 | |
| Orders. |
96. - (1) Any power of the Secretary of State to make an order under this Act shall be exercisable by statutory instrument.
|
| |
(2) Any power of the Secretary of State to make an order under this Act-
|
| |
(a) may be exercised so as to make different provision for different purposes, |
| |
(b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate. |
| |
(3) The power of the Secretary of State under section 9, 10 or 86 (including that power as extended by this section) may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.
|
| |
(4) The power of the Secretary of State under section 8 or 78 as extended by this section may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.
|
| |
(5) The power of the Secretary of State under paragraph 2 of Schedule 3 (including that power as extended by this section) may be exercised by modifying any enactment.
|
| |
(6) An order under any of the following provisions shall be subject to annulment in pursuance of a resolution of either House of Parliament: sections 10, 29(8), 47(7), 48(2), 59, 86 and 102 and paragraph 2 of Schedule 3 and paragraph 4 of Schedule 6.
|
| |
(7) No order shall be made under section 8, 9, 78 or 101(1) unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
|
| Directions. |
97. - (1) A person to whom a direction is given under this Act shall give effect to it.
|
| |
(2) Any power conferred by this Act to give a direction shall include power to vary or revoke the direction.
|
| |
(3) Any direction given under this Act shall be in writing.
|
| General financial provision. |
98. - (1) There shall be paid out of money provided by Parliament-
|
| |
(a) any expenditure incurred by the Treasury or the Secretary of State in consequence of this Act (apart from any expenditure to be met from the National Loans Fund), and |
| |
(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment. |
| |
(2) There shall be paid out of, or into, the National Loans Fund any increase attributable to this Act in the sums so payable under any other enactment.
|
| |
(3) There shall be paid into the Consolidated Fund any sums received by the Treasury, the Secretary of State or the Commission in consequence of this Act (apart from any sums required to be paid into the National Loans Fund).
|
| Interpretation. |
99. - (1) In this Act, unless the context otherwise requires-
|
| |
"contravention", in relation to any requirement, condition, direction, order or regulations, includes any failure to comply with it and cognate expressions shall be construed accordingly, |
| |
"correspondent", in relation to a postal packet, means the sender or the person to whom it is addressed, |
| |
"employee", in relation to a body corporate, includes any officer or director of the body corporate and any other person taking part in its management, and "employer" and other related expressions shall be construed accordingly, |
| |
"enactment" includes an Act of the Scottish Parliament, Northern Ireland legislation (within the meaning of the Northern Ireland Act 1998) and an enactment comprised in subordinate legislation, |
| |
"financial year" means a year ending with 31st March, |
| |
"foreign postal administration" means a postal administration outside the United Kingdom, |
| |
"hovercraft" has the same meaning as in the Hovercraft Act 1968, |
| |
"letter" means any communication in written form on any kind of physical medium to be conveyed and delivered to the address indicated by the sender on the item itself or on its wrapping (excluding any book, catalogue, newspaper or periodical), |
| |
"mail-bag" includes any form of container or covering in which postal packets in the course of transmission by post are enclosed by a postal operator in the United Kingdom or a foreign postal administration for the purpose of conveyance by post, whether or not it contains any such packets, |
| |
"modify" includes amend or repeal, |
| |
"Northern Ireland junior Minister" means a member of the Northern Ireland Assembly appointed as a junior Minister under section 19 of the Northern Ireland Act 1998, |
| |
"Northern Ireland Minister" includes the First Minister and the Deputy First Minister in Northern Ireland, |
| |
"notice" means notice in writing, |
| |
"post office" includes any house, building, room, vehicle or place used for the purposes of a postal operator, |
| |
"post office letter box" includes any pillar box, wall box, or other box or receptacle provided by a postal operator for the purpose of receiving postal packets, or any class of postal packets, for onwards transmission by post, |
| |
"postal operator" means a person who provides postal services, |
| |
"postal packet" means a letter, parcel, packet or other article transmissible by post, |
| |
"postal services" means the service of conveying postal packets from one place to another by post, the incidental services of receiving, collecting and delivering such packets and any other service which relates to such services, |
| |
"the Postal Services Directive" means the Directive of the European Parliament and the Council of the European Communities of 15th December 1997 (No. 97/67/EC) on common rules for the development of the internal market of Community postal services and the implementation of quality of service, |
| |
"public holiday" means Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom, |
| |
"registered post service" means a service which provides for the registration of postal packets and for the payment of compensation for any loss or damage, |
| |
"sender", in relation to any letter or other communication, means the person whose communication it is, |
| |
"ship" includes any boat, vessel or hovercraft, |
| |
"subordinate legislation" has the same meaning as in the Interpretation Act 1978 and also includes an instrument made under an Act of the Scottish Parliament and an instrument made under Northern Ireland legislation (within the meaning of section 98(1) of the Northern Ireland Act 1998), |
| |
"users", in relation to postal services, includes users as addressees and potential users, |
| |
"vehicle" includes a railway vehicle, and |
| |
|
| |
(a) in relation to the collection and delivery of letters, any day which is not a Sunday or a public holiday,
|
| |
(b) in relation to the collection and delivery of postal packets other than letters, any day which is not a Saturday, a Sunday or a public holiday.
