Amendment Paper as at
Tuesday 18th April 2000
CONSIDERATION OF BILL
POSTAL SERVICES BILL, AS AMENDED
NEW CLAUSES
Subsidy for public post offices
Mr Secretary Byers
NC1
To move the following Clause:—
'.—(1) The Secretary of State may by order make a scheme for the making of payments for the purpose of—
(a) assisting in the provision of public post offices or public post offices of a particular description, or
(b) assisting in the provision of services to be provided from public post offices or public post offices of a particular description.
(2) A scheme under this section which provides for the making of payments for a purpose falling within subsection (1)(b) shall ensure that no such payments may be made unless the person deciding whether to make the payments considers that the provision of the services concerned from public post offices or public post offices of a particular description would assist in the provision of public post offices or (as the case may be) public post offices of that description.
(3) Payments under a scheme under this section shall be made by the Secretary of State or by another person out of money provided by the Secretary of State.
(4) A scheme under this section shall specify—
(a) the descriptions of payments which may be made under the scheme,
(b) the descriptions of persons to whom such payments may be made,
(c) the person by whom such payments may be made,
(d) criteria to which that person is to have regard in deciding whether to make such payments, and
(e) the amounts of such payments or the basis on which such amounts are to be calculated.
(5) A scheme under this section may, in particular, provide for—
(a) payments under the scheme to be made subject to conditions specified in or determined under the scheme (including conditions as to repayment),
(b) the delegation of functions exercisable by virtue of the scheme (including the delegation of any discretion conferred by virtue of the scheme),
(c) the modification of the functions of a body established by an enactment, or the functions of the holder of an office created by an enactment, for the purpose of enabling the person concerned to exercise any functions conferred on that person by virtue of the scheme,
(d) the payment by the Secretary of State of fees to any person in respect of functions exercised by that person by virtue of the scheme.
(6) The power to make a scheme under this section shall not be exercised without the consent of the Treasury.'.
As Amendments to Mr Secretary Byers's proposed New Clause (NC1) (Subsidy for public post offices):
Mr Brian Cotter
Dr Vincent Cable
(a)
Line 1, leave out 'may' and insert 'shall'.
Mr Brian Cotter
Dr Vincent Cable
(b)
Line 35, at end add—
'(7) The Secretary of State shall make an order under this section within three months of the commencement of this Act'.
Recovery of costs of the Council etc.
Mr Secretary Byers
NC2
To move the following Clause:—
'. The Secretary of State may give directions to the Commission as to—
(a) the inclusion in any licence of conditions requiring the payment of sums relating to the expenses of the Council or of the Secretary of State in relation to the establishment of the Council,
(b) the exercise of any power of the Commission to determine anything falling to be determined under such conditions.'.
Application of customs and excise enactments to certain postal packets
Mr Secretary Byers
NC3
To move the following Clause:—
'.—(1) Subject as follows, the enactments for the time being in force in relation to customs or excise shall apply in relation to goods contained in postal packets to which this section applies which are brought into or sent out of the United Kingdom by post from or to any place outside the United Kingdom as they apply in relation to goods otherwise imported, exported or removed into or out of the United Kingdom from or to any such place.
(2) The Treasury, on the recommendation of the Commissioners of Customs and Excise and the Secretary of State, may make regulations for—
(a) specifying the postal packets to which this section applies,
(b) making modifications or exceptions in the application of the enactments mentioned in subsection (1) to such packets,
(c) enabling persons engaged in the business of a postal operator to perform for the purposes of those enactments and otherwise all or any of the duties of the importer, exporter or person removing the goods,
(d) carrying into effect any arrangement with the government or postal administration of any other country with respect to foreign postal packets,
(e) securing the observance of the enactments mentioned in subsection (1),
(f) without prejudice to any liability of any person under those enactments, punishing any contravention of the regulations.
(3) Duties (whether of customs or excise) charged on imported goods or other charges payable in respect of postal packets to which this section applies (whether payable to a postal operator or to any other foreign administration) may be recovered by the postal operator concerned as a civil debt due to him.
(4) In any proceedings for the recovery of any charges payable as mentioned in subsection (3), a certificate of the postal operator concerned of the amount of the charges shall be evidence (and, in Scotland, sufficient evidence) of that fact.
(5) In this section "foreign postal packet" means any postal packet either posted in the United Kingdom and sent to a place outside the United Kingdom, or posted in a place outside the United Kingdom and sent to a place within the United Kingdom, or in transit through the United Kingdom to a place outside the United Kingdom.'.
Power to detain postal packets containing contraband
Mr Secretary Byers
NC4
To move the following Clause:—
To move the following Clause:—
'.—(1) A postal operator may—
(a) detain any postal packet if he suspects that it may contain relevant goods,
(b) forward any packet so detained to the Commissioners of Customs and Excise.
(2) In this section "relevant goods" means—
(a) any goods chargeable with any duty charged on imported goods (whether a customs or an excise duty) which has not been paid or secured, or
(b) any goods in the course of importation, exportation or removal into or out of the United Kingdom contrary to any prohibition or restriction for the time being in force by virtue of any enactment.
(3) Subsection (1) is without prejudice to section (Application of customs and excise enactments to certain postal packets).
(4) The Commissioners may open and examine any postal packet forwarded to them under this section—
(a) in the presence of the person to whom the packet is addressed, or
(b) where the address on the packet is outside the United Kingdom or where subsection (5) applies, in the absence of that person.
(5) This subsection applies where—
(a) the Commissioners have—
(i) left at the address on the packet notice requiring the attendance of the person concerned, or
(ii) forwarded such notice by post to that address, and
(b) the addressee fails to attend.
(6) If the Commissioners find any relevant goods on opening and examining a postal packet under this section, they may detain the packet and its contents for the purpose of taking proceedings in relation to them.
(7) If the Commissioners do not find any relevant goods on opening and examining a postal packet under this section, they shall—
(a) deliver the packet to the addressee upon his paying any postage and other sums chargeable on it, or
(b) if he is absent, forward the packet to him by post.'.
Tax
Mr Secretary Byers
NC5
To move the following Clause:—
'. Schedule (Transfer to the Post Office company: tax) (taxation provisions in relation to the transfer to the Post Office company) shall have effect.'.
Meaning of "reasonable excuse"
Mr Alan Duncan
Mr Richard Page
NC6
To move the following Clause:—
'In sections 81 and 82 "reasonable excuse" includes intentionally delaying or opening a postal packet in the course of its transmission by post—
(a) pursuant to a request from any constable or the Commissioners of Customs and Excise, or
(b) if a person reasonably suspects that the postal packet contains goods which may be illegal.'.
Mr Alan Duncan
Mr Richard Page
58
Page 2, line 41 [Clause 4], at end insert—
'(2A) Prices shall be geared to costs.'.
Mr Alan Duncan
Mr Richard Page
59
Page 3, line 35 [Clause 5], at end insert—
'(e) individuals who are homeless'.
Mr Alan Duncan
Mr Richard Page
60
Page 4, line 36 [Clause 7], leave out '£1' and insert '50p'.
Mr Alan Duncan
Mr Richard Page
61
Page 4, line 38 [Clause 7], leave out '350' and insert '150'.
Mr Secretary Byers
30
Page 5, line 35 [Clause 7], leave out from 'letters' to end of line 39 and insert 'of members of a document exchange from a departure facility for that exchange to an arrival facility for another document exchange by persons who are not members of either exchange, and the collection and delivery by such persons for that purpose of letters delivered to the departure facility concerned,'.
