2001 No. 878 (C. 31)
The Postal Services Act 2000 (Commencement No. 3 and Transitional and Saving Provisions) Order 2001
Made
The Secretary of State, in exercise of the powers conferred on him by sections 129 and 130(1) of the Postal Services Act 20001, hereby makes the following Order:
Citation and interpretation1
1
This Order may be cited as the Postal Services Act 2000 (Commencement No. 3 and Transitional and Saving Provisions) Order 2001.
2
In this Order—
“the Act” means the Postal Services Act 2000;
“the 1953 Act” means the Post Office Act 19532; and
“the successor postal services company” means the company carrying on the business of providing postal services which was formerly carried on by the Post Office.
3
In this Order a postal packet is to be treated as posted—
a
on or after 26th March 2001, if it is delivered to a public post office or post office letter box on or after 26th March 2001, or it is delivered to a post office letter box before that date, but after the last collection of postal packets from that post office letter box by a postal operator before 26th March 2001;
b
before 26th March 2001, if it is delivered to a public post office before 26th March 2001, or it is delivered to a post office letter box before 26th March 2001 provided that it is delivered to that post office letter box before the last collection of postal packets from that post office letter box by a postal operator before 26th March 2001.
Commencement2
Subject to articles 3 to 17, the provisions of the Act specified in the Schedule to this Order shall come into force, in so far as is specified in that Schedule, on 26th March 2001.
Transitional and saving provisions
3
4
5
A reference in section 11 of the 1953 Act to the Post Office shall be read as including a reference to the successor postal services company and the reference in that section to a scheme under section 28 of the Post Office Act 19697 (schemes for determining charges and other terms and conditions applicable to services) shall be read as including a reference to a scheme under section 89 of the Act (schemes as to terms and conditions for provision of a universal postal service).
6
Section 258 of the 1953 Act (outward bound ships) shall apply in respect of a mail bag tendered before 26th March 2001 to the master of a ship outward bound.
7
Section 26 of the 1953 Act (inward bound ships and aircraft) shall apply in respect of a postal packet which was within the exclusive privilege of the Post Office before 26th March 2001 and which was taken on board a ship or aircraft before 26th March 2001; and the references in section 26(2) to the Post Office shall be read as including references to the successor postal services company.
8
Section 279 of the 1953 Act (owners' letters) shall apply in respect of a letter to which section 27(2) applied before 26th March 2001 and the reference in section 27(2) to the Post Office shall be read as including a reference to the successor postal services company.
9
Section 2810 of the 1953 Act (retention of postal packets after delivery of part thereof to Post Office) shall apply to a postal packet which was within the exclusive privilege of the Post Office before 26th March 2001 and was on board a ship or aircraft inward bound before 26th March 2001 and the second and third references in section 28 to the Post Office shall include a reference to the successor postal services company.
10
Section 3211 of the 1953 Act (penalty for opening of mail bag by master or commander of ship or aircraft) shall apply to a mail bag entrusted to the master of a ship or the commander of an aircraft before 26th March 2001 and the reference in section 32(2) to the Post Office shall be read as including a reference to the successor postal services company.
11
Section 6312 of the 1953 Act (prohibition of fictitious stamps) shall continue to apply for the purposes of section 10(1) of the National Debt Act 197213 (national savings stamps and gift tokens), paragraph 8 of Schedule 1 to the Social Security Contributions and Benefits Act 199214, paragraphs 12 to 17 of Schedule 3 to the Social Security (Consequential Provisions) Act 199215, paragraph 8 of Schedule 1 to the Social Security Contributions and Benefits (Northern Ireland) Act 199216, paragraphs 12 to 17 of Schedule 3 to the Social Security (Consequential Provisions) (Northern Ireland) Act 199217 and the National Savings Stamps Regulations 196918.
12
Section 68 of the 1953 Act (endeavouring to procure the commission of any felony or misdemeanour) shall apply in respect of an offence committed before 26th March 2001 and an offence committed in respect of a postal packet posted before 26th March 2001.
13
Section 6919 of the 1953 Act (summary proceedings) shall apply in respect of an offence committed before 26th March 2001 and an offence committed in respect of a postal packet posted before 26th March 2001.
14
Section 7220 of the 1953 Act (evidence of a thing being a postal packet and of consent of Postmaster-General to prosecution) shall apply in respect of an offence committed before 26th March 2001 and an offence committed in respect of a postal packet posted before 26th March 2001 and the reference in section 72(1) to the Post Office shall be read as including a reference to the successor postal services company.
