SCHEDULE 1AMENDMENTS

Article 5(1)

Agricultural Credits (Scotland) Act 1929

1.

In section 9 of the Agricultural Credits (Scotland) Act 1929 M1 (interpretation) in the definition of “Bank” for paragraph (d) substitute “ a Post Office company within the meaning of Part 1 of the Postal Services Act 2011 in the exercise of its powers to provide banking services ”.

Annotations:
Marginal Citations

M11929 19 and 20 Geo V c.13. Relevant amendments to the definition of “bank” were made by S.I. 2001/3649.

Motor Vehicles and Road Traffic Act (Northern Ireland) 1930

2.

In section 2(3) of the Motor Vehicles and Road Traffic Act (Northern Ireland) 1930 M2 (conveyance of mails by public service vehicles), for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Electoral Law Act (Northern Ireland) 1962

3.

In section 130(1) of the Electoral Law Act (Northern Ireland) 1962 M3 in the definition of “universal service provider” for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Tees and Hartlepool Port Authority Act 1966

4.

In section 81(1)(a)(iii) of the Tees and Hartlepool Port Authority Act 1966 M4 (Crown exemptions from charges), for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Drainage Rates (Appeals) Regulations 1970

5.

In regulation 5(4) of the Drainage Rates (Appeals) Regulations 1970 M5 (hereditaments occupied for purposes of extensive undertakings)—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

Isle of Wight County Council Act 1971

6.

In section 20 of the Isle of Wight County Council Act 1971 M6 (power to Council to assist industry), in paragraph (a) of the proviso—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

Post Office Operational Land Regulations 1973

7.

In regulation 2 of the Post Office Operational Land Regulations 1973 M7 for the words “the Postal Services Act 2000” where they occur substitute “ Part 3 of the Postal Services Act 2011 ”.

Walkways Regulations 1973

8.

In regulation 1(2) of the Walkways Regulations 1973 M8 (commencement, citation and interpretation), in the definition of “universal service provider”—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

Misuse of Drugs (Safe Custody) Regulations 1973

9.

In regulation 5(2)(c) of the Misuse of Drugs (Safe Custody) Regulations 1973 M9 for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Morpeth Common Act 1974

10.

In section 3 of the Morpeth Common Act 1974 M10 (protection of Morpeth Common) in subsection (3) of the proviso—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

Greater London Council (General Powers) Act 1974

11.

In section 2 of the Greater London Council (General Powers) Act 1974 M11 (interpretation), in the definition of “statutory undertaker” for “the Post Office” substitute “ a universal service provider within the meaning of Part 3 of the Postal Services Act 2011 ”.

Annotations:
Marginal Citations

M111974 (c.xxiv). There are no amendments relevant to this Order.

Solicitors (Northern Ireland) Order 1976

12.

In Schedule 1, in paragraph 15(2) of the Solicitors (Northern Ireland) Order 1976 M12 (re-direction of postal packets) for “section 125(1) of the Postal Services Act 2000” substitute “ section 27 of the Postal Services Act 2011 ”.

West Midlands County Council Act 1980

13.

In section 2 of the West Midlands County Council Act 1980 M13 (interpretation) in subsection (1) in the definition of “statutory undertakers”—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

Derbyshire Act 1981

14.

In section 2 of the Derbyshire Act 1981 M14 (interpretation) in the definition of “statutory undertakers”—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

Parliamentary Writs Order 1983

15.

In article 2 of the Parliamentary Writs Order 1983 M15 (interpretation), in the definition of “the relevant universal postal service provider” for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Access to the Countryside (Northern Ireland) Order 1983

16.

In article 2(2) of the Access to the Countryside (Northern Ireland) Order 1983 M16 (interpretation) in the definition of “statutory undertakers”—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

Road Traffic Regulation Act 1984

17.

In the first column of Schedule 5 to the Road Traffic Regulation Act 1984 M17 (buildings in relation to which a Secretary of State is the appropriate authority for purposes of section 74), for paragraph 6 substitute—

“6.

A building owned by—

(a)

a Post Office company (within the meaning of Part 1 of the Postal Services Act 2011), or

(b)

a company which is a universal service provider (within the meaning of Part 3 of that Act),

where (in each case) more than half of the company's issued share capital is owned by the Crown (within the meaning of Part 1 of that Act).”

