employment necessary to qualify for rights) shall have effect as if the reference therein to paragraph 4 of Schedule 1 to that Act included a reference to the paragraph substituted therefor by sub-paragraph (1) above and to sub-paragraph (7) below.

(5) For the purpose of computing, for the purposes of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965, a period of employment of a person in whose case sub-paragraph (1) of this paragraph applies, any reference in that Act to Schedule 1 or 2 to that Act shall, in relation to employment to which this paragraph applies of his before the appointed day, be construed as a reference to the said Schedule 1 or 2, as the case may be, as it has effect by virtue of sub-paragraphs (1) to (4) above.

(6) Where a person enters the employment of the Post Office on the appointed day and, immediately before that day, was occupied in the department of the Postmaster General in employment to which this paragraph applies, then, for the purpose of computing a period of employment for the purposes of the said Schedule 1 as applied by Schedule 3 to the said Act of 1965, a period in which he was occupied in employment to which this paragraph applies shall, notwithstanding the provisions of section 26(3) of the said Act of 1965 (which excludes the application of section 11 of that Act to a person in respect of certain employment), be treated as if it had been a period in respect of which section 11 of that Act had applied.

(7) This paragraph applies to employment of a person in the civil service of the State in an established or unestablished capacity within the meaning of the M38 Superannuation Act 1965, and to employment of a person therein in part-time service where he gives personal service of at least twenty-one hours a week and the remuneration in respect thereof is defrayed entirely out of the Post Office Fund or moneys provided by Parliament.

Marginal Citations

M33 1965 c. 19 (N.I.)

M34 1965 c. 74.

M35 1965 c. 62.

M36 1965 c. 19 (N.I.)

M37 1965 c. 19 (N.I.)

M38 1965 c. 74.

36—47.F35 U.K.

Textual Amendments

F35 Sch. 9 paras. 36–47 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

48F36 U.K.

Textual Amendments

F36 Sch. 9 para. 48 repealed by Social Security Act 1973 (c. 38), Sch. 28 Pt. I

Modifications etc. (not altering text)

C3 Sch. 9 para. 48: power to continue conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5 , 7(2), Sch. 3 Pt. II para.15

49 Where works on land vested in the Post Office by virtue of this Act are executed by it so as injuriously to affect another person who would, had the works been executed by the Postmaster General, have had a right to receive from him compensation in respect of the injurious affection, that person shall have the right to receive from the Post Office compensation in respect of the injurious affection.

50F37 U.K.

Textual Amendments

F37 Sch. 9 para. 50 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

51 U.K. An indemnity given under section 13 of the M39 National Debt Act 1958 to the Postmaster General shall, if effective at the appointed day, have effect, as from that day, as if given to the Director of Savings.

Marginal Citations

M39 1958 c. 6 (7 & 8 Eliz. 2).

52 U.K. Any reference to the Postmaster General in a prospectus issued with respect to securities issued under the M40 National Loans Act 1939 or the M41 National Loans Act 1968 shall, as from the appointed day, be construed as referring to the Director of Savings.

Marginal Citations

M40 1939 c. 117.

M41 1968 c. 13.

53 U.K. Where the Crown retains possession of any documents of title to any land any part of which is vested by virtue of section 16 of this Act in the Post Office, the Minister shall be assumed to have given to the Post Office an acknowledgment in writing of the right of the Post Office to production of those documents and to delivery of copies thereof, and, so far as relates to land in England or Wales, section 64 of the M42 Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section and, so far as relates to land in Northern Ireland, section 9 of the M43 Conveyancing Act 1881 shall have similar effect.

Marginal Citations

M42 1925 c. 20.

M43 1881 c. 41.

54 U.K. Any legal proceedings or applications pending on the appointed day by or against the Crown, being proceedings or applications instituted or made by or against the Postmaster General or his department (but not being proceedings in the case of which express provision is made by some other provision of this Act with respect to the continuance thereof) may be continued by or against the appropriate government department authorised for the purposes of the M44 Crown Proceedings Act 1947.

Marginal Citations

M44 1947 c. 44.