 | |
| Certificates in relation to universal postal service letter boxes. |
90. A certificate given by or on behalf of a universal service provider to the effect that any box or receptacle is or was provided by the provider concerned for the purpose of receiving postal packets, or any class of postal packets, for onwards transmission in connection with the provision of a universal postal service, shall, unless the contrary is shown, be sufficient proof in any legal proceedings of the facts stated.
|
| |
Other |
| Extension of existing powers relating to the Post Office. |
91. - (1) In section 7(2) of the Post Office Act 1969 (powers of the Post Office) after paragraph (r) there shall be inserted-
|
| |
 |
"(s) to enter into any form of financial transaction which it considers to be expedient and which does not fall within any of the preceding paragraphs;". |
|
| |
(2) After section 37(1) of that Act (loans by the Secretary of State to the Post Office) there shall be inserted-
|
| |
|
"(1A) The Secretary of State may with the approval of the Treasury make loans to any subsidiary of the Post Office."
|
|
| |
(3) After section 37(2) of that Act there shall be inserted-
|
| |
|
"(2A) The power of the Secretary of State to make loans under this section includes power to make loans in currencies other than sterling."
|
|
| |
(4) After section 37(3) of that Act (power to issue sums out of the National Loans Fund) there shall be inserted-
|
| |
|
"(3A) Such sums may be issued in sterling or in a currency other than sterling (whether or not the loan is to be in that currency)."
|
|
| |
(5) In section 73 of the British Telecommunications Act 1981 (borrowing powers of the Post Office etc), in subsection (1)(a) and (2)(a), after "sterling" there shall, in each case, be inserted "or a currency other than sterling".
|
| |
(6) In section 74(2) of that Act (limit of indebtedness of the Post Office and its subsidiaries)-
|
| |
(a) after sub-paragraph (i) there shall be inserted- |
| |
|
"(ia) money borrowed by any other subsidiary of the Post Office under section 37(1A) of the 1969 Act;",
|
|
| |
(b) for "£1,200 million" there shall be substituted "£5,000 million", and |
| |
(c) the words ", not exceeding £1,700 million," shall be repealed. |
| The Postcode Address File. |
92. - (1) The owner for the time being of the Postcode Address File shall-
|
| |
(a) maintain the File, and |
| |
(b) make the File available to any person who wishes to use it on such terms as are reasonable. |
| |
(2) Compliance with subsection (1) shall be enforceable by civil proceedings brought by the Commission for an injunction or for interdict or for any other appropriate relief or remedy.
|
| |
(3) In this section-
|
| |
"the Postcode Address File" means- |
| |
(a) the collection of relevant information which, immediately before the coming into force of this section, was owned by the Post Office, or
|
| |
(b) that collection as it is from time to time revised, and
|
| |
"relevant information" means postcodes in the United Kingdom which may be used to facilitate the identification of delivery points for the purpose of providing postal services. |
| |
(4) The terms which may be imposed under subsection (1)(b) include terms as to the payment of such fee (if any) as the owner considers appropriate.
|
| General restrictions on disclosure of information. |
93. Schedule 6 (which makes provision about disclosure of information) shall have effect.
|
| |
General |
| Offences by bodies corporate. |
94. - (1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of-
|
| |
(a) a director, manager, secretary or other similar officer of the body corporate, or |
| |
(b) a person purporting to act in such a capacity, |
| |
he as well as the body corporate commits the offence and shall be liable to be proceeded against and punished accordingly.
|
| |
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
|
| |
(3) Where an offence under this Act is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership commits the offence and shall be liable to be proceeded against and punished accordingly.
|
| Service of documents. |
95. - (1) Any document required or authorised by virtue of this Act to be served on any person may be served-
|
| |
(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address, |
| |
(b) if the person is a body corporate, by serving it in accordance with paragraph (a) on the secretary of the body, or |
| |
(c) if the person is a partnership, by serving it in accordance with paragraph (a) on a partner or a person having the control or management of the partnership business. |
| |
(2) For the purposes of this section and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that-
|
| |
(a) in the case of service on a body corporate or its secretary, it shall be the address of the registered or principal office of the body, |
| |
(b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership. |
| |
(3) For the purposes of subsection (2) the principal office of a company constituted under the law of a country or territory outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
|
| |
(4) Subsection (5) applies if a person to be served under this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined under subsection (2)) as the one at which he or someone on his behalf will accept documents of the same description as that document.
|
| |
(5) In relation to that document, that address shall be treated as his proper address for the purposes of this section and section 7 of the Interpretation Act 1978 in its application to this section, instead of that determined under subsection (2).
|
| |
(6) This section does not apply to any document if rules of court make provision about its service.
|
| |
(7) In this section references to serving include references to similar expressions (such as giving or sending).
|