Annotations:
Marginal Citations

M171984 c.27. There are no amendments to Schedule 5 relevant to this Order.

Postal Packets (Customs and Excise) Regulations 1986

18.

(1)

The Postal Packets (Customs and Excise) Regulations 1986 M18 are amended as follows.

(2)

In regulation 2(a)—

(a)

for “ “post office”, “postal operator” and “registered post service” have the same meaning as in the Postal Services Act 2000” substitute “ “post office” and “registered post service” have the same meaning as in the Postal Services Act 2000”;

(b)

before the definition of “postal packet” insert “ “postal operator” has the same meaning as in Part 3 of the Postal Services Act 2011 ”;

(c)

in the definition of “postal packet”—

(i)

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

(ii)

for “that Act” substitute “ that Part ”.

(3)

In regulation 9(1) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Mental Health (Northern Ireland) Order 1986

19.

In article 16(8) of the Mental Health (Northern Ireland) Order 1986 M19 (correspondence of detained patients) for “the Postal Services Act 2000” substitute “ the Postal Services Act 2011 ”.

Road Vehicles (Construction and Use) Regulations 1986

20.

In the table in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 M20 (interpretation) in the meaning specified in column 2 for the expression “public works vehicle” specified in column 1—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

Insolvency Rules 1986

21.

In form 6.80 in Schedule 4 to the Insolvency Rules 1986 M21 (order to Post Office), for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

County of Cleveland Act 1987

22.

In section 25(7A) of the County of Cleveland Act 1987 M22 (traffic regulation during carnivals etc.)—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

Insolvency (Northern Ireland) Order 1989

23.

(1)

The Insolvency (Northern Ireland) Order 1989 M23 is amended as follows.

(2)

In article 342(1) (re-direction of bankrupt's letters, etc.)—

(a)

for “given by section 125(1) of the Postal Services Act 2000” substitute “ of Part 3 of the Postal Services Act 2011 ”;

(b)

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

(3)

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

(a)

in sub-paragraph (d) 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 (c.5) ”;

(b)

for sub-paragraph (e) substitute

“(e)

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

(c)

omit paragraph (f).

Nottingham Park Estate Act 1990

24.

In section 16 of the Nottingham Park Estate Act 1990 M24 (local land charge)—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

Planning (Northern Ireland) Order 1991

25.

In article 2(2) of the Planning (Northern Ireland) Order 1991 M25 (interpretation), in the definition of “statutory undertaker”—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

Town and Country Planning (General Permitted Development) (Scotland) Order 1992

26.

(1)

The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 M26 is amended as follows.

(2)

In article 2(1) (interpretation) in the definition of “statutory undertaker”—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

(3)

In paragraph 43 of Schedule 1 (Classes of Permitted Development)—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

Roads (Northern Ireland) Order 1993

27.

In article 2(2)(a) of the Roads (Northern Ireland) Order 1993 M27 (interpretation) in the definition of “statutory undertaker”—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

Value Added Tax Act 1994

28.

(1)

The Value Added Tax Act 1994 M28 is amended as follows—

(2)

In Group 8 of Schedule 8 (zero-rating: transport), in Note (4E), in the definition of “universal service provider”, for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

(3)

In Group 3 of Schedule 9 (exemptions: postal services)—

(a)

omit Note (1);

(b)

in Note (2), for “a licence duty” substitute “ a specified condition ”;

(c)

in Note (3), for the words from “postal facilities” to the end substitute “ postal network (within the meaning of section 38 of the Postal Services Act 2011) and which are required to be provided by a specified condition ”;

(d)

in Note (4)(a), for “a licence” substitute “ a specified condition ”;

(e)

in Note (5)—

(i)

for “a licence duty” substitute “ a specified condition ”, and

(ii)

for “the licence” substitute “ the condition ”;

(f)

for Note (6) substitute—

“(6)

In this Group “specified condition” means a designated USP condition, a USP access condition or a transitory condition under paragraph 5 of Schedule 9 to the Postal Services Act 2011 which is imposed only on a universal service provider.

