- Latest available (Revised)
- Point in Time (01/08/2007)
- Original (As enacted)
Version Superseded: 01/10/2009
Point in time view as at 01/08/2007.
Post Office Act 1969 is up to date with all changes known to be in force on or before 31 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Sections 6, 43, 88.
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Textual Amendments
F1Sch. 1 repealed (1.5.2007) by Postal Services Act 2000 (c. 26), s. 130(1), Sch. 9; S.I. 2007/1181, art. 2, Sch.
Sections 41, 88.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 2 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table
Section 56.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 3 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table
Marginal Citations
Sections 76, 88, 139.
1U.K.In this Schedule “the authority” means the authority established by section 6 of this Act.
F42U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 4 para. 2 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))
F53U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 4 para. 3 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))
4U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
Textual Amendments
5, 6.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
Textual Amendments
F7Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
7U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
Textual Amendments
8U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
Textual Amendments
F9Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
9U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
Textual Amendments
10U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
Textual Amendments
F11Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
[F1211U.K.As from the appointed day, references to a private generating station in section 11 of the M4Electricity (Supply) Act 1919 (restrictions on the establishment of new generating stations) shall be construed as including references to a generating station (within the meaning of that Act) for the generation of electricity for use wholly or mainly for the purposes of the authority’s undertaking.]
Textual Amendments
F12Sch. 4 para. 11 repealed (E.W.S.) by Energy Act 1983 (c. 25, SIF 44:1), Sch. 4 Pt. I
Marginal Citations
12, 13U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
Textual Amendments
F13Sch. 4 paras. 12, 13 repealed by Electricity (Northern Ireland) Order 1972 and S.I. 1972/1072 (N.I. 9), Sch. 7
F1414U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14Sch. 4 para. 14 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3))
Modifications etc. (not altering text)
C1The text of Sch. 4 paras. 2(8)(10)(15)(22), 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
15U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
Textual Amendments
16—19.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
Textual Amendments
F16Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
20U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
Textual Amendments
F1821U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F18Sch. 4 para. 21 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table
22U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
Textual Amendments
F19Sch. 4 para. 22 repealed (S.) by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 11:2), s. 75(2), Sch. 8
23U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
Textual Amendments
F20Sch. 4 para. 23 repealed (E.W.) by Insolvency Act 1985 (c. 65, SIF 11:1), s. 235, Sch. 10 Pt. III
24U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
Textual Amendments
25U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
Textual Amendments
26U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
Textual Amendments
F23Sch. 4 paras. 26, 28, 29 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
F2427U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F24Sch. 4 para. 27 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) and expressed to be repealed (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)
28, 29.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
Textual Amendments
F25Sch. 4 paras. 26, 28, 29 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
F2630U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F26Sch. 4 para. 30 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3))
Modifications etc. (not altering text)
C2The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
31U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27
Textual Amendments
32U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28
Textual Amendments
F28Sch. 4 para. 32 repealed by Land Drainage Act 1976 (c. 70), Sch. 8
F2933U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F29Sch. 4 para. 33 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(3), 3(2), Sch. 2 (with arts. 1(3), 4(11))
34U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30
Textual Amendments
35U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31
Textual Amendments
F31Sch. 4 para. 35 repealed by Solicitors (Northern Ireland) Order 1976 and S.I. 1976/582 (N.I. 12), Sch. 3
F3236U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F32Sch. 4 para. 36 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))
37U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33
Textual Amendments
38U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34
Textual Amendments
39, 40.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35
Textual Amendments
F35Sch. 4 paras. 34, 39, 40, 43 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
F3641U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F36Sch. 4 para. 41 repealed (4.12.1997) by S.I. 1997/2779, art. 14, Sch. 3
42U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37
Textual Amendments
43U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38
Textual Amendments
F38Sch. 4 paras. 34, 39, 40, 43repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
44U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39
Textual Amendments
F39Sch. 4 para. 44 repealed by S.I. 1980/1085 (N.I. 11), Sch. 9
45U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40
Textual Amendments
46U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41
Textual Amendments
F41Sch. 4 para. 46 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16
47U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42
Textual Amendments
48U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43
Textual Amendments
49U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44
Textual Amendments
50U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45
Textual Amendments
F4651U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F46Sch. 4 para. 51 repealed (1.1.1996) by 1994 c. 40, s. 81, Sch. 17; S.I. 1995/2835, art. 2
52U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47
Textual Amendments
F47Sch. 4 para. 52 repealed by Drainage (Northern Ireland) Order 1973 and S.I. 1973/69 (N.I. 1), Sch. 10
53U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48
Textual Amendments
F48Sch. 4 para. 53 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I and expressed to be repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), Sch. 6
F4954U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F49Sch. 4 para. 54 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))
55U.K.As from the appointed day, the reference to the Post Office in section 12(3)(b) of the M5Criminal Justice Act (Northern Ireland) 1953 (evidence by certificate) shall be construed as including a reference to the authority.
