|
|
| |
|
|
|
|
[The page and line references are to HL Bill 38, the bill as first printed for the Lords.] |
|
|
|
1 | Page 2, line 3, at end insert “, and |
|
| (c) | the objective intended to be achieved by the undertaking of it. |
|
| |
| (a) | contain information about the expected commercial relationship, |
|
| after the proposed disposal, between the Royal Mail company in |
|
| question and any Post Office company, and |
|
| (b) | if the proposed disposal would result in shares or share rights being |
|
| owned by or on behalf of an employee share scheme for the first |
|
| time, give details of the scheme. |
|
| | In paragraph (b) “employee share scheme” has the meaning given by |
|
| |
|
2 | Page 2, line 41, after “may” insert “by order” |
|
3 | Page 3, line 7, after “has” insert “by order” |
|
4 | Page 3, line 7, at end insert— |
|
| “(3A) | An order under subsection (2) or (3)(b) is subject to affirmative resolution |
|
| |
|
5 | Page 3, line 28, leave out paragraphs (a) and (b) and insert “proposes to make an |
|
| order under section 4(2) or (3)(b) (order directing or approving issue or transfer of |
|
| shares or share rights in a Post Office company to a relevant mutual).” |
|
6 | Page 3, line 32, leave out subsection (2) and insert— |
|
|
| |
|
|
| |
| | |
|
| “(2) | The Secretary of State must lay before Parliament a report on the proposed |
|
| issue or transfer before making the order.” |
|
7 | Page 3, line 36, leave out paragraph (a) and insert— |
|
| “(a) | give details of the proposed issue or transfer (including the |
|
| expected time-scale for the issue or transfer),” |
|
8 | Page 3, line 38, after “are” insert “proposed” |
|
|
9 | Page 6, line 27, at end insert— |
|
| “( ) | In subsection (2)(b) the reference to postal services includes postal services |
|
| provided pursuant to arrangements made with a person who provides a |
|
| universal postal service.” |
|
10 | Page 7, line 2, at end insert— |
|
| “( ) | A Post Office company’s duties under this section are enforceable in civil |
|
| proceedings by the Secretary of State— |
|
| |
| (b) | for specific performance under section 45 of the Court of Session |
|
| |
| (c) | for any other appropriate remedy or relief.” |
|
|
11 | Insert the following new Clause— |
|
| “Annual report on postal museum collection and archive |
|
| (1) | A Royal Mail company must send to the Secretary of State each year a |
|
| report on its activities in relation to— |
|
| (a) | the British Postal Museum Collection, and |
|
| (b) | the Royal Mail Archive. |
|
| (2) | Before preparing the report, the company must consult any Post Office |
|
| |
| (3) | The Secretary of State must lay a copy of the report before Parliament. |
|
| (4) | A Royal Mail company’s duties under this section are enforceable in civil |
|
| proceedings by the Secretary of State— |
|
| |
| (b) | for specific performance under section 45 of the Court of Session |
|
| |
| (c) | for any other appropriate remedy or relief. |
|
| (5) | This section applies irrespective of whether the British Postal Museum |
|
| Collection or the Royal Mail Archive alters the name by which it is known |
|
| or forms part of a wider collection or archive.” |
|
|
12 | Page 11, line 40, at end insert— |
|
|
|
| |
| | |
|
| “( ) | For the purposes of this section as it applies in relation to the transfer of |
|
| assets after the relevant time by virtue of a transfer order— |
|
| (a) | treat the assets as if they had been transferred at the relevant time, |
|
| |
| (b) | disregard so much of the assets as were transferred to reflect the fact |
|
| that the assets were not actually transferred at the relevant time.” |
|
|
13 | Page 13, line 6, at end insert— |
|
| |
| (a) | relates to pensions or other benefits under the RMPP or a new |
|
| |
| (b) | relates to the administration of the RMPP or a new public scheme |
|
| in respect of those pensions or other benefits, |
|
| | may be shared among relevant persons for the purpose of facilitating the |
|
| administration of the RMPP or new public scheme. |
|
| (3) | “Relevant persons” means— |
|
| (a) | the Secretary of State, |
|
| (b) | any person who administers, or exercises functions under, a new |
|
| |
| (c) | the trustee of the RMPP, |
|
| (d) | any person who exercises functions on behalf of the trustee of the |
|
| |
| (e) | any person who is or has been an employer of a qualifying member |
|
| |
| (4) | In the event that a section of the RMPP is constituted as a separate pension |
|
| scheme the members of which consist of or include persons who are |
|
| qualifying members of the RMPP— |
|
| (a) | any reference in subsection (2) to the RMPP includes that separate |
|
| |
| (b) | any reference in subsection (3) to the trustee of the RMPP includes |
|
| the trustees or managers of that separate pension scheme.” |
|
|
14 | Page 13, line 17, at end insert— |
|
| “( ) | Any order under this Part may provide for it (or any of its provisions) to |
|
| come into force on a specified day. |
|
