(1)In this Act, unless the context otherwise requires—
“body” includes an unincorporated association,
“contravention”, in relation to any requirement, condition, direction, order or regulations, includes any failure to comply with it and cognate expressions shall be construed accordingly,
“correspondent”, in relation to a postal packet, means the sender or the person to whom it is addressed,
[F1“ the Council ” means the National Consumer Council, ]
“employee”, in relation to a body corporate, includes any officer or director of the body corporate and any other person taking part in its management, and “employer” and other related expressions shall be construed accordingly,
“enactment” includes an Act of the Scottish Parliament, Northern Ireland legislation (within the meaning of the M1Northern Ireland Act 1998) and an enactment comprised in subordinate legislation, and includes an enactment whenever passed or made,
“financial year” means a year ending with 31st March,
“foreign postal administration” means a postal administration outside the United Kingdom,
“hovercraft” has the same meaning as in the M2Hovercraft Act 1968,
“letter” means any communication in written form on any kind of physical medium to be conveyed and delivered otherwise than electronically to the person or address indicated by the sender on the item itself or on its wrapping (excluding any book, catalogue, newspaper or periodical); and includes a postal packet containing any such communication,
“mail-bag” includes any form of container or covering in which postal packets in the course of transmission by post are enclosed by a postal operator in the United Kingdom or a foreign postal administration for the purpose of conveyance by post, whether or not it contains any such packets,
“modify” includes amend or repeal,
“Northern Ireland junior Minister” means a member of the Northern Ireland Assembly appointed as a junior Minister under section 19 of the M3Northern Ireland Act 1998,
“Northern Ireland Minister” includes the First Minister and the deputy First Minister in Northern Ireland,
“notice” means notice in writing,
“post office” includes any house, building, room, vehicle or place used for the provision of any postal services,
“post office letter box” includes any pillar box, wall box, or other box or receptacle provided by a postal operator for the purpose of receiving postal packets, or any class of postal packets, for onwards transmission by post,
“postal operator” means a person who provides the service of conveying postal packets from one place to another by post or any of the incidental services of receiving, collecting, sorting and delivering such packets,
“postal packet” means a letter, parcel, packet or other article transmissible by post,
“postal services” means the service of conveying postal packets from one place to another by post, the incidental services of receiving, collecting, sorting and delivering such packets and any other service which relates to any of those services and is provided in conjunction with any of them,
“the Postal Services Directive” means the Directive of the European Parliament and the Council of the European Union of 15th December 1997 (No. 97/67/EC) on common rules for the development of the internal market of Community postal services and the implementation of quality of service, [F2as amended by the Directive of the European Parliament and the Council of the European Union of 10th June 2002 (No. 2002/39/ EC ) with regard to the further opening to competition of Community postal services]
“public holiday” means Christmas Day, Good Friday or a day which is a bank holiday under the M4Banking and Financial Dealings Act 1971 in any part of the United Kingdom,
“registered post service” means a postal service which provides for the registration of postal packets in connection with their transmission by post and for the payment of compensation for any loss or damage,
“sender”, in relation to any letter or other communication, means the person whose communication it is,
“ship” includes any boat, vessel or hovercraft,
“subordinate legislation” has the same meaning as in the M5Interpretation Act 1978 and also includes an instrument made under an Act of the Scottish Parliament and an instrument made under Northern Ireland legislation (within the meaning of section 98(1) of the M6Northern Ireland Act 1998),
“users”, in relation to postal services, includes users as addressees and potential users,
“vehicle” includes a railway vehicle, and
“working day” means—
in relation to the collection and delivery of letters, any day which is not a Sunday or a public holiday,
in relation to the collection and delivery of postal packets other than letters, any day which is not a Saturday, a Sunday or a public holiday.
(2)For the purposes of the definition of “letter” in subsection (1) the reference to a communication to be conveyed and delivered otherwise than electronically shall be construed as a reference to a communication to be conveyed and delivered otherwise than—
(a)by means of [F3an electronic communications network], or
(b)by other means but while in electronic form.
(3)For the purposes of this Act—
(a)a postal packet shall be taken to be in course of transmission by post from the time of its being delivered to any post office or post office letter box to the time of its being delivered to the addressee,
(b)the delivery of a postal packet of any description to a letter carrier or other person authorised to receive postal packets of that description for the post or to a person engaged in the business of a postal operator to be dealt with in the course of that business shall be a delivery to a post office, and
(c)the delivery of a postal packet—
(i)at the premises to which it is addressed or redirected, unless they are a post office from which it is to be collected,
(ii)to any box or receptacle to which the occupier of those premises has agreed that postal packets addressed to persons at those premises may be delivered, or
(iii)to the addressee’s agent or to any other person considered to be authorised to receive the packet,
shall be a delivery to the addressee.
(4)Any reference in this Act to a subsidiary or wholly owned subsidiary shall be construed in accordance with [F4section 1159 of the Companies Act 2006].
Textual Amendments
F1Words in s. 125(1) inserted (21.12.2007 for specified purposes, 1.10.2008 in so far as not already in force) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 30(4)(c), 66(2) (with s. 6(9), Sch. 3); S.I. 2007/3546, art. 3, Sch.; S.I. 2008/2550, art. 2, Sch.
F2Words in s. 125 added (1.1.2003) by S.I. 2002/3050, reg. 7
F3Words in s. 125(2)(a) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 162(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F4Words in s. 125(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 183(5) (with art. 10)
Marginal Citations