Postal Services Act 2000

Postal Services Act 2000

2000 CHAPTER 26

Commentary on Sections

Schedule 6

Further provisions relating to land

244. Schedule 6 contains further provisions relating to land.

245. Paragraph 1 gives universal service providers the power to execute street works in relation to the placing of letter boxes and pouch-boxes. Sub-paragraph (3) applies Part III of the New Roads and Street Works Act 1991 and the Street Works (Northern Ireland) Order 1995. Pouch-boxes are secure receptacles from which postmen and women collect additional mail sacks without returning to a Delivery or Sorting Office.

246. Paragraph 2(1) permits a person authorised by a universal service provider to enter and survey land to ascertain whether it is suitable for any purpose in connection with the provision of a universal postal service.

247. Paragraph 2(2) allows the authorised person to search and bore to ascertain the nature of the subsoil of the land.

248. Paragraph 2(3) limits the power in paragraph 2(1) to circumstances where the land is not covered by a building (or does not have planning permission to be covered). Paragraph 2(4) extends the meaning of “building” to include a garden etc. belonging to the building.

249. Paragraph 3(1) and (2) contains the conditions with which the universal service provider must conform to obtain entry to any land.

250. Paragraph 3(3) provides that, if the land is owned by a statutory undertaking, the authority of the appropriate Minister (as defined in paragraph 3(4) to 3(6)) will need to be obtained if the survey of the land would be detrimental to the undertakings’ activities.

251. Paragraph 4 makes it an offence to obstruct an authorised person carrying out their work.

252. Paragraph 5(1) provides that the owner of the land may seek compensation from the universal service provider if the authorised person causes damage to the land.

253. Paragraph 5(2) to (4) sets out the procedures for the determination of compensation in England and Wales, Scotland and Northern Ireland.

254. Paragraph 6 applies, for England and Wales, the relevant provisions of Part I of the Compulsory Purchase Act to the acquisition of land by a universal service provider by agreement.

255. Paragraph 7 applies, for Scotland, the relevant provisions of the Town and Country Planning (Scotland) Act 1997 (incorporation of Land Clauses Acts) to the acquisition of land by a universal service provider by agreement.

256. Paragraph 8 applies, for Northern Ireland, the relevant provisions of the Land Clauses Acts to the acquisition of land by a universal service provider by agreement.

257. Paragraph 9 permits the Duchy of Lancaster to sell land owned by the Crown to a universal service provider for use in the provision of a universal postal service.

258. Paragraph 10 has the effect that land acquired by a universal service provider by agreement under paragraphs 6-9 shall be deemed for all purposes to have been acquired for the purposes of the provider’s undertaking as a universal service provider.