(7)

Any expression which is used in this Group and in Part 3 of the Postal Services Act 2011 has the same meaning in this Group as in that Part.”

Annotations:
Marginal Citations

M281994 c.23 amended by Schedule 8 paragraph 22 of the Postal Services Act 2000 and S.I. 2001/1149.

Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 1994

29.

In the Schedule to the Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 1994 M29 (prescribed prosecuting authority)—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

Town and Country Planning (General Permitted Development) Order 1995

30.

(1)

The Town and Country Planning (General Permitted Development) Order 1995 M30 is amended as follows.

(2)

In article 1(2) (citation, commencement and interpretation) in the definition of “statutory undertaker”—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

(3)

In Part 17 of Schedule 2 (Development by statutory undertakers) in “Class J”—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

Value Added Tax Regulations 1995

31.

In regulation 2(1) of the Value Added Tax Regulations 1995 M31 (interpretation - general)—

(a)

in the definition of “datapost packet”—

(i)

for “the Post Office company” wherever it appears substitute “ a universal service provider ”;

(ii)

for “that company” substitute “ that universal service provider ”;

(b)

omit the definition of “the Post Office company”;

(c)

insert in the appropriate place—

“postal packet” has the same meaning as in Part 3 of the Postal Services Act 2011”;

“post office” has the same meaning as in section 125(1) of the Postal Services Act 2000”;

“universal service provider” means a person who provides a universal postal service (within the meaning of Part 3 of the Postal Services Act 2011) or part of such a service, in the United Kingdom”.

Annotations:
Marginal Citations

M31S.I. 1995/2518. Relevant amendments were made to regulation 2 by paragraph 23 of Schedule 8 to the Postal Services Act 2000 and S.I. 2001/1149.

Public Service Vehicles (Operators' Licences) Regulations 1995

32.

In regulation 25 of the Public Service Vehicles (Operators' Licences) Regulations 1995 M32 (Universal Service Providers)—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

The Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996

33.

The Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996 M33 is amended as follows.

(1)

In article 2 of the Provisional Order contained within the Schedule—

(a)

in the definition of “universal service provider” for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

(b)

in the definition of “the universal service provider concerned” for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Deregulation (Model Appeal Provisions) Order 1996

34.

In paragraph 35(5) in the Schedule to the Deregulation (Model Appeal Provisions) Order 1996 M34 for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Reserve Forces Appeal Tribunals Rules 1997

35.

In rule 35(2) of the Reserve Forces Appeal Tribunals Rules 1997 M35 (method of sending delivering or serving documents etc.) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997

36.

In regulation 4(2)(g) of the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997 M36 (disapplication of the regulations)—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

National Lottery (Imposition of Penalties and Revocation of Licences) Procedure Regulations 1999

37.

In regulation 19(2) of the National Lottery (Imposition of Penalties and Revocation of Licences) Procedure Regulations 1999 M37 (giving of notices) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Education (Registered Inspectors of Schools Appeal Tribunal and Registered Nursery Education Inspectors Appeal Tribunal) (Procedure) Regulations 1999

38.

In regulation 36(2) of the Education (Registered Inspectors of Schools Appeal Tribunal and Registered Nursery Education Inspectors Appeal Tribunal) (Procedure) Regulations 1999 M38 (method of sending, delivering or serving documents, etc.) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Visiting Forces and International Headquarters (Application of Law) Order 1999

39.

In article 7 of the Visiting Forces and International Headquarters (Application of Law) Order 1999 M39 (wireless telegraphy, postal service and telecommunications systems) omit paragraph (3).

Postal Services Regulations 1999

40.

(1)

In regulation 2 of the Postal Services Regulations 1999 M40 (the national regulatory authorities), in paragraph (1) for “the Postal Services Commission” substitute “ the Office of Communications ”.

(2)

Omit regulation 3 (The Postal Services Commission) which makes amendments which are superseded by the Postal Services Act 2011.

Annotations:
Marginal Citations

M40S.I. 1999/2107. Relevant amendments made to regulation 2 by the Postal Services Act 2000, paragraph 127(6), Schedule 9.

Data Protection (Notification and Notification Fees) Regulations 2000

41.