Modifications etc. (not altering text)
C3The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
F5056U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F50Sch. 4 para. 56 repealed (31.7.1996) by S.I. 1996/1141, art. 32(3), Sch. 5; S.R. 1996/267, art. 2
57U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51
Textual Amendments
58U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52
Textual Amendments
59(1)Where any work proposed to be done on or after the appointed day by [F53the Northern Ireland Housing Executive] in pursuance of a clearance or demolition order or a re-development scheme made by them under [F54the M6Housing (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 M7Telegraph 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 [F53the Northern Ireland Housing Executive].U.K.
(2)Where, in pursuance of an order under section 22 of the Housing of the M8Working Classes Act 1890, section 14 of the M9Housing Act (Northern Ireland) 1961, [F55Article 51 of the Housing (Northern Ireland) Order 1981] or section 25 of the M10New Towns Act (Northern Ireland) 1965, that comes into operation on or after the appointed day, a public right of way over land is extinguished and, immediately before the day on which the order comes into operation, there is under, in, on, over, along or across the land a telegraphic line of the authority’s, the authority shall have the same powers in respect of the line as if the order had not come into operation; but, if a person entitled to land over which the right of way subsisted requires that the line should be altered, paragraphs (1) to (8) of the said section 7 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the person by whom the alteration is required.
(3)In this paragraph F56“telegraphic line” and “alteration” have the same meanings as in the M11Telegraph Act 1878.
Textual Amendments
F53Words substituted by virtue of S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2
F54Words substituted by S.I. 1981/156 (N.I.3), Sch. 11 Pt. II
F55Words inserted by S.I. 1981/156 (N.I.3), Sch. 11 Pt. II
F56Words repealed by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2
Marginal Citations
60U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57
Textual Amendments
F57Sch. 4 para. 60 repealed by S.I. 1973/69 (N.I. 1), Sch. 10
61U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58
Textual Amendments
62—64.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59
Textual Amendments
65U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60
Textual Amendments
F60Sch. 4 para. 65 repealed by Highways Act 1980 (c. 66), Sch. 25
66U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61
Textual Amendments
[F6267U.K.As from the appointed day, section 7(1) of the M12Payment of Wages Act 1960 (interpretation) shall have effect as if, for the definitions of “money order” and “postal order”, there were substituted the following definitions:—
““money order” means a money order issued by the Postmaster General or the Post Office and “postal order” means a postal order so issued”.]
Textual Amendments
F62Sch. 4 para. 67 repealed (E.W.S.) by Wages Act 1986 (c. 48, SIF 43:2), s. 33(5), Sch. 5 Pt. III
Marginal Citations
68U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63
Textual Amendments
69U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64
Textual Amendments
F64Sch. 4 para. 69 repealed by Highways Act 1980 (c. 66), Sch. 25
F6570U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F65Sch. 4 para. 70 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3))
Modifications etc. (not altering text)
C4The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
71U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66
Textual Amendments
72U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67
Textual Amendments
73U.K.As from the appointed day, the references to the Postmaster General in section 53 of the M13Electoral Law Act (Northern Ireland) 1962 (transmission of election addresses) shall be construed as referring to the authority.
Modifications etc. (not altering text)
C5The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
74U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68
Textual Amendments
75U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69
Textual Amendments
F69Sch. 4 para. 75 repealed by S.I.1980/1085 (N.I. 11), Sch. 9
76U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70
Textual Amendments
F70Sch. 4 para. 76 repealed by Airports Authority Act 1975 (c. 78), Sch. 6
[F7177U.K.As from the appointed day, the reference in section 1(4) of the M14Criminal Evidence Act 1965 to the Post Office shall be construed as including a reference to the authority.]
Textual Amendments
F71Sch. 4 para. 77 repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 7 Pt. III
Modifications etc. (not altering text)
C6The text of Sch. 4 paras. 77, 80 and 82 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
78U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72
Textual Amendments
79U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73
Textual Amendments
[F7480U.K.As from the appointed day, the Schedule to the M15Building Control Act 1966 (which specifies bodies in the case of which work carried out by them is exempt from control under that Act) shall have effect as if, at the end thereof, there were added a reference to the authority.]
Textual Amendments
F74Sch. 4 para. 80 repealed (E.W.) by Housing and Building Control Act 1984 (c. 29, SIF 61), Sch. 12 Pt. I
Modifications etc. (not altering text)
C7The text of Sch. 4 paras. 77, 80 and 82 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
81U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75
Textual Amendments
F7682U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F76Sch. 4 para. 82 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. IX Gp. 2.
F7783U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F77Sch. 4 para. 83 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(3), 3(2), Sch. 2 (with art. 4(11))
F7884U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F78Sch. 4 para. 84 repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2
85U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79
Textual Amendments
86U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80
Textual Amendments
87U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81
Textual Amendments
88U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82
Textual Amendments
F82Sch. 4 para. 88 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. II
89U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83
Textual Amendments
90U.K.As from the appointed day, the authority shall be deemed to be a public utility undertaking for the purposes of section 1 of the M16Local Government and Roads Act (Northern Ireland) 1968.
