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Postal Services Bill

This is the text of the Postal Services Bill, as presented to the House of Commons on 27th January 2000.

 
EXPLANATORY NOTES

Explanatory Notes to the Bill, prepared by the Department of Trade and Industry, is published separately as Bill 54- EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Mr Secretary Byers has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Postal Services Bill are compatible with the Convention rights.

 
  
Postal Services Bill
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
INTRODUCTORY
Clause 
1.The Postal Services Commission.
2.The Consumer Council for Postal Services.
3.Duty of the Commission to ensure provision of a universal postal service.
4.Provision of a universal postal service: meaning.
5.Other duties of the Commission in the consumer interest.

PART II
LICENCES FOR POSTAL SERVICES
Restriction on provision of postal services
6.Restriction on provision of postal services.
7.Exceptions from section 6.
8.Power to modify section 7 by order.
9.General power to suspend the restriction.
10.Emergency power to suspend the restriction.

Licences
11.Licences: general.
12.Licences: grant.
13.Licences: conditions and other provisions.

Enforcement orders
14.Final orders.
15.Provisional orders.
16.Confirmation of provisional orders.
17.Exceptions from duty to make or confirm enforcement orders.
18.Enforcement orders: main procedural requirements.
19.Enforcement orders: further procedural requirements.
20.Effect of enforcement orders.

Financial penalties
21.Financial penalties.
22.Statement of policy in relation to penalties.
23.Imposition of penalties: main procedural requirements.
24.Penalties: further procedural requirements.
25.Time-limits on the imposition of penalties.
26.Interest and payments by instalment.
27.Appeals.
28.Recovery of penalties.

Miscellaneous
29.Register.
30.Free services for the blind and partially sighted.

PART III
OTHER FUNCTIONS OF THE COMMISSION AND THE COUNCIL
The Commission
31.Duties in relation to public post offices.
32.Duties in relation to social and environmental matters.
33.Review and information.
34.Annual and other reports: the Commission.
35.Publication of information and advice: the Commission.
36.Power of the Commission to require information.
37.Information powers: enforcement.
38.Powers of entry and seizure.
39.Codes of practice.

The Council
40.Relevant postal issues.
41.Provision of advice and information to public authorities and licence holders.
42.Publication of information to users.
43.Exercise of functions: general.
44.Annual and other reports: the Council.
45.Complaints referred to the Council.
46.Power of the Council to investigate other matters.
47.Power of the Council to require information.

The Commission and the Council
48.Provision of information by the Council to the Commission.
49.Memorandum of understanding.
50.Forward work programmes.

PART IV
REORGANISATION OF THE POST OFFICE
Transfer of property etc.
51.Transfer of property etc. to nominated company.

The Post Office company etc: government holdings
52.Government holding in the Post Office company and its subsidiaries.
53.Government investment in securities of the Post Office company and its subsidiaries.

The Post Office company etc: restrictions on dealings
54.Restriction on issue of shares to third parties.
55.Restriction on disposals of shares to third parties.
56.Approved disposals.

Financial provisions
57.Loans by the Secretary of State to the Post Office company and its subsidiaries.
58.Guarantees by the Secretary of State for the Post Office company and its subsidiaries.
59.Extinguishment of certain liabilities.
60.Limit on loans and other arrangements with government.
61.Reserves of the Post Office company and its subsidiaries.

Dissolution of the Post Office
62.Dissolution of the Post Office.

Supplementary provisions
63.Accounts of the Secretary of State in relation to loans.
64.Accounts and directors' reports of the Post Office company.
65.Information requirements on the Post Office company.
66.Exercise of functions through nominees.
67.Interpretation: Part IV.

PART V
OFFENCES IN RELATION TO POSTAL SERVICES
Offences of interfering with the mail
68.Interfering with the mail: postal operators.
69.Interfering with the mail: general.

Prohibition on sending certain articles by post
70.Prohibition on sending certain articles by post.

Additional protection for universal postal service
71.Prohibition on affixing advertisements on certain letter boxes etc.
72.Prohibition on misleading descriptions.
73.Obstruction of business of universal service providers.

PART VI
UNIVERSAL POSTAL SERVICE: SUPPLEMENTARY
Schemes and limitation of liability
74.Schemes as to terms and conditions for provision of a universal postal service.
75.Exclusion of liability.
76.Limited liability for registered inland packets.
77.Section 76: supplementary.
78.Power to modify sections 74 to 77.

Land
79.Provision relating to land.

Inviolability of mails
80.Inviolability of mails.
81.Harbour charges on mail-bags.
82.Mail-bags not to be subject to control by harbour authorities.

Common carriers
83.Common carriers.

Certain exemptions from postage etc.
84.Certain exemptions from postage etc.

PART VII
MISCELLANEOUS AND SUPPLEMENTARY
Reserve powers of the Secretary of State
85.Directions in interests of national security etc.
86.Power to ensure compliance with the Postal Services Directive.

Conditions of transit of postal packets
87.Conditions of transit of postal packets.

Evidential provisions
88.Evidence of amount of postage etc.
89.Evidence of thing being a postal packet.
90.Certificates in relation to universal postal service letter boxes.

Other
91.Extension of existing powers relating to the Post Office.
92.The Postcode Address File.
93.General restrictions on disclosure of information.

General
94.Offences by bodies corporate.
95.Service of documents.
96.Orders.
97.Directions.
98.General financial provision.
99.Interpretation.
100.Index of defined expressions.
101.General amendments and repeals.
102.Modifications of local enactments etc.
103.Transitional provisions etc.

Final
104.Commencement.
105.Short title and extent.
 

SCHEDULES:
    Schedule 1-The Postal Services Commission.
    Schedule 2-The Consumer Council for Postal Services.
    Schedule 3-Transfer to the Post Office company: supplementary provisions.
    Schedule 4-Acquisition of land.
    Part I-Powers of acquisition etc.
    Part II-Procedure, compensation etc (England and Wales).
    Part III-Procedure, compensation etc (Scotland).
    Part IV-Procedure, compensation etc (Northern Ireland).
    Schedule 5-Further provisions relating to land.
    Schedule 6-Disclosure of information.
    Schedule 7-Amendments of enactments.
    Schedule 8-Repeals and revocations.
 

 
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Prepared 28 January 2000