Post Office Act 1969

11 General ministerial control and supervision of the Post Office. U.K.

[F1 (1) The Post Office shall give effect to any direction given to it by the Secretary of State under the provisions of this Part of this Act or Part II of the M1 British Telecommunications Act 1981 and shall secure, so far as appropriate, that each of its wholly owned subsidiaries also gives effect to any such direction.

(1A) The Secretary of State may, after consultation with the Post Office, give to it such directions of a general character as to the exercise by it of its powers as appear to the Secretary of State to be requisite in the national interest.]

(2) If it appears to the Minister that there is a defect in the general plans or arrangements of the Post Office for exercising any of its powers, he may, after consultation with it, give it directions of a general character for remedying the defect.

(3) Without prejudice to the foregoing provisions of this section, if it appears to the Minister to be requisite or expedient so to do—

(a) in the interests of national security or relations with the government of a country or territory outside the British Islands; or

(b) in order—

(i) to discharge, or facilitate the discharge of, an obligation binding on Her Majesty’s Government in the United Kingdom by virtue of its being a member of an international organisation or a party to an international agreement;

(ii) to attain, or facilitate the attainment of, any other object the attainment of which is, in the Minister’s opinion, requisite or expedient in view of Her Majesty’s Government in the United Kingdom being a member of such an organisation or a party to such an agreement; or

(iii) to enable Her Majesty’s Government in the United Kingdom to become a member of such an organisation or a party to such an agreement;

he may, after consultation with the Post Office, give to it directions requiring it (according to the circumstances of the case) to secure that a particular thing that it or a subsidiary of its is doing is no longer done or that a particular thing that it has power to do, but is not being done either by it or by a subsidiary of its, is so done.

(4) If it appears to the Minister that the Post Office [F2 or any wholly owned subsidiary of its] is showing undue preference to, or is exercising undue discrimination against, any person or persons of any class or description in the charges or other terms and conditions applicable to services provided by it, being services which, by virtue of [F3 the provisions of Part II of the said Act of 1981] , it has the exclusive privilege of providing, he may, after consultation with the Post Office, give it such directions as appear to him requisite to secure that [F4 the Post Office or subsidiary ceases so to do].

[F5 (5) The Secretary of State may, after consultation with the Post Office, direct the Post Office—

(a) to make a scheme under subsection (1) of section 60 of the said Act of 1981, or to exercise its powers under subsection (4) of that section, for such purposes and in such manner as may be specified in the direction; or

(b) to dispose of any part of its undertaking or any assets held by it or to exercise its control over any wholly owned subsidiary of its so as to cause the subsidiary to dispose of any part of its undertaking or any assets held by it;

but the Secretary of State shall not give any direction under paragraph (b) above unless he is satisfied that he will not thereby impede or prevent the proper discharge of the Post Office’s duty under section 59(1) of the said Act of 1981.

(5A) The Secretary of State shall lay before each House of Parliament a copy of every direction given under subsection (5) above unless he is of opinion that disclosure of the direction is against—

(a) the interests of national security; or

(b) the commercial interests of any person.]

(6) The Post Office shall not disclose any [F6 direction] given to it under any of the foregoing provisions of this section if the Minister notifies it that he is of opinion that [F7 disclosure of the direction is against—

(i) the interests of national security; or

(ii) the commercial interests of a person other than the Post Office and its wholly owned subsidiaries]

(7)

F8 (8) The Post Office, in carrying out any such work of development as involves substantial outlay on capital account and, if it has subsidiaries, in securing the carrying out by them of any such work, shall act in accordance with a general programme settled from time to time with the approval of the Minister.

[F9 (9) The Post Office, in such manner and at such times as the Secretary of State may specify in writing to it, shall furnish him with such information—

(a) as he may so specify, and

(b) as the Post Office has or can reasonably be expected to obtain,

with respect to such matters relating to the Post Office or its subsidiaries or the activities (past, present or future), plans or properties of any of them as the Secretary of State may so specify.]

(10) Without prejudice to the provisions of the last foregoing subsection, the Post Office shall, as soon as possible after the end of each accounting year, make to the Minister a report on the exercise and [F10 performance by it and its subsidiaries of its and their functions] during that year (which shall include such particulars as the Minister may, after consultation with the Post Office and with the approval of the Treasury, direct with respect to its activities and those of its subsidiaries so far as consisting in the construction, manufacture or production of articles in that year), and the Minister shall lay a copy of every such report before each House of Parliament.

(11) The report made under the last foregoing subsection for any year shall set out any directions given under this [F11 Part of this Act or Part II of the said Act of 1981] by the Minister to the Post Office during that year, except such (if any) as were the subject of notifications under [F12 subsection (6)(a) above].

Textual Amendments

F1 S. 11(1)(1A) substituted for s. 11(1) by British Telecommunications Act 1981 (c. 38), s. 62(1)

F2 Words inserted by British Telecommunications Act 1981 (c. 38), s. 62(2)(a)

F3 Words substituted by British Telecommunications Act 1981 (c. 38), s. 62(2)(b)

F4 Words substituted by British Telecommunications Act 1981 (c. 38), s. 62(2)(c)

F5 S. 11(5)(5A) substituted for s. 11(5) by British Telecommunications Act 1981 (c. 38), s. 62(3)

F6 Word substituted by British Telecommunications Act 1981 (c. 38), s. 62(4)(a)

F7 Words substituted by British Telecommunications Act 1981 (c. 38), s. 62(4)(b)

F8 Ss. 9, 11(7) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II

F9 S. 11(9) substituted by British Telecommunications Act 1981 (c. 38), s. 62(6)

F10 Words substituted by British Telecommunications Act 1981 (c. 38), s. 62(7)

F11 Words substituted by British Telecommunications Act 1981 (c. 38), s. 62(8)(a)

F12 Words substituted by British Telecommunications Act 1981 (c. 38), s. 62(8)(b)

Modifications etc. (not altering text)

C1 S. 11(11) applied (22.3.2001) by S.I. 2001/1148, art. 8(1) (with art. 34)

Marginal Citations

M1 1981 c. 38