SCHEDULES
F219SCHEDULE 1 Incidental Provisions with respect to the Post Office and the Members thereof
F219 Status
F2191
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F219 Members
F2192
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2193
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2194
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2195
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2196
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F219 Proceedings
F2197
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2198
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2199
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F219 Staff
F21910
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21911
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21912
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F219 Fixing of Seal and Proof of Instruments
F21913
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21914
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21915
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1SCHEDULE 2 Classes of Assets to be held by the Post Office to match its Debts to its banking Customers
Sch. 2 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table
Part I Classes of Assets to be held to match a Proportion, determined under Section 41 of this Act, of Debts
1
Cash.
2
Money held on current account by other bankers on behalf of the Post Office in its capacity as the provider, in exercise of the power conferred on it by virtue of section 7(1)(b) of this Act, of a banking service.
3
Loans repayable either on demand or not later than the expiration of the period of fourteen days beginning with the day next following that on which notice is given to the borrower requiring repayment, being loans in the case of each of which the following condition is satisfied on each day on which it is outstanding, that is to say, that it is secured on one or more of the following, namely,—
a
Treasury bills and bills of Her Majesty’s Government in Northern Ireland;
b
accepted and transferable bills of exchange payable at a fixed period after date or sight expiring before the end of the fifth anniversary of that day;
c
marketable fixed interest securities issued by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of that anniversary;
d
marketable fixed interest securities in the case of which the payment of interest thereon is guaranteed by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of that anniversary.
4
Loans of either of the kinds mentioned in paragraph 9 of Part II of Schedule 1 to the M68Trustee Investments Act 1961, being loans repayable as mentioned in the last foregoing paragraph.
5
Treasury bills payable not more than ninety-one days from date and bills of Her Majesty’s Government in Northern Ireland so payable.
6
Assets of such other class as may from time to time be designated for the purposes of this Part of this Schedule by the Post Office with the approval of the Treasury.
Part II Classes of Assets to be held to match the Residue of Debts
7
Cash.
8
Money held as mentioned in paragraph 2 above.
9
Loans of the class specified in paragraph 3 above.
10
Loans of the class specified in paragraph 4 above.
11
Treasury bills and bills of Her Majesty’s Government in Northern Ireland.
12
Assets of a class for the time being designated under paragraph 6 above.
13
Marketable fixed interest securities issued by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of the fifth anniversary of the day on which the Post Office acquires them.
14
Marketable fixed interest securities in the case of which the payment of interest thereon is guaranteed by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of the fifth anniversary of the day on which the Post Office acquires them.
15
Loans of either of the kinds mentioned in paragraph 9 of Part II of Schedule 1 to the M69Trustee Investments Act 1961, being loans made on terms that they will, without any demands’ being made, or notices’ being given, by the persons entitled to repayment, be repaid before the end of the fifth anniversary of the day on which they are made.
16
Securities of the kind mentioned in the said paragraph 9, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of the fifth anniversary of the day on which the Post Office acquires them.
17
Assets of such other class as may from time to time be designated for the purposes of this Part of this Schedule by the Post Office with the approval of the Treasury.
F2SCHEDULE 3 Modifications of Schedules 5 and 6 to the M1Roads Act (Northern Ireland) 1948 for the Purposes of Orders made under Section 56 of this Act
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
1
For any reference in Schedule 5 to the Roads Act (Northern Ireland) 1948 to an authority or a local authority or to the functions of a local authority as a road authority there shall be substituted a reference to the Post Office or to the functions of the Post Office as the case may require.
2
For any reference in Schedules 5 and 6 to the said Act of 1948 to the Ministry within the meaning of that Act there shall be substituted a reference to the Minister.
3
1
Paragraph 2(2) of the said Schedule 5 shall be omitted.
2
In paragraph 2(3)(c) of the said Schedule 5, after the word “served”, there shall be inserted the words “by post by means of the recorded delivery service”.
4
For any reference in the said Schedules to the said Act of 1948 there shall be substituted a reference to this Act.
5
1
For the purposes of a vesting order in respect of an estate in land, being an estate less than a fee simple, the said Schedule 5 shall have effect with such modifications as may be necessary to enable such an estate to be acquired by means of the vesting order and to enable compensation in respect thereof to be duly paid or discharged and (without prejudice to the generality of the foregoing provisions) shall have effect as if for the words in paragraph 5 of the said Schedule 5 from “A vesting order” to “under this Schedule” there were substituted the following words— “
A vesting order shall operate, without further assurance, to vest in the Post Office, as from the date on which the vesting order becomes operative (in this Schedule referred to as “the date of vesting”), all such estates in, to or over the land to which the order relates as are specified in the order, freed and discharged from all the estates of any other person whosoever therein except in so far as is otherwise expressly provided in the order, and the rights and claims of any such other person in respect of an estate so vested shall, as from the date of vesting be transferred and attached, to the extent to which compensation may be payable in accordance with this Schedule, to the funds of the Post Office (in this Schedule referred to as “the compensation fund”) and shall be discharged by payments made by the Post Office
”
.
2
In the said paragraph 5, for the words from “be the date” onwards there shall be substituted the words “be the date on which the vesting order becomes operative or the date of the lodgment of the vesting order with the registering authority under that Act, whichever is the later”.
6
In paragraph 10 of the said Schedule 5, for the words from “signed” to the end of head (b), there shall be substituted the words “signed by such person as may be designated for the purposes of this Schedule by the Post Office”.
SCHEDULE 4 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 Interpretation
1
In this Schedule “the authority” means the authority established by section 6 of this Act.
Part II Adaptations of public general Enactments
Adaptations of Enactments relating to the Post
F32
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adaptations of Enactments relating to Telegraphs
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
Adaptations of Enactments relating to the Supply of Electricity
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
F1111
As from the appointed day, references to a private generating station in section 11 of the M2Electricity (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.
