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Postal Services Bill [HL]


Postal Services Bill [HL]
Schedule 10 — Minor and consequential amendments and repeals
Part 2 — Amendments of the Communications Act 2003 (c. 21)

93

 

      (5)  

The Secretary of State must consult OFCOM before making

regulations under this paragraph.

      (6)  

In this paragraph “access point” means apparatus of a kind

mentioned in paragraph 1(2)(a).”

53         

Omit Schedule 7 (disclosure of information).

5

Part 2

Amendments of the Communications Act 2003 (c. 21)

54         

The Communications Act 2003 is amended as follows.

55         

In section 3 (general duties of OFCOM), after subsection (6) insert—

“(6A)   

Where it appears to OFCOM, in relation to the carrying out of any of

10

their functions in relation to postal services, that any of their general

duties conflict with their duty under section 31 of the Postal Services

Act 2009 (duty to secure provision of universal postal service),

priority must be given to their duty under that section.”

56         

In section 14 (consumer research), after subsection (6) insert—

15

“(6A)   

OFCOM must make arrangements for ascertaining—

(a)   

the state of public opinion from time to time about the way in

which postal services are provided;

(b)   

the experiences of consumers in the markets for postal

services, in relation to the way in which those services are

20

provided;

(c)   

the experiences of such consumers in relation to the handling,

by persons providing postal services, of complaints made to

them by such consumers;

(d)   

the experiences of such consumers in relation to the

25

resolution of disputes with persons providing postal

services;

(e)   

the interests and experiences of such consumers in relation to

matters that are incidental to or otherwise connected with

their experiences of the provision of postal services.”

30

57    (1)  

Section 16 (consumer consultation) is amended as follows.

      (2)  

In subsection (1)(b), at the end insert “(other than postal services)”.

      (3)  

In subsection (3)—

(a)   

in paragraph (c), for “any such services or facilities” substitute “a

service or facility mentioned in subsection (4)(a) to (e)”;

35

(b)   

in paragraph (e), for “such services or facilities” substitute “services

or facilities mentioned in subsection (4)”.

      (4)  

In subsection (4)—

(a)   

omit “and” at the end of paragraph (d);

(b)   

after paragraph (e) insert—

40

“(f)   

postal services.”

 
 

Postal Services Bill [HL]
Schedule 10 — Minor and consequential amendments and repeals
Part 2 — Amendments of the Communications Act 2003 (c. 21)

94

 

      (5)  

In subsection (13), in paragraph (a) of the definition of “domestic and small

business consumer”, for “any such services or facilities” substitute “a service

or facility mentioned in subsection (4)(a) to (e)”.

58    (1)  

Section 22(5) (representation on international and other bodies) is amended

as follows.

5

      (2)  

In the definition of “communication functions”, omit the “and” at the end of

paragraph and after that paragraph insert—

“(ba)   

functions relating to postal services; and”.

      (3)  

In the definition of “international meetings about communication”, after

paragraph (b) insert—

10

“(ba)   

the regulation of postal services;”.

59    (1)  

Section 26 (publication of information and advice for consumers etc) is

amended as follows.

      (2)  

In subsection (2)—

(a)   

omit the “and” at the end of paragraph (c);

15

(b)   

after paragraph (d) insert—

“(e)   

the customers of persons who provide postal

services.”

      (3)  

After that subsection insert—

“(2A)   

In subsection (2)(e) the reference to customers of persons who

20

provide postal services includes—

(a)   

persons who wish to be provided with such services,

(b)   

persons who are likely to seek to be provided with such

services, and

(c)   

addressees.”

25

60         

In section 369(1) (matters in relation to which OFCOM have competition

functions), after paragraph (e) insert—

“(f)   

the provision of postal services.”

61    (1)  

Section 370 (OFCOM’s functions under Part 4 of the Enterprise Act 2002) is

amended as follows.

30

      (2)  

In subsection (11), for “section 3 does not” substitute “section 3 of this Act

(general duties) and section 31 of the Postal Services Act 2009 (duty to secure

provision of universal postal service) do not”.

      (3)  

In subsection (12), for “section 3(1) to (4)” substitute “section 3(1) to (4) of this

Act or section 31 of the Postal Services Act 2009”.

35

62    (1)  

Section 371 (OFCOM’s functions under Competition Act 1998) is amended

as follows.

      (2)  

In subsection (11), for “section 3 does not” substitute “section 3 of this Act

(general duties) and section 31 of the Postal Services Act 2009 (duty to secure

provision of universal postal service) do not”.

40

      (3)  

In subsection (12), for “section 3(1) to (4)” substitute “section 3(1) to (4) of this

Act or section 31 of the Postal Services Act 2009”.

