Post Office Act 1969

SCHEDULES

Sections 6, 43, 88.

SCHEDULE 1 U.K. Incidental Provisions with respect to the Post Office and the Members thereof

Status U.K.

1 U.K. The Post Office shall be a body corporate having perpetual succession and a common seal.

Members U.K.

2 (1) A member of the Post Office shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment. U.K.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3) A member may at any time by notice in writing to the Minister resign his office.

Textual Amendments

F1 Sch. 1 paras. 2(2), 4(2) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

3 (1) Before appointing a person to be a member of the Post Office the Minister shall satisfy himself that that person will have no such financial or other interest as is likely to affect prejudicially the exercise and performance by him of his functions as a member of the Post Office, and the Minister shall also satisfy himself from time to time with respect to every member of the Post Office that he has no such interest; and a person who is, or whom the Minister proposes to appoint to be, a member of the Post Office shall, whenever requested by the Minister so to do, furnish to him such information as the Minister considers necessary for the performance by the Minister of his duties under this paragraph. U.K.

(2) A member of the Post Office who is in any way directly or indirectly interested in a contract made or proposed to be made by the Post Office, or in a contract made or proposed to be made by a subsidiary of the Post Office which is brought up for consideration by the Post Office, shall disclose the nature of his interest at a meeting of the Post Office; and the disclosure shall be recorded in the minutes of the Post Office, and the member shall not take any part in any deliberation or decision of the Post Office with respect to that contract.

(3) For the purposes of the last foregoing sub-paragraph, a general notice given at a meeting of the Post Office by a member thereof to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with the company or firm, shall be regarded as a sufficient disclosure of his interest in relation to any contract so made or proposed to be so made.

(4) A member of the Post Office need not attend in person at a meeting of the Post Office in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read at the meeting.

4 (1) The Post Office— U.K.

(a) shall pay to the members thereof such salaries or fees, and such allowances, as the Minister may determine; and

(b) as regards any member in whose case the Minister may so determine, shall pay such pension, allowance or gratuity to or in respect of him or make such payments towards the provision of such a pension, allowance or gratuity as may be so determined;

and, if a person ceases to be a member of the Post Office and it appears to the Minister that there are special circumstances which make it right that that person should receive compensation, the Minister may require the Post Office to pay to that person a sum of such amount as the Minister may determine.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3) The approval of [F3 the Treasury] shall be requisite to a determination under this paragraph by the Minister and to the imposition thereunder by him of a requirement.

Textual Amendments

F2 Sch. 1 paras. 2(2), 4(2) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

F3 Words substituted by virtue of S.I. 1981/1670, arts. 2(1)(a), 3(5)

Modifications etc. (not altering text)

C1 Sch. 1 para. 4 modified (22.3.2001) by S.I. 2001/1148, art. 18 (with art. 34)

5 (1) If the Minister is satisfied that a member of the Post Office— U.K.

(a) has been absent from meetings of the Post Office for a period longer than three consecutive months without the permission of the Post Office; or

(b) has become bankrupt or made an arrangement with his creditors; or

(c) is incapacitated by physical or mental illness; or

(d) is otherwise unable or unfit to discharge the functions of a member;

the Minister may declare his office as a member of the Post Office to be vacant, and shall notify the fact in such manner as the Minister thinks fit; and thereupon the office shall become vacant.

(2) In the application of this paragraph to Scotland, for the references in head (b) of sub-paragraph (1) to a member’s having become bankrupt and to a member’s having made an arrangement with his creditors there shall be substituted respectively references to sequestration of a member’s estate having been awarded and to a member’s having made a trust deed for behoof of his creditors or a composition contract.

6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F4 Sch. 1 para. 6 repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3

Proceedings U.K.

7 U.K. The validity of any proceedings of the Post Office shall not be affected by a vacancy amongst the members thereof or by a defect in the appointment of a member.

8 U.K. The quorum of the Post Office shall be three; and, while a member is disqualified from taking part in a decision or deliberation of the Post Office with respect to a matter, he shall be disregarded for the purpose of constituting a quorum of the Post Office for deciding, or deliberating on, that matter.

9 U.K. Subject to the foregoing provisions of this Schedule, the Post Office shall have power to regulate its own procedure.

Staff U.K.

10 U.K. The Post Office shall appoint a secretary of the Post Office and may appoint such other officers and such servants as it may determine.

11 (1) Except so far as the Post Office is satisfied that adequate machinery exists for achieving the purposes of this paragraph, being machinery for operation at national level or local level or a level falling between those levels and appearing to the Post Office to be appropriate, it shall be the duty of the Post Office to seek consultation with any organisation appearing to it to be appropriate with a view to the conclusion between it and that organisation of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance, for operation at any such level as aforesaid, of machinery for— U.K.

(a) the settlement by negotiation of terms and conditions of employment of persons employed by the Post Office, with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements;

(b) the promotion and encouragement of measures affecting efficiency, in any respect, in the carrying on by the Post Office of its activities, including in particular, the promotion and encouragement of the training of persons employed by the Post Office; and

(c) the promotion and encouragement of measures affecting the safety, health and welfare of persons so employed.