12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
Adaptations of other Enactments
F214C114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
20
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
F1621
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
23
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
24
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
26
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
F22027
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
F215C230
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
32
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24
F2533
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
35
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27
F2836
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29
38
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30
39
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31
F3241
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33
43
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34
44
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35
45
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
46
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37
47
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38
48
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39
49
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40
50
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41
F4251
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
52
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43
53
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44
F4554
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C355
As from the appointed day, the reference to the Post Office in section 12(3)(b) of the M3Criminal Justice Act (Northern Ireland) 1953 (evidence by certificate) shall be construed as including a reference to the authority.
F4656
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
57
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47
58
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48
59
1
Where any work proposed to be done on or after the appointed day by F49the Northern Ireland Housing Executive in pursuance of a clearance or demolition order or a re-development scheme made by them under F50the M4Housing (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 M5Telegraph 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 F49the Northern Ireland Housing Executive.
2
Where, in pursuance of an order under section 22 of the Housing of the M6Working Classes Act 1890, section 14 of the M7Housing Act (Northern Ireland) 1961, F51Article 51 of the Housing (Northern Ireland) Order 1981 or section 25 of the M8New 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
60
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53
61
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54
62
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55
65
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56
66
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57
F5867
As from the appointed day, section 7(1) of the M10Payment 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
68
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59
69
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60
F216C470
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
71
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61
72
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62
C573
As from the appointed day, the references to the Postmaster General in section 53 of the M11Electoral Law Act (Northern Ireland) 1962 (transmission of election addresses) shall be construed as referring to the authority.
74
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63
75
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64
76
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65
F66C677
As from the appointed day, the reference in section 1(4) of the M12Criminal Evidence Act 1965 to the Post Office shall be construed as including a reference to the authority.
78
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67
79
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68
F69C780
As from the appointed day, the Schedule to the M13Building 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.
81
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70
F7182
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7283
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7384
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
85
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74
86
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75
87
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76
88
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77
89
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78
90
As from the appointed day, the authority shall be deemed to be a public utility undertaking for the purposes of section 1 of the M14Local Government and Roads Act (Northern Ireland) 1968.
F7991
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8092
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
93
1
F81A 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 F82a statutory undertaker and F83his undertaking so far as relating to the provision of a universal postal service a statutory undertaking for the purposes of the following enactments, namely,—
i
F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
v
the M15Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
vi
F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
vii
section 4 of the M16Requisitioned Land and War Works Act 1948;
F86viii
ix
F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
x
the National Parks and Access to the M19Countryside Act 1949;
F88xi
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
xii
the M20Landlord and Tenant Act 1954;
xiii
F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F90xiv
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
xv F91
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
xvii
section 11 of the M21Land Compensation Act 1961;
xviii
section 3(4) of the M22Flood Prevention (Scotland) Act 1961;
xix
F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
xx
the M23Pipe-lines Act 1962;
xxi
section 18 of the M24Land Compensation (Scotland) Act 1963;
F94xxiii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
xxiv
section 10(4) of the Highlands and Islands Development (Scotland) Act 1965;
F95xxv
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
xxvi
F96. . .
xxvii
sections 11(5)(f), 54(6) and 75(4) of, and Schedule 3 to, the M26Countryside (Scotland) Act 1967;
xxviii
the M27New Towns (Scotland) Act 1968;
xxix
F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
xxx
section 22 of the M28Sewerage (Scotland) Act 1968;
xxxi F98
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
xxxii F99
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
xxxiii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F100
F101xxxiv
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F102xxxv
Section 9 of the Enterprise and New Towns (Scotland) Act 1990.
F103. . ..
2
In the following enactments, namely,—
a F104
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b F105
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
the M29Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
d F106
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e F107
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f F108
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g F109
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
h F110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
j
the M30Pipe-lines Act 1962;
l F111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
q F112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
r F113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s
F1163
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C84
In the following enactments, namely,—
a F117
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b F118
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c F119
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
section 13 of the M32Pipe-lines Act 1962;
e
the F120New Towns Act 1981
F121f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
the M33New Towns (Scotland) Act 1968;
h
j
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123
F124k
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“operational land” shall, in relation to F125a universal service provider (within the meaning of the Postal Services Act 2000), mean land of F126his 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 F127a 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.
94
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F128
Part III Adaptations of local Enactments
95
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129
96
1
Nothing in—
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 M34Highways 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 M35Highways Act 1959.
97
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130
98
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F131
99
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F132
F133100
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
101
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F134
Part IV Adaptation of Orders in Council
F135103
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F136104
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F137SCHEDULE 5 Repair of minor Deficiencies in certain Acts
Sch. 5 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))
1
1
In any proceedings against a person in respect of an offence under section 45 of the M70Telegraph Act 1863 F177 consisting in the improper divulging of the purport of a message or communication or an offence under section 20 of the M71Telegraph Act 1868 it shall be a defence for him to prove that the act constituting the offence was done F178under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000, under section 11(9) of that Act or in pursuance of a requirement imposed by the Interception of Communications Commissioner under section 58(1) of that Act or imposed by section 68(6) of that Act or by or in accordance with any rules under section 69 of that Act..
2
Subsection (2) of section 58 of the Post Office Act 1953 (warrants in Northern Ireland and the Isle of Man) shall apply for the purposes of the foregoing sub-paragraph as it applies for the purposes of subsection (1) of that section.
2F179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C123
Section 63 of the Post Office Act 1953 shall have effect as if, in subsection (6) thereof, for the words “any stamp for denoting a current rate of postage of any country outside the British postal area” , there were substituted the words “any current stamp for denoting a rate of postage of any country outside the British postal area”.
