SCHEDULES

SCHEDULE 12Minor and consequential amendments

Part 3Other enactments

Commissioners Clauses Act 1847

71

In section 99 of the Commissioners Clauses Act 1847 (services of notices upon commissioners)—

(a)

omit “(within the meanings given by the Postal Services Act 2000)”, and

(b)

at the end insert—

“In this section “post office” has the meaning given by section 125(1) of the Postal Services Act 2000 and “postal operator” has the meaning given by section 27 of the Postal Services Act 2011.”

Improvement of Land Act 1864

72

In section 7 of the Improvement of Land Act 1864 (services of notices on other persons), for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

Bills of Exchange Act 1882

73

In section 2 of the Bills of Exchange Act 1882 (interpretation of terms), in the definition of “postal operator”, for “section 125(1) of the Postal Services Act 2000” substitute “section 27 of the Postal Services Act 2011”.

Congested Districts (Scotland) Act 1897

74

In section 4(1)(f) of the Congested Districts (Scotland) Act 1897 (application of money at disposal of Commissioners), for the words from “within the power” to “to grant under guarantee” substitute “within the power of a Post Office company (within the meaning of Part 1 of the Postal Services Act 2011) to grant under guarantee”.

Law of Property Act 1925

75

In section 196(4) of the Law of Property Act 1925 (regulations respecting notices), for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

Execution of Diligence (Scotland) Act 1926

76

In section 2(2)(e) of the Execution of Diligence (Scotland) Act 1926 (execution of arrestment or charge by registered letter in certain cases)—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “the Postal Services Act 2000”.

Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

77

In section 7(1) of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (interpretation), in the definition of “statutory undertakers”—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

London County Council (General Powers) Act 1957

78

In section 89 of the London County Council (General Powers) Act 1957 (Crown rights)—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”,

(b)

for “that Act” substitute “that Part”, and

(c)

at the end insert—

“This section applies to a universal service provider only if the provider is a company and at least half of its issued share capital is owned by the Crown (within the meaning of Part 1 of the Postal Services Act 2011).”

Opencast Coal Act 1958

79

The Opencast Coal Act 1958 is amended as follows.

80

In section 51(1) (interpretation), in the definitions of “statutory undertakers” and “statutory undertaking”, for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

81

In section 52(2) (application to Scotland), in the definitions of “statutory undertakers” and “statutory undertaking”, for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

Public Records Act 1958

82

(1)

Schedule 1 to the Public Records Act 1958 (definition of public records) is amended as follows.

(2)

Omit—

(a)

the entry relating to the Post Office, and

(b)

the entry relating to the Post Office company.

(3)

At the appropriate places insert the following entries—
  • “The company that was nominated under section 62 of the Postal Services Act 2000 (reorganisation of the Post Office: transfer of property etc to nominated company).”

  • “A Post Office company within the meaning of Part 1 of the Postal Services Act 2011.”

  • “A Royal Mail company within the meaning of Part 1 of the Postal Services Act 2011.”

83

(1)

A relevant company must consult the Keeper of Public Records before it alters in any significant respect any arrangements it has made for the preservation of any of its public records.

(2)

“Relevant company” means a company an entry for which is inserted (or re-inserted) into Schedule 1 to the Public Records Act 1958 as a result of provision made by or under paragraph 82(3) or 84(1).

(3)

“Public records” means records that are public records for the purposes of that Act.

84

(1)

The Lord Chancellor may by order amend Schedule 1 to the Public Records Act 1958 so as—

(a)

to omit any of the entries inserted into that Schedule by paragraph 82(3) above, or

(b)

to re-insert any such entry into that Schedule (if it has been omitted as a result of a previous exercise of the power conferred by this sub-paragraph).

(2)

The provision that, as a result of section 89(2)(a), may be made by an order under sub-paragraph (1) that omits an entry for a company includes, in particular, provision for—

(a)

the Public Records Act 1958, and

(b)

paragraph 83 above,

to continue to apply to the company in respect of such of its records as were public records for the purposes of that Act immediately before the order comes into force.

(3)

An order under sub-paragraph (1) may be made only if the Secretary of State has consented to the making of the order.

(4)

An order under sub-paragraph (1) is subject to negative resolution procedure.