Marginal Citations
F8491U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F84Sch. 4 para. 91 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Gp. 1
F8592U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F85Sch. 4 para. 92 repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)
93(1)[F86A 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 [F87a statutory undertaker] and [F88his undertaking so far as relating to the provision of a universal postal service] a statutory undertaking for the purposes of the following enactments, namely,—U.K.
(i)–(iv)F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)the M17Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
(vi)F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(vii)section 4 of the M18Requisitioned Land and War Works Act 1948;
[F91(viii)the M19Roads Act (Northern Ireland) 1948, as applied by any statutory provision passed or made before the commencement of the M20Roads (Northern Ireland) Order 1980]
(ix)F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(x)the National Parks and Access to the M21Countryside Act 1949;
F93(xi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xii)the M22Landlord and Tenant Act 1954;
(xiii)F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F95(xiv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xv ) (xvi)F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xvii)section 11 of the M23Land Compensation Act 1961;
(xviii)section 3(4) of the M24Flood Prevention (Scotland) Act 1961;
(xix)F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xx)the M25Pipe-lines Act 1962;
(xxi)section 18 of the M26Land Compensation (Scotland) Act 1963;
(xxii)Schedules 3 F98 to the M27Harbours Act 1964;
F99(xxiii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xxiv)section 10(4) of the Highlands and Islands Development (Scotland) Act 1965;
F100(xxv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xxvi)F101. . .
(xxvii)sections 11(5)(f), 54(6) and 75(4) of, and Schedule 3 to, the M28Countryside (Scotland) Act 1967;
(xxviii)the M29New Towns (Scotland) Act 1968;
(xxix)F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xxx)section 22 of the M30Sewerage (Scotland) Act 1968;
(xxxi )F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xxxii )F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(xxxiii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F105
F106(xxxiv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F107(xxxv)Section 9 of the Enterprise and New Towns (Scotland) Act 1990.]
F108. . ..
(2)In the following enactments, namely,—
(a )F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b )F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)the M31Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
(d )F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e )F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f )F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g )F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h ),(i)F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j)the M32Pipe-lines Act 1962;
(k)Schedules 3 F98 to the M33Harbours Act 1964;
(l )–(p)F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(q )F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(r )F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(s), (t)
F119“the appropriate Minister” shall, in relation to [F120a universal service provider (within the meaning of the Postal Services Act 2000)], mean the Minister.
F121(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In the following enactments, namely,—
(a )F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b )F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c )F124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)section 13 of the M34Pipe-lines Act 1962;
(e)the [F125New Towns Act 1981]
F126(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)the M35New Towns (Scotland) Act 1968;
(h)
F124(i )F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F128
F129(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“operational land” shall, in relation to [F130a universal service provider (within the meaning of the Postal Services Act 2000)], mean land of [F131his] 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 [F132a universal service provider’s] falls within a class specified in regulations so made, it shall be determined by the Minister.
In the application of this sub-paragraph to Scotland, for the reference to the Minister of Housing and Local Government there shall be substituted a reference to the Secretary of State.
(5)This paragraph shall come into operation on the appointed day.
Textual Amendments
F86Words in Sch. 4 para. 93(1) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(a) (with arts. 1(3), 4(11))
F87Words in Sch. 4 para. 93(1) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(b) (with arts. 1(3), 4(11))
F88Words in Sch. 4 para. 93(1) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(c) (with arts. 1(3), 4(11))
F89Para 93(1)(i)(ii) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I; para. 93(1)(iii) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II; para. 93(1)(iv) repealed (E.W.) by Acquisition of Land Act 1981 (c. 67), Sch. 6 Pt. I
F90Para. 93(1)(vi) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F91Para. 93(1)(viii) substituted by British Telecommunications Act 1981 (c. 38), Sch. 3 para. 51(11)
F92Para. 93(1)(ix) repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16
F93Sch. 4 para. 93(1)(xi) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))
F94Para. 93(1)(xiii) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX
F95Sch. 4 para. 93(1)(xiv) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))
F96Para. 93(1)(xv) repealed by Highways Act 1980 (c. 66), Sch. 25; para. 93(1)(xvi) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F97Para. 93(1)(xix) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II
F98Words repealed by Transport Act 1981 (c. 56), Sch. 12 Pt. II
F99Sch. 4 para. 93(1)(xxiii) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts.1(3), 4(11))
F100Sch. 4 para. 93(1)(xxv) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))
F101Sch. 4 para. 93(1)(xxvi) repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2
F102Para. 93(1)(xxix) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II
F103Para. 93(1)(xxxi) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II
F104Para. 93(1)(xxxii) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F105Sch. 4 para. 93(1)(xxxiii) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I
F106Sch. 4 para. 93(1)(xxxiv) repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)
