Postal Services Bill (HL Bill 66)

34 In section 104(3) (inviolability of mails)—

(a) omit paragraphs (a) and (b), and

(b) before paragraph (c) insert—

“(ba) a power conferred by section 104A,”.

35 5After section 104 insert—

“104A Power to detain packets in respect of unpaid or underpaid postage

(1) A postal operator—

(a) may detain any postal packet in respect of which there has
been no payment, or an underpayment, for postage, and

(b) 10may impose a surcharge in respect of that non-payment or
underpayment.

(2) A postal operator may detain the packet until the correct postage and
any surcharge have been paid.

(3) OFCOM may give a direction to a postal operator—

(a) 15limiting the amount of any surcharge, and

(b) limiting the length of time for which a postal packet may be
detained under subsection (2) (and, if a direction is given
under this paragraph, that subsection has effect subject to the
direction).

(4) 20Where a direction is given to an operator limiting the amount of a
surcharge, subsection (2) has effect in relation to the operator (in any
case where the surcharge would otherwise exceed the amount
specified in the direction) as if the surcharge were equal to the
amount specified in the direction.

(5) 25Before giving a direction to a postal operator under this section,
OFCOM must—

(a) inform the operator that they propose to give it a direction,
and

(b) allow the operator an opportunity to make representations
30about the proposal.”

36 In section 105 (application of customs and excise enactments to certain
postal packets), after subsection (4) insert—

“(4A) A postal operator may detain a postal packet to which this section
applies until any duties and charges in respect of the packet that are
35recoverable by virtue of subsection (3) have been paid.”

37 After section 105 insert—

“105A Section 105: limit on handling charges etc

(1) OFCOM may give a direction to a postal operator—

(a) limiting the amount of any handling charge, and

(b) 40limiting the length of time for which a postal packet may be
detained under section 105(4A) (and, if a direction is given
under this paragraph, that subsection has effect subject to the
direction).

(2) Where a direction is given to an operator limiting the amount of a
45handling charge, section 105(3) to (4A) have effect in relation to the

operator (in any case where the charge would otherwise exceed the
amount specified in the direction) as if the charge were equal to the
amount specified in the direction.

(3) Before giving a direction to a postal operator under this section,
5OFCOM must—

(a) inform the operator that they propose to give it a direction,
and

(b) allow the operator an opportunity to make representations
about the proposal.

(4) 10In this section “handling charge” means a charge payable to a postal
operator, in respect of a postal packet, for the performance by the
operator of all or any of the duties mentioned in section 105(2)(c).”

38 (1) Section 111 (exclusion of liability in relation to postal and money orders) is
amended as follows.

(2) 15In subsection (1)—

(a) for “the Post Office company”, in the first place, substitute “a Post
Office company”, and

(b) in paragraphs (a) and (b), for “the Post Office company” substitute
“the company”.

(3) 20In subsections (2) and (3), for “the Post Office company” substitute “a Post
Office company”.

(4) In subsection (4)—

(a) for “the Post Office company”, in the first place, substitute “a Post
Office company”, and

(b) 25for “the Post Office company”, in the second place, substitute “the
company”.

(5) In subsection (5)—

(a) for “the Post Office company”, in the first place, substitute “a Post
Office company”, and

(b) 30for “the Post Office company”, in the second place, substitute “the
company”.

(6) In subsection (6)—

(a) for “the Post Office company”, in the first place, substitute “a Post
Office company”, and

(b) 35for “the Post Office company”, in the second and third places,
substitute “the company”.

(7) In subsection (7), for “the Post Office company” substitute “a Post Office
company”.

(8) After subsection (8) insert—

“(8A) 40In this section and sections 112 to 114 “Post Office company” has the
meaning given by section 6 of the Postal Services Act 2011.”

39 (1) Section 112 (schemes in relation to postal and money orders) is amended as
follows.

(2) In subsections (1) and (2), for “The Post Office company” substitute “A Post
45Office company”.

(3) In subsections (5) and (8), for “the Post Office company” substitute “a Post
Office company”.

40 (1) Section 113 (recoupment of losses on wrongly paid money orders) is
amended as follows.

(2) 5In subsection (1)—

(a) in paragraph (a), for “the Post Office company” substitute “a Post
Office company”, and

(b) in paragraph (b), for “the Post Office company” substitute “a Post
Office company (“the company”)”.

(3) 10In subsection (2), for “the Post Office company” substitute “the company”.

41 (1) Section 114 (special arrangements with other countries or territories) is
amended as follows.

(2) In subsection (1), for “the Post Office company” substitute “a Post Office
company”.

(3) 15In subsection (2)—

(a) for “the Post Office company”, in the first place, substitute “a Post
Office company”, and

(b) for “the Post Office company”, in the second place, substitute “the
company”.

