| Amendments proposed to the Postal Services Bill, As Amended - continued | House of Commons |
| back to previous text | |
|
Mr Secretary Byers 17 Page 40, line 37 [Clause 65], leave out 'such person' and insert 'person falling within this subsection'.
Mr Secretary Byers 18 Page 40, line 37 [Clause 65], at end insert—'( ) Subsection (2) does not apply in relation to any disposal by the Post Office company, any subsidiary of that company or any nominee of the company or subsidiary to any other person falling within this subsection.'.
Mr Bob Laxton 78 Page 41, line 21 [Clause 66], at end insert—
Mr Secretary Byers 79 Page 43, line 16 [Clause 69], at end insert—'( ) Before exercising any power under subsection (1) or (2) in relation to liabilities of the Post Office company, the Secretary of State shall consult that company. ( ) Before exercising any power under subsection (1) or (2) in relation to liabilities of a subsidiary of the Post Office company, the Secretary of State shall consult the Post Office company and the subsidiary.'.
Mr Secretary Byers 80 Page 43, line 16 [Clause 69], at end insert—'( ) The Secretary of State may by order repeal this section.'.
Mr Secretary Byers 81 Page 46, line 4 [Clause 73], after 'power' insert '(other than the power under subsection (6))'.
Mr Secretary Byers 36 Page 55, line 26 [Clause 93], after 'customs' insert 'or excise'.
Mr Secretary Byers 37 Page 55, line 27 [Clause 93], leave out '16 of the Post Office Act 1953' and insert '(Application of customs and excise enactments to certain postal packets)'.
Mr Secretary Byers 38 Page 55, line 30 [Clause 93], leave out '17 of that Act' and insert '(Power to detain postal packets containing contraband)'.
Mr Secretary Byers 19 Page 57, line 31 [Clause 97], at end insert ', a member of the National Assembly for Wales'.
Mr Secretary Byers 20 Page 57, line 38 [Clause 97], after 'Parliament', insert ', the National Assembly for Wales'.
Mr Secretary Byers 21 Page 57, line 40 [Clause 97], after 'Parliament', insert ', a member of the National Assembly for Wales'.
Mr Secretary Byers 22 Page 58, line 10 [Clause 97], after second 'Parliament' insert ', the National Assembly for Wales'.
Mr Alan Duncan 75 Page 62, line 16 [Clause 105], at end insert 'and—
Mr Alan Duncan 76 Page 62, line 16 [Clause 105], at end insert—'(1A) In the File—
Mr Secretary Byers 39 Page 63, line 44 [Clause 109], after 'order' insert ', or of the Treasury to make regulations,'.
Mr Secretary Byers 40 Page 64, line 1 [Clause 109], after 'order' insert ', or of the Treasury to make regulations,'.
Mr Secretary Byers 41 Page 64, line 6 [Clause 109], after 'State' insert 'or (as the case may be) the Treasury'.
Mr Secretary Byers 42 Page 64, line 16 [Clause 109], at end insert—'( ) The power of the Secretary of State under section (Subsidy for public post offices) as extended by this section may be exercised by modifying any enactment.'.
Mr Secretary Byers 43 Page 64, line 16 [Clause 109], at end insert—'( ) Regulations under section (Application of customs and excise enactments to certain postal packets) shall be subject to annulment in pursuance of a resolution of the House of Commons.'.
Mr Secretary Byers 82 Page 64, line 19 [Clause 109], leave out 'and paragraph 2 of Schedule 3'.
Mr Secretary Byers 44 Page 64, line 21 [Clause 109], after '91' insert '(Subsidy for public post offices),'.
Mr Secretary Byers 45 Page 64, line 29 [Clause 111], at end insert—
Mr Secretary Byers 46 Page 67, line 35 [Clause 113], at end insert—'Public post office Section 41(3)'.
Mr Secretary Byers 47 Page 68, line 10 [Clause 115], leave out ', or in any instrument or other document,'.
