S.C.B.
Amendment Paper as at
Tuesday 21st March 2000
STANDING COMMITTEE B
POSTAL SERVICES BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [16th March], as follows:
Clauses 68 to 79, Schedules 4 and 5, Clauses 80 to 92, Clauses 94 to 100, Clauses 102 to 105, new Clauses, new Schedules, Clause 93, Schedule 6, Clause 101, Schedules 7 and 8.
Mr Alan Johnson
147
Clause 96, page 52, line 19, after '59,' insert '[Further provisions relating to the capital structure of the Post Office company],'.
Mr Alan Johnson
159
Clause 99, page 53, line 9, at end insert 'and includes an enactment comprised in, or in subordinate legislation under, an Act of Parliament, whenever passed or made'.
Mr Alan Duncan
Mr Richard Page
121
Clause 99, page 53, line 17, at end insert ', but shall exclude any communication which has been converted into a physical form by a postal operator from electronic data transmitted to him by means of a telecommunications system'.
Mr Alan Johnson
148
Clause 104, page 56, line 24, after second 'to' insert '90, sections 92 and'.
Mr Alan Johnson
149
Clause 104, page 56, line 27, at end insert—
'( ) Section 91 shall come into force at the end of the period of two months beginning with the day on which this Act is passed.'.
NEW CLAUSES
Further provisions relating to the capital structure of the Post Office company
Mr Alan Johnson
NC3
To move the following Clause:—
'.—(1) If the Secretary of State so directs, the Post Office company shall be taken to have assumed a debt to the Secretary of State of such amount as may be specified in the direction.
(2) The terms of any such debt, including the terms as to the payment of interest and repayment, shall be such as the Secretary of State may from time to time determine.
(3) The Post Office company shall issue such debt securities of the company as the Secretary of State may direct; and any such securities shall, as the Secretary of State may direct, be issued to the Treasury or the Secretary of State.
(4) Debt securities to be issued in pursuance of subsection (3) shall be issued at such time or times, and on such terms, as the Secretary of State may direct.
(5) Subsections (3) and (4) are without prejudice to any power conferred by section 52.
(6) The Secretary of State may by order repeal this section.
(7) The Secretary of State—
(a) shall not exercise any power under this section without the consent of the Treasury or before the appointed day, and
(b) shall, before exercising any such power, consult the Post Office company.
(8) In this Part "debt securities" means any instrument creating or acknowledging indebtedness which is issued by a company including, in particular, debentures, loan stock, bonds and certificates of deposit.'.
Validity of enforcement orders
Mr Alan Johnson
NC4
To move the following Clause:—
'.—(1) This section applies if a licence holder to whom a final or provisional order relates is aggrieved by the order and wants to question its validity on the ground that—
(a) its making or confirmation was not within the powers conferred by section 14, 15 or (as the case may be) 16, or
(b) any of the requirements of sections 18 and 19 have not been complied with in relation to the making or confirmation of the order.
(2) The licence holder may apply to the court.
(3) If a copy of the order as made or confirmed was served on the licence holder the application to the court shall be made within the period of 42 days starting with the day on which the copy was served on the licence holder.
(4) On an application under this section the court may quash the order or any provision of it if the court considers it appropriate to do so and is satisfied that—
(a) the making or confirmation of the order was not within the powers conferred by section 14, 15 or (as the case may be) 16, or
(b) any of the requirements of sections 18 and 19 have not been complied with in relation to the making or confirmation of the order and the interests of the licence holder have been substantially prejudiced by the non-compliance.
(5) Where an application has been made under this section, the licence holder concerned shall not be required to comply with the order to which the application relates until the application has been determined, withdrawn or otherwise dealt with; and section 20 shall be construed accordingly.
(6) Except as provided by this section, the validity of a final or provisional order shall not be questioned in any legal proceedings.
(7) In this section "the court" means,
(a) in relation to England and Wales or Northern Ireland, the High Court,
(b) in relation to Scotland, the Court of Session.'.
Statutory accounts of the Post Office company
Mr Alan Johnson
NC5
To move the following Clause:—
'.—(1) For the purposes of any statutory accounts of the Post Office company—
(a) the transfer effected by virtue of section 51 shall be taken to have been a transfer of all the property, rights and liabilities to which the Post Office was entitled or subject immediately before the end of the last accounting year of the Post Office ending before the appointed day and to have been effected immediately after the end of that year, and
(b) the value or amount (as at the time of transfer) of any asset or liability of the Post Office taken to have been transferred to the Post Office company by virtue of paragraph (a) shall be taken to be the value or (as the case may be) the amount assigned to that asset or liability for the purposes of the corresponding statement of accounts prepared by the Post Office in relation to that year.