F107Sch. 4 para. 93(1)(xxxv) added (E.W.S.) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch. 4 para. 3
F108Words in Sch. 4 para. 93(1) repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)
F109Para. 93(2)(a) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F110Para. 93(2)(b) (specifying Acquisition of Land (Authorisation Procedure) Act 1946) repealed by virtue of Acquisition of Land Act 1981 (c. 67), Sch. 6 Pt. I (expressed as repealing sub-para. (2)(iv) in para. 93)
F111Para. 93(2)(d) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F112Para. 93(2)(e) repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16
F113Para. 93(2)(f) repealed by S.I. 1976/1775, art. 6(2), Sch. 4
F114Para. 93(2)(g) repealed by Highway Act 1971 (c. 41), s. 86(2), Sch. 12
F115Para. 93(2)(h) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F116Paras. 93(2)(l)–(p) repealed by S.I. 1976/1775, art. 6(2), Sch. 4
F117Para. 93(2)(q) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II
F118Para. 93(2)(r) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F119Para. 93(2)(s)(t) repealed by S.I. 1976/1775, art. 6(2), Sch. 4
F120Words in Sch. 4 para. 93(2) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(4) (with arts. 1(3), 4(11))
F121Sch. 4 para. 93(3) repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2
F122Para. 93(4)(a) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F123Para. 93(4)(b) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F124Para. 93(4)(c)(h) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II
F125Words substituted by New Towns Act 1981 (c. 64), Sch. 12 para. 5
F126Sch. 4 para. 93(4)(f) repealed (U.K. & Isle of Man) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2
F127Para. 93(4)(i) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F128Sch. 4 para. 93(4)(j) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I
F129Sch. 4 para. 93(4)(k) repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)
F130WOrds in Sch. 4 para. 93(4) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(5)(a) (with arts. 1(3), 4(11))
F131Word in Sch. 4 para. 93(4) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(b) (with arts. 1(3), 4(11))
F132Words in Sch. 4 para. 93(4) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(5)(c) (with arts. 1(3), 4(11))
Modifications etc. (not altering text)
C8Functions of Minister of Housing and Local Government now exercisable by Secretary of State: S.I. 1970/1681, art. 2
Marginal Citations
M20S.I. 1980/1085. (N.I.11)
94U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133
Textual Amendments
95U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F134
Textual Amendments
F134Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
96(1)Nothing in—U.K.
(a)the London Building Acts 1930 to 1939 or byelaws thereunder; or
(b)a special enactment passed or made before the appointed day (including such an enactment relating to Scotland or Northern Ireland) for purposes similar to those of an enactment contained in Part V or VII of the M36Highways 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 M37Highways Act 1959.
97U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135
Textual Amendments
F135Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
98U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F136
Textual Amendments
F136Sch. 4 para. 98 repealed by British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 6 Pt. II and expressed to be repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
99U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137
Textual Amendments
F137Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
F138100U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F138Sch. 4 para. 100 repealed (26.3.2001) by S.I. 2001/648, art. 4(2), Sch. 2
101, 102.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F139
Textual Amendments
F139Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I
F140103U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F140Sch. 4 para. 103 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(3), 3(2), Sch. 2 (with art. 4(11))
F141104U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F141Sch. 4 para. 104 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(3), 3(2), Sch. 2 (with art. 4(11))
Sections 77, 88.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F142Sch. 5 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))
Sections 94, 114
Modifications etc. (not altering text)
C10The 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.
Enactment amended and Subject-matter thereof | Amendment |
---|---|
F146. . . | F146. . . |
Section 10 of the M40Savings 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”. |
F147Section 44 of the M41Friendly 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 M42Sheriff 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”. |
F148Section 47A of the M43Administration 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 M44Government Annuities Act 1929, of an immediate savings bank annuity”. |
[F149Section 27 of the M45Crown Proceedings Act 1947 (attachment of moneys payable by the Crown).] | [F149In 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”. |
F150F151[F149Section 38 of the M46Administration of Justice Act 1956 (attachment of debts).] | [F149In subsection (2), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.] |
F152F151[F149Section 143 of the M47County Courts Act 1959 (attachment of debts).] | [F149In subsection (2), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.] |
Section 17 of the M48Trustee 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”. |
Textual Amendments
F146Sch. 6 Pt. III: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 9 Group 1
F147Entry repealed by Merchant Shipping Act 1970 (c. 36), s. 100(3), Sch. 5
F148Entry repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 41(1), Sch. 6 pt. II
F149Sch. 6 Pt. III: entries repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 7
F150Entry repealed by Statute Law (Repeals) 1973 (c. 39)
F151Entry repealed by Insurance Companies Amendment Act 1973 (c. 58), ss. 54(3), 56, Sch. 2, Sch. 3 para. 40, Sch. 5
F152Entry repealed by Income and Corporation Taxes Act 1970 (c. 10), ss. 538(1), 539(1), Sch. 16
Marginal Citations
Section 25 of the M49Betting 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 M50County 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”.F153F153 |
Textual Amendments
F153Entry repealed by Insurance Companies Amendment Act 1973 (c. 58), ss. 54(3), 56, Sch. 2, Sch. 3 para. 40, Sch. 5
Marginal Citations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Section 137.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Section 138.