| ( ) | A “specified day” means a day specified in an order made by the Secretary |
|
| of State under this subsection (and different days may be specified for |
|
| |
| | Subsections (1) to (3) do not apply to an order under this subsection.” |
|
|
15 | Page 15, line 3, at end insert— |
|
| “(ca) | a notification condition (see section (Notification condition)),” |
|
|
|
| |
| | |
|
|
16 | Page 15, line 17, at end insert “before the end of a reasonable period and for its |
|
| provision to continue to be efficient at all subsequent times” |
|
17 | Page 15, line 17, at end insert— |
|
| “( ) | The reference in subsection (3)(a) to the need for the provision of a |
|
| universal postal service to be financially sustainable includes the need for |
|
| a reasonable commercial rate of return for any universal service provider |
|
| on any expenditure incurred by it for the purpose of, or in connection with, |
|
| the provision by it of a universal postal service.” |
|
18 | Page 15, line 17, at end insert— |
|
| “( ) | In subsection (3)(b) “a reasonable period” means such period beginning |
|
| with the day on which the provisions of this Part come generally into force |
|
| as OFCOM consider, in all the circumstances, to be reasonable.” |
|
19 | Page 15, line 21, at end insert— |
|
| “( ) | The Secretary of State may direct OFCOM to take, or refrain from taking, |
|
| specified action for the purpose of securing that, in the opinion of the |
|
| Secretary of State, sufficient access points are provided throughout the |
|
| United Kingdom to meet the interests of the public. |
|
| ( ) | The duty imposed on OFCOM as a result of subsection (4) is subject to any |
|
| direction given under this section. |
|
| ( ) | The action that may be specified in a direction under this section includes |
|
| the imposition of a regulatory condition consisting of or including |
|
| provision specified in the direction. |
|
| ( ) | Before giving a direction under this section, the Secretary of State must |
|
| |
|
20 | Insert the following new Clause— |
|
| |
| (1) | OFCOM may impose a notification condition on— |
|
| (a) | every person providing, or intending to provide, a service within |
|
| the scope of the universal postal service, or |
|
| (b) | every person providing, or intending to provide, a service within |
|
| the scope of the universal postal service of a specified description. |
|
| (2) | A notification condition is a condition requiring the person to give |
|
| |
| (a) | advance notice of the person’s intention to provide a letters |
|
| business on a specified scale (whether or not the person is currently |
|
| providing a letters business or any other postal service), and |
|
| (b) | where the person is already providing a letters business on a |
|
| specified scale, advance notice of the person’s intention to expand |
|
| the business by a specified extent. |
|
| (3) | A specified scale or extent may be determined by reference to any specified |
|
| |
|
|
| |
| | |
|
| (4) | The Secretary of State may at any time direct OFCOM to impose a |
|
| |
| (5) | The direction may (but need not) specify some or all of the provision to be |
|
| contained in the condition. |
|
| (6) | Where a notification condition applies to a person at a time when the |
|
| person is not providing a postal service— |
|
| (a) | Schedule 7 (enforcement of regulatory conditions) is to have effect |
|
| as if paragraph 7(2) and (3) were omitted and as if, for the purposes |
|
| of paragraph 11, the person were providing a postal service, and |
|
| (b) | Schedule 8 (information provisions) is to have effect as if the person |
|
| were a person falling within paragraph 1(2) and as if, for the |
|
| purposes of paragraph 8, the person were providing a postal |
|
| |
| |
| “advance notice” means written notice given at least a specified period |
|
| of time before the person intends to do as mentioned in subsection |
|
| |
| “a letters business” means a postal service which consists in the |
|
| |
| “specified” means specified in the notification condition.” |
|
|
21 | Page 25, line 41, leave out “3” and insert “5” |
|
|
22 | Page 27, line 9, at end insert— |
|
| “( ) | A direction under subsection (12) may not require OFCOM to make a |
|
| procurement determination at any time in the period of 10 years beginning |
|
| with the day on which this section comes into force unless the universal |
|
| service provider has agreed to the making of the determination.” |
|
|
23 | Page 36, line 36, at end insert— |
|
| “( ) | An order under subsection (6) applying an enactment under which a |
|
| criminal or civil penalty could be imposed may not provide for the penalty |
|
| to be greater than that which could be imposed under the enactment.” |
|
|
24 | Page 37, line 35, leave out subsections (4) and (5) |
|
|
25 | Page 38, line 41, at end insert— |
|
| ““notification condition” has the meaning given by section |
|
| (Notification condition),” |
|
26 | Page 39, line 39, at end insert— |
|