Postal Services Bill [HL]
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department for Business, Enterprise
and Regulatory Reform, are published separately as Bill 100—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Mr Gareth Thomas has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Postal Services Bill [HL] are compatible with the
Convention rights.
Bill 100
54/4
Contents
Part 1
Restructuring of Royal Mail group
Ownership of the Post Office
1
Post Office companies to be owned in their entirety by the Crown
2
Meaning of “Post Office company”
Ownership of the Royal Mail
3
Royal Mail companies to be publicly owned
4
Meaning of “Royal Mail company”
Securities
5
Power to direct issue of certain securities
6
Government investment in certain securities
Transfer of property etc
7
Transfer schemes
8
Transfer of employees otherwise than under transfer scheme
9
Taxation provisions relating to re-structuring
Ownership
10
Meaning of “owned in its entirety by the Crown” and “publicly owned”
11
Indirect ownership of companies
12
Ownership of a company
13
Employee share schemes
14
Report on agreement to dispose of shares in a Royal Mail company etc
Supplementary provisions
15
Annual report on post office network
16
Directions
17
Interpretation of Part 1
ii
Part 2
Royal Mail Pension Plan
Introduction
18
Powers exercisable
19
Transfer of qualifying accrued rights to new public scheme
20
Division of the RMPP into different sections
21
Amendments of the RMPP
22
Protection against adverse treatment
23
Transfer of assets of the RMPP
24
Restriction on power to transfer assets
25
Taxation
26
Information
27
Orders and regulations
28
Interpretation of Part 2
Part 3
Regulation of postal services
Postal services
29
Postal services, postal packets and postal operators
30
General authorisation to provide postal services
The universal postal service
31
Duty to secure provision of universal postal service
32
33
Definitions for purposes of section 32
Universal service provider
34
Designation of universal service provider
35
Designated USP condition
36
Publication of information about performance
37
USP access conditions
38
USP accounting conditions
Persons providing services within scope of universal postal service
39
Services within scope of the universal postal service
40
General universal service conditions
41
Recovery of administrative charges incurred by OFCOM
iii
Financial support for universal service
42
Review of costs of universal service obligations
43
Sharing of burden of universal service obligations
44
Report on sharing mechanism
Postal operators generally
45
Notification by postal operators
46
Essential conditions
47
General access conditions
48
Consumer protection conditions
49
Provision that may be made by consumer protection conditions
General provisions
50
Imposition, modification or revocation of regulatory conditions
51
Appeals against price control decisions
52
Appeals under section 51: supplementary
53
Enforcement of regulatory requirements
54
55
General restriction on disclosure of information
Supplementary and consequential provisions
56
Duties in relation to social and environmental matters
57
Orders, schemes and regulations made by OFCOM
58
Abolition of Postal Services Commission etc
59
Interpretation of Part 3
60
Transitional provisions for Part 3
Part 4
General
61
Orders and regulations made by the Secretary of State or the Treasury
62
Meaning of “enactment”
63
Minor and consequential amendments and repeals
64
Short title, commencement and extent
Schedule 1 —
Schedule 2 —
Taxation provisions relating to re-structuring etc
Schedule 3 —
Further provision about access conditions
Part 1 —
Provision that may be made by access conditions
Part 2 —
Resolution of access disputes by OFCOM
Schedule 4 —
Schedule 5 —
Approval of redress schemes
Schedule 6 —
Imposition, modification or revocation of regulatory
conditions
Schedule 7 —
Schedule 8 —
Information provisions
iv
Requirements to provide information to OFCOM
Enforcement
Part 3 —
Schedule 9 —
Schedule 10 —
Amendments of the Postal Services Act 2000 (c. 26)
Amendments of the Communications Act 2003 (c. 21)
Amendments of other enactments
Part 4 —
General modifications
Part 5 —
Other repeals