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 M51Wireless Telegraphy Act 1949, the M52Television Act 1964 or the M53Wireless Telegraphy Act 1967; and anything which, immediately before that day, is, under or by virtue of any of those Acts, in process of being done by or in relation to him (including, in particular, any legal proceeding to which he is a party) may be continued by or in relation to the Minister.U.K.
(2)Any notice served, approval or authority given or other thing whatsoever done under or by virtue of the Wireless Telegraphy Act 1949, the Television Act 1964 or the Wireless Telegraphy Act 1967 by the Postmaster General shall, if effective at the appointed day, continue in force and have effect as if similarly served, given or done by the Minister.
2(1)Any agreement, and any provision in a document not being an agreement, shall, so far as may be necessary in consequence of the enactment of Part III of this Act, have effect as from the appointed day—U.K.
(a)as if references to the Crown, the Postmaster General, the Post Office or the Minister of Public Building and Works (except in cases where they fall to be adapted by head (b) or (c) below) were (or, if the context so requires, included) references to the authority established by section 6 of this Act;
(b)as if—
(i)references in general terms (however worded) to officers of the Postmaster General, to officers of the Post Office (otherwise than as defined by section 87(1) of the M54Post 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.
[F156(4)With respect to instruments and documents executed or signed before the appointed day—
(a)every instrument or document purporting to be executed or signed by or on behalf of the Postmaster General shall be deemed to be so executed or signed unless the contrary is shown; and
(b)a certificate signed before the appointed day by the Postmaster General that any instrument or document purporting to be executed or signed on his behalf was so executed or signed shall be conclusive evidence of that fact.]
Textual Amendments
Marginal Citations
(1)
3F157F158(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
(3)(4)
F157F159(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)F157
Textual Amendments
F157Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I
F158Sch. 9 para. 3(2) repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (with art. 34)
F159Sch. 9 para. 3(5) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))
4, 5.F160U.K.
Textual Amendments
F160Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I
F1616U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F161Sch. 9 para. 6 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))
F1627U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F162Sch. 9 para. 7 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))
8F163U.K.
Textual Amendments
F163Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I
9(1)This paragraph applies to the following instruments, namely,—U.K.
(a)the agreement dated 2nd April 1962 whereto the parties are the Postmaster General and the Commercial Cable Company, Incorporated (a company incorporated under the law of the State of New York of the United States of America);
(b)the agreement dated 1st April 1963 whereto the parties are the Postmaster General and the Compagnie Francaise des Câbles Télégraphiques S.A. (a company incorporated under the law of France);
(c)the agreement dated 27th December 1965 whereto the parties are the Postmaster General and Western Union International, Incorporated (a company incorporated under the law of the State of Delaware of the United States of America); and
(d)the licence dated 1st March 1966 whereto the parties are Her Majesty, the Crown Estate Commissioners, the Postmaster General and Det Store Nordiske Telegraf-Selskab Aktieselskab (a company incorporated under the law of the Kingdom of Denmark and commonly known in the United Kingdom, and in that licence referred to, as the Great Northern Telegraph Company Limited).
(2)Nothing done, on or after the appointed day, under, and in accordance with the terms of, an instrument to which this paragraph applies, shall constitute an infringement of the privilege conferred by section 24(1) of this Act.
10(1)Any licence operating by way of exception from the exclusive privilege conferred by section 4 of the M55Telegraph Act 1869 on the Postmaster General which is effective at the appointed day (not being a licence under the M56Wireless Telegraphy Act 1949) shall, as from that day, have effect as if it had been granted under section 27(1) of this Act and—U.K.
(a)as if references to the Crown (except in contexts referring to a Minister of the Crown) or to the Postmaster General or the Post Office (except in cases where they fall to be adapted by head (b) below) were references to the authority established by section 6 of this Act; and
(b)as if—
(i)references in general terms (however worded) to officers of the Postmaster General, to officers of the Post Office (otherwise than as defined by section 87(1) of the M57Post 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.
11U.K.A notice or certificate given, request made or requirement imposed under any provision of the enactments relating to telegraphs by, to or on the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given, made or imposed by, to or on the Post Office.
12U.K.An authority granted under section 5(1) of the M58Telegraph Act 1892 which is effective at the appointed day shall, as from that day, have effect as if it had been granted under that section as amended by paragraph 5 of Schedule 4 to this Act.
Marginal Citations
13U.K.Any such council as is mentioned in the M59Telegraph Act 1899 which, at the beginning of the appointed day, is licensed by the Postmaster General to provide a system of public telephonic communication, shall, so long as the licence continues in force, be deemed, for the purposes of that Act, to be licensed by the Post Office so to provide.
Marginal Citations
F16414U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F164Sch. 9 para. 14 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3))
15, 16F165U.K.