(2) For the purposes of any statutory accounts of the Post Office company the amount to be included in respect of any item shall be determined as if anything done by the Post Office (whether by way of acquiring, revaluing or disposing of any asset or incurring, revaluing or discharging any liability, or by carrying any amount to any provision or reserve, or otherwise) had been done by the Post Office company.
(3) Accordingly (but without prejudice to the generality of subsection (2))—
(a) the amount to be included from time to time in any reserves of the Post Office company as representing its accumulated realised profits shall be determined as if any profits realised and retained by the Post Office had been realised and retained by the Post Office company, and
(b) the amount to be included from time to time in any statutory accounts of the Post Office company as representing its accumulated realised losses shall be determined as if any losses realised by the Post Office had been realised by the Post Office company.
(4) In this section "statutory accounts", in relation to the Post Office company, means any accounts of that company prepared for the purposes of any provision of the Companies Act 1985 (including group accounts).'.
Modification of licences by agreement
Mr Alan Johnson
NC6
To move the following Clause:—
'.—(1) The Commission may modify the conditions of a licence if its holder consents to the modifications.
(2) Before making modifications under this section the Commission shall—
(a) give notice of the modifications, and
(b) consider any representations made in accordance with the notice and not withdrawn.
(3) The notice shall state—
(a) that the Commission proposes to make the modifications,
(b) the effect of the modifications,
(c) the reasons for the modifications, and
(d) the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made in relation to the proposed modifications.
(4) A notice under subsection (2) shall be given by—
(a) serving a copy of the notice on the licence holder, the Council and the Secretary of State, and
(b) publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.
(5) The Secretary of State may, within the period stated under subsection (3)(d), direct the Commission not to make any proposed modification if he considers that the modification should be made, if at all, under section (Modification following report).
(6) As soon as practicable after making modifications under this section the Commission shall send a copy of the modifications to the licence holder, the Council and the Secretary of State.'.
References to the Competition Commission
Mr Alan Johnson
NC7
To move the following Clause:—
'.—(1) The Commission may make to the Competition Commission a reference requiring the Competition Commission to investigate and report on—
(a) whether any matters, which are specified in the reference and which relate to the provision of postal services whose provision is authorised or required by a licence, operate against the public interest or may be expected to do so,
(b) if so, whether the effects adverse to the public interest which the matters have or may be expected to have could be remedied or prevented by modifying the conditions of the licence.
(2) The Commission may at any time by notice given to the Competition Commission vary a reference by adding to the matters specified in it or by excluding from it one or more of those matters; and on receiving a notice the Competition Commission shall give effect to the variation.
(3) The Commission may, for the purpose of assisting the Competition Commission in its investigation on the reference or the reference as varied, specify in the reference or a variation of it—
(a) any effects adverse to the public interest which it considers that the matters specified in the reference or variation have or may be expected to have,
(b) any modifications of the conditions of the licence by which it considers that those effects could be remedied or prevented.
(4) As soon as practicable after making a reference or variation the Commission shall give notice of it by—
(a) serving a copy of the reference or variation on the licence holder and the Secretary of State, and
(b) publishing particulars of the reference or variation in such manner as the Commission considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.
(5) The Secretary of State may, before the end of the period of 28 days starting with the day on which he receives the copy, direct the Competition Commission not to proceed with the reference or not to give effect to the variation.
(6) The Commission shall, for the purpose of assisting the Competition Commission in carrying out an investigation on a reference under this section, give to the Competition Commission—
(a) any information the Commission has which relates to matters within the scope of the investigation and which the Competition Commission requests,
(b) any information the Commission has which relates to matters within the scope of the investigation and which the Commission considers that it would be appropriate for it to give without a request,
(c) any other assistance which the Commission is able to give in relation to matters within the scope of the investigation and which the Competition Commission requests.
(7) In carrying out the investigation concerned the Competition Commission shall have regard to any information given under subsection (6).
(8) In deciding under this section whether a matter operates, or may be expected to operate, against the public interest the Competition Commission shall have regard to the matters as respects which duties are imposed on the Commission by sections 3 and 5.'.