In regulation 8(2) of the Data Protection (Notification and Notification Fees) Regulations 2000 M41 (date of entry in the Register) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Information Tribunal (National Security Appeals) (Telecommunications) Rules 2000

42.

(1)

The Information Tribunal (National Security Appeals) (Telecommunications) Rules 2000 M42 are amended as follows.

(2)

In rule 5(4) (time limit for appealing) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

(3)

In rule 13(2) (withdrawal of appeal) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

General Chiropractic Council (Health Appeal Tribunal) Rules Order 2000

43.

In rule 8(11) of the Schedule to the General Chiropractic Council (Health Appeal Tribunal) Rules Order 2000 M43 documents and evidence), for “the Post Office or other postal operator” substitute “ a postal operator within the meaning of Part 3 of the Postal Services Act 2011 ”.

General Chiropractic Council (Professional Conduct Committee) Rules Order of Council 2000

44.

In rule 7(8) of the Schedule to the General Chiropractic Council (Professional Conduct Committee) Rules Order of Council 2000 M44 (evidence), for “the Post Office or other postal operator” substitute “ a postal operator within the meaning of Part 3 of the Postal Services Act 2011 ”.

General Chiropractic Council (Health Committee) Rules Order of Council 2000

45.

In rule 8(11) of the Schedule to the General Chiropractic Council (Health Committee) Rules Order of Council 2000 M45 (documents and evidence), for “the Post Office or other postal operator” substitute “ a postal operator within the meaning of Part 3 of the Postal Services Act 2011 ”.

Representation of the People (England and Wales) Regulations 2001

46.

In regulation 64 of the Representation of the People (England and Wales) Regulations 2001 M46 (interpretation), in the definition of “universal postal service provider” for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Annotations:
Marginal Citations

M46S.I. 2001/341. There are amendments not relevant to this Order.

Representation of the People (Scotland) Regulations 2001

47.

In regulation 64 of the Representation of the People (Scotland) Regulations 2001 M47 (interpretation), in the definition of “universal postal service provider” for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Annotations:
Marginal Citations

M47S.I. 2001/497. There are amendments not relevant to this Order.

Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001

48.

In Schedule 2 to the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 M48 (Disclosure of confidential information not subject to Directive restrictions), for the entry for the Postal Services Commission substitute—

Office of Communications

Its functions under the Postal Services Act 2011

Annotations:
Marginal Citations

M48S.I 2001/2188. There are amendments not relevant to this Order.

Misuse of Drugs Regulations 2001

49.

In regulation 6(7)(c) of the Misuse of Drugs Regulations 2001 M49 (General authority to supply and possess), for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Loch Lomond and The Trossachs National Park Elections (Scotland) Order 2002

50.

In article 32 of the Loch Lomond and The Trossachs National Park Elections (Scotland) Order 2003 M50 (Delivery of ballot papers)—

(a)

in paragraph (1)(a) for “universal postal service provider” substitute “ universal service provider within the meaning of Part 3 of the Postal Services Act 2011 ”;

(b)

in paragraph (2) for “universal postal service provider” substitute “ universal service provider ”.

Traffic Signs Regulations and General Directions 2002

51.

In paragraph 4(2) of Part 1 of Schedule 19 to the Traffic Signs Regulations and General Directions 2002 M51 (other exceptions), for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Land Reform (Scotland) Act 2003

52.

In the definition of “statutory undertaker” in section 32 of the Land Reform (Scotland) Act 2003 M52 (interpretation), in sub-paragraph (i) for “a universal postal service provider within the meaning of the Postal Services Act 2000 (c.26)” substitute “ a universal service provider within the meaning of Part 3 of the Postal Services Act 2011 (c.5) ”.

Annotations:
Marginal Citations

M522003 asp 2. There are amendments not relevant to this Order.

Northern Ireland Act 1998 (Designation of Public Authorities) Order 2003

53.

In Schedule 1 to the Northern Ireland Act 1998 (Designation of Public Authorities) Order 2003 M53 (Bodies listed in Schedule 2 to the Parliamentary Commissioner Act 1967 and designated for the purposes of section 75 of the Northern Ireland Act 1998)—

(a)

for “Postal Services Commission” substitute “ the Office of Communications ”;

(b)

omit the entry for “Consumer Council for Postal Services”.