Textual Amendments
F165Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I
17(1)No steps shall be taken for the enforcement of a building law with respect to works on land that vests in the Post Office by virtue of section 16 of this Act, being works begun before the appointed day, or with respect to works on land begun by the Post Office before the expiration of six months beginning with that day; nor shall any proceedings for the recovery of a fine or other penalty be brought against the Post Office for having carried out or retained any such works as aforesaid which do not comply with a building law.U.K.
(2)In the foregoing sub-paragraph, “building law” means any obligation or restriction as to the construction, nature or situation of works on land or as to any other circumstances of such works (including the use of the land) having effect by virtue of—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)an enactment contained in Part II or IV of the M60Public Health Act 1936 or Part II of the M61Public Health Act 1961 or byelaws or regulations made under an enactment so contained;
(c)the London Building Acts 1930 to 1939 or byelaws made thereunder;
(d)[F166the M62Thermal Insulation (Industrial Buildings) Act 1957 or regulations made thereunder];
(e)section 72, 73, 74, 75, 81 or 159 of the M63Highways Act 1959;
(f)paragraph 13, 15 or 18 of Part III of Schedule 9 to the M64London 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;
F167(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)section 53 of the Water (Scotland) Act 1946;
(e)the Thermal Insulation (Industrial Buildings) Act 1957 or regulations made thereunder;
(f)the Building (Scotland) Act 1959 or regulations made thereunder;
(g)the Sewerage (Scotland) Act 1968;
(h)any enactment contained in a local Act made for purposes similar to the purposes of any of the aforesaid enactments or any byelaws made under any enactment contained in a local Act so made; or
(i)any enactment or rule of the common law conferring powers on a dean of guild court”
(6)In the application of this paragraph to Northern Ireland, the following shall be substituted for heads (a) to (g) of sub-paragraph (2):—
“(a)section 9 of the Summary Jurisdiction (Ireland) Act 1851;
(b)an enactment contained in the Public Health Acts (Northern Ireland) 1878 to 1967 or byelaws made under an enactment so contained;
(c)an enactment contained in the Housing Acts (Northern Ireland) 1890 to 1967;
(d)the Roads Improvement Act (Northern Ireland) 1928; or
(e)any enactment contained in a local Act made for purposes similar to the purposes of any of the aforesaid enactments or any byelaws or orders made under any enactment contained in a local Act so made”
Textual Amendments
F166Words repealed (E.W.) by S.I. 1985/1936, reg. 3(2), Sch. 4
F167Sch. 9 para. 17(5)(c) repealed (8.11.1995) by 1995 C. 44, s. 1, Sch. 1 Pt. VI
Modifications etc. (not altering text)
C11Sch. 9 para. 17(2)(a) repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt. VI
Marginal Citations
18, 19F168U.K.
Textual Amendments
F168Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I
F16920U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F169Sch. 9 para. 20 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))
21F170U.K.
Textual Amendments
22—26.F171U.K.
Textual Amendments
27(1)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal, planning permission for the development shall be deemed to be granted by that authority on that day subject to the relevant condition as to time.
(2)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (not being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—
(a)except in a case in which those conditions are subsequently either modified as mentioned in the following provisions of this sub-paragraph or withdrawn as so mentioned, be deemed to be granted by that authority on the appointed day subject to those conditions and to the relevant condition as to time;
(b)in a case in which those conditions are subsequently modified by that authority in writing with the written concurrence of the Postmaster General, be deemed to be granted by that authority on the appointed day subject to those conditions as so modified and to the relevant condition as to time;
(c)in a case in which those conditions are withdrawn by that authority in writing addressed to the Postmaster General, be deemed to be granted by that authority on the appointed day subject to the relevant condition as to time.
(3)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—
(a)except in a case in which those conditions are subsequently either modified as mentioned in the following provisions of this sub-paragraph or withdrawn as so mentioned, be deemed to be granted by that authority on the appointed day subject to those conditions;
(b)in the case in which those conditions are subsequently modified by that authority in writing with the written concurrence of the Postmaster General (otherwise than by withdrawing the stipulation as to time), be deemed to be granted by that authority on the appointed day subject to those conditions as so modified;
(c)in a case in which those conditions (except so far as containing the stipulation as to time) are withdrawn by that authority in writing addressed to the Postmaster General, be deemed to be granted by that authority on the appointed day subject to the condition containing that stipulation.
(4)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and—
(a)the relevant period expires with the day immediately preceding the appointed day or with an earlier day; and
(b)that authority does not, before the expiration of that period, notify the Postmaster General in writing as mentioned in sub-paragraph (1), (2) or (3) above or that it objects to the proposal;
planning permission for the development shall be deemed to be granted by the authority on the appointed day subject to the relevant condition as to time.
(5)The foregoing sub-paragraphs shall, with requisite modifications, apply in a case where, before the passing of this Act, the Postmaster General has notified a local planning authority in writing of a proposal to carry out development of land (but that development has not been carried out before the appointed day) as they apply in a case where he does so between the passing of this Act and that day.