63         

In section 394(2) (service of notifications and other documents)—

 
 

Postal Services Bill [HL]
Schedule 10 — Minor and consequential amendments and repeals
Part 3 — Amendments of other enactments

95

 

(a)   

omit the “and” at the end of paragraph (e);

(b)   

at the end insert—

“(g)   

Part 3 of the Postal Services Act 2009.”

64         

In section 400(1) (destination of licence fees and penalties), at the end

insert—

5

“(i)   

an amount paid to OFCOM in respect of a penalty imposed

by them under Part 3 of the Postal Services Act 2009.”

65         

In section 404(4) (criminal liability of company directors etc.)—

(a)   

omit the “or” at the end of paragraph (d);

(b)   

at the end insert “; or

10

(f)   

Part 3 of the Postal Services Act 2009.”

66    (1)  

Section 405 (general interpretation) is amended as follows.

      (2)  

In subsection (1), after the definition of “other member State” insert—

““postal services” has the meaning given by section 29 of the

Postal Services Act 2009;”.

15

      (3)  

After subsection (5) insert—

“(5A)   

References in this Act to consumers in a market for a service include,

where the service is a postal service, addressees.”

Part 3

Amendments of other enactments

20

House of Commons Disqualification Act 1975 (c. 24)

67         

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

(other disqualifying offices), for the entry relating to a director of the Post

Office company substitute—

           

“Director of any of the following, being a director appointed or

25

nominated by a Minister of the Crown or by a person acting on

behalf of the Crown—

(a)   

a Post Office company;

(b)   

a Royal Mail company;

(c)   

the original holding company.

30

           

Expressions used in paragraphs (a) to (c) have the same meanings

as in Part 1 of the Postal Services Act 2009.”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

68         

In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification

Act 1975 (other disqualifying offices), after the entry relating to a director of

35

the National Building Agency insert—

           

“Director of any of the following, being a director appointed or

nominated by a Minister of the Crown or by a person acting on

behalf of the Crown—

(a)   

a Post Office company;

40

(b)   

a Royal Mail company;

 
 

Postal Services Bill [HL]
Schedule 10 — Minor and consequential amendments and repeals
Part 3 — Amendments of other enactments

96

 

(c)   

the original holding company.

           

Expressions used in paragraphs (a) to (c) have the same meanings

as in Part 1 of the Postal Services Act 2009.”

Taxation of Chargeable Gains Act 1992 (c. 12)

69         

In section 288(3A) of the Taxation of Chargeable Gains Act 1992 (meaning of

5

“the no gain/no loss provisions”), after paragraph (j) insert—

“(k)   

paragraph 5 of Schedule 2 to the Postal Services Act 2009.”

Office of Communications Act 2002 (c. 11)

70         

In paragraph 12(2) of the Schedule to the Office of Communications Act 2002

(OFCOM’s annual report), omit the “and” at the end of paragraph (a) and

10

after that paragraph insert—

“(aa)   

a report about OFCOM’s performance, during that year, of

their duty under section 31 of the Postal Services Act 2009

(duty to secure provision of universal postal service); and”.

Consumer, Estate Agents and Redress Act 2007 (c. 17)

15

71         

The Consumers, Estate Agents and Redress Act 2007 is amended as follows.

72         

In the following provisions (which relate to postal services in Northern

Ireland) for “relevant postal services” substitute “postal services”—

section 2(1)(c)(ii);

section 3(2)(b) and (4)(a);

20

section 4(1)(b) and (5)(b);

section 5(4)(b);

section 38(2)(c).

73    (1)  

Section 15 (reference of matters to the Postal Services Commission) is

amended as follows.

25

      (2)  

For the heading substitute “Reference of postal matters to OFCOM”.

      (3)  

In subsection (1)—

(a)   

in the opening words for “the Postal Services Commission (“the

Commission”)” substitute “the Office of Communications

(“OFCOM”)”;

30

(b)   

in paragraph (a) for “a condition of a licence under Part 2 of the

Postal Services Act 2000” substitute “a condition imposed under Part

3 of the Postal Services Act 2009”.

      (4)  

In subsection (2) for “the Commission” (twice) substitute “OFCOM”.

74         

In section 16 (investigations relating to public post offices), in subsection (2)

35

(meaning of “public post office”) for “section 42(3)” substitute “section

125(1)”.

75         

In section 24(9) (provision of information: definitions), in the definition of

“designated regulator”) for paragraph (b) substitute—

“(b)   

the Office of Communications;”.

40

76    (1)  

Section 25 (enforcement by regulator of section 24 notice) is amended as

follows.