City of London (Various Powers) Act 1967

85

In section 4 of the City of London (Various Powers) Act 1967 (interpretation of Part 2), in the definition of “statutory undertakers”, for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

Forestry Act 1967

86

In section 40(2)(e) of the Forestry Act 1967 (descriptions of land not subject to compulsory purchase)—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Parliamentary Commissioner Act 1967

87

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), omit the entry relating to the Postal Services Commission.

National Loans Act 1968

88

In section 12(5)(a) of the National Loans Act 1968 (Treasury’s borrowing powers)—

(a)

for the words from “the Post Office company”, in the first place, to “the Post Office company”, in the second place, substitute “a Post Office company (within the meaning of Part 1 of the Postal Services Act 2011)”, and

(b)

for “the Post Office company or any such subsidiary” substitute “such a company”.

Greater London Council (General Powers) Act 1969

89

In section 9 of the Greater London Council (General Powers) Act 1969 (interpretation of Part 3), in the definition of “statutory undertakers”, for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

Post Office Act 1969

90

The Post Office Act 1969 is amended as follows.

91

(1)

Section 139 (application to Northern Ireland) is amended as follows.

(2)

In subsection (3)—

(a)

omit, in each place, “(within the meaning of the Postal Services Act 2000)”, and

(b)

omit, in each place, “(within the meaning of that Act)”.

(3)

After that subsection insert—

“(3A)

In subsection (3) “universal service provider” and “universal postal service” have the same meaning as in Part 3 of the Postal Services Act 2011.”

92

(1)

Paragraph 93 of Schedule 4 (adaptation of enactments etc) is amended as follows.

(2)

Omit, in each place, “(within the meaning of the Postal Services Act 2000)”.

(3)

In sub-paragraph (1), omit “(within the meaning of the Act)”.

(4)

After sub-paragraph (4) insert—

“(4A)

In this paragraph “universal service provider” and “universal postal service” have the same meaning as in Part 3 of the Postal Services Act 2011.”

Greater London Council (General Powers) Act 1970

93

The Greater London Council (General Powers) Act 1970 is amended as follows.

94

In section 11(6) (miscellaneous amendments), for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

95

In section 15(6)(b) (licence to erect scaffolding), in the definition of “statutory undertakers”, for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

Pensions (Increase) Act 1971

96

(1)

Schedule 3 to the Pensions (Increase) Act 1971 (further administrative, incidental and consequential provisions) is amended as follows.

(2)

In paragraph 3, for “the Post Office company”, in each place, substitute “the original holding company”.

(3)

For paragraph 3A substitute—

“3A

In paragraph 3 “the original holding company” has the meaning given by section 15 of the Postal Services Act 2011.”

Control of Pollution Act 1974

97

In section 73(1) of the Control of Pollution Act 1974 (interpretation), in the definition of “statutory undertakers”—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Solicitors Act 1974

98

In paragraph 10(8) of Schedule 1 to the Solicitors Act 1974 (mail and other forms of communication), for “section 125(1) of the Postal Services Act 2000” substitute “section 27 of the Postal Services Act 2011”.

House of Commons Disqualification Act 1975

99

(1)

Schedule 1 to the House of Commons Disqualification Act 1975 is amended as follows.

(2)

In Part 2 (bodies of which all members are disqualified), omit the entry relating to the Postal Services Commission.

(3)

In Part 3 (other disqualifying offices), for the entry relating to a director of the Post Office company substitute—
  • “Director of any of the following, being a director appointed or nominated by a Minister of the Crown or by a person acting on behalf of the Crown—

    1. (a)

      a Post Office company,

    2. (b)

      a Royal Mail company,

    3. (c)

      the original holding company, and

    4. (d)

      a parent company of a company within any of paragraphs (a) to (c).

    Expressions used in paragraphs (a) to (d) have the same meaning as in Part 1 of the Postal Services Act 2011.”

Northern Ireland Assembly Disqualification Act 1975

100

In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices), after the entry relating to a director of the National Building Agency insert—
  • “Director of any of the following, being a director appointed or nominated by a Minister of the Crown or by a person acting on behalf of the Crown—

    1. (a)

      a Post Office company,

    2. (b)

      a Royal Mail company,

    3. (c)

      the original holding company, and

    4. (d)

      a parent company of a company within any of paragraphs (a) to (c).

    Expressions used in paragraphs (a) to (d) have the same meaning as in Part 1 of the Postal Services Act 2011.”