(6)Where, by virtue of sub-paragraph (2) or (3) above, planning permission for the carrying out of development of land consisting in the erection, extension or alteration of a building is deemed to be granted by a local planning authority subject to a condition that the Postmaster General should consult that authority with respect to any matters relating to the siting, design or external appearance of the building or means of access thereto, then, so far as regards any of those matters as to which, before the appointed day, the Postmaster General has not been notified by that authority in writing that it is satisfied with the way in which that matter is to be dealt with, it shall be deemed, as from that day, to be a matter in the case of which the approval of that authority to the manner in which it is to be dealt with is required under a development order and the planning permission shall be deemed to be granted subject to a condition that application for approval must be made not later than the expiration of three years beginning with that day.
(7)[F172Part 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.
F173F174(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)Every local planning authority shall, with respect to each case in which planning permission is deemed, by virtue of this paragraph, to be granted by it, include, in that part of the register kept by it under [F175section 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 [F176Secretary 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.
F173F177(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F178(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12)In this paragraph,—
(a)“development”, “development order”, “local planning authority” and “planning permission” have, in the application of this paragraph to England and Wales, the same meanings as they have [F179for the purposes of [F180the Town and Country Planning Act 1990]] and, in the application of this paragraph to Scotland, the same meanings as in [F181the 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)[F182Sections 91 and 92 of the Town and Country Planning Act 1990] and [F183sections 58 and 59 of the Town and Country Planning (Scotland) Act 1997] (which relate to the duration of planning permission) shall not apply to planning permission deemed, by virtue of this paragraph, to be granted.
(15)[F184Subsections (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 [F184sections 91 and 92 of that Act of 1990], of a reference to planning permission deemed, by virtue of this paragraph, to be granted.
F173(16)For the purposes of the general application of this paragraph to Scotland, in sub-paragraphs (1), (2) and (3) the words “and the expiration of the relevant period” and sub-paragraphs (4) and (12)(c) shall be omitted.
(17)This paragraph does not extend to Northern Ireland.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Textual Amendments
F172Words in Sch. 9, para. 27(7) substituted (E.W.)(25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 31(4), Sch. 6, para. 4 (with s. 84(5)); S.I. 1991/2067, art.3
F173Words repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), s. 277(2), Sch. 23
F174Sch. 9 para. 27(8) repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II and para. 27(8) expressed to be repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3)
F175Words substituted (as they apply in England and Wales) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(ii)
F176Words substituted (E.W.) by virtue of S.I. 1970/1681, art. 2, 6(3)
F177Sch. 9 para. 27(10) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2
F178Sch. 9 para. 27(11) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3)
F179Words substituted by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II
F180Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iii)
F181Words in Sch. 9 para. 27(12)(a) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(iii)
F182Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iv)
F183Words in Sch. 9 para. 27(14) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(iv)
F184Words substituted (as they apply in England and Wales) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(v)
27(1)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day F205. . ., 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 F205. . ., 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 F205. . ., 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.
F206(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The foregoing sub-paragraphs shall, with requisite modifications, apply in a case where, before the passing of this Act, the Postmaster General has notified a local planning authority in writing of a proposal to carry out development of land (but that development has not been carried out before the appointed day) as they apply in a case where he does so between the passing of this Act and that day.
(6)Where, by virtue of sub-paragraph (2) or (3) above, planning permission for the carrying out of development of land consisting in the erection, extension or alteration of a building is deemed to be granted by a local planning authority subject to a condition that the Postmaster General should consult that authority with respect to any matters relating to the siting, design or external appearance of the building or means of access thereto, then, so far as regards any of those matters as to which, before the appointed day, the Postmaster General has not been notified by that authority in writing that it is satisfied with the way in which that matter is to be dealt with, it shall be deemed, as from that day, to be a matter in the case of which the approval of that authority to the manner in which it is to be dealt with is required under a development order and the planning permission shall be deemed to be granted subject to a condition that application for approval must be made not later than the expiration of three years beginning with that day.
(7)[F207Part 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.
F208F209(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)Every local planning authority shall, with respect to each case in which planning permission is deemed, by virtue of this paragraph, to be granted by it, include, in that part of the register kept by it under [F210section 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 [F211Secretary 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.
F208F212(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F213(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12)In this paragraph,—
(a)“development”, “development order”, “local planning authority” and “planning permission” have, in the application of this paragraph to England and Wales, the same meanings as they have [F214for the purposes of [F215the Town and Country Planning Act 1990]] and, in the application of this paragraph to Scotland, the same meanings as in [F216the 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);
F206(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13)For the purposes of this paragraph, development shall be taken to be begun on the earliest date on which any specified operation (as defined in section 64(3) of the Land Commission Act 1967) comprised in the development begins to be carried out.
(14)[F217Sections 91 and 92 of the Town and Country Planning Act 1990] and [F218sections 58 and 59 of the Town and Country Planning (Scotland) Act 1997] (which relate to the duration of planning permission) shall not apply to planning permission deemed, by virtue of this paragraph, to be granted.