SCHEDULE 6 Amendments of Acts consequential on Section 94 of this Act
Parts I and II
C9Part III Amendments of other enactments
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
Sch. 6 Pt. III: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 9 Group 1
Entry repealed by Merchant Shipping Act 1970 (c. 36), s. 100(3), Sch. 5
Entry repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 41(1), Sch. 6 pt. II
Sch. 6 Pt. III: entries repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 7
Entry repealed by Statute Law (Repeals) 1973 (c. 39)
Entry repealed by Insurance Companies Amendment Act 1973 (c. 58), ss. 54(3), 56, Sch. 2, Sch. 3 para. 40, Sch. 5
Entry repealed by Income and Corporation Taxes Act 1970 (c. 10), ss. 538(1), 539(1), Sch. 16
Enactment amended and Subject-matter thereof | Amendment |
|---|---|
F218. . . | F218. . . |
Section 10 of the M36Savings 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”. |
F138Section 44 of the M37Friendly 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 M38Sheriff 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”. |
F139Section 47A of the M39Administration 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 M40Government Annuities Act 1929, of an immediate savings bank annuity”. |
F140Section 27 of the M41Crown Proceedings Act 1947 (attachment of moneys payable by the Crown). | F140In 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”. |
F141F142F140Section 38 of the M42Administration of Justice Act 1956 (attachment of debts). | F140In subsection (2), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”. |
F143F142F140Section 143 of the M43County Courts Act 1959 (attachment of debts). | F140In subsection (2), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”. |
Section 17 of the M44Trustee 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”. |
Enactments of the Parliament of Northern Ireland
Entry repealed by Insurance Companies Amendment Act 1973 (c. 58), ss. 54(3), 56, Sch. 2, Sch. 3 para. 40, Sch. 5
Section 25 of the M45Betting 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 M46County 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”.F144F144 |
F145SCHEDULE 7F145
Sch. 7 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I
F212SCHEDULE 8 Obsolete, &c., Enactments ceasing to have Effect
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))
F212Part I Enactments ceasing to have Effect on the Passing of this Act
F212 Enactment of the Parliament of England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F212 Enactments of the Parliament of the United Kingdom
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F212 Enactments of the Parliament of Northern Ireland
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F212Part II Enactments ceasing to have Effect on the Appointed Day
F212 Enactment of the Parliament of the United Kingdom
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F212 Enactment of the Parliament of Northern Ireland
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 9 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 M47Wireless Telegraphy Act 1949, the M48Television Act 1964 or the M49Wireless 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.
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.
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—
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 M50Post 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.
F1464
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.
3
1
F147F1482
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F147F1495
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6F147
4F150
F1516
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1527
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8F153
9
1
This paragraph applies to the following instruments, namely,—
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 M51Telegraph Act 1869 on the Postmaster General which is effective at the appointed day (not being a licence under the M52Wireless Telegraphy Act 1949) shall, as from that day, have effect as if it had been granted under section 27(1) of this Act and—
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 M53Post 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.
11
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
An authority granted under section 5(1) of the M54Telegraph 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.
13
Any such council as is mentioned in the M55Telegraph 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.
F21714
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15F154
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.
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—
C10a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
c
the London Building Acts 1930 to 1939 or byelaws made thereunder;
e
section 72, 73, 74, 75, 81 or 159 of the M59Highways Act 1959;
f
paragraph 13, 15 or 18 of Part III of Schedule 9 to the M60London 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;
F156c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
18F157
F15820
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21F159
22F160
E127
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
F180Part 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.
F181F1828
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F183section 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 F184Secretary 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.
F181F18510
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18611
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F187for the purposes of F188the Town and Country Planning Act 1990 and, in the application of this paragraph to Scotland, the same meanings as in F189the 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
15
F192Subsections (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 F192sections 91 and 92 of that Act of 1990, of a reference to planning permission deemed, by virtue of this paragraph, to be granted.
F18116
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.
E227
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 F193. . ., 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 F193. . ., 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 F193. . ., 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.
F1944
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
F195Part 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.
F196F1978
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F198section 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 F199Secretary 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.
F196F20010
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F202for the purposes of F203the Town and Country Planning Act 1990 and, in the application of this paragraph to Scotland, the same meanings as in F204the 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);
F194c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
15
F207Subsections (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 F208sections 58 and 59 of that Act, of a reference to planning permission deemed, by virtue of this paragraph, to be granted.
F19616
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.
28
1
Notwithstanding F161section 245 of the Town and Country Planning (Scotland) Act 1997 or F162section 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 F161section 35 of the Act of 1997 and F162sections 66 and 67 of the said Act of 1990 (certificates required to accompany application) shall not apply to an application that may be granted by virtue of this sub-paragraph or to an appeal from a decision to refuse to grant planning permission in pursuance of such an application or to grant it subject to conditions.
2
Any approval required under a development order (within the meaning of F163the said Act of 1997 or of F164the 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.
29
No enforcement notice shall be served by virtue of F165paragraph 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 F166paragraph 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 F166section 172 of the Town and Country Planning Act 1990 or F167section 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.
30
Neither an interim development authority, nor, where the F168Department of Development for Northern Ireland is exercising any of the functions of such an authority, that F168Department, shall take any action under section 4 of the M61Planning (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.
31F169
F17033
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34F209. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17135
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36F172
C1148F173
F17449
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50F175
51
An indemnity given under section 13 of the M62National 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.
52
53
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 M65Law 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 M66Conveyancing Act 1881 shall have similar effect.
54
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 M67Crown Proceedings Act 1947.
F176SCHEDULE 10 Special transitional Provisions with respect to Patents for Inventions and Registered Designs
Sch. 10 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))
Part I Patents for Inventions
1
For the purposes of so much of section 32(1) of the M72Patents Act 1949 as provides that a patent may be revoked on the grounds that the invention, so far as claimed in any claim of the complete specification, was secretly used in the United Kingdom before the priority date of that claim, no account shall be taken of any use, on or after the appointed day, of the invention by the Post Office or a person authorised by it, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention directly or indirectly,—
a
before the appointed day, to a government department or person authorised by a government department; or
b
on or after the appointed day, in pursuance of an agreement in the case of which rights and liabilities thereunder vest in the Post Office by virtue of sections 16 to 18 of this Act, to the Post Office or a person authorised by it.