Cairngorms National Park Elections (Scotland) Order 2003

54.

In article 34 of the Cairngorms National Park Elections (Scotland) Order 2003 M54 (Delivery of ballot papers)—

(a)

in paragraph (1)(a) for “universal postal service provider” substitute “ universal service provider within the meaning of Part 3 of the Postal Services Act 2011 ”;

(b)

in paragraph (2) for “universal postal service provider” substitute “ universal service provider ”.

Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003

55.

F1In paragraph 7(1)(a) of Schedule 3 to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 M55 (Exclusion of Section 4(2)(a) and (b) of the Act) for “the Post Office Corporation” substitute “a universal service provider within the meaning of Part 3 of the Postal Services Act 2011”.

Greater London Authority Elections (Election Addresses) Order 2003

56.

(1)

The Greater London Authority Elections (Election Addresses) Order 2003 M56 is amended as follows.

(2)

In article 2(1) (interpretation) omit the definition of “universal postal service provider”.

(3)

In article 9 (distribution of election booklets), for paragraph (2) substitute “ (2) The election booklets shall be delivered by a postal operator within the meaning of Part 3 of the Postal Services Act 2011. ”.

Annotations:
Marginal Citations

M56S.I. 2003/1907. There are amendments not relevant to this Order.

Customs (Contravention of a Relevant Rule) Regulations 2003

57.

In the Schedule to the Customs (Contravention of a Relevant Rule) Regulations 2003 M57, in the entry in column 2 for Regulation 9 of the Postal Packets Regulations relating to a universal service provider, for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Annotations:
Marginal Citations

M57S.I. 2003/3113. There are amendments not relevant to this Order.

Nature Conservation (Scotland) Act 2004

58.

In section 58(1) of the Nature Conservation (Scotland) Act 2004 M58 (interpretation), for paragraph (h) in the definition of “statutory undertaker”, substitute—

“(h)

a universal service provider within the meaning of Part 3 of the Postal Services Act 2011 (c.5).”.

Annotations:
Marginal Citations

M582004 asp 6. There are amendments not relevant to this Order.

Antisocial Behaviour etc. (Scotland) Act 2004

59.

In section 8(8) of the Antisocial Behaviour etc. (Scotland) Act 2004 M59 (notification of making etc. of orders and interim orders) for “section 125(1) of the Postal Services Act 2000 (c.26)” substitute “ section 27 of the Postal Services Act 2011 (c.5) ”.

Annotations:
Marginal Citations

M592004 asp 8. There are amendments not relevant to this Order.

European Parliamentary Elections Regulations 2004

60.

(1)

The European Parliamentary Elections Regulations 2004 M60 are amended as follows.

(2)

In regulation 2(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 ”.

(3)

In regulation 63(6) (candidates right to serve election address post free), for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

(4)

In regulation 122(2) (services of notices), for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

(5)

In regulation 124(5) (remuneration for free postal services provided under the Regulations), for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Regional Assembly and Local Government Referendums Order 2004

61.

In Schedule 1 to the Regional Assembly and Local Government Referendums Order 2004 M61 (The Regional Assembly and Local Government Referendum Rules), in rule 1(1) in the definition of “universal postal service provider” for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Annotations:
Marginal Citations

M61S.I. 2004/1962. There are amendments not relevant to this Order.

European Parliamentary Elections (Northern Ireland) Regulations 2004

62.

(1)

The European Parliamentary Elections (Northern Ireland) Regulations 2004 M62 are amended as follows.

(2)

In regulation 2 (interpretation) in the definition of “universal service provider” for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

(3)

In regulation 58(5) (candidates right to send election address post free), for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

(4)

In regulation 111(2) (service of notices), for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

(5)

In regulation 113(4) (remuneration for free postal services provided under the Regulations), for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

(6)

In Schedule 2 Part II paragraph 15 (interpretation of Part 2), in the definition of “universal postal service provider” for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011. ”.

Business Improvement Districts (England) Regulations 2004

63.

In Schedule 2 to the Business Improvement Districts (England) Regulations 2004 M63 for paragraph 10(4) (procedure on issue of ballot paper), substitute —

“(4)

For the purpose of delivering the ballot papers the ballot holder may use a postal operator within the meaning of Part 3 of the Postal Services Act 2011.”.