Welsh Development Agency Act 1975

101

In section 27(1) of the Welsh Development Agency Act 1975 (interpretation), in the definition of “universal service provider”—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Local Government (Miscellaneous Provisions) Act 1976

102

In section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation etc of Part 1), in the definition of “universal service provider”—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Ancient Monuments and Archaeological Areas Act 1979

103

In section 61(1) of the Ancient Monuments and Archaeological Areas Act 1979 (interpretation), in the definition of “universal postal service provider”—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Highways Act 1980

104

In section 329(1) of the Highways Act 1980 (further provision as to interpretation), in the definition of “universal service provider”—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Local Government, Planning and Land Act 1980

105

The Local Government, Planning and Land Act 1980 is amended as follows.

106

In section 120(3) (compulsory acquisition: exclusion of special parliamentary procedure), in paragraph (b) of the definition of “statutory undertakers”—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

107

In section 141(6A) (vesting by order in corporation), for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

108

In section 170(2B) (interpretation: statutory undertakers etc)—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

109

In paragraph 11(7) of Schedule 28 (urban development corporations: land)—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Acquisition of Land Act 1981

110

In section 7(1) of the Acquisition of Land Act 1981 (interpretation), in the definition of “universal service provider”—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Forgery and Counterfeiting Act 1981

111

In section 8(3A) of the Forgery and Counterfeiting Act 1981 (meaning of “instrument”), for “the same meaning as in the Postal Services Act 2000” substitute “the meaning given by section 27 of the Postal Services Act 2011”.

Greater London Council (General Powers) Act 1981

112

In section 18 of the Greater London Council (General Powers) Act 1981 (stopping up of streets), in subsections (3), (8) and (9)(a)—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

New Towns Act 1981

113

In section 80(1) of the New Towns Act 1981 (general interpretation provisions), in the definition of “universal postal service provider”—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Civil Aviation Act 1982

114

In section 105(1) of the Civil Aviation Act 1982 (general interpretation), in the definition of “universal service provider”—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Mental Health Act 1983

115

In section 134(9) of the Mental Health Act 1983 (correspondence of patients), for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011 (see section 27)”.

Representation of the People Act 1983

116

The Representation of the People Act 1983 is amended as follows.

117

In section 91(candidate’s right to send election address post free)—

(a)

in subsections (1) to (3), in each place, for “universal service provider” substitute “universal postal service provider”, and

(b)

omit subsection (5).

118

In section 184(2) (service of notices), for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”

119

In section 200A (remuneration for free postal services provided under Act)—

(a)

in subsections (1) to (3), for “universal service provider” substitute “universal postal service provider”, and

(b)

for subsection (4) substitute—

“(4)

In this section “postal services” has the meaning given by section 27 of the Postal Services Act 2011.”

120

In section 202(1) (interpretation), in the definition of “universal postal service provider”, for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

121

In paragraph 51(3) of Schedule 1 (return to the writ), for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

Building Act 1984

122

In section 126 of the Building Act 1984 (general interpretation), in the definition of “statutory undertakers”, for the words from “(within the meaning of the Postal Services Act 2000)” to the end substitute “(within the meaning of Part 3 of the Postal Services Act 2011) or a relevant company (within the meaning of Part 4 of the Postal Services Act 2000)”.

Administration of Justice Act 1985

123

In paragraph 10(8) of Schedule 5 to the Administration of Justice Act 1985 (redirection of communications), for “section 125(1) of the Postal Services Act 2000” substitute “section 27 of the Postal Services Act 2011”.

Insolvency Act 1986

124

The Insolvency Act 1986 is amended as follows.

125

In section 371(1) (re-direction of bankrupt’s letters etc), for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

126

In paragraph 10(1) of Schedule 2A (exceptions to prohibition on appointment of administrative receiver: supplementary provisions)—

(a)

in paragraph (g), for “given by section 4(3) and (4) of the Postal Services Act 2000 (c. 26)” substitute “of Part 3 of the Postal Services Act 2011”,

(b)

for paragraph (h) substitute—

“(h)

by a Post Office company within the meaning of Part 1 of that Act,”, and

(c)

omit paragraph (i).

Housing (Scotland) Act 1987

127

In section 338(1) of the Housing (Scotland) Act 1987 (interpretation), in the definition of “public undertakers”—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Housing Act 1988

128

The Housing Act 1988 is amended as follows.