(2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(4) Nothing in this paragraph shall be construed as prohibiting the Post Office from taking part together with other employers or organisations of employers in the establishment and maintenance of machinery for the settlement of terms and conditions of employment and the promotion and encouragement of measures affecting efficiency in the carrying on of their activities and the promotion and encouragement of measures affecting the safety, health and welfare of persons employed by them.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F5 Sch. 1 para. 11(2)(3)(5) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

12 (1) Except with the Minister’s consent, the Post Office shall not terminate on security grounds the employment of a person employed by it. U.K.

(2) In this paragraph, “security grounds” means grounds which are grounds for dismissal from the civil service of Her Majesty in accordance with any arrangements for the time being in force relating to dismissals from that service for reasons of national security.

Fixing of Seal and Proof of Instruments U.K.

13 U.K. The fixing of the seal of the Post Office shall be authenticated by the signature of the secretary of the Post Office or of some other person authorised, either generally or specially, by the Post Office to act for that purpose.

14 U.K. A certificate signed by the secretary of the Post Office that an instrument purporting to be made or issued by or on behalf of the Post Office was so made or issued shall be conclusive evidence of that fact.

15 U.K. Every document purporting to be an instrument made or issued by or on behalf of the Post Office and to be duly executed under the seal of the Post Office, or to be signed or executed by the secretary of the Post Office or a person authorised by the Post Office to act in that behalf shall be received in evidence and deemed, without further proof, to be so made or issued unless the contrary is shown.

Sections 41, 88.

F6 SCHEDULE 2 U.K. Classes of Assets to be held by the Post Office to match its Debts to its banking Customers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 2 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table

Section 56.

F7 SCHEDULE 3 U.K. Modifications of Schedules 5 and 6 to the M3 Roads Act (Northern Ireland) 1948 for the Purposes of Orders made under Section 56 of this Act

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 3 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table

Marginal Citations

M3 1948 c. 28 (N.I.)

Sections 76, 88, 139.

SCHEDULE 4 U.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 I U.K. Interpretation

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

Part II U.K. Adaptations of public general Enactments

Adaptations of Enactments relating to the Post U.K.

F8 2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 4 para. 2 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

F9 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 4 para. 3 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

Adaptations of Enactments relating to Telegraphs U.K.

4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10 Sch. 4 para. 4 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. I

5, 6. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11 Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12 Sch. 4 paras. 7, 9 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

Adaptations of Enactments relating to the Supply of Electricity U.K.

8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F13 Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

F14 Sch. 4 paras. 7, 9 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Textual Amendments

F15 Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

[F16 11 U.K. As from the appointed day, references to a private generating station in section 11 of the M4 Electricity (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

F16 Sch. 4 para. 11 repealed (E.W.S.) by Energy Act 1983 (c. 25, SIF 44:1), Sch. 4 Pt. I

Marginal Citations

M4 1919 c. 100.

12, 13 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Textual Amendments

F17 Sch. 4 paras. 12, 13 repealed by Electricity (Northern Ireland) Order 1972 and S.I. 1972/1072 (N.I. 9), Sch. 7

Adaptations of other Enactments U.K.

F18 14 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Sch. 4 para. 14 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3))

Modifications etc. (not altering text)

C2 The 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.

15 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Textual Amendments

F19 Sch. 4 para. 15 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

16—19. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Textual Amendments

F20 Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

20 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Textual Amendments

F21 Sch. 4 para. 20 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

F22 21 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 Sch. 4 para. 21 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table

22 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

Textual Amendments

F23 Sch. 4 para. 22 repealed (S.) by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 11:2), s. 75(2), Sch. 8

23 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

Textual Amendments

F24 Sch. 4 para. 23 repealed (E.W.) by Insolvency Act 1985 (c. 65, SIF 11:1), s. 235, Sch. 10 Pt. III

24 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

Textual Amendments

F25 Sch. 4 para. 24 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

25 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

Textual Amendments

F26 Sch. 4 para. 25 repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. II

26 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

Textual Amendments

F27 Sch. 4 paras. 26, 28, 29 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

F28 27 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28 Sch. 4 para. 27 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) and expressed to be repealed (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

28, 29. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

Textual Amendments

F29 Sch. 4 paras. 26, 28, 29 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

F30 30 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30 Sch. 4 para. 30 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3))

Modifications etc. (not altering text)

C3 The 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.