Business Improvement Districts (Wales) Regulations 2005

64.

In Schedule 2 to the Business Improvement Districts (Wales) Regulations 2005 M64 (procedure on issue of ballot paper) for paragraph 10(4), substitute—

“(4)

For the purpose of delivering the ballot papers the ballot holder may use a postal operator within the meaning of Part 3 of the Postal Services Act 2011.”.

Police, Public Order and Criminal Justice (Scotland) Act 2006

65.

In section 67(3) (service of documents) and section 87(6) (date, time and place of assessment) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 M65, for “section 125(1) of the Postal Services Act 2000 (c.26)” substitute “ section 27 of the Postal Services Act 2011 (c.5) ” in each case.

Annotations:
Marginal Citations

M652006 asp 10. There are amendments not relevant to this Order.

Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

66.

In rule 4 (interpretation and notices) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 M66, in the definition of “universal service provider”—

(a)

for “section 4 of the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

(b)

for “that Act” substitute “ that Part ”.

Water and Sewerage Services (Northern Ireland) Order 2006

67.

In Schedule 10 to the Water and Sewerage Services (Northern Ireland) Order 2006 M67 (protective provisions in respect of certain undertakings), in paragraph 1(4)(c) of Part 1, for “universal postal provider within the meaning of the Postal Services Act 2000 (c.26) ” substitute “ universal service provider within the meaning of Part 3 of the Postal Services Act 2011 (c.5) ”.

Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007

68.

In regulation 2(1) of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007 M68 (interpretation) in the definition of “universal postal service provider” for “section 4(3) (provision of a universal postal service: meaning) of the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Business Improvement Districts (Scotland) Regulations 2007

69.

In Schedule 2 of the Business Improvement Districts (Scotland) Regulations 2007 M69 for paragraph 10(4) (procedure on issue of ballot paper), substitute—

“(4)

For the purpose of delivering the ballot papers, the ballot holder may use a postal operator within the meaning of Part 3 of the Postal Services Act 2011.”.

Annotations:
Marginal Citations

M69S.S.1. 2007/202. There are amendments not relevant to this Order.

National Assembly for Wales (Representation of the People) Order 2007

70.

(1)

The National Assembly for Wales (Representation of the People) Order 2007 M70 is amended as follows.

(2)

In article 2(1) (interpretation) in the definition of “universal service provider” for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

(3)

In article 136(2) (service of notices), for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Annotations:
Marginal Citations

M70S.I. 2007/236. There are amendments not relevant to this Order.

Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007

71.

In regulation 3(1) of the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007 M71 (interpretation), in the definition of “universal postal service provider” for “in terms of the Postal Services Act 2000” substitute “ within the meaning of Part 3 of the Postal Services Act 2011 ”.

Annotations:
Marginal Citations

M71S.S.I. 2007/263. There are amendments not relevant to this Order.

Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007

72.

In Schedule 4 to the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007 M72, in column 1 of paragraph 9—

(a)

for “section 4 of the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

(b)

for “section 4 of that Act” substitute “ that Part ”.

Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007

73.

In the Schedule to the Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007 M73, in the entry in column 1 relating to a universal service provider—

(a)

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

(b)

for “that Act” substitute “ that Part ”.

Annotations:
Marginal Citations

M73S.I. 2007/934. There are amendments not relevant to this Order.

Legislative Reform (Health and Safety Executive) Order 2008

74.

In Schedule 3 to the Legislative Reform (Health and Safety Executive) Order 2008 M74 (amendments) omit the amendments to the Postal Services Act 2000 which are superseded by the Postal Services Act 2011.

Annotations:
Marginal Citations

M74S.I. 2008/960. There are amendments not relevant to this Order.

Consumer Protection from Unfair Trading Practices Regulations 2008

75.

In Schedule 2 to the Consumer Protection from Unfair Trading Practices Regulations 2008 M75 (amendments), omit paragraph 60 (amendments to the Postal Services Act 2000) which is superseded by the Postal Services Act 2011.

Annotations:
Marginal Citations

M75S.I. 2008/1277. There are amendments not relevant to this Order.

Representation of the People (Northern Ireland) Regulations 2008

76.