129

In section 76(6A) (vesting by order in housing action trust), for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

130

In paragraph 9(7) of Schedule 10 (housing action trusts: land)—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Local Government Finance Act 1988

131

In section 43(6D) of the Local Government Finance Act 1988 (occupied hereditaments: liability)—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Planning (Hazardous Substances) Act 1990

132

In section 39(6) of the Planning (Hazardous Substances) Act 1990 (interpretation)—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Planning (Listed Buildings and Conservation Areas) Act 1990

133

In section 91(3B) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (interpretation)—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Town and Country Planning Act 1990

134

In section 336(1) of the Town and Country Planning Act 1990 (interpretation), in the definition of “universal postal service provider”—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Coal Mining Subsidence Act 1991

135

In section 52(1) of the Coal Mining Subsidence Act 1991 (interpretation), in the definition of “universal service provider”—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Land Drainage Act 1991

136

In paragraph 1(1A) of Schedule 6 to the Land Drainage Act 1991 (protection for particular undertakings)—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Water Industry Act 1991

137

In paragraph 1(5A) of Schedule 13 to the Water Industry Act 1991 (protective provisions in respect of certain undertakings)—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Water Resources Act 1991

138

In paragraph 1(4A) of Schedule 22 to the Water Resources Act 1991 (protection for particular undertakings)—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Social Security Administration Act 1992

139

The Social Security Administration Act 1992 is amended as follows.

140

In section 182A(1) and (5)(b) (return of social security post), for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

141

In section 182B(8) (requirement to supply information about redirection of post)—

(a)

in the definition of “postal operator”, for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

in the definition of “postal packet”, for the words from “meaning” to the end substitute “meaning as in that Part”.

Social Security Administration (Northern Ireland) Act 1992

142

The Social Security Administration (Northern Ireland) Act 1992 is amended as follows.

143

In section 158A(1) and (5)(b) (return of social security post), for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

144

In section 158B(8) (requirement to supply information about redirection of post)—

(a)

in the definition of “postal operator”, for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

in the definition of “postal packet”, for the words from “meaning” to the end substitute “meaning as in that Part”.

Taxation of Chargeable Gains Act 1992

145

In section 288(3A) of the Taxation of Chargeable Gains Act 1992 (meaning of “the no gain/no loss provisions”), at the end insert—

“(l)

paragraph 1(2) or 4 of Schedule 2 to the Postal Services Act 2011.”

Criminal Procedure (Scotland) Act 1995

146

In section 307(1) of the Criminal Procedure (Scotland) Act 1995 (interpretation of terms), in the definition of “postal operator”, for “section 125(1) of the Postal Services Act 2000” substitute “section 27 of the Postal Services Act 2011”.

Merchant Shipping Act 1995

147

In section 30(10) of the Merchant Shipping Act 1995 (payment of seamen’s wages), for “the Post Office company (within the meaning of Part IV of the Postal Services Act 2000), for that amount was despatched by the recorded delivery service” substitute “a Post Office company (as defined by section 6 of the Postal Services Act 2011), for that amount was despatched by a recorded delivery service”.

Local Government and Rating Act 1997

148

In paragraph 3(4)(a) of Schedule 2 to the Local Government and Rating Act 1997 (relief from non-domestic rates for general stores etc in rural settlements: Scotland)—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Planning (Hazardous Substances) (Scotland) Act 1997

149

In section 38(5) of the Planning (Hazardous Substances) (Scotland) Act 1997 (interpretation)—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

150

In section 81(3B) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (interpretation)—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Town and Country Planning (Scotland) Act 1997

151

In section 277(1) of the Town and Country Planning (Scotland) Act 1997 (interpretation), in the definition of “universal postal service provider”—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Competition Act 1998

152

In paragraph 19A(9) of Schedule 7 to the Competition Act 1998 (performance of the Commission’s general functions), in the definition of “special reference group”, omit paragraph (l).

Northern Ireland Act 1998

153

In section 76(7)(g) of the Northern Ireland Act 1998 (discrimination by public authorities)—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Regional Development Agencies Act 1998

154

In section 19(8A) of the Regional Development Agencies Act 1998 (vesting of land by order), for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

Greater London Authority Act 1999

155

In section 17A(3) of the Greater London Authority Act 1999 (free delivery of election addresses), for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

Countryside and Rights of Way Act 2000

156

In paragraph 14(1) of Schedule 1 to the Countryside and Rights of Way Act 2000 (excepted land for purposes of Part 1: interpretation), in paragraph (e) of the definition of “statutory undertaker” and paragraph (a) of the definition of “statutory undertaking”—

(a)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “that Act” substitute “that Part”.