NEW SCHEDULE
Mr Secretary Byers NS1 To move the following Schedule:—
'TRANSFER TO THE POST OFFICE COMPANY: TAXCorporation tax: general 1. The Post Office company shall, on and after the appointed day, be treated for all purposes of corporation tax as if it were the same person as the Post Office.
Shares and other securities 2. Any share issued by the Post Office company or any of its wholly owned subsidiaries in pursuance of section 62 shall be treated for the purposes of the Corporation Tax Acts as if it had been issued wholly in consideration of a subscription paid to the company concerned of an amount equal to the nominal value of the share.3. Any security (other than a share) issued by the Post Office company or any of its wholly owned subsidiaries in pursuance of section 62 or 73 shall be treated for the purposes of the Corporation Tax Acts as if it had been issued wholly in consideration of a loan made to the company concerned of an amount equal to the principal sum payable under the security.
Transfer arrangements 4. The existence or exercise of the powers of the Secretary of State under section 61 shall not be regarded as constituting or creating arrangements within the meaning of section 410 of the Income and Corporation Taxes Act 1988 (arrangements for the transfer of a company to another group or consortium).
Tax-free benefits 5. Nothing in this Part and nothing done under it shall be regarded as a scheme or arrangement for the purposes of section 30 of the Taxation of Chargeable Gains Act 1992 (tax-free benefits).
Assets acquired by the Post Office in 1969 6. The Act of 1992 shall apply in relation to a disposal by the Post Office company of an asset acquired by the Post Office by virtue of Part III of the Post Office Act 1969 as if the acquisition or provision of the asset by the Crown had been the acquisition or provision of it by the Post Office company.
Stamp duty 7. No transfer effected by virtue of section 61 shall give rise to any liability to stamp duty.'.
Mr Alan Duncan 55 Page 69, line 7 [Schedule 1], after 'three', insert 'and not more than five'.
Mr Alan Duncan 56 Page 69, line 8 [Schedule 1], after 'Chairman', insert 'after they have been examined by the Trade and Industry Select Committee of the House of Commons and the Secretary of State has considered its recommendations.'.
Mr Alan Duncan 57 Page 70, line 20 [Schedule 1], leave out '(including quorum)' and insert ', but such procedures must specify a quorum of either 60 per cent. of its membership or three, whichever is the greater'.
Mr Secretary Byers 48 Page 71 [Schedule 1], leave out lines 1 to 3.
Mr Alan Duncan 77 Page 71, line 8 [Schedule 2], at end insert 'after his preferred candidate has been examined by the Trade and Industry Select Committee of the House of Commons and the Secretary of State has considered its recommendations.'
Mr Secretary Byers 83 Page 75 [Schedule 3], leave out lines 2 to 7 and insert—'2.—(1) The Post Office company shall, on and after the appointed day, be liable to make payments of the same descriptions as the descriptions of payments which, immediately before that day, the Post Office was liable to make under sections 44 and 46 of the Post Office Act 1969 (pension payments for certain former civil servants). (2) Sub-paragraph (1) is without prejudice to the generality of the transfer effected by virtue of section 61. 2A. Section 6(2) of the Commonwealth Telegraphs Act 1949 (which provides for the making of regulations with respect to the payment of pensions to, or in respect of, employees of Cable and Wireless Limited) shall have effect as if, in paragraph (c) and sub-paragraphs (iv), (v) and (vi) of paragraph (d), references which include references to the successor company (within the meaning of the Telecommunications Act 1984) included references to the Post Office company. 2B.—(1) Trustees appointed by the Post Office company shall hold moneys held immediately before the appointed day by virtue of section 47(10) of the Post Office Act 1969 (moneys paid to the Post Office to meet certain pension liabilities), and any sums accruing as a result of the investment of such money, on such relevant trusts as the Post Office company may declare. (2) For the purposes of sub-paragraph (1)—
(3) Subject to that, for the purposes of sub-paragraph (1), trusts are relevant trusts if their objects consist in—
and include the objects of the first relevant trusts.'.
|
| |
| ©Parliamentary copyright 2000 | Prepared 18 Apr 2000 |