 
 

Postal Services Bill [HL]
Schedule 10 — Minor and consequential amendments and repeals
Part 4 — General modifications

97

 

      (2)  

In subsection (3), in the table, for the entry relating to a person holding a

licence under Part 2 of the Postal Services Act 2000 (c. 26) substitute—

 

“A postal operator.

The Office of Communications.”

 

      (3)  

After subsection (6) insert—

“(6A)   

An obligation imposed by virtue of subsection (5) on a postal

5

operator is enforceable by OFCOM under Schedule 7 to the Postal

Services Act 2009 (enforcement of regulatory requirements).”

77         

In section 29(3)(b) (disclosure of information: application of Part 9 of the

Enterprise Act 2002) for “the Postal Services Act 2000” substitute “the Postal

Services Act 2009”.

10

78    (1)  

Section 41 (interpretation of Part 1) is amended as follows.

      (2)  

At the appropriate place insert—

“postal operator” has the same meaning as in Part 3 of the Postal

Services Act 2009 (see section 59 of that Act);”.

      (3)  

In the definition of “postal services” for “Postal Services Act 2000 (see section

15

125(1) of that Act)” substitute “Part 3 of the Postal Services Act 2009 (see

section 59 of that Act)”.

      (4)  

Omit the definition of “relevant postal services”.

79         

In section 42 (interpretation of Part 2), omit the entry relating to a person

holding a licence under Part 2 of the Postal Services Act 2000.

20

80    (1)  

Section 45 (information with respect to compliance with complaints

handling standards) is amended as follows.

      (2)  

After subsection (1) insert—

“(1A)   

This section also applies in relation to standards for the handling of

complaints made about postal operators by users of their services

25

which are contained in consumer protection conditions imposed

under Part 3 of the Postal Services Act 2009.”

      (3)  

In subsection (2), after “providers” insert “or postal operators”.

81         

In section 60(10) (orders and regulations: meaning of “regulator”), omit

paragraph (b) and the “or” preceding it.

30

82         

In section 65 (extent), omit subsections (4) and (5).

Part 4

General modifications

83         

The following modifications have effect subject to any express amendment

made by or under this Act.

35

84    (1)  

For any reference in an enactment to the Post Office company or a relevant

subsidiary within the meaning of the Postal Services Act 2000 substitute a

reference to the original holding company or a Post Office company or Royal

Mail company within the meaning of Part 1 of this Act.

 
 

Postal Services Bill [HL]
Schedule 10 — Minor and consequential amendments and repeals
Part 5 — Other repeals

98

 

      (2)  

For any reference in an enactment to the Post Office company within the

meaning of that Act or any of its subsidiaries substitute a reference to—

(a)   

a Post Office company,

(b)   

a Royal Mail company, or

(c)   

any company in the same group of companies as a company within

5

paragraph (a) or (b),

           

within the meaning of that Part.

      (3)  

For any other reference in an enactment to the Post Office company within

the meaning of that Act substitute a reference to the original holding

company within the meaning of that Part.

10

85    (1)  

For any reference in an enactment to a universal service provider within the

meaning of the Postal Services Act 2000 substitute a reference to a postal

operator within the meaning of Part 3 of this Act.

      (2)  

For any reference in an enactment to a universal postal service within the

meaning of that Act substitute a reference to postal services within the

15

meaning of that Part.

86         

The above modifications do not apply to any enactment contained in—

(a)   

the Postal Services Act 2000 (c. 26) (see Part 1 of this Schedule),

(b)   

the Communications Act 2003 (c. 21) (see Part 2 of this Schedule), or

(c)   

the Consumers, Estate Agents and Redress Act 2007 (c. 17) (see

20

paragraphs 71 to 82 in Part 3 of this Schedule).

Part 5

Other repeals

 

Short title and chapter

Extent of repeal

 
 

Postal Services Act 2000 (c. 26)

Section 115.

 

25

 

Enterprise Act 2002 (c. 40)

In Schedule 9, paragraph 14.

 
  

In Schedule 25, paragraph 42.

 
 

Railways and Transport Safety

In Schedule 2, paragraph 19(r).

 
 

Act 2003 (c. 20)

  
 

Communications Act 2003 (c.

In Schedule 17, paragraph 162(3).

 

30

 

21)

  
 

Water Act 2003 (c. 37)

In Schedule 9, paragraph 33.

 
 

Railways Act 2005 (c. 14)

In Schedule 12, paragraph 15.

 
 

Consumers, Estate Agents and

Section 52(4).

 
 

Redress Act 2007 (c. 17)

In Schedule 1, paragraphs 30 and 31.

 

35

  

In Schedule 2, paragraph 3.

 
  

In Schedule 5, paragraph 3.

 
  

In Schedule 7, paragraphs 12 to 17.

 
 
 

 
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