(15)[F219Subsections (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 [F220sections 58 and 59 of that Act], of a reference to planning permission deemed, by virtue of this paragraph, to be granted.
F208(16)For the purposes of the general application of this paragraph to Scotland, in sub-paragraphs (1), (2) and (3) the words “and the expiration of the relevant period” and sub-paragraphs (4) and (12)(c) shall be omitted.
(17)This paragraph does not extend to Northern Ireland.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Textual Amendments
F205Words in Sch. 9 para. 27(1)(2)(3) omitted for purposes of general application of para. 27 to Scotland pursuant to para. 27(16)
F206Sch. 9 para. 27(4)(12)(c) omitted for purposes of general application of para. 27 to Scotland pursuant to para. 27(16)
F207Words in Sch. 9 para. 27(7) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(i)
F208Words repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), s. 277(2), Sch. 23
F209Sch. 9 para. 27(8) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3)
F210Words in Sch. 9 para. 27(9) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(ii)
F211Words substituted (S.) by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II
F212Sch. 9 para. 27(10) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2
F213Sch. 9 para. 27(11) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3)
F214Words substituted by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II
F215Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iii)
F216Words in Sch. 9 para. 27(12)(a) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(iii)
F217Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iv)
F218Words in Sch. 9 para. 27(14) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(iv)
F219Words in Sch. 9 para. 27(15) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(v)
F220Words in Sch. 9 para. 27(15) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(v)
28(1)Notwithstanding [F185section 245 of the Town and Country Planning (Scotland) Act 1997] or [F186section 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 [F185section 35 of the Act of 1997] and [F186sections 66 and 67 of the said Act of 1990] (certificates required to accompany application) shall not apply to an application that may be granted by virtue of this sub-paragraph or to an appeal from a decision to refuse to grant planning permission in pursuance of such an application or to grant it subject to conditions.U.K.
(2)Any approval required under a development order (within the meaning of [F187the said Act of 1997] or of [F188the said Act of 1990]) in relation to development of such land as is mentioned in the foregoing sub-paragraph, being development proposed to be carried out by the Post Office, may be granted in pursuance of an application therefor made by the Post Office before the appointed day.
Textual Amendments
F185Words in Sch. 9 para. 27 substituted (U.K)(27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(b)(i)
F186Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(b)(i)
F187Words in Sch. 9 para. 28(2) substituted (U.K)(27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(b)(ii)
F188Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(b)(ii)
29U.K.No enforcement notice shall be served by virtue of [F189paragraph 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 [F190paragraph 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 [F190section 172 of the Town and Country Planning Act 1990] or [F191section 127 of the Town and Country Planning (Scotland) Act 1997] in respect of development carried out before the appointed day on land that so vests.
Textual Amendments
F189Words in Sch. 9 para. 29 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(c)
F190Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(c)
F191Words in Sch. 9 para. 29 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(c)
30U.K.Neither an interim development authority, nor, where the [F192Department of Development for Northern Ireland] is exercising any of the functions of such an authority, that [F192Department], shall take any action under section 4 of the M65Planning (Interim Development) Act (Northern Ireland) 1944 (enforcement of interim development control) in respect of any development carried out before the appointed day in or on land that vests in the Post Office by virtue of section 16 of this Act.
Textual Amendments
F192Words substituted by virtue of Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8(1)
Marginal Citations
31, 32F193U.K.
Textual Amendments
F19433U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F194Sch. 9 para. 33 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)
34
Textual Amendments
F19635U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
36—47.F197U.K.
Textual Amendments
48F198U.K.
Textual Amendments
Modifications etc. (not altering text)
C12Sch. 9 para. 48: power to continue conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5 , 7(2), Sch. 3 Pt. II para.15
F19949U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F199Sch. 9 para. 49 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))
50F200U.K.
Textual Amendments
51U.K.An indemnity given under section 13 of the M66National Debt Act 1958 to the Postmaster General shall, if effective at the appointed day, have effect, as from that day, as if given to the Director of Savings.
Marginal Citations
52U.K.Any reference to the Postmaster General in a prospectus issued with respect to securities issued under the M67National Loans Act 1939 or the M68National Loans Act 1968 shall, as from the appointed day, be construed as referring to the Director of Savings.
53U.K.Where the Crown retains possession of any documents of title to any land any part of which is vested by virtue of section 16 of this Act in the Post Office, the Minister shall be assumed to have given to the Post Office an acknowledgment in writing of the right of the Post Office to production of those documents and to delivery of copies thereof, and, so far as relates to land in England or Wales, section 64 of the M69Law 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 M70Conveyancing Act 1881 shall have similar effect.
54U.K.Any legal proceedings or applications pending on the appointed day by or against the Crown, being proceedings or applications instituted or made by or against the Postmaster General or his department (but not being proceedings in the case of which express provision is made by some other provision of this Act with respect to the continuance thereof) may be continued by or against the appropriate government department authorised for the purposes of the M71Crown Proceedings Act 1947.
Marginal Citations
Section 138.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F201Sch. 10 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11))
Section 141.
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