31 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

Textual Amendments

F31 Sch. 4 para. 31 repealed by Consumer Credit Act 1974 (c. 39, SIF 60), s. 192, Sch. 5 Pt. I

32 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

Textual Amendments

F32 Sch. 4 para. 32 repealed by Land Drainage Act 1976 (c. 70), Sch. 8

F33 33 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 Sch. 4 para. 33 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(3), 3(2), Sch. 2 (with arts. 1(3), 4(11))

34 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

Textual Amendments

F34 Sch. 4 para. 34repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

35 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

Textual Amendments

F35 Sch. 4 para. 35 repealed by Solicitors (Northern Ireland) Order 1976 and S.I. 1976/582 (N.I. 12), Sch. 3

F36 36 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36 Sch. 4 para. 36 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

37 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

Textual Amendments

F37 Sch. 4 para. 37 repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23

38 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

Textual Amendments

F38 Sch. 4 paras. 38, 45 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

39, 40. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

Textual Amendments

F39 Sch. 4 paras. 34, 39, 40, 43 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

F40 41 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40 Sch. 4 para. 41 repealed (4.12.1997) by S.I. 1997/2779, art. 14, Sch. 3

42 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

Textual Amendments

F41 Sch. 4 para. 42 repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23

43 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

Textual Amendments

F42 Sch. 4 paras. 34, 39, 40, 43repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

44 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

Textual Amendments

F43 Sch. 4 para. 44 repealed by S.I. 1980/1085 (N.I. 11), Sch. 9

45 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

Textual Amendments

F44 Sch. 4 paras. 38, 45repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

46 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

Textual Amendments

F45 Sch. 4 para. 46 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16

47 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

Textual Amendments

F46 Sch. 4 para. 47 repealed by Representation of the People Act 1983 (c. 2, SIF 42), s. 206, Sch. 9 Pt. II

48 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

Textual Amendments

F47 Sch. 4 para. 48 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

49 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

Textual Amendments

F48 Sch. 4 para. 49 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. VII

50 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

Textual Amendments

F49 Sch. 4 para. 50 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

F50 51 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50 Sch. 4 para. 51 repealed (1.1.1996) by 1994 c. 40, s. 81, Sch. 17; S.I. 1995/2835, art. 2

52 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

Textual Amendments

F51 Sch. 4 para. 52 repealed by Drainage (Northern Ireland) Order 1973 and S.I. 1973/69 (N.I. 1), Sch. 10

53 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

Textual Amendments

F52 Sch. 4 para. 53 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I and expressed to be repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), Sch. 6

F53 54 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53 Sch. 4 para. 54 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

55 U.K. As from the appointed day, the reference to the Post Office in section 12(3)(b) of the M5 Criminal Justice Act (Northern Ireland) 1953 (evidence by certificate) shall be construed as including a reference to the authority.

Modifications etc. (not altering text)

C4 The 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

M5 1953 c. 14 (N.I.).

F54 56 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54 Sch. 4 para. 56 repealed (31.7.1996) by S.I. 1996/1141, art. 32(3), Sch. 5; S.R. 1996/267, art. 2

57 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

Textual Amendments

F55 Sch. 4 para. 57 repealed by Solicitors (Amendment) Act 1974 (c. 26), Sch. 3 Pt. II

58 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

Textual Amendments

F56 Sch. 4 paras. 58, 61 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

59 (1) Where any work proposed to be done on or after the appointed day by [F57 the Northern Ireland Housing Executive] in pursuance of a clearance or demolition order or a re-development scheme made by them under [F58 the M6 Housing (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 M7 Telegraph 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 [F57 the Northern Ireland Housing Executive]. U.K.

(2) Where, in pursuance of an order under section 22 of the Housing of the M8 Working Classes Act 1890, section 14 of the M9 Housing Act (Northern Ireland) 1961, [F59 Article 51 of the Housing (Northern Ireland) Order 1981] or section 25 of the M10 New 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 F60 “telegraphic line” and “alteration” have the same meanings as in the M11 Telegraph Act 1878.

Textual Amendments

F57 Words substituted by virtue of S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F58 Words substituted by S.I. 1981/156 (N.I.3), Sch. 11 Pt. II

F59 Words inserted by S.I. 1981/156 (N.I.3), Sch. 11 Pt. II

F60 Words repealed by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

Marginal Citations

M6 S.I. 1981/156 (N.I.3).

M7 1878 c. 76.

M8 1890 c. 70.

M9 1961 c. 12 (N.I.)

M10 1965 c. 13 (N.I.)

M11 1878 c. 76.

60 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

Textual Amendments

F61 Sch. 4 para. 60 repealed by S.I. 1973/69 (N.I. 1), Sch. 10

61 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

Textual Amendments

F62 Sch. 4 paras. 58, 61 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

62—64. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

Textual Amendments

F63 Sch. 4 paras. 62–64 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

65 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

Textual Amendments

F64 Sch. 4 para. 65 repealed by Highways Act 1980 (c. 66), Sch. 25

66 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

Textual Amendments

F65 Sch. 4 para. 66 repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I

[F66 67 U.K. As from the appointed day, section 7(1) of the M12 Payment 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

F66 Sch. 4 para. 67 repealed (E.W.S.) by Wages Act 1986 (c. 48, SIF 43:2), s. 33(5), Sch. 5 Pt. III

Marginal Citations

M12 1960 c. 37.

68 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

Textual Amendments

F67 Sch. 4 paras. 68, 72 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

69 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

Textual Amendments

F68 Sch. 4 para. 69 repealed by Highways Act 1980 (c. 66), Sch. 25

F69 70 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69 Sch. 4 para. 70 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3))

Modifications etc. (not altering text)

C5 The 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.

