Postal Services Bill (HL Bill 66)

Postal Services BillPage 140

“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) 5Section 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) 10After 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
15follows.

(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
20postal 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 25In 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”.

30Pensions (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) 35For paragraph 3A substitute—

3A In paragraph 3 “the original holding company” has the meaning
given by section 14 of the Postal Services Act 2011.

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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
5Services 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”
10substitute “section 26 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
15relating 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
20behalf of the Crown—

(a) a Post Office company,

(b) a Royal Mail company,

(c) the original holding company, and

(d) a parent company of a company within any of paragraphs
25(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
30Act 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—

(a) 35a Post Office company,

(b) a Royal Mail company,

(c) the original holding company, and

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

40Expressions used in paragraphs (a) to (d) have the same meaning
as in Part 1 of the Postal Services Act 2011.

Postal Services BillPage 142

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
5Services 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
10provider”—

(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 15In 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) 20for “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
25Services 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
30procedure), 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
35Act 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 40In paragraph 11(7) of Schedule 28 (urban development corporations: land)—

Postal Services BillPage 143

(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 5In 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”.

10Forgery 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 26 of the Postal Services Act 2011”.

Greater London Council (General Powers) Act 1981

112 15In 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”.

20New 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) 25for “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
30Services 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
352011 (see section 26)”.

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)—

Postal Services BillPage 144

(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”
5substitute “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) 10for subsection (4) substitute—

(4) In this section “postal services” has the meaning given by
section 26 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
15Postal 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
20definition 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 25In 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 26 of the Postal Services Act 2011”.

Insolvency Act 1986

124 The Insolvency Act 1986 is amended as follows.

125 30In 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
35Services Act 2000 (c. 26)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) 40omit paragraph (i).

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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
5Services 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
10Services 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”.

15Local 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) 20for “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
25Services 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) 30for “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
35(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”.

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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
5Services 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) 10for “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
15provisions 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 20In 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”.

25Social 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
30post)—

(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”.

35Social 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”.

Postal Services BillPage 147

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) 5in 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) 10paragraph 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
15125(1) of the Postal Services Act 2000” substitute “section 26 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
20Postal 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 25In 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) 30for “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
35Services 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) 40for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and

(b) for “that Act” substitute “that Part”.

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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
5Services 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
10reference 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
15Services 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
20Postal 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”.

25Countryside 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) 30for “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
35authorities: 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:

Postal Services BillPage 149

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 5In 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) 10in 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 15In 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 54(2) of the Postal Services Act 2011.

20Enterprise 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) 25at 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) 30at 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 28 of that
Act;.

(4) 35In 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—

40Postal Services Act 2011.