In section 70 of the Representation of the People (Northern Ireland) Regulations 2008 M76 (interpretation of Part 5), in the definition of “universal postal service provider” for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Non-Domestic Rating (Small Business Relief) (Wales) Order 2008

77.

In article 2 of the Non-Domestic Rating (Small Business Relief) (Wales) (Order) 2008 M77 (interpretation), in the definition of “post office” for “section 42(3) of the Postal Services Act 2000” substitute “ section 125(1) of the Postal Services Act 2000 ”.

Absent Voting at Scottish Local Government Elections (Provision of Personal Identifiers) Regulations 2009

78.

In regulation 11 of the Absent Voting at Scottish Local Government Elections (Provision of Personal Identifiers) Regulations 2009 M78 (interpretation), in the definition of “universal postal service provider” for “section 4(3) of the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Companies (Disclosure of Address) Regulations 2009

79.

In Schedule 1 to the Companies (Disclosure of Address) Regulations 2009 M79 (specified public authorities), for “the Postal Services Commission” substitute “ the Office of Communications ”.

Annotations:
Marginal Citations

M79S.I. 2009/214. There are amendments not relevant to this Order.

Health Board Elections (Scotland) Regulations 2009

80.

In Part 6 (voting packs and ballot papers) of the Schedule to the Health Board Elections (Scotland) Regulations 2009 M80, (Health Board election rules), in paragraph 21(5)(a), for “section 4(3) and (4) of the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Annotations:
Marginal Citations

M80S.S.I. 2009/352. There are amendments not relevant to this Order.

Proceeds of Crime Act 2002 (References to financial investigators) Order 2009

81.

(1)

The Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009 M81 is amended as follows.

(2)

In article 1(2)—

(a)

insert after the definition of “ Police Service of Northern Ireland ”

“the Post Office” means the company Post Office Limited (registered number 2154540);”

  1. (b)

    in the definition of “the Royal Mail” for “Royal Mail Group Plc (registered number 4138203)” substitute  “ Royal Mail Group Limited (registered number 4138203); ”.

(3)

In Schedule 1—

(a)

insert “ the Post Office ” in the appropriate place in column 2 in relation to England and Wales in the description specified of an accredited financial investigator against the entry in column 1 for :

(i)

Section 42(2)(c) (application for restraint order under Part 2);

(ii)

Section 45(3) (seizure of property to which restraint order applies under Part 2);

(iii)

Section 68 (3)(c) (authorisation for application for restraint order under Part 2);

(iv)

Section 303A(1) (recovery of cash in summary proceedings under Chapter 3 of Part 5);

(v)

Section 352(7) (appropriate persons for the purpose of search and seizure warrants in confiscation, money laundering, civil recovery or detained cash investigation under Part 8);

(vi)

Section 353(11) (appropriate person for purposes where production order is not available for the purpose of a confiscation, money laundering, civil recovery or detained cash investigation under Part 8);

(b)

insert “ the Post Office ” in the appropriate place in column 2 in relation to Northern Ireland in the description specified of an accredited financial investigator against the entry in column 1 for Section 191(2)(c) (application for restraint order under Part 4);

(c)

insert “ the Post Office ” in the appropriate place in column 2 in each case in relation to England and Wales and in relation to Northern Ireland in the description specified of an accredited financial investigator against the entry in column 1 for:

(i)

Section 378(1)(b) (appropriate officers for the purposes of confiscation investigations under Part 8);

(ii)

Section 378(4)(a) (appropriate officers for the purposes of money laundering investigations);

(d)

insert “ the Post Office and is not below the grade of broadband 3 ” in the appropriate place in column 2 in relation to England and Wales in the description specified of an accredited financial investigator against the entry in column 1 for—

(i)

Section 68(3)(c) (authorisation for application for restraint order under Part 2);

(ii)

Section 290(4)(c) (prior approval for search of cash under Chapter 3 of Part 5);

(e)

insert “ the Post Office and is not below the grade of broadband 3 ” in the appropriate place in column 2 in relation to Northern Ireland in the description specified of an accredited financial investigator against the entry in column 1 for Section 216(3)(c) (authorisation for application for restraint order under Part 4);

(f)

insert “ the Post Office and is not below the grade of broadband 3 ” in the appropriate place in column 2 in each case in relation to England and Wales and in relation to Northern Ireland in the description specified of an accredited financial investigator against the entry in column 1 for:

(i)

Section 378(2)(d) (senior appropriate officers for the purposes of confiscation investigations);

(ii)

Section 378(6)(c) (senior appropriate officers for the purposes of money laundering investigations).