2
1
Where an agreement in the case of which rights and liabilities thereunder vest in the Post Office by virtue of sections 16 to 18 of this Act contains provision—
a
conferring authority under section 46(1) of the M73Patents Act 1949 for the making, use or exercise of an invention for a purpose referable to the functions of the Postmaster General, or
b
providing for the conferring by the Postmaster General on a person of such an authority under that section,
then, on and after the appointed day,—
i
the authority conferred by the agreement, and any authority conferred before that day in pursuance of such a provision as is mentioned in head (b) above, shall continue in force and shall have effect so as to authorise the making, use and exercise of the invention for a purpose referable to the functions of the Post Office, being a purpose corresponding to that mentioned in head (a) above; and
ii
the provision described in head (b) above shall have effect as if it provided for the conferring by the Post Office of an authority having such effect as is mentioned in the last foregoing head.
2
For the purpose of fulfilling obligations imposed on it by virtue of this paragraph, the Post Office shall, on and after the appointed day, have power to confer such an authority as is mentioned in head (ii) of the foregoing sub-paragraph.
3
Nothing in the Patents Act 1949 shall be taken to prevent the use by the Post Office, for a purpose referable to its functions, of any articles made and supplied to it in the exercise of an authority continued in force by, or conferred by virtue of, this paragraph.
3
Where, by an agreement in force immediately before the appointed day and made in pursuance of subsection (3) of section 46 of the Patents Act 1949, terms are agreed upon which use of an invention may be made by virtue of that section for the manufacture of articles by the department of the Postmaster General, or the manufacture and supply to that department of articles by a person authorised by it,—
a
the agreement shall (so far as it relates to the use of the invention by, or with the authority of, that department) have effect as from the appointed day as if, for any reference to use by virtue of that section, whether or not it is expressed to be for any purpose referable to functions of the Postmaster General, there were substituted a reference to use by virtue of this paragraph for any purpose referable to functions of the Post Office corresponding to a purpose referable to functions of the Postmaster General, being a purpose in the case of which use of the invention therefor fell within the agreement, and the rights and liabilities of the Postmaster General subsisting immediately before the appointed day under the agreement shall, on that day, vest in the Post Office by virtue of this paragraph, and paragraph 2 of Schedule 9 to this Act shall apply as it does where rights and liabilities so vest by virtue of sections 16 to 18 of this Act;
b
the Post Office shall have power to use the invention for the manufacture of articles on the terms of the agreement as it has effect by virtue of this paragraph, and any person authorised by the Post Office in writing shall have power to use the invention for manufacture and supply to the Post Office on such terms, and the Post Office shall, accordingly, have power to use, for purposes referable to its functions, articles so manufactured by, or supplied to, it.
4
1
If an obligation of the department of the Postmaster General incurred under section 46(5) of the M74Patents Act 1949 to give a notification or furnish information to a person has not been fulfilled before the appointed day, the Post Office shall, on that day, become under obligation to give the notification or furnish the information to that person; and the Post Office shall, on and after that day, be under obligation to furnish to any person who requires it such other information as to the extent of use before that day of an invention as that department could have been required under the said section 46(5) to furnish to that person if this Act had not passed.
2
Subject to sub-paragraph (4) below, where, on or after the appointed day, use of an invention is begun under an authority continued in force by, or conferred by virtue of, paragraph 2 of this Schedule, the Post Office shall notify the patentee as soon as practicable after the use is begun.
3
Subject as aforesaid, the Post Office shall furnish the patentee with such information as he may from time to time require as to the extent of use, if any, of the invention after the beginning of the appointed day under such an authority as is mentioned in the last foregoing sub-paragraph or by virtue of paragraph 3 of this Schedule.
4
Nothing in the foregoing provisions of this paragraph shall impose on the Post Office an obligation to give notification or furnish information if the Minister notifies it that it is contrary to the public interest to do so.
5
Where, in the case of an invention, an authority for its use is continued in force by, or is conferred by virtue of, paragraph 2 of this Schedule, then—
a
if and so far as the invention has, before the priority date of the relevant claim of the complete specification, been duly recorded by or tried by or on behalf of a government department otherwise than in consequence of the communication thereof, directly or indirectly, by the patentee or a person from whom he derives title, any use of the invention by virtue of the said paragraph 2 may be made free of any royalty or other payment to the patentee;
b
if and so far as the invention has not been so recorded or tried as aforesaid, any use of the invention by virtue of the said paragraph 2 at any time after the acceptance of the complete specification in respect of the patent or in consequence of any such communication as aforesaid, shall—
i
except where an agreement as to terms for the use of the invention was made before the appointed day under section 46(3) of the M75Patents Act 1949 or a determination as to those terms was made by the court under section 48 of that Act, be made upon such terms as may be agreed upon, either before or after the use, between the Post Office and the patentee, or as may, in default of such an agreement, be determined by the court on a reference under paragraph 9 of this Schedule;
ii
in the said excepted case, be made upon the terms of the said agreement or determination.
6
The authority of the Post Office in respect of an invention may be given under paragraph 2 or 3 of this Schedule either before or after the patent is granted and either before or after the acts in respect of which the authority is given are done, but not so as to authorise the doing before the appointed day of any act; and such authority may be given to any person whether or not he is authorised, directly or indirectly, by the patentee to make, use, exercise or vend the invention.
7
1
The Post Office shall have power to use, for a purpose referable to its functions, any article vested in it and made before the appointed day, in the exercise of the powers conferred by section 46 of the Patents Act 1949, by a government department, or a person authorised by a government department.
2
In the case of articles described in the foregoing sub-paragraph, and articles vested in the Post Office and made on or after the appointed day under an authority continued in force by, or conferred by virtue of, paragraph 2 of this Schedule, the Post Office, if the circumstances are such that their supply to the government of a country outside the United Kingdom is, by virtue of section 46(6) of the Patents Act 1949 included among the services of the Crown, shall have power to sell them to that government, and if the circumstances are such that their supply to the United Nations is, by virtue of that section, so included, shall have power to sell them to that organisation.
