SCHEDULE 12 continued PART 3 continued
Postal Services BillPage 140
(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
Postal Services BillPage 141
(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 89(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”.
20Forestry Act 1967
86
In section 40(2)(e) of the Forestry Act 1967 (descriptions of land not subject
to compulsory purchase)—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
(b) 25for “that Act” substitute “that Part”.
Parliamentary Commissioner Act 1967
87
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation), omit the entry relating to the Postal Services
Commission.
30National Loans Act 1968
88
In section 12(5)(a) of the National Loans Act 1968 (Treasury’s borrowing
powers)—
(a)
for the words from “the Post Office company”, in the first place, to
“the Post Office company”, in the second place, substitute “a Post
35Office company (within the meaning of Part 1 of the Postal Services
Act 2011)”, and
(b)
for “the Post Office company or any such subsidiary” substitute
“such a company”.
Greater London Council (General Powers) Act 1969
89
40In section 9 of the Greater London Council (General Powers) Act 1969
(interpretation of Part 3), in the definition of “statutory undertakers”, for
Postal Services BillPage 142
“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 15 of the Postal Services Act 2011.”
Postal Services BillPage 143
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 27 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 144
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 145
(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 27 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 27)”.
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 146
(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 27 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 27 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).
Postal Services BillPage 147
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”.
Postal Services BillPage 148
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 149
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 27 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”.