Overseas Companies Regulations 2009

82.

In Schedule 1 to the Overseas Companies Regulations 2009 M82 (Specified public authorities), for “the Postal Services Commission” substitute “ the Office of Communications ”.

Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009

83.

In Schedule 1 to The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 M83 (consequential amendments), omit paragraphs 183(2) and (3) (amendments to the Postal Services Act 2000) which have been superseded by the Postal Services Act 2011.

Regulation of Investigatory Powers (Communications Data) Order 2010

84.

(1)

The Regulation of Investigatory Powers (Communications Data) Order 2010 M84 is amended as follows.

(2)

In article 6—

(a)

in paragraph (1) for “paragraphs (2) to (7)” substitute “ paragraphs (2) to (4), and (7) ”;

(b)

omit paragraphs (5) and (6).

(3)

In Schedule 2 (Offices, ranks and positions in additional relevant public authorities specified by this Order)—

(a)

in Part 1 in the entry for Royal Mail Group Ltd in column 1 for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

(4)

Omit Part 3.

Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010

85.

In the Schedule to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 M85 (Prescribed Offices etc. in Relevant Public Authorities and Restrictions on Authorisations) in Part 2—

(a)

omit the entry for the Postal Services Commission;

(b)

in column 1 in the entry for a universal service provider, for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Scottish Parliament (Elections etc.) Order 2010

86.

F2In article 2(1) of the Scottish Parliament (Elections etc.) Order 2010 M86 (interpretation), in the definition of “universal postal service provider”, for “section 4(3) of the Postal Services Act 2000 (provision of universal postal service: meaning)” substitute “Part 3 of the Postal Services Act 2011.”.

SCHEDULE 2REPEALS AND REVOCATIONS

Article 5(2)

Reference

Short title or title

Extent of repeal or revocation

1994 c.23

Value Added Tax Act 1994

In Schedule 9 Group 3 note (1)

S.I. 1989/2405

Insolvency (Northern Ireland) Order 1989

In Schedule 1A paragraph 10(1)(f)

S.I. 1999/1736

Visiting Forces and International Headquarters (Application of Law) Order 1999

In article 7 paragraph (3)

S.I. 1999/2107

Postal Services Regulations 1999

Regulation 3

S.I. 2001/260

Postal Services Commission (Register) Order 2001

The whole Order

S.I. 2002/3050

Postal Services (EC Directive) Regulations 2002

The whole Regulations

S.I. 2003/55

Northern Ireland Act 1998 (Designation of Public Authorities) Order 2003

In Schedule 1 “Consumer Council for Postal Services”

S.I. 2003/1542

Postal Services Act 2000 (Consequential Modifications to Local Enactments) Order 2003

Article 2

S.I. 2003/1907

Greater London Authority Elections (Election Addresses) Order 2003

In article 2(1) the definition of “universal postal service provider”

S.I. 2003/2908

Postal Services Act 2000 (Consequential Modifications) Order 2003

Article 2

S.I. 2008/960

Legislative Reform (Health and Safety Executive) Order 2008

In Schedule 3 the amendments to the Postal Services Act 2000

S.I. 2008/1277

Consumer Protection from Unfair Trading Practices Regulations 2008

In Schedule 2 paragraph 60

S.I. 2008/2267

Postal Services Regulated Providers (Redress Scheme) Order 2008

The whole Order

S.I. 2008/2355

Postal Services (Consumer Complaints Handling Standards) Regulations 2008

The whole Regulations

S.I. 2009/1941

Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009

In Schedule 1 paragraphs 183(2) and (3).

S.I. 2010/480

Regulation of Investigatory Powers (Communications Data) Order 2010

Article 6(5) and (6);

Part 3 of Schedule 2

S.I. 2010/521

Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010

In Part 2 of Schedule 2 the words “Postal Services Commission”