89 Schemes as to terms and conditions for provision of [F1postal services].U.K.
[F2(1)A postal operator may make a scheme under this section in relation to any or all of the postal services provided by the operator.]
(2)A scheme under this section is a scheme for determining any or all of the following (so far as not otherwise agreed)—
(a)the charges which are to be imposed in respect of the services concerned, [F3 and]
(b)the other terms and conditions which are to be applicable to the services concerned, F4...
F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)A scheme under this section may, in particular—
(a)adopt such system for the determination of the charges and other terms and conditions as [F5the postal operator] considers appropriate (including determining them himself subject to any conditions and limitations provided for in the scheme),
(b)specify the manner in which, time and place at which and person by whom the charges are to be paid.
(4)Subject to section 92(5) and (6), no provision may be made in any scheme under this section—
(a)for limiting the liability of [F6the postal operator] for loss or damage, or
(b)for amending the rules of law relating to evidence.
(5)A scheme under this section shall come into force on such day as is specified in the scheme; but no day earlier than the day after that on which the scheme has been published in the London, Edinburgh and Belfast Gazettes shall be so specified.
(6)A scheme under this section may—
(a)make different provision for different cases or classes of case determined by, or in accordance with, the provisions of the scheme,
(b)modify any previous scheme made under this section.
(7)Any charge payable by virtue of this section may be recovered by [F7the postal operator] and in England and Wales and Northern Ireland may be so recovered as a civil debt due to him.
(8)The production of a copy of any of the Gazettes mentioned in subsection (5) which purports to contain a scheme under this section shall be conclusive evidence in all legal proceedings of that scheme.
Textual Amendments
F1Words in s. 89 heading substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 23(2); S.I. 2011/2329, art. 3
F2S. 89(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 23(3); S.I. 2011/2329, art. 3
F3Word in s. 89(2)(a) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 23(4)(a); S.I. 2011/2329, art. 3
F4S. 89(2)(c) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 23(4)(b); S.I. 2011/2329, art. 3
F5Words in s. 89(3)(a) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 23(5); S.I. 2011/2329, art. 3
F6Words in s. 89(4)(a) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 23(5); S.I. 2011/2329, art. 3
F7Words in s. 89(7) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 23(5); S.I. 2011/2329, art. 3
Commencement Information
I1S. 89 wholly in force at 26.3.2001; s. 89 not in force at Royal Assent see s. 130; s. 89(1)-(6)(8) in force at 26.2.2001 by S.I. 2001/534, art. 2, Sch.; s. 89(7) in force at 26.3.2001 by 2001/1148, art. 2, Sch. (subject to arts. 3-42)