Freedom of Information Act 2000

157

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: other public bodies and offices), omit the entry relating to the Post Office.

Political Parties, Elections and Referendums Act 2000

158

In paragraph 1(4) of Schedule 12 to the Political Parties, Elections and Referendums Act 2000 (assistance available to designated organisations: right to send referendum address post free), for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

Regulation of Investigatory Powers Act 2000

159

The Regulation of Investigatory Powers Act 2000 is amended as follows.

160

In section 82(3) (powers of postal operators not affected by Act), for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

161

In Part 2 of Schedule 1 (relevant authorities for purposes of section 28 only)—

(a)

omit paragraph 28D (together with the heading before it), and

(b)

in paragraph 28E—

(i)

for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”, and

(ii)

for “that Act” substitute “that Part”.

Anti-terrorism, Crime and Security Act 2001

162

In Schedule 4 to the Anti-terrorism, Crime and Security Act 2001 (enactments to which section 17 of Act applies)—

(a)

omit paragraph 51, and

(b)

at the end insert—

“53D

Section 56(2) of the Postal Services Act 2011.”

Enterprise Act 2002

163

The Enterprise Act 2002 is amended as follows.

164

(1)

Section 168 (regulated markets) is amended as follows.

(2)

In subsection (3)—

(a)

omit paragraph (l) (together with the “or” at the end of it), and

(b)

at the end insert—

“(o)

modifying regulatory conditions imposed under Part 3 of the Postal Services Act 2011;”.

(3)

In subsection (4)—

(a)

omit paragraph (n) (together with the “and” at the end of it), and

(b)

at the end insert—

“(q)

in relation to regulatory conditions imposed under Part 3 of the Postal Services Act 2011, the duty of the Office of Communications under section 29 of that Act;”.

(4)

In subsection (5), omit paragraph (h).

165

In Schedule 9, omit paragraph 14 (which made an amendment superseded by this Act).

166

In Schedule 15 to the Enterprise Act 2002 (information: enactments conferring functions), at the end insert—
  • “Postal Services Act 2011.”

167

In Schedule 25, omit paragraph 42 (which made an amendment superseded by this Act).

Office of Communications Act 2002

168

In paragraph 12(2) of the Schedule to the Office of Communications Act 2002 (OFCOM’s annual report), omit the “and” at the end of paragraph (a) and after that paragraph insert—

“(aa)

a report about OFCOM’s performance, during that year, of their duty under section 29 of the Postal Services Act 2011 (duty to secure provision of universal postal service); and”.

Railways and Transport Safety Act 2003

169

In Schedule 2 to the Railways and Transport Safety Act 2003, omit paragraph 19(r) (which made amendments superseded by this Act).

Water Act 2003

170

In Schedule 7 to the Water Act 2003, omit paragraph 33 (which made amendments superseded by this Act).

London Local Authorities Act 2004

171

In section 13(3) of the London Local Authorities Act 2004 (defacement of buildings: protection of universal postal service providers)—

(a)

for “the Postal Services Act 2000 (c. 26)” substitute “Part 3 of the Postal Services Act 2011”, and

(b)

for “section 86(4) of that Act” substitute “section 86(4) of the Postal Services Act 2000”.

Gambling Act 2005

172

In Schedule 16 to the Gambling Act 2005, omit paragraph 15 (which made amendments superseded by this Act).

Railways Act 2005

173

In Schedule 12 to the Railways Act 2005, omit paragraph 15 (which made amendments superseded by this Act).

Legislative and Regulatory Reform Act 2006

174

In section 24(5) of the Legislative and Regulatory Reform Act 2006 (functions to which sections 21 and 22 apply), omit paragraph (d).

Consumer, Estate Agents and Redress Act 2007

175

The Consumers, Estate Agents and Redress Act 2007 is amended as follows.

176

In the following provisions (which relate to postal services in Northern Ireland), for “relevant postal services” substitute “postal services”—

  • section 2(1)(c)(ii),

  • section 3(2)(b) and (4)(a),

  • section 4(1)(b) and (5)(b),

  • section 5(4)(b), and

  • section 38(2)(c).