71 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

Textual Amendments

F70 Sch. 4 para. 71 repealed by Town and Country Planning Act 1971 (c. 78), s. 292(2), Sch. 25

72 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

Textual Amendments

F71 Sch. 4 paras. 68, 72 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

73 U.K. As from the appointed day, the references to the Postmaster General in section 53 of the M13 Electoral Law Act (Northern Ireland) 1962 (transmission of election addresses) shall be construed as referring to the authority.

Modifications etc. (not altering text)

C6 The 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

M13 1962 c. 14 (N.I.).

74 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

Textual Amendments

F72 Sch. 4 para. 74 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

75 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73

Textual Amendments

F73 Sch. 4 para. 75 repealed by S.I.1980/1085 (N.I. 11), Sch. 9

76 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

Textual Amendments

F74 Sch. 4 para. 76 repealed by Airports Authority Act 1975 (c. 78), Sch. 6

[F75 77 U.K. As from the appointed day, the reference in section 1(4) of the M14 Criminal Evidence Act 1965 to the Post Office shall be construed as including a reference to the authority.]

Textual Amendments

F75 Sch. 4 para. 77 repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 7 Pt. III

Modifications etc. (not altering text)

C7 The 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

M14 1965 c. 20

78 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76

Textual Amendments

F76 Sch. 4 para. 78 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II and New Towns Act 1981 (c. 64), s. 81, Sch. 13

79 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77

Textual Amendments

F77 Sch. 4 para. 79 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II

[F78 80 U.K. As from the appointed day, the Schedule to the M15 Building 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

F78 Sch. 4 para. 80 repealed (E.W.) by Housing and Building Control Act 1984 (c. 29, SIF 61), Sch. 12 Pt. I

Modifications etc. (not altering text)

C8 The 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

M15 1966 c. 27.

81 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

Textual Amendments

F79 Sch. 4 para. 81 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

F80 82 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80 Sch. 4 para. 82 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. IX Gp. 2.

F81 83 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81 Sch. 4 para. 83 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(3), 3(2), Sch. 2 (with art. 4(11))

F82 84 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F82 Sch. 4 para. 84 repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2

85 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

Textual Amendments

F83 Sch. 4 paras. 85, 86 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

86 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84

Textual Amendments

F84 Sch. 4 para. 86 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

87 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85

Textual Amendments

F85 Sch. 4 para. 87 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

88 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

Textual Amendments

F86 Sch. 4 para. 88 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. II

89 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87

Textual Amendments

F87 Sch. 4 para. 89 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

90 U.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 M16 Local Government and Roads Act (Northern Ireland) 1968.

Marginal Citations

M16 1968 c. 30 (N.I.)

F88 91 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F88 Sch. 4 para. 91 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Gp. 1

F89 92 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F89 Sch. 4 para. 92 repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

93 (1) [F90 A universal service provider (within the meaning of the Postal Services Act 2000) in connection with the provision of a universal postal service (within the meaning of the Act)] shall be deemed to be [F91 a statutory undertaker] and [F92 his undertaking so far as relating to the provision of a universal postal service] a statutory undertaking for the purposes of the following enactments, namely,— U.K.

(i)–(iv) F93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) the M17 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(vi) F94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii) section 4 of the M18 Requisitioned Land and War Works Act 1948;

[F95 (viii) the M19 Roads Act (Northern Ireland) 1948, as applied by any statutory provision passed or made before the commencement of the M20 Roads (Northern Ireland) Order 1980]

(ix) F96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(x) the National Parks and Access to the M21 Countryside Act 1949;

F97 (xi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xii) the M22 Landlord and Tenant Act 1954;

(xiii) F98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F99 (xiv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xv ) (xvi)F100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xvii) section 11 of the M23 Land Compensation Act 1961;

(xviii) section 3(4) of the M24 Flood Prevention (Scotland) Act 1961;

(xix) F101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xx) the M25 Pipe-lines Act 1962;

(xxi) section 18 of the M26 Land Compensation (Scotland) Act 1963;

(xxii) Schedules 3 F102 to the M27 Harbours Act 1964;

F103 (xxiii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxiv) section 10(4) of the Highlands and Islands Development (Scotland) Act 1965;

F104 (xxv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxvi) F105 . . .

(xxvii) sections 11(5)(f), 54(6) and 75(4) of, and Schedule 3 to, the M28 Countryside (Scotland) Act 1967;

(xxviii) the M29 New Towns (Scotland) Act 1968;

(xxix) F106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxx) section 22 of the M30 Sewerage (Scotland) Act 1968;

(xxxi )F107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxii )F108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxiii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F109

F110 (xxxiv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F111 (xxxv) Section 9 of the Enterprise and New Towns (Scotland) Act 1990.]

F112 . . ..

(2) In the following enactments, namely,—

(a )F113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b )F114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the M31 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(d )F115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e )F116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f )F117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g )F118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h ),(i)F119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) the M32 Pipe-lines Act 1962;

(k) Schedules 3 F102 to the M33 Harbours Act 1964;

(l )–(p)F120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q )F121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(r )F122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(s), (t)

F123 “the appropriate Minister” shall, in relation to [F124 a universal service provider (within the meaning of the Postal Services Act 2000)], mean the Minister.