3
In the case of articles mentioned in the last foregoing sub-paragraph and articles vested in the Post Office and made on or after the appointed day by virtue of paragraph 3 of this Schedule, the Post Office shall have power to sell to any person such, if any, of them as are not required for a purpose referable to functions of the Post Office.
4
The purchaser of any articles sold in the exercise of powers conferred by this paragraph, and any person claiming through him, shall have power to deal with them in the same manner as if the patent were held by or on behalf of the Post Office.
8
1
In relation to any use of a patented invention or an invention in respect of which an application for a patent is pending, being a use made on or after the appointed day for purposes referable to functions of the Post Office—
a
by the Post Office under any power conferred by, or by virtue of, the foregoing provisions of this Act, or by its using articles supplied to it by the patentee or applicant for the patent under an agreement in the case of which rights and liabilities thereunder vest in the Post Office by virtue of sections 16 to 18 of this Act;
b
by a person authorised by an authority continued in force by paragraph 2 above or conferred by virtue of that paragraph or paragraph 3 above;
c
by the patentee or applicant for the patent, for the purpose of satisfying a liability under an agreement in the case of which rights and liabilities thereunder vest in the Post Office by virtue of sections 16 to 18 of this Act;
the provisions of any licence, assignment or agreement made—
i
before the appointed day, between the patentee or applicant for the patent or any person who derives title from him or from whom he derives title, and any person other than a government department; or
ii
on or after the appointed day, between the patentee or applicant for the patent or any person who derives title from him or from whom he derives title, and any person other than the Post Office;
shall be of no effect so far as those provisions restrict or regulate the use of the invention, or any model, document or information relating thereto, or provide for the making of payments in respect of any such use, or calculated by reference thereto; and the reproduction or publication of any model or document in connection with the said use shall not be deemed to be an infringement of any copyright F210or design right subsisting in the model or document.
2
Where an exclusive licence granted otherwise than for royalties or other benefits determined by reference to the use of the invention is in force under the patent, then,—
a
in relation to any use of the invention which, but for the provisions of this paragraph and paragraph 2 of this Schedule would constitute an infringement of the rights of the licensee, paragraph 5 of this Schedule shall have effect as if, for the reference in sub-paragraph (b) thereof to the patentee, there were substituted a reference to the licensee; and
b
in relation to any use of the invention by the licensee by virtue of an authority continued in force by, or conferred by virtue of, paragraph 2 of this Schedule, paragraph 5 thereof shall have effect as if sub-paragraph (b) were omitted.
3
Subject to the provisions of the last foregoing sub-paragraph, where the patent, or the right to apply for or obtain the patent, has been assigned to the patentee in consideration of royalties or other benefits determined by reference to the use of the invention, then—
a
in relation to any use of the invention by virtue of paragraph 2 of this Schedule, paragraph 5 thereof shall have effect as if, in sub-paragraph (b), the reference to the patentee included a reference to the assignor, and any sum payable by virtue of that paragraph or an agreement referred to in paragraph 3 of this Schedule shall—
i
except where an agreement was made before the appointed day between the patentee and the assignor as to the proportions in which any sum payable in relation to the use of the invention by or under the authority of the department of the Postmaster General by virtue of section 46 of the M76Patents Act 1949 should be divided or a determination as to those proportions was made by the court under section 48 of that Act before the appointed day, be divided between the patentee and the assignor in such proportions as may be agreed between them or as may in default of agreement be determined by the court on a reference under paragraph 9 of this Schedule;
ii
in the said excepted case, be divided in such proportions as may be provided for by the said agreement or determination; and
b
in relation to any use of the invention made after the beginning of the appointed day, being use referable to the functions of the Post Office and made by the patentee for the purpose mentioned in sub-paragraph (1)(c) above, paragraph 5(b) of this Schedule shall have effect as if that use were made by virtue of an authority continued in force by paragraph 2 of this Schedule.
4
Where, under paragraph 5 of this Schedule or such an agreement as is referred to in paragraph 3 thereof, payments are required to be made by the Post Office to a patentee in respect of any use of an invention, any person, being the holder of an exclusive licence under the patent (not being such a licence as is mentioned in sub-paragraph (2) of this paragraph) authorising him to make that use of the invention, shall—
a
except where an agreement as to the recovery from the patentee of a part of the payments made under section 46(3) of the Patents Act 1949 by the department of the Postmaster General in respect of the use of the invention was made before the appointed day under section 47(4) of that Act or a determination was made before that day under section 48 of that Act by the court as to such recovery, be entitled to recover from the patentee such part (if any) of those payments as may be agreed upon between that person and the patentee or as may, in default of agreement, be determined by the court on a reference under paragraph 9 of this Schedule to be just having regard to any expenditure incurred by that person—
i
in developing the said invention, or
ii
in making payments to the patentee, other than royalties or other payments determined by reference to the use of the invention, in consideration of the licence;
b
in the said excepted case, be entitled to recover such part, if any, of the payments as may be provided for by the said agreement or determination;
and if that person, at any time before the amount of any such payment has been settled, gives to the Post Office notice in writing of his interest, any agreement as to the amount of that payment shall be of no effect unless it is made with his consent; and, for the purposes of this sub-paragraph, a notice given before the appointed day to the department of the Postmaster General in pursuance of section 47(4) of the M77Patents Act 1949 shall have effect as if it had been given to the Post Office.
5
Where any models, documents or information relating to an invention are used in connection with any such use of the invention as is described in sub-paragraph (1) above, paragraph 5 of this Schedule shall, whether or not it applies to the use of the invention, apply to the use of the models, documents or information as if, for the reference therein to the patentee, there were substituted a reference to the person entitled to the benefit of any provision of a licence, assignment or agreement which is rendered inoperative by the said sub-paragraph (1) in relation to that use.