|
| |
(2) For the purposes of this Act-
|
| |
(a) a postal packet shall be taken to be in course of transmission by post from the time of its being delivered to any post office or post office letter box to the time of its being delivered to the addressee, |
| |
(b) the delivery of a postal packet of any description to a letter carrier or other person authorised to receive postal packets of that description for the post or to a person engaged in the business of a postal operator to be dealt with in the course of that business shall be a delivery to a post office, and |
| |
(c) the delivery of a postal packet- |
| |
(i) at the premises to which it is addressed or redirected, unless they are a post office from which it is to be collected,
|
| |
(ii) to any box or receptacle to which the occupier of those premises has agreed that postal packets addressed to persons at those premises may be delivered, or
|
| |
(iii) to the addressee's agent or to any other person considered to be authorised to receive the packet,
|
| |
shall be a delivery to the addressee. |
| |
(3) Any reference in this Act to a subsidiary or wholly owned subsidiary shall be construed in accordance with section 736 of the Companies Act 1985 or Article 4 of the Companies (Northern Ireland) Order 1986.
|
| Index of defined expressions. |
100. In this Act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.
|
| |
Expression |
Provision of this Act |
The Commission |
Section 1(1) |
Condition of a licence |
Section 13(5) |
Contravention |
Section 99(1) |
Correspondent |
Section 99(1) |
Course of transmission by post |
Section 99(2) |
The Council |
Section 2(1) |
Delivery to addressee |
Section 99(2) |
Delivery (in certain other circumstances) |
Section 99(2) |
Employee |
Section 99(1) |
Enactment |
Section 99(1) |
Final order |
Section 14(5) |
Financial year |
Section 99(1) |
Foreign postal administration |
Section 99(1) |
Hovercraft |
Section 99(1) |
Letter |
Section 99(1) |
Mail-bag |
Section 99(1) |
Modify |
Section 99(1) |
Northern Ireland junior Minister |
Section 99(1) |
Northern Ireland Minister |
Section 99(1) |
Notice |
Section 99(1) |
Post office |
Section 99(1) |
Post office letter box |
Section 99(1) |
Postal operator |
Section 99(1) |
Postal packet |
Section 99(1) |
Postal services |
Section 99(1) |
The Postal Services Directive |
Section 99(1) |
Provision of a universal postal service |
Section 4(1), (2) and (5) |
Provisional order |
Section 15(8) |
Public holiday |
Section 99(1) |
Regional committee |
Section 43(4) |
Registered post service |
Section 99(1) |
Sender |
Section 99(1) |
Ship |
Section 99(1) |
Subordinate legislation |
Section 99(1) |
Subsidiary |
Section 99(3) |
Universal postal service letter box |
Section 71(4) |
Universal postal service post office |
Section 71(4) |
Universal service provider |
Section 4(3) |
Users |
Section 99(1) |
Vehicle |
Section 99(1) |
Wholly owned subsidiary |
Section 99(3) |
Working day |
Section 99(1) |
|
| General amendments and repeals. |
101. - (1) The Secretary of State may by order make such modifications in any enactment, instrument or other document as appear to him necessary or expedient in consequence of this Act.
|
| |
(2) Schedule 7 (which contains amendments of enactments) shall have effect.
|
| |
(3) Schedule 8 (which contains repeals and revocations of enactments including enactments which are already obsolete or unnecessary) shall have effect.
|