15
Section 85 of the Act (prohibition on sending certain articles by post) shall apply in respect of a postal packet posted on or after 26th March 2001.
16
Section 109 of the Act (evidence of thing being a postal packet) shall apply in respect of a postal packet posted on or after 26th March 2001.
17
Nothing in this Order shall be taken as conferring on the Post Office a power or duty in respect of the period commencing on 26th March 2001.
SCHEDULEPROVISIONS COMING INTO FORCE ON 26TH MARCH 2001
Provision | Subject matter of provision |
|---|---|
Section 83 | Interfering with the mail: postal operators |
Section 84 | Interfering with the mail: general |
Section 85 | Prohibition on sending certain articles by post |
Section 86 | Prohibition on affixing advertisements on certain letter boxes etc. |
Section 87 | Prohibition on misleading descriptions |
Section 88 | Obstruction of business of universal service providers |
Section 109 | Evidence of thing being a postal packet |
Section 127(6), in so far as it relates to the repeals and revocations specified in the table below | General amendments and repeals |
In Schedule 9, the repeals and revocations specified in the table below | Repeals and revocations |
Reference | Short Title | Extent of Repeal |
|---|---|---|
1 & 2 Eliz. 2 c. 36 | Post Office Act 1953 | Section 11 |
Sections 25 to 28 | ||
Section 32 | ||
Sections 52 to 65 | ||
Sections 68 to 70 | ||
Section 72 | ||
Section 79 | ||
Criminal Justice Act 1967 | In Schedule 3, in Part I, the entries in respect of the Post Office Act 1953 | |
Forgery and Counterfeiting Act 1981 | Section 29 | |
Interception of Communications Act 1985 | Section 11(2) | |
Post Office (Abolition of Import Restrictions) Regulations 1993 | The whole Regulations | |
Note: The repeal of section 52 of the Post Office Act 1953 (which extends only to Scotland) does not affect any liability at common law in respect of any offence described in that section. | ||
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Postal Services Act 2000 (“the Act”) have been, or will be, brought into force by the Postal Services Act 2000 (Commencement No. 1 and Transitional Provisions) Order 2000 (S.I. 2000/2957 (C. 88)):
Provision | Date of Commencement |
|---|---|
Section 1, sections 3 to 5, section 11, section 12 (partially), section 13, section 30 (partially), sections 38 and 39, section 42 (partially), section 43 (partially), section 44 (partially), sections 45 and 46, section 47 (partially), section 48, section 59 (partially), Part IV, sections 101 to 103, sections 117 and 118, section 119 (partially), section 127(4) (partially), section 127(6) (partially), Schedule 1, Schedule 3, Schedule 4, Schedule 6 (partially), Schedule 7 (partially), Schedule 8 (partially) and Schedule 9 (partially) | 6th November 2000 |
Section 2, section 12 (insofar as not already in force), section 31, section 41, section 42 (insofar as not already in force), section 43 (insofar as not already in force), section 44 (insofar as not already in force), section 47 (partially), sections 50 to 58, section 59 (insofar as not already in force), sections 60 and 61, sections 93 and 94, section 119 (partially), section 127(4) (partially), section 127(6) (partially), Schedule 2, Schedule 7 (partially), Schedule 8 (partially) and Schedule 9 (partially) | 1st January 2001 |
Sections 6 to 10, sections 14 to 29, section 30 (insofar as not already in force), sections 32 to 37, section 40, section 47 (insofar as not already in force), section 49, section 95, sections 97 to 100, section 116, section 119 (insofar as not already in force), section 127(4) (insofar as not already in force), section 127(6) (partially), Schedule 5, Schedule 6 (insofar as not already in force), Schedule 7 (insofar as not already in force), Schedule 8 (partially) and Schedule 9 (partially) | 26th March 2001 |
The following provisions of the Act have been brought into force by the Postal Services Act 2000 (Commencement No. 2) Order 2001 (S.I. 2001/534 (C. 22)):
Provision | Date of Commencement |
|---|---|
Section 89 (partially), sections 91 and 92 (partially), section 105(2), section 112 (partially), section 114 (partially) | 26th February 2001 |
Sections 120 to 126, section 127 (except subsections (4) and (6)) and sections 128 to 131 came into force on Royal Assent. Section 115 came into force two months after Royal Assent.