6
Nothing in this paragraph shall be construed as authorising the disclosure to the Post Office or any other person of any model, document or information to the use of which this paragraph applies in contravention of any such licence, assignment or agreement as aforesaid.
9
1
Any dispute as to the exercise by the Post Office or a person authorised by it of powers subsisting by virtue of the foregoing provisions of this Schedule, or as to terms for use thereunder of an invention or any models, documents or information relating to an invention, or as to the right of any person to receive any part of a payment made in pursuance of paragraph 5 of this Schedule or any such agreement as is referred to in paragraph 3 thereof may be referred to the court by either party to the dispute in such manner as is prescribed by the rules for the time being in force for the purposes of section 48(1) of the Patents Act 1949.
2
Subsections (2) to (5) of section 48 of the Patents Act 1949 shall have effect in relation to proceedings under the foregoing sub-paragraph and disputes that may be determined thereunder as they do in relation to proceedings and disputes that may be determined under subsection (1) of the said section 48, but subject to the modifications that—
a
in subsection (2), for references to a government department there shall be substituted references to the Post Office;
b
in subsection (3), for the references to section 46 of that Act and to the opinion of the government department there shall be substituted respectively references to paragraph 5(a) of this Schedule and to the opinion of the Minister stated in a certificate signed by him; and
c
in subsection (4), for the first reference to a government department there shall be substituted a reference to the Post Office, for the second such reference there shall be substituted a reference to the department of the Postmaster General or the Post Office, and the reference to the services of the Crown shall include a reference to the purposes of the Post Office.
3
Any proceedings under the said section 48 which are in progress immediately before the appointed day, being proceedings to which the department of the Postmaster General is a party, may be continued with the substitution of the Post Office for that department; but in relation to such proceedings, subsection (3) of the said section 48 shall have effect with the substitution, for the reference to the opinion of a government department, of a reference to the opinion of the Minister stated in a certificate signed by him.
10
1
Where, in pursuance of an agreement made before the appointed day in relation to an invention claimed under a complete specification, between the department of the Postmaster General and the applicant for the patent, or any person from whom he derives title, being an agreement to which the Post Office has become a party by virtue of this Act, communication of the invention is made to the Post Office or a person authorised by it to investigate the invention or its merits, the invention shall not be deemed to have been anticipated by reason only of that communication or of anything done in consequence thereof for the purposes of the investigation.
2
An authorisation to investigate an invention given under subsection (1) of section 51 of the M78Patents Act 1949 by the department of the Postmaster General and in force immediately before the appointed day shall remain in force on and after that day as if given by the Post Office and, in relation to that invention, the said subsection (1) shall have effect as if references to a government department included references to the Post Office.
11
Expressions to which meanings are assigned by the Patents Act 1949 for the purposes of that Act have those meanings also for the purposes of this Part of this Schedule.
Part II Registered Designs
12
1
Where an agreement in the case of which rights and liabilities thereunder vest in the Post Office by virtue of sections 16 to 18 of this Act contains provision—
a
conferring authority under paragraph 1(1) of Schedule 1 to the M79Registered Designs Act 1949 for the use of a registered design for a purpose referable to the functions of the Postmaster General; or
b
providing for the conferring by the Postmaster General on a person of such an authority under that paragraph,
then, on and after the appointed day,—
i
the authority conferred by the agreement, and any authority conferred before that day in pursuance of such a provision as is mentioned in head (b) above, shall continue in force and shall have effect so as to authorise the use of the design for a purpose referable to the functions of the Post Office, being a purpose corresponding to that mentioned in head (a) above; and
ii
the provision described in head (b) above shall have effect as if it provided for the conferring by the Post Office of an authority having such effect as is mentioned in the last foregoing head.
2
For the purpose of fulfilling obligations imposed on it by virtue of this paragraph, the Post Office shall, on and after the appointed day, have power to confer such an authority as is mentioned in head (ii) of the foregoing sub-paragraph.
13
Where, by an agreement in force immediately before the appointed day and made in pursuance of sub-paragraph (3) of paragraph 1 of Schedule 1 to the Registered Designs Act 1949, terms are agreed upon which use of a design may be made by virtue of that paragraph for the manufacture of articles by the department of the Postmaster General, or the manufacture and supply to that department of articles by a person authorised by it,—
a
the agreement shall (so far as it relates to the use of the design by, or with the authority of, that department) have effect as from the appointed day as if, for any reference to use by virtue of that paragraph, whether or not it is expressed to be for any purpose referable to functions of the Postmaster General, there were substituted a reference to use by virtue of this paragraph for any purpose referable to functions of the Post Office corresponding to a purpose referable to functions of the Postmaster General, being a purpose in the case of which use of the design therefor fell within the agreement, and the rights and liabilities of the Postmaster General subsisting immediately before the appointed day under the agreement shall on that day vest in the Post Office by virtue of this paragraph, and paragraph 2 of Schedule 9 to this Act shall apply as it does where rights and liabilities so vest by virtue of sections 16 to 18 of this Act;
b
the Post Office shall have power to use the design for the manufacture of articles on the terms of the agreement as it has effect by virtue of this paragraph, and any person authorised by the Post Office in writing shall have power to use the design for manufacture and supply to the Post Office on such terms.
14
1
If an obligation of the department of the Postmaster General , incurred under paragraph 1(5) of Schedule 1 to the M80Registered Designs Act 1949 to give a notification or furnish information to a person has not been fulfilled before the appointed day, the Post Office shall, on that day, become under obligation to give the notification or furnish the information to that person; and the Post Office shall, on and after that day, be under obligation to furnish to any person who requires it such other information as to the extent of use before that day of a registered design as that department could have been required under this said paragraph 1(5) to furnish to that person if this Act had not passed.
2
Subject to sub-paragraph (4) below, where, on or after the appointed day, use of a registered design is begun under an authority continued in force by, or conferred by virtue of, paragraph 12 of this Schedule the Post Office shall notify the registered proprietor as soon as practicable after the use is begun.