F125 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In the following enactments, namely,—

(a )F126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b )F127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c )F128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) section 13 of the M34 Pipe-lines Act 1962;

(e) the [F129 New Towns Act 1981]

F130 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the M35 New Towns (Scotland) Act 1968;

(h)

F128 (i )F131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F132

F133 (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“operational land” shall, in relation to [F134 a universal service provider (within the meaning of the Postal Services Act 2000)], mean land of [F135 his] 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—

(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 [F136 a universal service provider’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

F90 Words in Sch. 4 para. 93(1) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(a) (with arts. 1(3), 4(11))

F91 Words in Sch. 4 para. 93(1) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(b) (with arts. 1(3), 4(11))

F92 Words in Sch. 4 para. 93(1) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(c) (with arts. 1(3), 4(11))

F93 Para 93(1)(i)(ii) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I; para. 93(1)(iii) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II; para. 93(1)(iv) repealed (E.W.) by Acquisition of Land Act 1981 (c. 67), Sch. 6 Pt. I

F94 Para. 93(1)(vi) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F95 Para. 93(1)(viii) substituted by British Telecommunications Act 1981 (c. 38), Sch. 3 para. 51(11)

F96 Para. 93(1)(ix) repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16

F97 Sch. 4 para. 93(1)(xi) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

F98 Para. 93(1)(xiii) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

F99 Sch. 4 para. 93(1)(xiv) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

F100 Para. 93(1)(xv) repealed by Highways Act 1980 (c. 66), Sch. 25; para. 93(1)(xvi) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F101 Para. 93(1)(xix) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II

F102 Words repealed by Transport Act 1981 (c. 56), Sch. 12 Pt. II

F103 Sch. 4 para. 93(1)(xxiii) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts.1(3), 4(11))

F104 Sch. 4 para. 93(1)(xxv) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

F105 Sch. 4 para. 93(1)(xxvi) repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2

F106 Para. 93(1)(xxix) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II

F107 Para. 93(1)(xxxi) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II

F108 Para. 93(1)(xxxii) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F109 Sch. 4 para. 93(1)(xxxiii) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

F110 Sch. 4 para. 93(1)(xxxiv) repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F111 Sch. 4 para. 93(1)(xxxv) added (E.W.S.) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch. 4 para. 3

F112 Words in Sch. 4 para. 93(1) repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F113 Para. 93(2)(a) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F114 Para. 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)

F115 Para. 93(2)(d) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F116 Para. 93(2)(e) repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16

F117 Para. 93(2)(f) repealed by S.I. 1976/1775, art. 6(2), Sch. 4

F118 Para. 93(2)(g) repealed by Highway Act 1971 (c. 41), s. 86(2), Sch. 12

F119 Para. 93(2)(h) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F120 Paras. 93(2)(l)–(p) repealed by S.I. 1976/1775, art. 6(2), Sch. 4

F121 Para. 93(2)(q) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II

F122 Para. 93(2)(r) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F123 Para. 93(2)(s)(t) repealed by S.I. 1976/1775, art. 6(2), Sch. 4

F124 Words in Sch. 4 para. 93(2) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(4) (with arts. 1(3), 4(11))

F125 Sch. 4 para. 93(3) repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2

F126 Para. 93(4)(a) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F127 Para. 93(4)(b) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F128 Para. 93(4)(c)(h) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II

F129 Words substituted by New Towns Act 1981 (c. 64), Sch. 12 para. 5

F130 Sch. 4 para. 93(4)(f) repealed (U.K. & Isle of Man) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2

F131 Para. 93(4)(i) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F132 Sch. 4 para. 93(4)(j) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

F133 Sch. 4 para. 93(4)(k) repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F134 WOrds in Sch. 4 para. 93(4) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(5)(a) (with arts. 1(3), 4(11))

F135 Word in Sch. 4 para. 93(4) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(b) (with arts. 1(3), 4(11))

F136 Words in Sch. 4 para. 93(4) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(5)(c) (with arts. 1(3), 4(11))

Modifications etc. (not altering text)

C9 Functions of Minister of Housing and Local Government now exercisable by Secretary of State: S.I. 1970/1681, art. 2

Marginal Citations

M17 1947 c. 42.

M18 1948 c. 17.

M19 1948 c. 28 (N.I.)

M20 S.I. 1980/1085. (N.I.11)

M21 1949 c. 97.

M22 1954 c. 56.

M23 1961 c. 33.

M24 1961 c. 41.

M25 1962 c. 58.

M26 1963 c. 51.

M27 1964 c. 40.

M28 1967 c. 86.

M29 1968 c. 16.

M30 1968 c. 47.

M31 1947 c. 42.

M32 1962 c. 58.

M33 1964 c. 40.

M34 1962 c. 58.

M35 1968 c. 16.

