British Telecommunications Act 1981

62 General control and supervision by the Secretary of State. U.K.

(1) For subsection (1) of section 11 of the 1969 Act (which provides for general control and supervision of the Post Office by the Secretary of State) there shall be substituted the following subsections—

“(2) 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 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 ots powers as appear to the Secretary of State to be requisite to the national interest.”.

(2) In subsection (4) of that section—

(a) after the words “Post Office” where first occurring there shall be inserted the words “ or any wholly owner subsidiary of its ” ;

(b) for the words “the following provisions of this Part of this Act” there shall be substituted the words “ the provisions of Part II of the said Act of 1981 ” ; and

(c) for the words “it ceases so to so” there shall be substituted the words “ the Post Office or subsidiary ceases so to do ”.

(3) For subsection (5) of that section there shall be substituted the following subsection—

“(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 undertakings 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.”

(4) In subsection (6) of that section—

(a) for the word “directions” there shall be substituted the word “ direction ” ; and

(b) for the words “it is against the interests of national security to do so” there shall be substituted the words “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”.

(5) Subsection (7) of that section shall be omitted.

(6) For subsection (9) of that section there shall be substituted the following subsection—

“(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.”

(7) In subsection (10) of that section, for the words “performance by it of its functions” there shall be substituted the words “ performance by it and its subsidiaries if its and their functions ”.

(8) In subsection (11) of that section—

(a) for the word “section” there shall be substituted the words “ Part of this Act or Part II of the said Act of 1981 ” ; and

(b) for the words “subsection (6) above” there shall be substituted the words “ subsection (6)(a) above ”.

(9) This section shall come into operation on the appointed day.

Modifications etc. (not altering text)

C1 The text of s. 62 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.