3
Subject as aforesaid, the Post Office shall furnish the registered proprietor with such information as he may from time to time require as to the extent of use, if any, of the registered design after the beginning of the appointed day under such an authority as is mentioned in the last foregoing sub-paragraph or by virtue of paragraph 13 of this Schedule.
4
Nothing in the foregoing provisions of this paragraph shall impose on the Post Office an obligation to give notification or furnish information if the Minister notifies it that it is contrary to the public interest to do so.
15
Where, in the case of a design, an authority for its use is continued in force by, or is conferred by virtue of, paragraph 12 of this Schedule, then—
a
if and so far as the design has, before the date of registration thereof, been duly recorded by or applied by or on behalf of a government department otherwise then in consequence of the communication of the design, directly or indirectly, by the registered proprietor or a person from whom he derives title, any use of the design by virtue of the said paragraph 12 may be made free of any royalty or other payment to the registered proprietor;
b
if and so far as the design has not been so recorded or applied as aforesaid, any use of the design by virtue of the said paragraph 12 at any time after the date of registration thereof or in consequence of any such communication as aforesaid, shall—
i
except in a case where an agreement as to terms for the use of the design was made before the appointed day under paragraph 1(3) of Schedule 1 to the M81Registered Designs Act 1949 or a determination as to those terms was made by the court under paragraph 3 of that Schedule, be made upon such terms as may be agreed upon, either before or after the use, between the Post Office and the registered proprietor or as may, in default of such an agreement, be determined by the court on a reference under paragraph 19 of this Schedule;
ii
in the said excepted case, be made upon the terms of the said agreement or determination.
16
The authority of the Post Office in respect of a design may be given under paragraph 12 or 13 of this Schedule either before or after the design is registered and either before or after the acts in respect of which the authority is given are done, but not so as to authorise the doing before the appointed day of any act; and such authority may be given to any person whether or not he is authorised, directly or indirectly, by the registered proprietor to use the design.
17
1
In the case of articles vested in the Post Office and made before the appointed day, in the exercise of the powers conferred by paragraph 1 of Schedule 1 to the Registered Designs Act 1949, and articles so vested and made on or after the appointed day under an authority continued in force by, or conferred by virtue of, paragraph 12 of this Schedule, the Post Office, if the circumstances are such that their supply to the government of a country outside the United Kingdom is, by virtue of paragraph 1(6) of the said Schedule 1 included among the services of the Crown, shall have power to sell them to that government, and if the circumstances are such that their supply to the United Nations is, by virtue of that paragraph, so included, shall have power to sell them to that organisation.
2
In the case of articles mentioned in the last foregoing sub-paragraph and articles vested in the Post Office and made on or after the appointed day by virtue of paragraph 13 of this Schedule, the Post Office shall have power to sell to any person such, if any, of them as are not required for a purpose referable to functions of the Post Office.
3
The purchaser of any articles sold in the exercise of powers conferred by this paragraph, and any person claiming through him, shall have power to deal with them in the same manner as if the rights in the registered design were held by or on behalf of the Post Office.
18
1
In relation to any use of a registered design or a design in respect of which an application for registration is pending, being a use made on or after the appointed day for purposes referable to functions of the Post Office—
a
by the Post Office under any power conferred by or by virtue of the foregoing provisions of this Act;
b
by a person authorised by an authority continued in force by paragraph 12 above or conferred by virtue of that paragraph or paragraph 13 above;
c
by the registered proprietor or applicant for registration for the purpose of satisfying a liability under an agreement in the case of which rights and liabilities thereunder vest in the Post Office by virtue of sections 16 to 18 of this Act;
the provisions of any licence, assignment or agreement made,—
i
before the appointed day, between the registered proprietor or applicant for registration or any person who derives title from him or from whom he derives title and any person other than a government department; or
ii
on or after the appointed day, between the registered proprietor or applicant for registration or any person who derives title from him or from whom he derives title and any person other than the Post Office;
shall be of no effect so far as those provisions restrict or regulate the use of the design, or any model, document or information relating thereto, or provide for the making of payments in respect of any such use, or calculated by reference thereto; and the reproduction or publication of any model or document in connection with the said use shall not be deemed to be an infringement of any copyright F211or design right subsisting in the model or document.
2
Where an exclusive licence granted otherwise than for royalties or other benefits determined by reference to the use of the design is in force under the registered design, then—
a
in relation to any use of the design which, but for the provisions of this paragraph and paragraph 12 of this Schedule would constitute an infringement of the rights of the licensee, paragraph 15 of this Schedule shall have effect as if, for the reference in sub-paragraph (b) thereof to the registered proprietor, there were substituted a reference to the licensee; and
b
in relation to any use of the design by the licensee by virtue of an authority continued in force by, or conferred by virtue of, paragraph 12 of this Schedule, paragraph 15 thereof shall have effect as if sub-paragraph (b) were omitted.
3
Subject to the provisions of the last foregoing sub-paragraph, where the registered design or the right to apply for or obtain registration of the design has been assigned to the registered proprietor in consideration of royalties or other benefits determined by reference to the use of the design, then—
a
in relation to any use of the design by virtue of paragraph 12 of this Schedule, paragraph 15 thereof shall have effect as if, in sub-paragraph (b), the reference to the registered proprietor included a reference to the assignor, and any sum payable by virtue of that paragraph or an agreement referred to in paragraph 13 of this Schedule shall—
i
except in a case where an agreement was made before the appointed day between the registered proprietor and the assignor as to the proportions in which any sum payable in relation to the use of the design by or under the authority of the department of the Postmaster General by virtue of paragraph 1 of Schedule 1 to the M82Registered Designes Act 1949 should be divided or a determination as to those proportions was made by the court under paragraph 3 of that Schedule before the appointed day, be divided between them in such proportions as may be agreed between them or as may in default of agreement be determined by the court on a reference under paragraph 19 of this Schedule;
ii
in the said excepted case, be divided in such proportions as may be provided for by the said agreement or determination; and
b
in relation to any use of the design made after the beginning of the appointed day, being use referable to the functions of the Post Office and made by the registered proprietor for the purpose mentioned in sub-paragraph (1)(c) above, paragraph 15(b) of this Schedule shall have effect as if that use were made by virtue of an authority continued in force by paragraph 12 of this Schedule.