94 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137

Textual Amendments

F137 Sch. 4 para. 94 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

Part III U.K. Adaptations of local Enactments

95 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F138

Textual Amendments

F138 Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

96 (1) Nothing in— U.K.

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

(b) a special enactment passed or made before the appointed day (including such an enactment relating to Scotland or Northern Ireland) for purposes similar to those of an enactment contained in Part V or VII of the M36 Highways 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 M37 Highways Act 1959.

Marginal Citations

M36 1959 c. 25.

M37 1959 c. 25.

97 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F139

Textual Amendments

F139 Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

98 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F140

Textual Amendments

F140 Sch. 4 para. 98 repealed by British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 6 Pt. II and expressed to be repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

99 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F141

Textual Amendments

F141 Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

F142 100 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F142 Sch. 4 para. 100 repealed (26.3.2001) by S.I. 2001/648, art. 4(2), Sch. 2

101, 102. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F143

Textual Amendments

F143 Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

Part IV U.K. Adaptation of Orders in Council

F144 103 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144 Sch. 4 para. 103 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(3), 3(2), Sch. 2 (with art. 4(11))

F145 104 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F145 Sch. 4 para. 104 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(3), 3(2), Sch. 2 (with art. 4(11))

Sections 77, 88.

F146 SCHEDULE 5 U.K. Repair of minor Deficiencies in certain Acts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F146 Sch. 5 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

Sections 94, 114

SCHEDULE 6 U.K. Amendments of Acts consequential on Section 94 of this Act

Parts I and II U.K.

Part III U.K. Amendments of other enactments

Modifications etc. (not altering text)

C11 The text of Sch. 6 Pt. III 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.

Enactments of the Parliament of the United Kingdom U.K.

Enactment amended and Subject-matter thereof	Amendment
F150 F150 Section 2 of the M40 Consolidated Fund (Permanent Charges Redemption) Act 1883 (power of Treasury to borrow from the National Debt Commissioners, out of the funds in their hands on account of trustee or post office savings banks, capital sums necessary for carrying into effect contracts made in pursuance of the M41 Consolidated Fund (Permanent Charges Redemption) Act 1873).	In subsection (1), for the words “Trustee or Post Office Savings Banks” there shall be substituted the words “trustee savings banks and the National Savings Bank”.
Section 10 of the M42 Savings Banks Act 1887 (issue, for specially low fee, of certificate of birth, marriage or death for purposes of Acts relating to savings banks and government annuities).	For the words “Post Office Savings Banks” there shall be substituted the words “the National Savings Bank”.
F151 F151 Section 44 of the M43 Friendly Societies Act 1896 (investment of funds).	In subsection (1)(a), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.
Rule 172 in Schedule 1 to the M44 Sheriff Courts (Scotland) Act 1907 (disposal of money payable to persons under legal disability).	In paragraph (f), in sub-paragraph (1), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”, and, in sub-paragraph (4), for the words “the Post Office Savings Bank” there shall be substituted the words “the Director of Savings”.
F152 F152 Section 47A of the M45 Administration of Estates Act 1925 (right of surviving spouse to have own life interest redeemed).	In subsection (2), in rule 2, for the words “the purchase of an immediate life annuity from the National Debt Commissioners through the Post Office Savings Bank”, there shall be substituted the words “the purchase, under the M46 Government Annuities Act 1929, of an immediate savings bank annuity”.
[F153 Section 27 of the M47 Crown Proceedings Act 1947 (attachment of moneys payable by the Crown).]	[F153 In subsection (1), in the proviso, in paragraph (c), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.]
Section 46 of the Crown Proceedings Act 1947 (provisions as to arrestment).	In the proviso, in paragraph (c), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.
[F153 F154 F154 F154 F154 F154 F154 F155 F155 Section 38 of the M48 Administration of Justice Act 1956 (attachment of debts).]	[F153 In subsection (2), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.]
[F153 F156 F156 F155 F155 Section 143 of the M49 County Courts Act 1959 (attachment of debts).]	[F153 In subsection (2), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.]
Section 17 of the M50 Trustee Investments Act 1961 (extension to the Isle of Man and the Channel Islands of so much of section 16 as relates to the Post Office Savings Bank and to trustee savings banks).	In subsection (3), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.
Part I of Schedule 1 to the Trustee Investments Act 1961 (narrower-range invesments not requiring advice).	In paragraph 2, for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.F156 F156

Textual Amendments

F150 Sch. 6 Pt. III: provision repealed by Banking Act 1979 (c. 37, SIF 10), Sch. 7

F151 Entry repealed by Merchant Shipping Act 1970 (c. 36), s. 100(3), Sch. 5

F152 Entry repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 41(1), Sch. 6 pt. II

F153 Sch. 6 Pt. III: entries repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 7

F154 Entry repealed by Statute Law (Repeals) 1973 (c. 39)

F155 Entry repealed by Insurance Companies Amendment Act 1973 (c. 58), ss. 54(3), 56, Sch. 2, Sch. 3 para. 40, Sch. 5

F156 Entry repealed by Income and Corporation Taxes Act 1970 (c. 10), ss. 538(1), 539(1), Sch. 16

Marginal Citations

M40 1883 c. 1.

