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Postal Services Bill

This is the text of the Postal Services Bill, as amended in Committee in the House of Commons and printed on 21st March 2000.

 
 
  
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.

Modification of licences
14.Modification of licences by agreement.
15.References to the Competition Commission.
16.Reports on references.
17.Modification following report.
18.Power of intervention of the Competition Commission.
19.Procedural requirements in relation to modifications.
20.Application of competition legislation to references etc.
21.Modification by order under other enactments.

Enforcement orders
22.Final orders.
23.Provisional orders.
24.Confirmation of provisional orders.
25.Exceptions from duty to make or confirm enforcement orders.
26.Enforcement orders: main procedural requirements.
27.Enforcement orders: further procedural requirements.
28.Validity of enforcement orders.
29.Effect of enforcement orders.

Financial penalties
30.Financial penalties.
31.Statement of policy in relation to penalties.
32.Imposition of penalties: main procedural requirements.
33.Penalties: further procedural requirements.
34.Time-limits on the imposition of penalties.
35.Interest and payments by instalment.
36.Appeals.
37.Recovery of penalties.

Miscellaneous
38.Register.
39.Directors' remuneration.
40.Free services for the blind and partially sighted.

PART III
OTHER FUNCTIONS OF THE COMMISSION AND THE COUNCIL
The Commission
41.Duties in relation to public post offices.
42.Duties in relation to social and environmental matters.
43.Review and information.
44.Annual and other reports: the Commission.
45.Publication of information and advice: the Commission.
46.Power of the Commission to require information.
47.Information powers: enforcement.
48.Powers of entry and seizure.
49.Codes of practice.

The Council
50.Relevant postal issues.
51.Provision of advice and information to public authorities and licence holders.
52.Publication of information to users.
53.Exercise of functions: general.
54.Annual and other reports: the Council.
55.Complaints referred to the Council.
56.Power of the Council to investigate other matters.
57.Power of the Council to require information.

The Commission and the Council
58.Provision of information by the Council to the Commission.
59.Memorandum of understanding.
60.Forward work programmes.

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

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

The Post Office company etc: restrictions on dealings
64.Restriction on issue of shares to third parties.
65.Restriction on disposals of shares to third parties.
66.Approved disposals.

Financial provisions
67.Loans by the Secretary of State to the Post Office company and its subsidiaries.
68.Guarantees by the Secretary of State for the Post Office company and its subsidiaries.
69.Extinguishment of certain liabilities.
70.Limit on loans and other arrangements with government.
71.Reserves of the Post Office company and its subsidiaries.
72.Statutory accounts of the Post Office company.
73.Further provisions relating to the capital structure of the Post Office company.

Dissolution of the Post Office
74.Dissolution of the Post Office.

Supplementary provisions
75.Accounts of the Secretary of State in relation to loans.
76.Publicity requirements for certain accounts and reports of the Post Office company.
77.Information requirements on the Post Office company.
78.Exercise of functions through nominees.
79.Shadow directors.
80.Interpretation: Part IV.

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

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

Additional protection for universal postal service
84.Prohibition on affixing advertisements on certain letter boxes etc.
85.Prohibition on misleading descriptions.
86.Obstruction of business of universal service providers.

PART VI
UNIVERSAL POSTAL SERVICE: SUPPLEMENTARY
Schemes and limitation of liability
87.Schemes as to terms and conditions for provision of a universal postal service.
88.Exclusion of liability.
89.Limited liability for registered inland packets.
90.Section 89: supplementary.
91.Power to modify sections 87 to 90.

Land
92.Provision relating to land.

Inviolability of mails
93.Inviolability of mails.
94.Harbour charges on mail-bags.
95.Mail-bags not to be subject to control by harbour authorities.

Common carriers
96.Common carriers.

Certain exemptions from postage etc.
97.Certain exemptions from postage etc.

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

Conditions of transit of postal packets
100.Conditions of transit of postal packets.

Evidential provisions
101.Evidence of amount of postage etc.
102.Evidence of thing being a postal packet.
103.Certificates in relation to universal postal service letter boxes.

Other
104.Extension of existing powers relating to the Post Office.
105.The Postcode Address File.
106.General restrictions on disclosure of information.

General
107.Offences by bodies corporate.
108.Service of documents.
109.Orders.
110.Directions.
111.General financial provision.
112.Interpretation.
113.Index of defined expressions.
114.General amendments and repeals.
115.Modifications of local enactments etc.
116.Transitional provisions etc.

Final
117.Commencement.
118.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 22 March 2000