42 (1) 20Section 116 (the Postcode Address File) is amended as follows.

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

(3) After that subsection insert—

“(2A) OFCOM may give a direction to the owner for the time being of the
Postcode Address File requiring the owner—

(a) 25to issue, and comply with, a code of practice dealing with the
making of revisions to the File, or

(b) to make such modifications of the code as are specified in the
direction.

(2B) A direction under subsection (2A) is enforceable under Schedule 7 to
30the Postal Services Act 2011; but, where it is given to a person who is
not providing a postal service, that Schedule has effect with the
omission of paragraphs 7(2) and (3), 8(4) and 11.”

(4) After subsection (4) insert—

“(5) OFCOM may give a direction to the owner of the Postcode Address
35File as to the terms that may be imposed under subsection (1)(b).

(6) If it does so, no term that contravenes the direction may be imposed
under that provision.”

43 Omit section 117 (records of the former Postmaster General’s department).

44 Omit section 118 (supplementary provisions about the Council).

45 40Omit section 119 (general restriction on disclosure of information).

46 (1) Section 122 (orders and regulations) is amended as follows.

(2) In subsection (3), omit “9, 10,”.

(3) In subsection (5), omit “8,”.

(4) In subsection (10), omit “10, 38(8), 58(7), 59(2),” and “, paragraph 4 of
Schedule 7”.

(5) 5In subsection (12), omit “8, 9, 30(2),”.

47 In section 123 (directions), at the end insert—

“(4) OFCOM may give a direction under this Act only if they are satisfied
that the direction—

(a) is objectively justifiable,

(b) 10does not discriminate unduly against particular persons or a
particular description of persons,

(c) is proportionate to what it is intended to achieve, and

(d) is transparent in relation to what it is intended to achieve.”

48 In section 124(1) (general financial provision), omit paragraph (a).

49 (1) 15Section 125(1) (interpretation) is amended as follows.

(2) After the definition of “notice” insert—

• ““OFCOM” means the Office of Communications,”.

(3) For the definition of “postal operator” substitute—

• ““postal operator” has the same meaning as in Part 3 of the
  20Postal Services Act 2011 (see section 26(3) to (5) of that Act)),”.

(4) In the definition of “the Postal Services Directive”, for the words from
“implementation” to the end substitute “improvement of quality of service,
as amended from time to time,”.

(5) After the definition of “public holiday” insert—

• 25““public post office” means any post office from which any
  postal services are provided directly to the public (whether or
  not together with other services),”.

(6) After the definition of “subordinate legislation” insert—

• “references to the provision of a “universal postal service” are to
  30be read in accordance with sections 29 to 32 and section 63(3)
  of the Postal Services Act 2011,

• “universal postal service letter box” has the meaning given by
  section 86 of this Act,

• “universal postal service post office” has the meaning given by
  35that section,

• “universal service provider” has the meaning given by section
  63(1) of the Postal Services Act 2011,”.

50 Omit section 126 (index).

51 Omit Schedule 1 (the Postal Services Commission).

52 (1) 40Schedule 3 (transfer to the Post Office company: supplementary provisions)
is amended as follows.

(2) Omit paragraphs 6(1), 7, 9 and 10.

(3) In the other provisions, for “the Post Office company”, in each place,
substitute “the original holding company”.

53 In Schedule 4 (transfer to the Post Office company: tax), omit paragraphs 5
and 9.

54 (1) 5Schedule 5 (acquisition of land) is amended as follows.

(2) In paragraph 1(1), for “required for any purpose in connection with the
provision of a universal postal service” substitute “where it is necessary to
do so for the purpose of providing a universal postal service”.

(3) In paragraph 2(1), for “required for any purpose in connection with the
10provision of a universal postal service” substitute “where it is necessary to
do so for the purpose of providing a universal postal service”.

(4) In paragraph 3(1), for paragraphs (a) and (b) substitute—

“(a) which it is necessary to acquire for the purpose of
providing a universal postal service, or

(b) 15as to which it can reasonably be foreseen that it will be so
necessary,”.

55 Omit Schedule 7 (disclosure of information).

Part 2 Communications Act 2003

56 20The Communications Act 2003 is amended as follows.

57 In section 3 (general duties of OFCOM), after subsection (6) insert—

“(6A) Where it appears to OFCOM, in relation to the carrying out of any of
their functions in relation to postal services, that any of their general
duties conflict with their duty under section 28 of the Postal Services
25Act 2011 (duty to secure provision of universal postal service),
priority must be given to their duty under that section.”