M41 1873 c. 57.

M42 1887 c. 40

M43 1896 c. 25.

M44 1907 c. 51.

M45 1925 c. 23.

M46 1929 c. 29.

M47 1947 c. 44.

M48 1956 c. 46.

M49 1959 c. 22

M50 1961 c. 62.

Enactments of the Parliament of Northern Ireland U.K.

Section 25 of the M51 Betting and Lotteries Act (Northern Ireland) 1957 (offences in connection with lotteries).	In subsection (4)(c), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.
Section 98 of the M52 County Courts Act (Northern Ireland) 1959 (investment of funds in court).	In subsection (2)(c), for the words “a Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.F157 F157

Textual Amendments

F157 Entry repealed by Insurance Companies Amendment Act 1973 (c. 58), ss. 54(3), 56, Sch. 2, Sch. 3 para. 40, Sch. 5

Marginal Citations

M51 1957 c. 19 (N.I.).

M52 1959 c. 25 (N.I.).

F158 SCHEDULE 7F158 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F158 Sch. 7 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

Section 137.

F159 SCHEDULE 8 U.K. Obsolete, &c., Enactments ceasing to have Effect

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F159 Sch. 8 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3))

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 M53 Wireless Telegraphy Act 1949, the M54 Television Act 1964 or the M55 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

M53 1949 c. 54.

M54 1964 c. 21.

M55 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 M56 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.

[F160 (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

F160 Para. 2(4) inserted by British Telecommunications Act 1981 (c. 38), s. 89(2)

Marginal Citations

M56 1953 c. 36.

(1)

3 F161 F162 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

(3)(4)

F161 F163 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F161

Textual Amendments

F161 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

F162 Sch. 9 para. 3(2) repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (with art. 34)

F163 Sch. 9 para. 3(5) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

4, 5.F164 U.K.

Textual Amendments

F164 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

F165 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F165 Sch. 9 para. 6 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

F166 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F166 Sch. 9 para. 7 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

8F167 U.K.

Textual Amendments

F167 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 M57 Telegraph Act 1869 on the Postmaster General which is effective at the appointed day (not being a licence under the M58 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 M59 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

M57 1869 c.73.

M58 1949 c. 54.

M59 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 M60 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

M60 1892 c. 59.

13 U.K. Any such council as is mentioned in the M61 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

M61 1899 c. 38.

F168 14 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168 Sch. 9 para. 14 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3))

15, 16F169 U.K.

Textual Amendments

F169 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 M62 Public Health Act 1936 or Part II of the M63 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) [F170 the M64 Thermal Insulation (Industrial Buildings) Act 1957 or regulations made thereunder];

(e) section 72, 73, 74, 75, 81 or 159 of the M65 Highways Act 1959;

(f) paragraph 13, 15 or 18 of Part III of Schedule 9 to the M66 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;

F171 (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

F170 Words repealed (E.W.) by S.I. 1985/1936, reg. 3(2), Sch. 4

F171 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)

C12 Sch. 9 para. 17(2)(a) repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt. VI

Marginal Citations

M62 1936 c. 49.

M63 1961 c. 64.

M64 1957 c. 40.

M65 1959 c. 25.

M66 1963 c. 33.

18, 19F172 U.K.

Textual Amendments

F172 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

F173 20 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F173 Sch. 9 para. 20 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

21F174 U.K.

Textual Amendments

F174 Sch. 9 para. 21 repealed by Income and Corporation Taxes Act 1970 (c. 10), ss. 537(1), 539, Sch. 16

22—26.F175 U.K.

Textual Amendments

F175 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) [F176 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.

F177 F178 (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 [F179 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 [F180 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.

F177 F181 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F182 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F183 for the purposes of [F184 the Town and Country Planning Act 1990]] and, in the application of this paragraph to Scotland, the same meanings as in [F185 the Town and Country Planning (Scotland) Act 1997].

(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) [F186 Sections 91 and 92 of the Town and Country Planning Act 1990] and [F187 sections 58 and 59 of the Town and Country Planning (Scotland) Act 1997] (which relate to the duration of planning permission) shall not apply to planning permission deemed, by virtue of this paragraph, to be granted.

(15) [F188 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 [F188 sections 91 and 92 of that Act of 1990], of a reference to planning permission deemed, by virtue of this paragraph, to be granted.

F177 (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

F176 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

F177 Words repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), s. 277(2), Sch. 23

F178 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 and para. 27(8) expressed to be repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3)

F179 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)

F180 Words substituted (E.W.) by virtue of S.I. 1970/1681, art. 2, 6(3)

F181 Sch. 9 para. 27(10) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2

F182 Sch. 9 para. 27(11) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3)

F183 Words substituted by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II

F184 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iii)

F185 Words in Sch. 9 para. 27(12)(a) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(iii)

F186 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iv)

F187 Words in Sch. 9 para. 27(14) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(iv)

F188 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)

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 F209 . . ., 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 F209 . . ., 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 F209 . . ., 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.