4
Where, under paragraph 15 of this Schedule or such an agreement as is referred to in paragraph 13 thereof, payments are required to be made by the Post Office to a registered proprietor in respect of any use of a design, any person, being the holder of an exclusive licence under the registered design (not being such a licence as is mentioned in sub-paragraph (2) of this paragraph) authorising him to make that use of the design, shall—
a
except where an agreement as to the recovery from the registered proprietor of a part of the payments made under paragraph 1(3) of the said Schedule 1 by the department of the Postmaster General in respect of the use of the design was made before the appointed day under paragraph 2(4) of that Schedule or a determination was made before that day under paragraph 3 of that Schedule by the court as to such recovery, be entitled to recover from the registered proprietor such part (if any) of those payments as may be agreed upon between that person and the registered proprietor or as may, in default of agreement be determined by the court on a reference under paragraph 19 of this Schedule, to be just having regard to any expenditure incurred by that person—
i
in developing the said design; or
ii
in making payments to the registered proprietor, other than royalties or other payments determined by reference to the use of the design, in consideration of the licence;
b
in the said excepted case, be entitled to recover such part, if any, of the payments as may be provided for by the said agreement or determination;
and if, at any time before the amount of any such payment has been settled, that person gives to the Post Office notice in writing of his interest, any agreement as to the amount of that payment shall be of no effect unless it is made with his consent; and for the purposes of this sub-paragraph, a notice given before the appointed day to the department of the Postmaster General in pursuance of paragraph 2(4) of the said Schedule 1 shall have effect as if it had been given to the Post Office.
5
Where any models, documents or information relating to a registered design are used in connection with any such use of the design as is described in sub-paragraph (1) above, paragraph 15 of this Schedule shall, whether or not it applies to the use of the design, apply to the use of the models, documents or information as if, for the reference therein to the registered proprietor, there were substituted a reference to the person entitled to the benefit of any provision of a licence, assignment or agreement which is rendered inoperative by the said sub-paragraph (1) in relation to that use.
6
Nothing in this paragraph shall be construed as authorising the disclosure to the Post Office or any other person of any model, document or information to the use of which this paragraph applies in contravention of any such licence, assignment or agreement as aforesaid.
19
1
Any dispute as to the exercise by the Post Office or a person authorised by it of powers subsisting by virtue of this Part of this Schedule, or as to terms for use thereunder of a design, or any models, documents or information relating to a design, or as to the right of any person to receive any part of a payment made in pursuance of paragraph 15 of this Schedule or any such agreement as is referred to in paragraph 13 thereof may be referred to the court by either party to the dispute in such manner as is prescribed by the rules for the time being in force for the purposes of paragraph 3(1) of Schedule 1 to the M83Registered Designs Act 1949.
2
Sub-paragraphs (2) to (5) of paragraph 3 of the said Schedule 1 shall have effect in relation to proceedings under the foregoing sub-paragraph and disputes that may be determined thereunder as they do in relation to proceedings and disputes that may be determined under sub-paragraph (1) of the said paragraph 3, but subject to the modifications that—
a
in sub-paragraph (2), for references to a government department there shall be substituted references to the Post Office;
b
in sub-paragraph (3), for the references to paragraph 1 of that Schedule and to the opinion of the government department there shall be substituted respectively references to paragraph 15(a) of this Schedule and to the opinion of the Minister stated in a certificate signed by him; and
c
in sub-paragraph (4), for the first reference to a government department there shall be substituted a reference to the Post Office, for the second such reference there shall be substituted a reference to the department of the Postmaster General or the Post Office, and the reference to the services of the Crown shall include a reference to the purposes of the Post Office.
3
Any proceedings under the said paragraph 3 which are in progress immediately before the appointed day, being proceedings to which the department of the Postmaster General is a party, may be continued with the substitution of the Post Office for that department; but in relation to such proceedings, sub-paragraph (3) of the said paragraph 3 shall have effect with the substitution, for the reference to the opinion of a government department, of a reference to the opinion of the Minister stated in a certificate signed by him.
20
1
Where, in pursuance of an agreement made before the appointed day in relation to a design between the department of the Postmaster General and the proprietor of the design or any person from whom he derives title, being an agreement to which the Post Office has become a party by virtue of this Act, communication of the design is made to the Post Office or a person authorised by it to consider the merits of the design, an application for the registration of the design shall not be refused and the registration of the design shall not be invalidated by reason only of that communication or of anything done in consequence thereof.
2
An authorisation to consider the merits of a design given under subsection (3) of section 6 of the M84Registered Designs Act 1949 by the department of the Postmaster General and in force immediately before the appointed day shall remain in force on and after that day as if given by the Post Office and, in relation to that design, the said subsection (3) shall have effect as if references to a government department included references to the Post Office.
21
Expressions to which meanings are assigned by the Registered Designs Act 1949 for the purposes of that Act have those meanings also for the purposes of this Part of this Schedule.
F213SCHEDULE 11 Repeals and Revocations
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))
F213Part I Enactments repealed on the Passing of this Act
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F213Part II Enactments repealed on the Appointed Day
F213 Enactment of the Parliament of the Great Britain
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F213 Enactments of the Parliament of the United Kingdom
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F213 Enactments of the Parliament of Northern Ireland
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F213Part III Orders In Council Revoked On The Appointed Day
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 1 repealed (1.5.2007) by Postal Services Act 2000 (c. 26), s. 130(1), Sch. 9; S.I. 2007/1181, art. 2, Sch.