177

(1)

Section 15 (reference of matters to the Postal Services Commission) is amended as follows.

(2)

For the heading substitute “Reference of postal matters to OFCOM”.

(3)

In subsection (1)—

(a)

in the opening words, for “the Postal Services Commission (“the Commission”)” substitute “the Office of Communications (“OFCOM”)”, and

(b)

in paragraph (a), for “a condition of a licence under Part 2 of the Postal Services Act 2000” substitute “a regulatory condition imposed under Part 3 of the Postal Services Act 2011”.

(4)

In subsection (2), for “the Commission”, in both places, substitute “OFCOM”.

178

In section 16(2) (investigations relating to public post offices), for “section 42(3)” substitute “section 125(1)”.

179

In section 24(9) (provision of information: definitions), in the definition of “designated regulator”), for paragraph (b) substitute—

“(b)

the Office of Communications;”.

180

(1)

Section 25 (enforcement by regulator of section 24 notice) is amended as follows.

(2)

In subsection (3), in the table, for the entry relating to a person holding a licence under Part 2 of the Postal Services Act 2000 substitute—

“A postal operator.

The Office of Communications.”

(3)

After subsection (6) insert—

“(6A)

An obligation imposed by virtue of subsection (5) on a postal operator is enforceable by OFCOM under Schedule 7 to the Postal Services Act 2011 (enforcement of regulatory requirements).”

181

In section 29(3)(b) (disclosure of information: application of Part 9 of the Enterprise Act 2002), for “the Postal Services Act 2000” substitute “the Postal Services Act 2011”.

182

(1)

Section 41 (interpretation of Part 1) is amended as follows.

(2)

At the appropriate place insert—

““postal operator” has the same meaning as in Part 3 of the Postal Services Act 2011 (see section 65 of that Act);”.

(3)

In the definition of “postal services”, for “Postal Services Act 2000 (see section 125(1) of that Act)” substitute “Part 3 of the Postal Services Act 2011 (see section 65 of that Act)”.

(4)

Omit the definition of “relevant postal services”.

183

In section 42 (interpretation of Part 2), omit the entry relating to a person holding a licence under Part 2 of the Postal Services Act 2000.

184

(1)

Section 45 (information with respect to compliance with complaints handling standards) is amended as follows.

(2)

After subsection (1) insert—

“(1A)

This section also applies in relation to standards for the handling of complaints made about postal operators by users of their services which are contained in consumer protection conditions imposed under Part 3 of the Postal Services Act 2011.”

(3)

In subsection (2), after “providers” insert “or postal operators”.

185

In section 52, omit subsection (4) (which made amendments superseded by this Act).

186

In section 60(10) (orders and regulations: meaning of “regulator”), omit paragraph (b) (together with the “or” before it).

187

In section 65 (extent), omit subsections (4) and (5).

188

Omit the following provisions (which made amendments superseded by this Act)—

(a)

paragraphs 30 and 31 of Schedule 1,

(b)

paragraph 3 of Schedule 2,

(c)

paragraph 3 of Schedule 5, and

(d)

paragraphs 12 to 16 of Schedule 7.

Legal Services Act 2007

189

In paragraph 11(9) of Schedule 14 to the Legal Services Act 2007 (mail and other forms of communication), for “section 125(1) of the Postal Services Act 2000 (c. 26)” substitute “section 27 of the Postal Services Act 2011”.

London Local Authorities Act 2007

190

In section 75 of the London Local Authorities Act 2007 (mail forwarding businesses), for subsection (11) substitute—

“(11)

Nothing in subsection (1) or (6) above shall apply to—

(a)

a postal operator providing a service within the scope of the universal postal service (within the meaning of Part 3 of the Postal Services Act 2011), or

(b)

a Post Office company (within the meaning of Part 1 of that Act).”

Regulatory Enforcement and Sanctions Act 2008

191

(1)

Section 73 of the Regulatory Enforcement and Sanctions Act 2008 (functions to which section 72 applies) is amended as follows.

(2)

In subsection (2), for paragraph (d) (together with the “and” at the end of it) substitute—

“(d)

the Office of Communications in relation to postal services, and”.

(3)

After subsection (10) insert—

“(10A)

In subsection (2)(d) “postal services” has the same meaning as in Part 3 of the Postal Services Act 2011.”