F210 (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) [F211 Part XII of the Town and Country Planning (Scotland) Act 1997] shall not have effect in a case in which planning permission is deemed, by virtue of this paragraph, to be granted.

F212 F213 (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 [F214 section 36 of the Town and Country Planning (Scotland) Act 1997] 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 [F215 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.

F212 F216 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F217 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F218 for the purposes of [F219 the Town and Country Planning Act 1990]] and, in the application of this paragraph to Scotland, the same meanings as in [F220 the Town and Country Planning (Scotland) Act 1997].

(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);

F210 (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) [F221 Sections 91 and 92 of the Town and Country Planning Act 1990] and [F222 sections 58 and 59 of the Town and Country Planning (Scotland) Act 1997] (which relate to the duration of planning permission) shall not apply to planning permission deemed, by virtue of this paragraph, to be granted.

(15) [F223 Subsections (2) and (4) of section 60 of the Town and Country Planning (Scotland) Act 1997] (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 [F224 sections 58 and 59 of that Act], of a reference to planning permission deemed, by virtue of this paragraph, to be granted.

F212 (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

F209 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)

F210 Sch. 9 para. 27(4)(12)(c) omitted for purposes of general application of para. 27 to Scotland pursuant to para. 27(16)

F211 Words in Sch. 9 para. 27(7) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(i)

F212 Words repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), s. 277(2), Sch. 23

F213 Sch. 9 para. 27(8) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3)

F214 Words in Sch. 9 para. 27(9) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(ii)

F215 Words substituted (S.) by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F216 Sch. 9 para. 27(10) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2

F217 Sch. 9 para. 27(11) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3)

F218 Words substituted by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II

F219 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iii)

F220 Words in Sch. 9 para. 27(12)(a) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(iii)

F221 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iv)

F222 Words in Sch. 9 para. 27(14) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(iv)

F223 Words in Sch. 9 para. 27(15) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(v)

F224 Words in Sch. 9 para. 27(15) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(v)

28 (1) Notwithstanding [F189 section 245 of the Town and Country Planning (Scotland) Act 1997] or [F190 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 [F189 section 35 of the Act of 1997] and [F190 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. U.K.

(2) Any approval required under a development order (within the meaning of [F191 the said Act of 1997] or of [F192 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

F189 Words in Sch. 9 para. 27 substituted (U.K)(27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(b)(i)

F190 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(b)(i)

F191 Words in Sch. 9 para. 28(2) substituted (U.K)(27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(b)(ii)

F192 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(b)(ii)

29 U.K. No enforcement notice shall be served by virtue of [F193 paragraph 28 of Schedule 22 to the Town and Country Planning (Scotland) Act 1972 (as it continues in effect by virtue of Schedule 3 to the Planning (Consequential Provisions)(Scotland) Act 1997)] or under [F194 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 [F194 section 172 of the Town and Country Planning Act 1990] or [F195 section 127 of the Town and Country Planning (Scotland) Act 1997] in respect of development carried out before the appointed day on land that so vests.

Textual Amendments

F193 Words in Sch. 9 para. 29 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(c)

F194 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(c)

F195 Words in Sch. 9 para. 29 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(c)

30 U.K. Neither an interim development authority, nor, where the [F196 Department of Development for Northern Ireland] is exercising any of the functions of such an authority, that [F196 Department], shall take any action under section 4 of the M67 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

F196 Words substituted by virtue of Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8(1)

Marginal Citations

M67 1944 c. 3 (N.I.)

31, 32F197 U.K.

Textual Amendments

F197 Sch. 9 paras. 31, 32 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

F198 33 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F198 Sch. 9 para. 33 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

F199 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

34

Textual Amendments

F199 Sch. 9 para. 34 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17

F200 35 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F200 S. 35 repealed (24.9.1996) by S.I. 1996/1919, arts. 256, 257, Sch. 3 (with saving in Sch. 2)

36—47.F201 U.K.

Textual Amendments

F201 Sch. 9 paras. 36–47 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

48F202 U.K.

Textual Amendments

F202 Sch. 9 para. 48 repealed by Social Security Act 1973 (c. 38), Sch. 28 Pt. I

Modifications etc. (not altering text)

C13 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

F203 49 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F203 Sch. 9 para. 49 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

50F204 U.K.

Textual Amendments

F204 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 M68 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

M68 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 M69 National Loans Act 1939 or the M70 National Loans Act 1968 shall, as from the appointed day, be construed as referring to the Director of Savings.

Marginal Citations

M69 1939 c. 117.

M70 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 M71 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 M72 Conveyancing Act 1881 shall have similar effect.

Marginal Citations

M71 1925 c. 20.

M72 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 M73 Crown Proceedings Act 1947.

Marginal Citations

M73 1947 c. 44.

Section 138.

F205 SCHEDULE 10 U.K. Special transitional Provisions with respect to Patents for Inventions and Registered Designs

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F205 Sch. 10 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))

Section 141.

F208 SCHEDULE 11 U.K. Repeals and Revocations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F208 Sch. 11 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3))