Postal Services Bill (HL Bill 70)

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:

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 56(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 29 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—

40“Postal Services Act 2011.”

167 In Schedule 25, omit paragraph 42 (which made an amendment superseded
by this Act).

Office of Communications Act 2002

168 In paragraph 12(2) of the Schedule to the Office of Communications Act 2002
5(OFCOM’s annual report), omit the “and” at the end of paragraph (a) and
after that paragraph insert—

“(aa) a report about OFCOM’s performance, during that year, of
their duty under section 29 of the Postal Services Act 2011
(duty to secure provision of universal postal service); and”.

10Railways and Transport Safety Act 2003

169 In Schedule 2 to the Railways and Transport Safety Act 2003, omit paragraph
19(r) (which made amendments superseded by this Act).

Water Act 2003

170 In Schedule 7 to the Water Act 2003, omit paragraph 33 (which made
15amendments superseded by this Act).

London Local Authorities Act 2004

171 In section 13(3) of the London Local Authorities Act 2004 (defacement of
buildings: protection of universal postal service providers)—

(a) for “the Postal Services Act 2000 (c. 26)2000 (c. 26)” substitute “Part 3 of the
20Postal Services Act 2011”, and

(b) for “section 86(4) of that Act” substitute “section 86(4) of the Postal
Services Act 2000”.

Gambling Act 2005

172 In Schedule 16 to the Gambling Act 2005, omit paragraph 15 (which made
25amendments superseded by this Act).

Railways Act 2005

173 In Schedule 12 to the Railways Act 2005, omit paragraph 15 (which made
amendments superseded by this Act).

Legislative and Regulatory Reform Act 2006

174 30In section 24(5) of the Legislative and Regulatory Reform Act 2006 (functions
to which sections 21 and 22 apply), omit paragraph (d).

Consumer, Estate Agents and Redress Act 2007

175 The Consumers, Estate Agents and Redress Act 2007 is amended as follows.

176 In the following provisions (which relate to postal services in Northern
35Ireland), for “relevant postal services” substitute “postal services”—

• section 2(1)(c)(ii),

• section 3(2)(b) and (4)(a),

Postal Services BillPage 153

• section 4(1)(b) and (5)(b),

• section 5(4)(b), and

• section 38(2)(c).

177 (1) Section 15 (reference of matters to the Postal Services Commission) is
5amended as follows.

(2) For the heading substitute “Reference of postal matters to OFCOM”.

(3) In subsection (1)—

(a) in the opening words, for “the Postal Services Commission (“the
Commission”)” substitute “the Office of Communications
10(“OFCOM”)”, and

(b) in paragraph (a), for “a condition of a licence under Part 2 of the
Postal Services Act 2000” substitute “a regulatory condition imposed
under Part 3 of the Postal Services Act 2011”.

(4) In subsection (2), for “the Commission”, in both places, substitute
15“OFCOM”.

178 In section 16(2) (investigations relating to public post offices), for “section
42(3)” substitute “section 125(1)”.

179 In section 24(9) (provision of information: definitions), in the definition of
“designated regulator”), for paragraph (b) substitute—

“(b) 20the Office of Communications;”.

180 (1) Section 25 (enforcement by regulator of section 24 notice) is amended as
follows.

(2) In subsection (3), in the table, for the entry relating to a person holding a
licence under Part 2 of the Postal Services Act 2000 substitute—

(3) After subsection (6) insert—

“(6A) An obligation imposed by virtue of subsection (5) on a postal
operator is enforceable by OFCOM under Schedule 7 to the Postal
Services Act 2011 (enforcement of regulatory requirements).”

181 30In section 29(3)(b) (disclosure of information: application of Part 9 of the
Enterprise Act 2002), for “the Postal Services Act 2000” substitute “the Postal
Services Act 2011”.

182 (1) Section 41 (interpretation of Part 1) is amended as follows.

(2) At the appropriate place insert—

• 35““postal operator” has the same meaning as in Part 3 of the
  Postal Services Act 2011 (see section 65 of that Act);”.

(3) In the definition of “postal services”, for “Postal Services Act 2000 (see
section 125(1) of that Act)” substitute “Part 3 of the Postal Services Act 2011
(see section 65 of that Act)”.

(4) 40Omit the definition of “relevant postal services”.

183 In section 42 (interpretation of Part 2), omit the entry relating to a person
holding a licence under Part 2 of the Postal Services Act 2000.

184 (1) Section 45 (information with respect to compliance with complaints
handling standards) is amended as follows.

(2) 5After subsection (1) insert—

“(1A) This section also applies in relation to standards for the handling of
complaints made about postal operators by users of their services
which are contained in consumer protection conditions imposed
under Part 3 of the Postal Services Act 2011.”

(3) 10In subsection (2), after “providers” insert “or postal operators”.

185 In section 52, omit subsection (4) (which made amendments superseded by
this Act).

186 In section 60(10) (orders and regulations: meaning of “regulator”), omit
paragraph (b) (together with the “or” before it).

187 15In section 65 (extent), omit subsections (4) and (5).

188 Omit the following provisions (which made amendments superseded by
this Act)—

(a) paragraphs 30 and 31 of Schedule 1,

(b) paragraph 3 of Schedule 2,

(c) 20paragraph 3 of Schedule 5, and

(d) paragraphs 12 to 16 of Schedule 7.

Legal Services Act 2007

189 In paragraph 11(9) of Schedule 14 to the Legal Services Act 2007 (mail and
other forms of communication), for “section 125(1) of the Postal Services Act
252000 (c. 26)2000 (c. 26)” substitute “section 27 of the Postal Services Act 2011”.

London Local Authorities Act 2007

190 In section 75 of the London Local Authorities Act 2007 (mail forwarding
businesses), for subsection (11) substitute—

“(11) Nothing in subsection (1) or (6) above shall apply to—

(a) 30a postal operator providing a service within the scope of the
universal postal service (within the meaning of Part 3 of the
Postal Services Act 2011), or

(b) a Post Office company (within the meaning of Part 1 of that
Act).”

35Regulatory Enforcement and Sanctions Act 2008

191 (1) Section 73 of the Regulatory Enforcement and Sanctions Act 2008 (functions
to which section 72 applies) is amended as follows.

(2) In subsection (2), for paragraph (d) (together with the “and” at the end of it)
substitute—

“(d) 40the Office of Communications in relation to postal services,
and”.

(3) After subsection (10) insert—

“(10A) In subsection (2)(d) “postal services” has the same meaning as in Part
3 of the Postal Services Act 2011.”