58 In section 14 (consumer research), after subsection (6) insert—

“(6A) OFCOM must make arrangements for ascertaining—

(a) the state of public opinion from time to time about the way in
30which postal services are provided;

(b) the experiences of consumers in the markets for postal
services, in relation to the way in which those services are
provided;

(c) the experiences of such consumers in relation to the handling,
35by persons providing postal services, of complaints made to
them by such consumers;

(d) the experiences of such consumers in relation to the
resolution of disputes with persons providing postal
services;

(e) 40the interests and experiences of such consumers in relation to
matters that are incidental to or otherwise connected with
their experiences of the provision of postal services.”

59 (1) Section 16 (consumer consultation) is amended as follows.

(2) In subsection (1)(b), at the end insert “(other than postal services)”.

(3) In subsection (3)—

(a) in paragraph (c), for “any such services or facilities” substitute “a
service or facility mentioned in subsection (4)(a) to (e)”, and

(b) 5in paragraph (e), for “such services or facilities” substitute “services
or facilities mentioned in subsection (4)”.

(4) In subsection (4)—

(a) omit “and” at the end of paragraph (d), and

(b) after paragraph (e) insert—

“(f) 10postal services.”

(5) In subsection (13), in paragraph (a) of the definition of “domestic and small
business consumer”, for “any such services or facilities” substitute “a service
or facility mentioned in subsection (4)(a) to (e)”.

60 (1) Section 22(5) (representation on international and other bodies) is amended
15as follows.

(2) In the definition of “communication functions”, omit the “and” at the end of
paragraph and after that paragraph insert—

• “( ba)

  functions relating to postal services; and”.

(3) In the definition of “international meetings about communication”, after
20paragraph (b) insert—

• “( ba)

  the regulation of postal services;”.

61 (1) Section 26 (publication of information and advice for consumers etc) is
amended as follows.

(2) In subsection (2)—

(a) 25omit the “and” at the end of paragraph (c), and

(b) after paragraph (d) insert—

“(e) the customers of persons who provide postal
services.”

(3) After that subsection insert—

“(2A) 30In subsection (2)(e) the reference to customers of persons who
provide postal services includes—

(a) persons who wish to be provided with such services,

(b) persons who are likely to seek to be provided with such
services, and

(c) 35addressees.”

62 In section 369(1) (matters in relation to which OFCOM have competition
functions), after paragraph (e) insert—

“(f) the provision of postal services.”

63 (1) Section 370 (OFCOM’s functions under Part 4 of the Enterprise Act 2002) is
40amended as follows.

(2) In subsection (11), for “section 3 does not” substitute “section 3 of this Act
(general duties) and section 28 of the Postal Services Act 2011 (duty to secure
provision of universal postal service) do not”.

(3) In subsection (12), for “section 3(1) to (4)” substitute “section 3(1) to (4) of this
Act or section 28 of the Postal Services Act 2011”.

64 (1) Section 371 (OFCOM’s functions under Competition Act 1998) is amended
as follows.

(2) 5In subsection (11), for “section 3 does not” substitute “section 3 of this Act
(general duties) and section 28 of the Postal Services Act 2011 (duty to secure
provision of universal postal service) do not”.

(3) In subsection (12), for “section 3(1) to (4)” substitute “section 3(1) to (4) of this
Act or section 28 of the Postal Services Act 2011”.

65 10In section 394(2) (service of notifications and other documents)—

(a) omit the “and” at the end of paragraph (e), and

(b) at the end insert—

“(g) Part 3 of the Postal Services Act 2011.”

66 In section 400(1) (destination of licence fees and penalties), at the end
15insert—

“(i) an amount paid to OFCOM in respect of a penalty imposed
by them under Part 3 of the Postal Services Act 2011.”

67 In section 404(4) (criminal liability of company directors etc.)—

(a) omit the “or” at the end of paragraph (d), and

(b) 20at the end insert “; or

(f) Part 3 of the Postal Services Act 2011.”

68 (1) Section 405 (general interpretation) is amended as follows.

(2) In subsection (1), after the definition of “other member State” insert—

• ““postal services” has the meaning given by section 26 of the
  25Postal Services Act 2011;”.

(3) After subsection (5) insert—

“(5A) References in this Act to consumers in a market for a service include,
where the service is a postal service, addressees.”

69 In Schedule 16, omit paragraph 6 (which made amendments superseded by
30this Act).

70 In Schedule 17, omit paragraph 162(3) (which made amendments
superseded by this Act).

Part 3 Other enactments

35Commissioners 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 26 of the Postal Services Act
52011.”

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”.

10Bills 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 26 of the Postal Services Act 2011”.

Congested Districts (Scotland) Act 1897

74 15In 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”.

20Law 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 25In 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”.

30Acquisition 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
35Services 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—

5“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 10The 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
15undertakers” 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) 20Omit—

(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
25Services 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
30Services 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-
35inserted) 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
40Act 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 87(2)(a), may be made by an order
5under 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
10public 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
15procedure.

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”.